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Willowick Overview
Codified Ordinances of Willowick, OH
CODIFIED ORDINANCES OF THE CITY OF WILLOWICK, OHIO
COMPARATIVE SECTION TABLE
TABLE OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 507 Billposting and Handbills
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Drug Paraphernalia
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Relating to Persons
CHAPTER 541 Property Offenses
CHAPTER 543 Shopping Carts
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 555 Smoking in Public Places
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 513
Drug Abuse Control
513.01   Definitions.
513.02   Trafficking in controlled substances; gift of marihuana.
513.025   Cultivation of marihuana.
513.03   Drug possession offenses; controlled substance possession or use.
513.04   Possessing drug abuse instruments.
513.05   Permitting drug abuse.
513.06   Deception to obtain dangerous drugs. (Repealed)
513.07   Possessing or using harmful intoxicants.
513.073   Improperly dispensing or distributing nitrous oxide.
513.076   Possessing nitrous oxide in motor vehicles.
513.08   Illegal dispensing of drug samples.
513.09   Controlled substance or prescription labels.
513.10   Hypodermic possession, display and dispensing.
513.11   Trafficking in harmful intoxicants. (Repealed)
513.12   Sale of marihuana paraphernalia to juveniles. (Repealed)
513.13   Counterfeit controlled substances.
513.14   Pseudoephedrine sales.
513.15   Prohibition on the use, possession, and sale of synthetic cannabinoids and other synthetic drugs.
513.16   Sale of pure caffeine product.
513.17   Sale of dextromethorphan.
513.18   Adult use cannabis control; limitations on conduct by individuals.
513.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Federal prosecution bar to local prosecution - see Ohio R.C. 2925.70, 3719.19
   Analysis report and notarized statement as evidence - see Ohio R.C. 2925.51
   Criteria for granting probation - see Ohio R.C. 3719.70(B)
   Drug Law Enforcement Fund - see ADM. 133.25
   Drug testing policy - see ADM. 155.13
   Adulterating food with drug of abuse - see GEN. OFF. 537.13
   Using weapons while under the influence - see GEN. OFF. 549.03
   Items designed or marketed for use with marihuana or other controlled substances - see BUS. REG. Ch. 765
513.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words, terms and phrases and their derivatives used in this chapter which are not defined in this section shall have the meanings given to them in the Ohio Revised Code.
   (a)   “Administer.” Has the same meaning as in R.C. § 3719.01.
   (b)   “Adulterate.” To cause a drug to be adulterated as described in R.C. § 3715.63.
   (c)   “Alcohol and drug addiction services.” Has the same meaning as in R.C. § 5119.01.
   (d)   “Bulk amount.” Of a controlled substance, means any of the following:
      (1)   For any compound, mixture, preparation, or substance included in Schedule I, Schedule II, or Schedule III, with the exception of any controlled substance analog, marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, and hashish and except as provided in division (2), (5), or (6) of this definition, whichever of the following is applicable:
         A.   An amount equal to or exceeding ten grams or 25 unit doses of a compound, mixture, preparation or substance that is or contains any amount of a Schedule I opiate or opium derivative;
         B.   An amount equal to or exceeding ten grams of a compound, mixture, preparation or substance that is or contains any amount of raw or gum opium;
         C.   An amount equal to or exceeding 30 grams or ten unit doses of a compound, mixture, preparation or substance that is or contains any amount of a Schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a Schedule I stimulant or depressant;
         D.   An amount equal to or exceeding 20 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 that is or contains any amount of a Schedule II opiate or opium derivative;
         E.   An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation or substance that is or contains any amount of phencyclidine;
         F.   An amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II stimulant that is in a final dosage form manufactured by a person authorized by the Federal Food, Drug and Cosmetic Act (21 U.S.C. §§ 301 et seq., as amended) and the federal drug abuse control laws, as defined in this section, that is or contains any amount of a Schedule II depressant substance or a Schedule II hallucinogenic substance;
         G.   An amount equal to or exceeding three grams of a compound, mixture, preparation, or substance that is or contains any amount of a Schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug and Cosmetic Act (21 U.S.C. §§ 301 et seq., as amended) and the federal drug abuse control laws;
      (2)   An amount equal to or exceeding 120 grams or 30 times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III or IV substance other than an anabolic steroid or a Schedule III opiate or opium derivative;
      (3)   An amount equal to or exceeding 20 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 that is or contains any amount of a Schedule III opiate or opium derivative;
      (4)   An amount equal to or exceeding 250 milliliters or 250 grams of a compound, mixture, preparation or substance that is or contains any amount of a Schedule V substance;
      (5)   An amount equal to or exceeding 200 solid dosage units, 16 grams, or 16 milliliters of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III anabolic steroid;
      (6)   For any compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and any other compound, mixture, preparation, or substance included in Schedule III, Schedule IV, or Schedule V, if the defendant is charged with a violation of R.C. § 2925.11 and the sentencing provisions set forth in R.C. § 2925.11(C)(10)(b) and (C)(11) will not apply regarding the defendant and the violation, the bulk amount of the controlled substance for purposes of the violation is the amount specified in division (1), (2), (3), (4), or (5) of this definition for the other Schedule III, Schedule IV, or Schedule V controlled substance that is combined with the fentanyl-related compound.
