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Editor’s note:
Section 624.15 was repealed. See § 624.16.
(a) Drug paraphernalia defined. As used in this section, DRUG PARAPHERNALIA is defined as follows:
(1) DRUG PARAPHERNALIA means 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 any of the provisions of this chapter. 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; and
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; and
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 city, state or Federal law relating to any controlled substance;
C. The proximity of the object, in time and space, to a direct violation of any of the provisions of this chapter;
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 or she knows, or should reasonably know, intend to use the object to facilitate a violation of any of the provisions of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of any of the provisions of this chapter shall not prevent a finding that the object is intended or 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(s) to the total sales of the business enterprise;
L. The existence and scope of legitimate uses for the object in the community; and
M. Expert testimony concerning its use.
(b) Violations.
(1) No person shall use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare; test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance in violation of any of the provisions of this chapter.
(2) No person shall deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance in violation of any of the provisions of this chapter.
(3) No person shall place in any newspaper, magazine, handbill or other publication, any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(4) Any person eighteen years of age or over who violates paragraph (b)(2) hereof by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his or her junior is guilty of a special offense.
(5) This section does not apply to 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, 4731 and 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by § 624.09.
(6) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(7) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(8) Whoever violates any of the provisions of paragraph (b)(1), (2) or (3) hereof is guilty of a misdemeanor of the second degree. If the offender has previously been convicted of a violation of paragraph (b)(1), (2) or (3) hereof, any subsequent violation of the same paragraph is a misdemeanor of the first degree. Whoever violates any of the provisions of paragraph (b)(4) hereof is guilty of a misdemeanor of the first degree. The penalty shall be as provided in § 698.02.
(c) Illegal use or possession of marihuana drug paraphernalia.
(1) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
(2) This section does not apply to 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, 4731 and 4741. This subsection shall not be construed to prohibit the possession or use of a hypodermic as authorized by § 624.09.
(3) Subsection (b)(6) of this section applies with respect to any drug paraphernalia that was used or possessed in violation of this subsection.
(4) Whoever violates division (c)(1) of this subsection is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
(5) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender's driver's or commercial driver's license or permit. 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.
(Ord. 18-2014, passed 3-25-2014)
(a) No person shall knowingly possess any counterfeit controlled substance.
(b) Whoever violates division (a) of this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(R.C. § 2925.37(A), (G))
Statutory reference:
Trafficking, other felony counterfeit controlled substance offenses, see R.C. § 2925.37(H) - (M)
(a) No person, while in a public place and with purpose to commit or aid in the commission of a drug abuse offense, shall do any of the following:
(1) Repeatedly beckon to stop, attempt to stop, or engage passers-by in conversation;
(2) Repeatedly stop or attempt to stop motor vehicles;
(3) Repeatedly interfere with the free passage of pedestrians or motor vehicles;
(4) Direct a pedestrian or motor vehicle operator or passenger to a location where a controlled substance can be obtained unlawfully; or
(5) Inform a pedestrian or motor vehicle operator or passenger where a controlled substance can be obtained unlawfully.
(c) For purposes of this section, the term
PUBLIC PLACE means an area of property, either publicly owned or to which the public has access, and includes, but is not limited to, streets, alleys, sidewalks, rights-of-way, bridges, plazas, parks, driveways, parking lots, transportation facilities, or other places open to the public, the doorways, entrances, porches, passageways and roofs to any building which fronts on any of the aforesaid places, or motor vehicles in or upon such places.
(d) In determining the purpose of an offender under this section, the Court shall consider all relevant surrounding circumstances, which may include, but are not limited to, the following factors, in addition to the overt acts set forth in division (a) hereof:
(1) That the person has been convicted to and found delinquent for a drug abuse offense within the three years preceding the arrest.
(2) That the person is loitering and directing pedestrians or motorists, through words, hailing, waiving of arms, pointing, signaling or other bodily gestures, to a person or premises where controlled substances are possessed or sold.
