(a) No person shall knowingly obtain, possess or use a controlled substance.
(b) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731 and 4741;
(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States Food and Drug Administration;
(3) Any person who sells, offers for sale, prescribes, dispenses or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the Federal Food, Drug and Cosmetic Act, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act; or
(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(c) Whoever violates division (a) of this section is guilty of one of the following:
(1) Except as otherwise provided in divisions (c)(2), (c)(3), (c)(4) and (c)(5), if the drug involved in the violation is a compound, mixture, preparation or substance included in Schedule I or II of R.C. § 3719.41, or is cocaine, L.S.D., heroin or a compound, mixture or preparation containing such drugs, possession of drugs is a felony to be prosecuted under appropriate state law;
(2) A. If the drug involved is a compound, mixture, preparation or substance included in Schedule III, IV or V of R.C. § 3719.41, whoever violates division (a) of this section is guilty of possession of drugs.
B. The penalty for the offense shall be determined as follows. Except as otherwise provided in the following division, possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, it is a felony to be prosecuted under appropriate state law.
(3) If the drug involved in the violation is marihuana, drug abuse is a misdemeanor of the fourth degree.
(Ord. 1998-181, passed 9-24-1998)
Statutory reference:
Possession of controlled substances, see R.C. § 2925.11