   (e)   “Certified grievance committee.” A duly constituted and organized committee of the Ohio State Bar Association or of one or more local bar associations of the state that complies with the criteria set forth in Rule V, Section 6 of the Rules for the Government of the Bar of Ohio.
   (f)   “Cocaine.” Any of the following:
      (1)   A cocaine salt, isomer or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine.
      (2)   Coca leaves or a salt, compound, derivative or preparation of coca leaves, including ecgonine, a salt, isomer or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine.
      (3)   A salt, compound, derivative or preparation of a substance identified in division (1) or (2) of this definition that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves if the extractions do not contain cocaine or ecgonine.
   (g)   “Committed in the vicinity of a juvenile.” An offense is “committed in the vicinity of a juvenile” if the offender commits the offense within 100 feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within 100 feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.
   (h)   “Committed in the vicinity of a school.” An offense is “committed in the vicinity of a school” if the offender commits the offense on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within 1,000 feet of the boundaries of any school premises.
   (i)   “Committed in the vicinity of a substance addiction services provider or a recovering addict.” An offense is “committed in the vicinity of a substance addiction services provider or a recovering addict” if either of the following apply:
      (1)   The offender commits the offense on the premises of a substance addiction services provider’s facility, including a facility licensed prior to June 29, 2019, under R.C. § 5119.391 to provide methadone treatment or an opioid treatment program licensed on or after that date under R.C. § 5119.37, or within 500 feet of the premises of a substance addiction services provider’s facility and the offender knows or should know that the offense is being committed within the vicinity of the substance addiction services provider’s facility.
      (2)   The offender sells, offers to sell, delivers, or distributes the controlled substance or controlled substance analog to a person who is receiving treatment at the time of the commission of the offense, or received treatment within 30 days prior to the commission of the offense, from a substance addiction services provider and the offender knows that the person is receiving or received that treatment.
   (j)   “Controlled substance.” Has the same meaning as in R.C. § 3719.01.
   (k)   “Controlled substance analog.” Has the same meaning as in R.C. § 3719.01.
   (l)   “Counterfeit controlled substance.” 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 the 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.
   (m)   “Cultivate.” Includes planting, watering, fertilizing or tilling.
   (n)   “Dangerous drug.” Has the same meaning as in R.C. § 4729.01.
   (o)   “Deception.” Has the same meaning as in R.C. § 2913.01.
   (p)   “Disciplinary counsel.” The disciplinary counsel appointed by the Board of Commissioners on Grievances and Discipline of the Ohio Supreme Court under the Rules for the Government of the Bar of Ohio.
   (q)   “Dispense.” Has the same meaning as in R.C. § 3719.01.
   (r)   “Distribute.” Has the same meaning as in R.C. § 3719.01.
   (s)   “Drug.” Has the same meaning as in R.C. § 4729.01.
   (t)   “Drug abuse offense.” Any of the following:
      (1)   A violation of R.C. § 2913.02(A) that constitutes theft of drugs, or any violation of R.C. § 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36 or 2925.37.
      (2)   A violation of an existing or former law of any municipality, state or of the United States, that is substantially equivalent to any section listed in division (1) of this definition.
      (3)   An offense under an existing or former law of any municipality, state or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using or otherwise dealing with a controlled substance is an element.
      (4)   A conspiracy to commit, attempt to commit, or complicity in committing or attempting to commit, any offense under division (1), (2) or (3) of this definition.
   (u)   “Drug of abuse.” Has the same meaning as in R.C. § 3719.011.
   (v)   “Felony drug abuse offense.” Any drug abuse offense that would constitute a felony under the laws of this state, any other state or the United States.