(3) That the person is loitering and has an electronic device, walkie-talkie, or beeper within 100 yards of a person or premises where controlled substances are possessed or sold.
(4) Any statement by the offender.
(e) No arrest shall be made for a violation of this section until the arresting officer first requests and affords such person an opportunity to explain such conduct, and no person shall be convicted upon trial if it appears that the explanation rendered is true, and considering the surrounding circumstances disclosed a lawful purpose.
(f) Whoever violates this section is guilty of loitering in aid of drug offenses, a misdemeanor of the fourth degree. If an offender has previously been convicted under this section, then upon second and subsequent offenses, whoever violates this section is guilty of a misdemeanor of the second degree.
(a) Unlawful purchases.
(1) As used in divisions (a), (b), (c) and (d) of this section:
A. CONSUMER PRODUCT. Any food or drink that is consumed or used by humans and any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
B. EPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of ephedrine, any of its salts, optical isomers, or salts of optical isomers.
C. EPHEDRINE PRODUCT. A consumer product that contains ephedrine.
D. PSEUDOEPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
E. PSEUDOEPHEDRINE PRODUCT. A consumer product that contains pseudoephedrine.
F. RETAILER. A place of business that offers consumer products for sale to the general public.
G. SINGLE-INGREDIENT PREPARATION. A compound, mixture, preparation, or substance that contains a single active ingredient.
H. TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS. Has the same meaning as in R.C. § 4729.01.
(2) A. 1. No individual shall knowingly purchase, receive, or otherwise acquire an amount of pseudoephedrine product or ephedrine product that is greater than either of the following unless the pseudoephedrine product or ephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741:
a. Three and six tenths grams within a period of a single day;
b. Nine grams within a period of 30 consecutive days.
2. The limits specified in divisions (a)(2)A.1.a. and (a)(2)A.1.b. of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The limits do not apply to the product’s overall weight.
(b) It is not a violation of division (b)(1) of this section for an individual to receive or accept more than an amount of pseudoephedrine product or ephedrine product specified in division (a)(2)A.1.a. or (a)(2)A.1.b. of this section if the individual is an employee of a retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(3) A. No individual under 18 years of age shall knowingly purchase, receive, or otherwise acquire a pseudoephedrine product, or ephedrine product unless the pseudoephedrine product or ephedrine product is dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs and the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741.
B. Division (a)(3)A. of this section does not apply to an individual under 18 years of age who purchases, receives, or otherwise acquires a pseudoephedrine product or ephedrine product from any of the following:
1. A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides the pseudoephedrine product or ephedrine product to that individual and whose conduct is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741;
2. A parent or guardian of that individual who provides the pseudoephedrine product or ephedrine product to the individual;
3. A person, as authorized by that individual’s parent or guardian, who dispenses, sells, or otherwise provides the pseudoephedrine product or ephedrine product to the individual;
4. A retailer or terminal distributor of dangerous drugs who provides the pseudoephedrine product or ephedrine product to that individual if the individual is an employee of the retailer or terminal distributor of dangerous drugs and the individual receives or accepts from the retailer or terminal distributor of dangerous drugs the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(4) No individual under 18 years of age shall knowingly show or give false information concerning the individual’s name, age, or other identification for the purpose of purchasing, receiving, or otherwise acquiring a pseudoephedrine product or ephedrine product.
(5) No individual shall knowingly fail to comply with the requirements of R.C. § 3715.051(B).
(6) Whoever violates division (a)(2)A. of this section is guilty of unlawful purchase of a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
(7) Whoever violates division (a)(3)A. of this section is guilty of underage purchase of a pseudoephedrine product or ephedrine product, a delinquent act that would be a misdemeanor of the fourth degree if it could be committed by an adult.
(8) Whoever violates division (a)(4) of this section is guilty of using false information to purchase a pseudoephedrine product or ephedrine product, a delinquent act that would be a misdemeanor of the first degree if it could be committed by an adult.
