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(a) As used in this section, “pure caffeine product” means:
(1) Subject to division (a)(2) of this section, a product that consists solely or primarily of caffeine and is manufactured into a crystalline, liquid, or powdered form.
(2) The phrase does not include any of the following that contains caffeine and is formulated, manufactured, and labeled in accordance with the laws and regulations enforced by the United States Food and Drug Administration:
A. Coffee, tea, any soft drink, any energy drink, or any other caffeine-containing beverage;
B. Any energy product.
(b) Except as provided in division (c) of this section, no person shall knowingly sell or offer for sale a pure caffeine product.
(c) Division (b) of this section does not prohibit a person from selling or offering for sale any product manufactured in a unit-dose form such as a pill, tablet, or caplet, but only if each unit dose of the product contains not more than 250 milligrams of caffeine.
(d) Nothing in this section prohibits either of the following:
(1) Possession of a product described in division (c) of this section;
(2) Possession of a pure caffeine product by any of the following:
A. A food processing establishment, as defined in R.C. § 3715.021;
B. A manufacturer of a drug that is available without a prescription;
C. A laboratory that holds a current, valid category III terminal distributor of dangerous drugs license issued by the state board of pharmacy under R.C. § 4729.54;
D. A laboratory of any agency or department of this state that performs testing, analysis, and other laboratory services on behalf of the state;
E. A postal or delivery service that transports or delivers a pure caffeine product to an entity specified in divisions (d)(2)A. to (d)(2)D. of this section.
(e) Whoever violates division (b) of this section is guilty of illegal sale of pure caffeine, a minor misdemeanor on a first offense and a misdemeanor of the third degree on each subsequent offense.
(R.C. § 2925.34)
(a) As used in this section:
(1) "Dextromethorphan" means the dextrorotatory isomer of 3-methoxy-N-methylmorphinan, including its salts, but not including its racemic or levorotatory forms.
(2) "Evidence of majority and identity" means a document issued by the federal government or a state, county, or municipal government, or a subdivision or agency of any of the foregoing, including a driver's or commercial driver's license, an identification card issued under Ohio R.C. 4507.50 to 4507.52, a military identification card, or any other form of identification that bears the name, date of birth, description, and picture of the person identified.
(3) "Retailer" means a place of business that offers consumer products for sale to the general public, including a terminal distributor of dangerous drugs that is licensed under Ohio R.C. Chapter 4729 and operated as a pharmacy.
(b) No retailer or employee of a retailer shall knowingly supply, deliver, give, or otherwise provide a drug, material, compound, mixture, preparation, or substance containing any quantity of dextromethorphan through the sale of any product to a person under 18 years of age, unless the person has been issued a prescription for the product being purchased.
(c) For purposes of division (b) of this section, the person making the sale of a product containing dextromethorphan shall require and obtain evidence of majority and identity from the purchaser, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be 25 years of age or older. Proof that the person making the sale demanded, was shown, and acted in reasonable reliance on the purchaser's evidence of majority and identity is a defense to any charge of a violation of division (b) of this section.
(d) A retailer or employee of a retailer is not liable for damages in a civil action for injury, death, or loss to person or property that allegedly arises from an act or omission associated with a failure to prevent the sale of a product containing dextromethorphan to a person under 18 years of age, unless the act or omission constitutes willful or wanton misconduct.
(e) Whoever violates division (b) of this section is guilty of illegally selling dextromethorphan, a minor misdemeanor.
(ORC 2925.62)