   (w)   “Fentanyl-related compound.” Any of the following:
      (1)   Fentanyl;
      (2)   Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
      (3)   Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]- N-phenylpropanamide);
      (4)   Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);
      (5)   Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2- phenethyl)-3-methyl-4-piperidinyl]-phenylpropanamide);
      (6)   3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- phenylpropanamide);
      (7)   3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]- phenylpropanamide);
      (8)   Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)- 4-piperidinyl]propanamide;
      (9)   Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
      (10)   Alfentanil;
      (11)   Carfentanil;
      (12)   Remifentanil;
      (13)   Sufentanil;
      (14)   Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]- N-phenylacetamide); and
      (15)   Any compound that meets all of the following fentanyl pharmacophore requirements to bind at the mu receptor, as identified by a report from an established forensic laboratory, including acetylfentanyl, furanylfentanyl, valerylfentanyl, butyrylfentanyl, isobutyrylfentanyl, 4-methoxybutyrylfentanyl, para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:
         A.   A chemical scaffold consisting of both of the following:
            1.   A five, six, or seven member ring structure containing a nitrogen, whether or not further substituted;
            2.   An attached nitrogen to the ring, whether or not that nitrogen is enclosed in a ring structure, including an attached aromatic ring or other lipophilic group to that nitrogen.
         B.   A polar functional group attached to the chemical scaffold, including but not limited to a hydroxyl, ketone, amide, or ester;
         C.   An alkyl or aryl substitution off the ring nitrogen of the chemical scaffold; and
         D.   The compound has not been approved for medical use by the United States food and drug administration.
   (x)   “Harmful intoxicant.” Does not include beer or intoxicating liquor, but means any of the following:
      (1)   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 but is not limited to any of the following:
         A.   Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline or other preparation containing a volatile organic solvent.
         B.   Any aerosol propellant.
         C.   Any fluorocarbon refrigerant.
         D.   Any anesthetic gas.
      (2)   Gamma Butyrolactone;
      (3)   1,4 Butanediol.
   (y)   “Hashish.”
      (1)   A resin or a preparation of a resin to which both of the following apply:
         A.   It is contained in or derived from any part of the plant of the genus cannabis, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.
         B.   It has a delta-9 tetrahydrocannabinol concentration of more than 0.3%.
      (2)   The term does not include a hemp byproduct in the possession of a licensed hemp processor under R.C. Chapter 928, provided that the hemp byproduct is being produced, stored, and disposed of in accordance with rules adopted under R.C. § 928.03.
   (z)   “Hypodermic.” Has the same meaning as in R.C. § 3719.01.
   (aa)   “Juvenile.” A person under 18 years of age.
   (bb)   “Licensed health professional authorized to prescribe drugs.” Has the same meaning as in R.C. § 4729.01.
   (cc)   “L.S.D.” Lysergic acid diethylamide.
   (dd)   “Major drug offender.” Has the same meaning as in R.C. § 2929.01.
   (ee)   “Mandatory prison term.” Has the same meaning as in R.C. § 2929.01.
   (ff)   “Manufacture.” 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.
   (gg)   “Manufacturer.” Has the same meaning as in R.C. § 3719.01.
   (hh)   “Marihuana.” Has the same meaning as in R.C. § 3719.01, except that it does not include hashish.
   (ii)   “Methamphetamine.” Methamphetamine, any salt, isomer or salt of an isomer of methamphetamine, or any compound, mixture, preparation or substance containing methamphetamine or any salt, isomer or salt of an isomer of methamphetamine.
   (jj)   “Minor drug possession offense.” Either of the following:
      (1)   A violation of R.C. § 2925.11, as it existed prior to July 1, 1996, or a substantially equivalent municipal ordinance.
      (2)   A violation of R.C. § 2925.11, as it exists on and after July 1, 1996, or a substantially equivalent municipal ordinance, that is a misdemeanor or a felony of the fifth degree.
   (kk)   “Official written order.” Has the same meaning as in R.C. § 3719.01.
   (ll)   “Person.” Has the same meaning as in R.C. § 3719.01.
   (mm)   “Person with a drug dependence.” Has the same meaning as in R.C. § 3719.011.
   (nn)   “Pharmacist.” Has the same meaning as in R.C. § 3719.01.
   (oo)   “Pharmacy.” Has the same meaning as in R.C. § 3719.01.
   (pp)   “Possess” or “possession.” 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.
   (qq)   “Premises of a substance addiction services provider's facility.” Means the parcel of real property on which any substance addiction service provider’s facility is situated.
   (rr)   “Prescription.” Has the same meaning as in R.C. § 4729.01.