(9) Whoever violates division (a)(5) of this section is guilty of improper purchase of a pseudoephedrine product or ephedrine product, a misdemeanor of the fourth degree.
(ORC 2925.55)
(b) Unlawful Retail Sales.
(1) A. 1. Except as provided in division (b)(1)B. of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual an amount of pseudoephedrine product or ephedrine product that is greater than either of the following:
a. Three and six tenths grams within a period of a single day;
b. Nine grams within a period of 30 consecutive days.
2. The maximum amounts specified in divisions (b)(1)A.1.a. and (b)(1)A.1.b. of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The maximum amounts do not apply to the product’s overall weight.
B. 1. Division (b)(1)A. of this section does not apply to any quantity of pseudoephedrine product or ephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741.
2. It is not a violation of division (b)(1)A. of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than an amount of pseudoephedrine product or ephedrine product specified in division (b)(1)A.1.a. or (b)(1)A.1.b. of this section under either of the following circumstances:
a. The individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product;
b. A stop-sale alert is generated after the submission of information to the national precursor log exchange under the conditions described in R.C. § 3715.052(A)(2).
(2) A. Except as provided in division (b)(2)B. of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product or ephedrine product to an individual who is under 18 years of age.
B. Division (b)(2)A. of this section does not apply to any of the following:
1. A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under 18 years of age and whose conduct is in accordance with R.C. Chapter 3719, 4715, 4723, 4729, 4730, 4731, or 4741;
2. A parent or guardian of an individual under 18 years of age who provides a pseudoephedrine product or ephedrine product to the individual;
3. A person who, as authorized by the individual’s parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under 18 years of age;
4. The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product or ephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under 18 years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(3) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of R.C. § 3715.051(A) or R.C. § 3715.052(A)(2).
(4) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of R.C. § 3715.052(A)(1).
(5) Whoever violates division (b)(1)A. of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
(6) Whoever violates division (b)(2)A. of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product to a minor, a misdemeanor of the fourth degree.
(7) Whoever violates division (b)(3) of this section is guilty of improper sale of a pseudoephedrine product or ephedrine product, a misdemeanor of the second degree.
(8) Whoever violates division (b)(4) of this section is guilty of failing to submit information to the national precursor log exchange, a misdemeanor for which the offender shall be fined not more than 8$1,000 per violation.
(ORC 2925.56)
(c) Transaction Scans.
(1) As used in this division and division (d) of this section:
A. CARD HOLDER. Any person who presents a driver’s or commercial driver’s license or an identification card to a seller, or an agent or
employee of a seller, to purchase or receive any pseudoephedrine product or ephedrine product from the seller, agent or employee.
B. IDENTIFICATION CARD has the same meaning as in R.C. § 2927.021.
C. SELLER means a retailer or terminal distributor of dangerous drugs.
D. TRANSACTION SCAN means the process by which a seller or an agent or employee of a seller checks by means of a transaction scan device the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for purchasing or receiving any pseudoephedrine product or ephedrine product.
E. TRANSACTION SCAN DEVICE. Has the same meaning as in R.C. § 2927.021.
(2) A. A seller or an agent or employee of a seller may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder as a condition for selling, giving away, or otherwise distributing to the card holder a pseudoephedrine product or ephedrine product.
B. If the information deciphered by the transaction scan performed under division (c)(2)A. of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the seller nor any agent or employee of the seller shall sell, give away, or otherwise distribute any pseudoephedrine product or ephedrine product to the card holder.
C. Division (c)(2)A. of this section does not preclude a seller or an agent or employee of a seller as a condition for selling, giving away, or otherwise distributing a pseudoephedrine product or ephedrine product to the person presenting the document from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or an identification card if the document includes a bar code or magnetic strip that may be scanned by the device.
