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(a) Except as otherwise provided in R.C. Chapter 3780 and notwithstanding any conflicting provision of this code or the Ohio Revised Code, an adult use consumer, may do the following:
(1) Use adult use cannabis;
(2) Possess, transfer without remuneration to another adult consumer, or transport adult use cannabis, subject to division (b) of this section; and
(3) Purchase adult use cannabis from an adult use dispensary per day in amounts that do not exceed the possession limits set forth in division (b)(1) of this section.
(b) Except as otherwise provided in R.C. Chapter 3796:
(1) The amount of cannabis that may be possessed by an adult use consumer shall not exceed:
A. Two and one-half ounces of adult use cannabis in any form except adult use extract; and
B. Fifteen grams of adult use cannabis in the form of adult use extract.
(2) The amount of cannabis that may be transferred by an adult use consumer without remuneration and not advertised or promoted to the public shall not exceed:
A. Two and one-half ounces of adult use cannabis in any form except adult use extract; and
B. Fifteen grams of adult use cannabis in the form of adult use extract.
(3) The amount of cannabis that may be transported by an adult use consumer shall not exceed:
A. Two and one-half ounces of adult use cannabis in any form except adult use extract; and
B. Fifteen grams of adult use cannabis in the form of adult use extract.
(c) Except as otherwise provided in R.C. Chapter 3780, an adult use consumer shall not be subject to arrest, criminal prosecution, or civil penalty for engaging in any of the activities authorized under R.C. Chapter 3780, including:
(1) Obtaining, using, possessing, or transporting adult use cannabis;
(2) Performing conduct authorized under R.C. § 3780.29;
(3) Acquiring, possessing, using, purchasing, manufacturing, selling, or transporting paraphernalia; and
(4) Assisting another adult use consumer, or allowing property to be used, in any of the acts authorized by R.C. Chapter 3780.
(d) (1) An individual is prohibited from operating a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft while using adult use cannabis or while under the influence of adult use cannabis and is subject to R.C. § 4511.19 or a substantially equivalent municipal ordinance for any violation of this division.
(2) An individual is prohibited from smoking, vaporizing, or using any other combustible adult use cannabis product while in a vehicle, motor vehicle, streetcar, trackless trolley, bike, watercraft, or aircraft and is subject to R.C. § 4511.19 or a substantially equivalent municipal ordinance for any violation of this division.
(e) Except as otherwise provided in R.C. Chapter 3780, no individual under 21 years of age shall knowingly show or give false information concerning the individual's name, age, or other identification for the purpose of purchasing adult use cannabis from an adult use dispensary licensed under R.C. Chapter 3780.
(f) Nothing in R.C. Chapter 3780 is intended to permit the transfer or sale of adult use cannabis, with or without remuneration, to an individual under 21 years of age, or to allow an individual under 21 years of age to purchase, possess, use, process, transport, or cultivate cannabis except where authorized by R.C. Chapter 3796.
(g) It is unlawful for any parent or guardian to knowingly permit their residence, any other private property under their control, or any vehicle, conveyance, or watercraft under their control to be used by an invitee of the parent's child or the guardian's ward, if the invitee is under 21 years of age, in a manner that constitutes a violation of R.C. Chapter 3780.
(1) A parent or guardian is deemed to have knowingly permitted their residence, any other private property under their control, or any vehicle, conveyance, or watercraft under their control to be used in violation of R.C. Chapter 3780 if they knowingly authorize or permit consumption of cannabis by underage invitees.
(2) Where the residence or other property has an owner and a tenant or lessee, the trier of fact may infer that the residence or other property is occupied only by the tenant or lessee.
(R.C. § 3780.36)
(h) Penalties.
(1) Except as otherwise provided in R.C. Chapter 3796, R.C. § 2925.11 or a substantially equivalent municipal ordinance shall apply when an adult use consumer possesses an amount of cannabis greater than the limits set forth in division (b)(1) of this section.
(2) Except as otherwise provided in R.C. Chapter 3780, an adult use consumer who uses adult use cannabis in public areas, or who violates division (d)(2) of this section as a passenger, is guilty of a minor misdemeanor.