   (ss)   “Presumption for a prison term” or “presumption that a prison term shall be imposed.” A presumption as described in R.C. § 2929.13(D) that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under R.C. § 2929.11.
   (tt)   “Professional license.” Any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate or temporary registration that is described in R.C. § 2925.01(W)(1) to (W)(37) and that qualifies a person as a professionally licensed person.
   (uu)   “Professionally licensed person.” Any of the following:
      (1)   A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public accountant under R.C. Chapter 4701 and who holds an Ohio permit issued under that chapter;
      (2)   A person who holds a certificate of qualification to practice architecture issued or renewed and registered under R.C. Chapter 4703;
      (3)   A person who is registered as a landscape architect under R.C. Chapter 4703 or who holds a permit as a landscape architect issued under that chapter;
      (4)   A person licensed under R.C. Chapter 4707;
      (5)   A person who has been issued a certificate of registration as a registered barber under R.C. Chapter 4709;
      (6)   A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of R.C. Chapter 4710;
      (7)   A person who has been issued a cosmetologist’s license, hair designer’s license, manicurist’s license, esthetician’s license, natural hair stylist’s license, advanced cosmetologist’s license, advanced hair designer’s license, advanced manicurist’s license, advanced esthetician’s license, advanced natural hair stylist’s license, cosmetology instructor’s license, hair design instructor’s license, manicurist instructor’s license, esthetics instructor’s license, natural hair style instructor’s license, independent contractor’s license, or tanning facility permit under R.C. Chapter 4713;
      (8)   A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious sedation permit, a limited resident’s license, a limited teaching license, a dental hygienist’s license or a dental hygienist’s teacher’s certificate under R.C. Chapter 4715;
      (9)   A person who has been issued an embalmer’s license, a funeral director’s license, a funeral home license or a crematory license, or who has been registered for an embalmer’s or funeral director’s apprenticeship under R.C. Chapter 4717;
      (10)   A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under R.C. Chapter 4723;
      (11)   A person who has been licensed to practice optometry or to engage in optical dispensing under R.C. Chapter 4725;
      (12)   A person licensed to act as a pawnbroker under R.C. Chapter 4727;
      (13)   A person licensed to act as a precious metals dealer under R.C. Chapter 4728;
      (14)   A person licensed under R.C. Chapter 4729 as a pharmacist or pharmacy intern or registered under that chapter as a registered pharmacy technician, certified pharmacy technician, or pharmacy technician trainee;
      (15)   A person licensed under R.C. Chapter 4729 as a manufacturer of dangerous drugs, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, wholesale distributor of dangerous drugs, or terminal distributor of dangerous drugs;
      (16)   A person who is authorized to practice as a physician assistant under R.C. Chapter 4730;
      (17)   A person who has been issued a license to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery under R.C. Chapter 4731 or has been issued a certificate to practice a limited branch of medicine under that chapter;
      (18)   A person licensed as a psychologist, independent school psychologist, or school psychologist under R.C. Chapter 4732;
      (19)   A person registered to practice the profession of engineering or surveying under R.C. Chapter 4733;
      (20)   A person who has been issued a license to practice chiropractic under R.C. Chapter 4734;
      (21)   A person licensed to act as a real estate broker or real estate salesperson under R.C. Chapter 4735;
      (22)   A person registered as a registered environmental health specialist under R.C. Chapter 3776;
      (23)   A person licensed to operate or maintain a junkyard under R.C. Chapter 4737;
      (24)   A person who has been issued a motor vehicle salvage dealer’s license under R.C. Chapter 4738;
      (25)   A person who has been licensed to act as a steam engineer under R.C. Chapter 4739;
      (26)   A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under R.C. Chapter 4741;
      (27)   A person who has been issued a hearing aid dealer’s or fitter’s license or trainee permit under R.C. Chapter 4747;
      (28)   A person who has been issued a class A, class B or class C license or who has been registered as an investigator or security guard employee under R.C. Chapter 4749;
      (29)   A person licensed to practice as a nursing home administrator under R.C. Chapter 4751;
      (30)   A person licensed to practice as a speech-language pathologist or audiologist under R.C. Chapter 4753;
      (31)   A person issued a license as an occupational therapist or physical therapist under R.C. Chapter 4755;
      (32)   A person who is licensed as a licensed professional clinical counselor, licensed professional counselor, social worker, independent social worker, independent marriage and family therapist, or marriage and family therapist, or registered as a social work assistant under R.C. Chapter 4757;
      (33)   A person issued a license to practice dietetics under R.C. Chapter 4759;
      (34)   A person who has been issued a license or limited permit to practice respiratory therapy under R.C. Chapter 4761;
      (35)   A person who has been issued a real estate appraiser certificate under R.C. Chapter 4763;
      (36)   A person who has been issued a home inspector license under R.C. Chapter 4764;
      (37)   A person who has been admitted to the bar by order of the Ohio Supreme Court in compliance with its prescribed and published rules.
