§ 138.05 (2925.13) PERMITTING DRUG ABUSE.
   (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 or 2925.03.
   (D)   (1)   In addition to any prison term authorized or required by division (C) of this section and R.C. §§ 2929.13 and 2929.14 and in addition to any other sanction imposed for the offense under this section or R.C. §§ 2929.11 to 2929.18, the court that sentences a person who is convicted of or pleads guilty to a violation of division (A) of this section 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.
   (E)   Notwithstanding any contrary provision of R.C. § 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to R.C. § 2929.18(A) in accordance with and subject to the requirements of R.C. § 2925.03(F). The agency that receives the fine shall use the fine as specified in R.C. § 2925.03(F).
   (F)   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) (Rev. eff. with 2019 S-21) (Ord. 35-1976, passed 7-21-76; Am. Ord. 59-1991, passed 9-4-91) Penalty, see § 130.99