(3) A. An individual under 21 years of age who knowingly shows or gives false information concerning the individual's name, age, or other identification for the purpose of purchasing or otherwise obtaining adult use cannabis from an adult use dispensary licensed under R.C. Chapter 3780 is guilty of a misdemeanor of the first degree. If, in committing a first violation, the offender presented to an adult use dispensary licensed under R.C. Chapter 3780 a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $250 and not more than $1,000, and may be sentenced to a term of imprisonment of not more than six months.
B. On a second violation in which, for the second time, the offender presented to an adult use dispensary licensed under R.C. Chapter 3780 a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. The court also may impose a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(7). The court, in lieu of suspending the offender's temporary instruction permit, probationary driver's license, or driver's license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
C. On a third or subsequent violation in which, for the third or subsequent time, the offender presented to an adult use dispensary licensed under R.C. Chapter 3780 a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. Except as provided in this division, the court also may impose a class six suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6), and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 years. The court, in lieu of suspending the offender's temporary instruction permit, probationary driver's license, or driver's license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
(4) An individual who is under 21 years of age and who solicits another individual to purchase adult use cannabis from an adult use dispensary licensed under R.C. Chapter 3780 is guilty of:
A. For a first violation, a misdemeanor of the fourth degree; and
B. For a second or subsequent violation, a misdemeanor of the second degree.
(5) An employee or agent of an adult use dispensary licensed under R.C. Chapter 3780 who knowingly sells cannabis to an individual under 21 years of age is guilty of a misdemeanor of the first degree.
(6) Any individual who violates R.C. § 3780.10(A), or R.C. § 3780.29(F), is guilty of the illegal trafficking in drugs under R.C. § 2925.03 and the illegal manufacture of drugs under R.C. § 2925.04.
(7) Any individual who violates division (b)(2) or (b)(3) of this section guilty of the illegal trafficking in drugs under R.C. § 2925.03.
(8) Any individual who violates R.C. § 3780.20(B) is guilty of illegal dispensing of drug samples under R.C. § 2925.36 or a substantially equivalent municipal ordinance.
(9) A. An individual who violates division (g) of this section is guilty of:
1. For a first violation, a misdemeanor of the third degree; and
2. For a second or subsequent violation, a misdemeanor of the first degree.
B. If a violation of division (g) of this section directly or indirectly results in great bodily harm or death to any individual, the individual violating division (g) is guilty of a felony to be prosecuted under appropriate state law.
(R.C. § 3780.99)
(a) No person shall knowingly cultivate marihuana.
(b) This section does not apply to any person listed in R.C. § 2925.03(B)(1), (B)(2) or (B)(3), or a substantially equivalent municipal ordinance, to the extent and under the circumstances described in that division.
(c) Whoever commits a violation of division (a) of this section is guilty of illegal cultivation of marihuana.
(1) Except as otherwise provided in the following divisions, illegal cultivation of marihuana is a minor misdemeanor or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the fourth degree.
(2) If the amount of marihuana involved equals or exceeds 100 grams but is less than 200 grams, illegal cultivation of marihuana is a misdemeanor of the fourth degree or, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, a misdemeanor of the third degree.
(3) If the amount of marihuana involved equals or exceeds 200 grams, illegal cultivation of marihuana is a felony to be prosecuted under appropriate state law.
(d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
(R.C. § 2925.04(A), (B), (C)(5), (G))
(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
(a) No person shall knowingly make, obtain, possess or use any instrument, article or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.
(b) (1) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731 and 4741.
(2) Division (B)(2) of R.C. § 2925.11 applies with respect to a violation of this section when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
(c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, violation of this section is a misdemeanor of the first degree.
(d) (1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with R.C. § 2925.38.
(2) A. Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under this section prior to September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under this section shall not file such a motion.
B. Upon the filing of a motion under division (d)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(R.C. § 2925.12)
(a) No person who is the owner, operator or person in charge of a locomotive, watercraft, aircraft or other vehicle, as defined in R.C. § 4501.01, shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.
(b) No person, who is the owner, lessee or occupant, or who has custody, control or supervision of premises, or real estate, including vacant land, shall knowingly permit his or her premises, or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person.