   (vv)   “Public premises.” Any hotel, restaurant, tavern, store, arena, hall or other place of public accommodation, business, amusement or resort.
   (ww)   “Sale.” Has the same meaning as in R.C. § 3719.01.
   (xx)   “Sample drug.” A drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
   (yy)   “Schedule I”, “Schedule II”, “Schedule III”, “Schedule IV” or “Schedule V.” Have the same meaning as in R.C. § 3719.01.
   (zz)   “School.” Any school operated by a board of education, any community school established under R.C. Chapter 3314, or any nonpublic school for which the Director of Education and Workforce prescribes minimum standards under R.C. § 3301.07, whether or not any instruction, extracurricular activities or training provided by the school is being conducted at the time a criminal offense is committed.
   (aaa)   “School building.” Any building in which any of the instruction, extracurricular activities or training provided by a school is conducted, whether or not any instruction, extracurricular activities or training provided by the school is being conducted in the school building at the time a criminal offense is committed.
   (bbb)   “School premises.” Either of the following:
      (1)   The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed.
      (2)   Any other parcel of real property that is owned or leased by a board of education of a school, the governing authority of a community school established under R.C. Chapter 3314, or the governing body of a nonpublic school for which the Director of Education and Workforce prescribes minimum standards under R.C. § 3301.07 and on which some of the instruction, extracurricular activities or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed.
   (ccc)   “Standard Pharmaceutical Reference Manual.” The current edition, with cumulative changes if any, of references that are approved by the State Board of Pharmacy.
   (ddd)   “Substance addiction services provider.” Means an agency, association, corporation or other legal entity, individual, or program that provides one or more of the following at a facility:
      (1)   Either alcohol addiction services, or drug addiction services, or both such services that are certified by the Ohio Director of Mental Health and Addiction Services under R.C. § 5119.36;
      (2)   Recovery supports that are related to either alcohol addiction services, or drug addiction services, or both such services and paid for with federal, state, or local funds administered by the Ohio Department of Mental Health and Addiction Services or a board of alcohol, drug addiction, and mental health services.
   (eee)   “Unit dose.” An amount or unit or a compound, mixture or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
   (fff)   “Wholesaler.” Has the same meaning as in R.C. § 3719.01.
(R.C. § 2925.01)
513.02 TRAFFICKING IN CONTROLLED SUBSTANCES; GIFT OF MARIHUANA.
   (a)   No person shall knowingly do any of the following:
      (1)   Sell or offer to sell a controlled substance or a controlled substance analog;
      (2)   Prepare for shipment, ship, transport, deliver, prepare for distribution or distribute a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog, is intended for sale or resale by the offender or another person.
   (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 Ohio 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” (21 U.S.C. 301 et seq., as amended), and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that Act.
   (c)   Whoever violates division (a) of this section is guilty of the following:
      (1)   Except as otherwise provided in divisions (c)(2) and (c)(3) of this section, trafficking in controlled substances is a felony to be prosecuted under appropriate state law.
      (2)   Except as otherwise provided in this division, if the offense involves a gift of 20 grams or less of marihuana, trafficking in marihuana is a minor misdemeanor upon a first offense and a misdemeanor of the third degree upon a subsequent offense. If the offense involves a gift of 20 grams or less of marihuana and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree.
      (3)   If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and marihuana, one of the following applies:
         A.   Except as otherwise provided in division (c)(3)B. of this section, the offender is guilty of trafficking in marihuana and shall be punished under division (c)(2) of this section. The offender is not guilty of trafficking in a fentanyl-related compound and shall not be charged with, convicted of, or punished under R.C. § 2925.03(C)(9) for trafficking in a fentanyl-related compound.
         B.   If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of trafficking in a fentanyl-related compound and shall be punished under R.C. § 2925.03(C)(9).
   (d)   As used in this section, “drug” includes any substance that is represented to be a drug.
(R.C. § 2925.03(A) - (C), (I))
Statutory reference:
   Felony drug trafficking offenses, see Ohio R.C. 2925.03(C)
513.025 CULTIVATION OF MARIHUANA.
   (a)   No person shall knowingly cultivate marihuana.
