As used in this chapter, certain terms are defined as follows:
(a) "Administer" means the direct application of a drug, whether by injection, inhalation, ingestion or any other means to a person or an animal.
(b) "Controlled substance" means a drug, compound, mixture, preparation or substance included in Schedule I, II, III, IV or V.
(c) "Dispense" means sell, leave with, give away, dispose of or deliver.
(d) "Distribute" means to deal in, ship, transport or deliver but does not include administering or dispensing a drug.
(e) "Hashish" means the resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.
(f) "Hypodermic" means a hypodermic syringe or needle, or other instrument or device for the subcutaneous injection of medication.
(g) "Manufacture" means a person who plants, cultivates, harvests, processes, makes, prepares or otherwise engages in any part of the production of a controlled substance by propagation, compounding, conversion or processing, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container and other activities incident to production, except that this term does not include a pharmacist who prepares, compounds, packages or labels a controlled substance as an incident to dispensing a controlled substance in accordance with a prescription and in the usual course of professional practice.
(h) "Marihuana" means all parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. "Marihuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination; except that it does not include hashish.
(i) "Noxious additive" means any element or compound designated by the State Board of Pharmacy for use as a safe and effective ingredient in any product containing the ingredient toluene, the gas, fumes or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation or other harmful physiological effects, which will discourage the intentional smelling or inhaling of the fumes of such product. A noxious additive shall not be added to such product if such addition would make the product unsuitable for its intended use or adversely affect the performance of the product. The addition of a noxious additive to such product is not required if the Board determines that the normal chemical composition of the product creates a level of noxiousness that is sufficient to discourage the intentional smelling or inhaling of the product's fumes.
(j) "Official written order" means an order written on a form provided for that purpose by the Director of the United States Drug Enforcement Administration, under any laws of the United States making provision therefor, if such order forms are authorized and required by Federal law.
(k) "Pharmacist" means a person registered with the State Board of Pharmacy as a compounder and dispenser of drugs.
(l) "Pharmacy" means any area, room, rooms, place of business, department or portion of any of the foregoing, where prescriptions are filled or where drugs, dangerous drugs or poisons are compounded, sold, offered, or displayed for sale, dispensed or distributed to the public.
(m) "Practitioner" means a person who is licensed pursuant to Ohio R.C. Chapter 4715, 4731 or 4741 and authorized by law to write prescriptions for drugs or dangerous drugs.
(n) "Prescription" means a written or oral order for a controlled substance for the use of a particular person or a particular animal given by a practitioner in the course of professional practice and in accordance with the regulations promulgated by the Director of the United States Drug Enforcement Administration, pursuant to the Federal drug abuse control laws.
(o) "Sale" includes delivery, barter, exchange, transfer or gift, or offer thereof, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
(p) "Schedule I", "Schedule II", "Schedule III", "Schedule IV" and "Schedule V" means controlled substance Schedules I, II, III, IV, and V respectively, established pursuant to Ohio R.C. 3719.41, as amended pursuant to Ohio R.C. 3719.43 or 3719.44.
(q) "Wholesaler" means a person who, on official written orders other than prescriptions, supplies controlled substances that he himself has not manufactured, produced or prepared and includes "wholesale distributor of dangerous drugs" as this term is defined in Ohio R.C. 4729.02.
(ORC 3719.01)
(r) "Drug of abuse" means any controlled substance as defined in subsection (b) hereof, any harmful intoxicant as defined in subsection (x) hereof and any dangerous drug as defined in subsection (r) hereof.
(ORC 3719.01)
(s) "Dangerous drug" means:
(1) Any drug which, under the "Federal Food, Drug and Cosmetic Act", Federal narcotic law, Ohio R.C. 3715.01 to 3715.72 or Chapter 3719, may be dispensed only upon a prescription;
(2) Any drug which contains a Schedule V narcotic drug and which is exempt from Ohio R.C. Chapter 3719 or to which such chapter does not apply;
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body.
(t) "Bulk amount" of a controlled substance means any of the following:
(1) An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation or substance which is, or which contains any amount of, a Schedule I opiate or opium derivative, or cocaine;
(2) An amount equal to or exceeding ten grams of a compound, mixture, preparation or substance which is, or contains any amount of, raw or gum opium;
(3) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation or substance which is, or contains any amount of, a Schedule I hallucinogen other than tetrahydrocannabinol, lysergic acid diethylamide, lysergic acid amide or marihuana or a Schedule I depressant.
(4) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance which is, or contains any amount of, a Schedule II opiate or opium derivative;
(5) An amount equal to or exceeding one gram or ten unit doses of a compound, mixture, preparation or substance which is, or contains any amount of lysergic acid diethylamide, lysergic acid amide;
(6) An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation or substance which is, or contains any amount of, phencyclidine;
(7) An amount equal to or exceeding 120 grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance which is, or contains any amount of, a Schedule II stimulant or depressant substance, or a Schedule III or IV substance;
(8) An amount equal to or exceeding 250 milliliters or 250 grams of a compound, mixture, preparation or substance which is, or contains any amount of, a Schedule V substance.
(u) "Unit dose" means an amount or unit of a compound, mixture or preparation containing a controlled substance, such amount or unit being separately identifiable and in such form as to indicate that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
(v) "Harmful intoxicant" does not include beer or intoxicating liquor, but means any compound, mixture, preparation or substance the gas, fumes or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation or other harmful physiological effects, and includes without limitation any of the following:
(1) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, and any other preparation containing a volatile organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(w) "Manufacture" means to plant, cultivate, harvest, process, make, prepare or otherwise engage in any part of the production of a drug by propagation, extraction, chemical synthesis or compounding, or any combination of the same, and includes packaging, repackaging, labeling and other activities incident to production.
(x) "Possess" or "possession" means having control over a thing or substance but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(y) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a practitioner, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(z) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of any of the following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia", prepared by authority of the United States Pharmacopeial Convention Inc.;
(3) Other standard references that are approved by the State Board of Pharmacy.
(aa) "Juvenile" means a person under eighteen years of age.
(bb) "Counterfeit controlled substance" means any of the following:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such trademark, trade name or identifying mark;
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it;
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance.
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its markings, labeling, packaging, distribution or the price for which it is sold or offered for sale.
(ORC 2925.01. Ord. 485-83. Passed 5-24-83.)
(cc) "Drug paraphernalia" means any of the following:
(1) All equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this section. It includes, but is not limited to:
A. Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances;
F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances;
G. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining, marihuana;
H. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
I. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
J. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
K. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body;
L. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
6. Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs;
13. Ice pipes or chillers.
(2) In determining whether an object is "drug paraphernalia", a court or other authority should consider, in addition to all other logically relevant factors, the following:
A. Statements by an owner or by anyone in control of the object concerning its use;
B. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or Federal law relating to any controlled substance;
C. The proximity of the object, in time and space, to a direct violation of this section;
D. The proximity of the object to controlled substances;
E. The existence of any residue of controlled substances on the object;
F. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this section; the innocence of an owner or of anyone in control of the object, as to a direct violation of this section, shall not prevent a finding that the object is intended for use or is designed for use as drug paraphernalia;
G. Instructions, oral or written, provided with the object concerning its use;
H. Descriptive materials accompanying the object which explain or depict its use;
I. National and local advertising concerning its use;
J. The manner in which the object is displayed for sale;
K. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
L. The existence and scope of legitimate uses for the object in the community;
M. Expert testimony concerning its use.
(Ord. 365-14. Passed by electors 9-15-15.)