(c) Whoever violates this section is guilty of permitting drug abuse.
(1) Except as provided in division (c)(2) of this section, permitting drug abuse is a misdemeanor of the first degree.
(2) Permitting drug abuse is a felony to be prosecuted under appropriate state law if the felony drug abuse offense in question is a violation of R.C. § 2925.02, 2925.03, or 2925.04, or if the felony drug abuse offense in question is a violation of R.C. § 2925.041 and the offender had actual knowledge, at the time the offender permitted the vehicle, premises, or real estate to be used as described in division (a) or (b) of this section, that the person who assembled or possessed the chemicals in question in violation of R.C. § 2925.041 had assembled or possessed them with the intent to manufacture a controlled substance in Schedule I or Schedule II in violation of R.C. § 2925.04.
(d) Any premises or real estate that is permitted to be used in violation of division (b) of this section constitutes a nuisance subject to abatement pursuant to R.C. Chapter 3767.
(R.C. § 2925.13(A) - (C), (F))
Editor’s note:
Section 624.06 was repealed as part of the 1992 updating and revision of these Codified Ordinances because a violation of substantially equivalent state law (R.C. § 2925.22) was made a felony by the Ohio General Assembly by Am. Sub. H.B. No. 615, effective March 27, 1991.
(a) Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.
(b) Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a felony to be prosecuted under appropriate state law.
(c) (1) In addition to any other sanction imposed upon an offender for a violation of this section, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with R.C. § 2925.38.
(2) A. Any offender who received a mandatory suspension of the offender’s driver’s or commercial driver’s license or permit under this section prior to the September 13, 2016 may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of R.C. § 4511.19 or a substantially equivalent municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender’s license or permit was suspended under this section shall not file such a motion.
B. Upon the filing of a motion under division (c)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(R.C. § 2925.31)
(a) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:
(1) The record-keeping requirements established under division (c) of this section; or
(2) The labeling and transaction identification requirements established under division (d) of this section.
(b) Whoever violates division (a)(1) or (a)(2) of this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.
(c) Beginning July 1, 2001, a person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distribution of the nitrous oxide on a separate card. The person shall require the purchaser to sign the card and provide a complete residence address. The person dispensing or distributing the nitrous oxide shall sign and date the card. The person shall retain the card recording a transaction for one year from the date of the transaction. The person shall maintain the cards at the person’s business address and make them available during normal business hours for inspection and copying by officers or employees of the State Board of Pharmacy or of other law enforcement agencies that are authorized to investigate violations of this code, R.C. Chapter 2925, Chapter 3719 or Chapter 4729, or federal drug abuse control laws. The cards used to record each transaction shall inform the purchaser of the following:
(1) That nitrous oxide cartridges are to be used only for purposes of preparing food;
(2) That inhalation of nitrous oxide can have dangerous health effects; and
(3) That it is a violation of state law to distribute or dispense cartridges of nitrous oxide to any person under age 21, punishable as a felony of the fifth degree.
(d) (1) Each cartridge of nitrous oxide dispensed or distributed in this municipality shall bear the following printed warning: “Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under age 21. Do not inhale contents. Misuse can be dangerous to your health.”
(2) Each time a person dispenses or distributes one or more cartridges of nitrous oxide, the person shall mark the packaging containing the cartridges with a label or other device that identifies the person who dispensed or distributed the nitrous oxide and the person’s business address.
(R.C. § 2925.32(B)(4), (D)(2), (F), (G))
Statutory reference:
Trafficking in harmful intoxicants, felony offenses, see R.C. § 2925.32
(a) As used in this section,
MOTOR VEHICLE, STREET and HIGHWAY have the same meaning as in R.C. § 4511.01.
(b) Unless authorized by these Codified Ordinances or by state law, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances:
(1) While operating or being a passenger in or on a motor vehicle on a street, highway or other public or private property open to the public for purposes of vehicular traffic or parking; or
(2) While being in or on a stationary motor vehicle on a street, highway or other public or private property open to the public for purposes of vehicular traffic or parking.
(c) Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree.
(d) In addition to any other sanction imposed upon an offender for possessing nitrous oxide in a motor vehicle, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit.
(R.C. § 2925.33)
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