   (b)   This section does not apply to any person listed in Ohio R.C. 2925.03(B)(1), (2) or (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))
513.03 DRUG POSSESSION OFFENSES; CONTROLLED SUBSTANCE POSSESSION OR USE.
   (a)   No person shall knowingly obtain, possess or use a controlled substance or a controlled substance analog.
2020 Replacement
63   Drug Abuse Control   513.03
   (b)   (1)   This section does not apply to any of the following:
         A.   Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731 and 4741.
         B.   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.
         C.   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.
         D.   Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs if the prescription was issued for a legitimate medical purpose and not altered, forged, or obtained through deception or commission of a theft offense. As used in this division (b)(1)D., “deception” and “theft offense” have the same meanings as in R.C. § 2913.01.
      (2)   A.   As used in division (b)(2) of this section:
            1.   “Community addiction services provider.” Has the same meaning as in Ohio R.C. 5119.01.
            2.   “Community control sanction.” Has the same meanings as in Ohio R.C. 2929.01
            3.   “Health care facility.” Has the same meaning as in Ohio R.C. 2919.16.
            4.   “Minor drug possession offense.” A violation of this section or Ohio R.C. 2925.11 that is a misdemeanor or a felony of the fifth degree.
            5.   “Peace officer.” Has the same meaning as in Ohio R.C. 2935.01.
            6.   “Post-release control sanction.” Has the same meaning as in Ohio R.C. 2967.28.
            7.   “Public agency.” Has the same meaning as in Ohio R.C. 2930.01.
            8.   “Qualified individual.” A person who is acting in good faith who seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person who experiences a drug overdose and who seeks medical assistance for that overdose, or a person who is the subject of another person seeking or obtaining medical assistance for that overdose as described in division (b)(2)B. of this section.
            9.   “Seek or obtain medical assistance.” Includes, but is not limited to making a 9-1-1 call, contacting in person or by telephone call an on-duty peace officer, or transporting or presenting a person to a health care facility.
         B.   Subject to division (b)(2)E. of this section, a qualified individual shall not be arrested, charged, prosecuted, convicted, or penalized pursuant to this chapter for a minor drug possession offense or a violation of R.C. § 2925.12, R.C. § 2925.14(C)(1), or R.C. § 2925.141 if all of the following apply:
            1.   The evidence of the obtaining, possession, or use of the controlled substance or controlled substance analog, drug abuse instruments, or drug paraphernalia that would be the basis of the offense was obtained as a result of the qualified individual seeking the medical assistance or experiencing an overdose and needing medical assistance.
            2.   Subject to division (b)(2)F. of this section, within 30 days after seeking or obtaining the medical assistance, the qualified individual seeks and obtains a screening and receives a referral for treatment from a community addiction services provider or a properly credentialed addiction treatment professional.
            3.   Subject to division (b)(2)F. of this section, the qualified individual who obtains a screening and receives a referral for treatment under division (b)(2)B.2. of this section, upon the request of any prosecuting attorney, submits documentation to the prosecuting attorney that verifies that the qualified individual satisfied the requirements of that division. The documentation shall be limited to the date and time of the screening obtained and referral received.
         C.   If a person who is serving a community control sanction or is under a sanction on post-release control acts pursuant to division (b)(2)B. of this section, then R.C. § 2929.141(B), R.C. § 2929.15(B)(2), R.C. § 2929.25(D)(3), or R.C. § 2967.28(F)(3) applies to the person with respect to any violation of the sanction or post-release control sanction based on a minor drug possession offense, as defined in R.C. § 2925.11, or a violation of R.C. § 2925.12, R.C. § 2925.14(C)(1), or R.C. § 2925.141.
         D.   Nothing in division (b)(2)B. of this section shall be construed to do any of the following:
            1.   Limit the admissibility of any evidence in connection with the investigation or prosecution of a crime with regards to a defendant who does not qualify for the protections of division (b)(2)B. of this section or with regards to any crime other than a minor drug possession offense or a violation of R.C. § 2925.12, R.C. § 2925.14(C)(1), or R.C. § 2925.141 committed by a person who qualifies for protection pursuant to division (b)(2)B. of this section;
            2.   Limit any seizure of evidence or contraband otherwise permitted by law;
            3.   Limit or abridge the authority of a peace officer to detain or take into custody a person in the course of an investigation or to effectuate an arrest for any offense except as provided in that division;
            4.   Limit, modify, or remove any immunity from liability available pursuant to law in effect prior to September 13, 2016 to any public agency or to an employee of any public agency.
         E.   Division (b)(2)B. of this section does not apply to any person who twice previously has been granted an immunity under division (b)(2)B. of this section. No person shall be granted an immunity under division (b)(2)B. of this section more than two times.
         F.   Nothing in this section shall compel any qualified individual to disclose protected health information in a way that conflicts with the requirements of the “Health Insurance Portability and Accountability Act of 1996”, 104 Pub. L. No. 191, 110 Stat. 2021, 42 U.S.C. §§ 1320d et seq., as amended, and regulations promulgated by the United States Department of Health and Human Services to implement the act or the requirements of 42 C.F.R. Part 2.
   (c)   Whoever violates division (a) of this section is guilty of one of the following:
      (1)   If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule I or Schedule II, with the exception of marihuana or hashish, whoever violates division (a) of this section is guilty of a felony to be prosecuted under appropriate state law.
      (2)   If the drug involved in the violation is a compound, mixture, preparation, or substance included in Schedule III, Schedule IV, or Schedule V, whoever violates division (a) of this section is guilty of possession of drugs. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in division (c)(2)B. of this section, possession of drugs is a misdemeanor of the first degree or, if the offender previously has been convicted of a drug abuse offense, a felony to be prosecuted under appropriate state law.
         B.   If the amount of the drug involved equals or exceeds the bulk amount, possession of drugs is a felony to be prosecuted under appropriate state law.
      (3)   If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (a) of this section is guilty of possession of marihuana. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in division (c)(3)B. or (c)(3)C. of this section, possession of marihuana is a minor misdemeanor.
         B.   If the amount of the drug involved equals or exceeds 100 grams but is less than 200 grams, possession of marihuana is a misdemeanor of the fourth degree.
         C.   If the amount of the drug involved equals or exceeds 200 grams, possession of marihuana is a felony to be prosecuted under appropriate state law.
      (4)   If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates division (a) of this section is guilty of possession of hashish. The penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in division (c)(4)B. or (c)(4)C. of this section, possession of hashish is a minor misdemeanor.
         B.   If the amount of the drug involved equals or exceeds five grams but is less than ten grams of hashish in a solid form or equals or exceeds one gram but is less than two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree.
         C.   If the amount of the drug involved equals or exceeds ten grams of hashish in a solid form or equals or exceeds two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a felony to be prosecuted under appropriate state law.
      (5)   If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and marihuana, one of the following applies:
         A.   Except as otherwise provided in division (c)(5)B. of this section, the offender is guilty of possession of marihuana and shall be punished as provided in division (c)(3) of this section. Except as otherwise provided in division (c)(5)B. of this section, the offender is not guilty of possession of a fentanyl-related compound under R.C. § 2925.11(C)(11) and shall not be charged with, convicted of, or punished under R.C. § 2925.11(C)(11) for possession of a fentanyl-related compound.
         B.   If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of possession of a fentanyl-related compound and shall be punished under R.C. § 2925.11(C)(11).
      (6)   If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and any Schedule III, Schedule IV, or Schedule V controlled substance that is not a fentanyl-related compound, one of the following applies:
         A.   Except as otherwise provided in division (c)(6)B. of this section, the offender is guilty of possession of drugs and shall be punished as provided in division (c)(2) of this section. Except as otherwise provided in division (c)(6)B. of this section, the offender is not guilty of possession of a fentanyl-related compound under R.C. § 2925.11(C)(11) and shall not be charged with, convicted of, or punished under R.C. § 2925.11(C)(11) for possession of a fentanyl-related compound.
         B.   If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of possession of a fentanyl-related compound and shall be punished under R.C. § 2925.11(C)(11).
   (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.
   (e)   (1)   In addition to any prison term or jail term authorized or required by division (c) of this section and R.C. § 2929.13, 2929.14, 2929.22, 2929.24, and 2929.25, or any substantially equivalent municipal ordinance, and in addition to any other sanction that is imposed for the offense under this section or R.C. § 2929.11 through 2929.18, or R.C. § 2929.21 to 2929.28, or any substantially equivalent municipal ordinance, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (a) of this section may suspend the offender’s driver’s or commercial driver’s license or permit for not more than five years. 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.
      (2)   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.
   (f)   (1)   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.
      (2)   Upon the filing of a motion under division (f) of this section, the sentencing court, in its discretion, may terminate the suspension.
         (R.C. § 2925.11)
Statutory reference:
   Felony drug possession offenses, see R.C. § 2925.11(C)
513.04 POSSESSING DRUG ABUSE INSTRUMENTS.
   (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 Ohio 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 Ohio 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 Ohio 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 Ohio 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.
(ORC 2925.12)
513.05 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, 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))
513.06 DECEPTION TO OBTAIN DANGEROUS DRUGS. (REPEALED)
   (EDITOR'S NOTE: Section 513.06 was repealed as part of the 1992 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2925.22) was made a felony by the Ohio General Assembly by Am. Sub. H.B. No. 615, effective March 27, 1991.)
513.07 POSSESSING OR USING HARMFUL INTOXICANTS.
   (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 Ohio 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 Ohio 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 Ohio 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.
(ORC 2925.31; Ord. 89-12. Passed 5-16-89.)
513.073 IMPROPERLY DISPENSING OR DISTRIBUTING NITROUS OXIDE.
   (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.
      (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, Ohio R.C. Chapters 2925, 3719, or 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.
(ORC 2925.32(B)(4), (D)(2), (F), (G))
Statutory reference:
   Trafficking in harmful intoxicants, felony offenses, see Ohio R.C. 2925.32
513.076 POSSESSING NITROUS OXIDE IN MOTOR VEHICLES.
   (a)   As used in this section, “motor vehicle,” “street,” and “highway” have the same meaning as in Ohio 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.
      (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.
(ORC 2925.33)
513.08 ILLEGAL DISPENSING OF DRUG SAMPLES.
   (a)   No person shall knowingly furnish a sample drug to another person.
   (b)   Division (a) of this section does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, licensed health professionals authorized to prescribe drugs, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4725, 4729, 4730, 4731, and 4741.
   (c)   (1)   Whoever violates this section is guilty of illegal dispensing of drug samples.
      (2)   If the drug involved in the offense is a compound, mixture, preparation, or substance included in Schedule I or Schedule II, with the exception of marihuana, illegal dispensing of drug samples is a felony to be prosecuted under appropriate state law.
      (3)   If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation, or substance included in Schedule III, Schedule IV or Schedule V, or is marihuana, the penalty for the offense shall be determined as follows:
         A.   Except as otherwise provided in the following division, illegal dispensing of drug samples is a misdemeanor of the second degree.
         B.   If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree.
(R.C. § 2925.36(A) - (C); Ord. 89-12. Passed 5-16-89.)
Statutory reference:
   Felony offenses, see R.C. § 2925.36(C)(2)
513.09 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS.
   (a)   Whenever a manufacturer sells a controlled substance, and whenever a wholesaler, repackager, or outsourcing facility sells a controlled substance in a package the wholesaler, repackager, or outsourcing facility has prepared, the manufacturer or the wholesaler, repackager, or outsourcing facility, as the case may be, shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription shall alter, deface, or remove any label so affixed. As used in this division, “repackager” and “outsourcing facility” have the same meanings as in R.C. § 4729.01.
   (b)   No person shall alter, deface or remove any label affixed pursuant to Ohio R.C. 3719.08 as long as any of the original contents remain.
(R.C. § 3719.08(A), (E))
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of this section, or Ohio R.C. 3719.07 or 3719.08, or a drug abuse offense, a violation of this section is a felony to be prosecuted under appropriate State law. If the violation involves the sale, offer to sell, or possession of a Schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, then Ohio R.C. 3719.99(D) applies.
(R.C. § 3719.99(C))
513.10 HYPODERMIC POSSESSION, DISPLAY AND DISPENSING.
   (a)   Possession of a hypodermic is authorized for the following:
      (1)   A manufacturer or distributor of, or dealer in hypodermics, or medication packaged in hypodermics, and any authorized agent of employee of that manufacturer, distributor or dealer, in the regular course of business;
      (2)   A terminal distributor of dangerous drugs, in the regular course of business;
      (3)   A person authorized to administer injections, in the regular course of the person’s profession or employment;
      (4)   A person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs;
      (5)   A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;
      (6)   A farmer, for the lawful administration of a drug to an animal;
      (7)   A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
   (b)   No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person’s possession from theft or acquisition by any unauthorized person.
(ORC 3719.172(A), (B); Adopting Ordinance)
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 89-12. Passed 5-16-89.)
Statutory reference:
   Felony offenses, see Ohio R.C. 3719.172(C), (D)
513.11 TRAFFICKING IN HARMFUL INTOXICANTS. (REPEALED)
   (EDITOR'S NOTE: Section 513.11 was repealed as part of the 1998 updating and revision of these Codified Ordinances because a violation of substantially equivalent State law (Ohio R.C. 2925.32) was made a felony by the Ohio General Assembly by H.B. 162, effective January 1, 1997.)
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