(3) Rules adopted by the Registrar of Motor Vehicles under Ohio R.C. 4301.61(C) apply to the use of transaction scan devices for purposes of this division (c) and division (d) of this section.
(4) A. No seller or agent or employee of a seller shall electronically or mechanically record or maintain any information derived from a transaction scan, except the following:
1. The name, address, and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by a card holder;
2. The expiration date, identification number, and issuing agency of the driver’s or commercial driver’s license or identification card presented by a card holder.
B. No seller or agent or employee of a seller shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (c)(4)A. of this section except for purposes of division (d) of this section, R.C. § 2925.58, or R.C. § 3715.052(A)(1).
C. No seller or agent or employee of a seller shall use a transaction scan device for a purpose other than the purpose specified in division (c)(2)A. of this section.
D. No seller or agent or employee of a seller shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including, but not limited to, selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by division (d) of this section or any other section of the Ohio Revised Code.
(5) Nothing in this division (c) or division (d) of this section relieves a seller or an agent or employee of a seller of any responsibility to comply with any other applicable state or federal laws or rules governing the sale, giving away, or other distribution of pseudoephedrine products or ephedrine products.
(6) Whoever violates division (c)(2)B. or (c)(4) of this section is guilty of engaging in an illegal pseudoephedrine product or ephedrine product transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(ORC 2925.57)
(d) Affirmative Defenses.
(1) A seller or an agent or employee of a seller may not be found guilty of a charge of a violation of division (b) of this section in which the age of the purchaser or other recipient of a pseudoephedrine product is an element of the alleged violation if the seller, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
A. A card holder attempting to purchase or receive a pseudoephedrine product presented a driver’s or commercial driver’s license or an identification card.
B. A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.
C. The pseudoephedrine product was sold, given away, or otherwise distributed to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(2) In determining whether a seller or an agent or employee of a seller has proven the affirmative defense provided by division (d)(1) of this section, the trier of fact in the action for the alleged violation of division (b) of this section shall consider any written policy that the seller has adopted and implemented and that is intended to prevent violations of division (b) of this section. For purposes of division (d)(1)C. of this section, the trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a seller or an agent or employee of a seller to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a seller or an agent or employee of a seller from exercising reasonable diligence to determine, the following:
A. Whether a person to whom the seller or agent or employee of a seller sells, gives away, or otherwise distributes a pseudoephedrine product is 18 years of age or older;
B. Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.
(3) In any criminal action in which the affirmative defense provided by division (d)(1) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under Ohio R.C. 4507.50 through 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the action.
(ORC 2925.58)
(e) Retailer’s Duties.
(1) As used in divisions (e) and (f) of this section:
A. CONSUMER PRODUCT. Any food or drink that is consumed or used by humans and
any drug, including a drug that may be provided legally only pursuant to a prescription, that is intended to be consumed or used by humans.
B. DRUG. Has the same meanings as in R.C. § 4729.01.
C. EPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of ephedrine, any of its salts, optical isomers, or salts of optical isomers.
D. EPHEDRINE PRODUCT. A consumer product that contains ephedrine.
E. LAW ENFORCEMENT OFFICIAL. An officer or employee of any agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, or an Indian tribe, who is empowered by the law to investigate or conduct an official inquiry into a potential violation of law or prosecute or otherwise conduct a criminal, civil, or administrative proceeding arising from an alleged violation of law.
F. LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS. Has the same meanings as in R.C. § 4729.01.
G. NATIONAL PRECURSOR LOG EXCHANGE or EXCHANGE. The electronic system for tracking sales of pseudoephedrine products and ephedrine products on a national basis that is administered by the National Association of Drug Diversion Investigators or a successor organization.
H. PHARMACIST. A person licensed under Chapter 4729 of the Revised Code to engage in the practice of pharmacy.
I. PHARMACY. Has the same meanings as in R.C. § 4729.01.
J. PRESCRIBER. Has the same meanings as in R.C. § 4729.01.
K. PRESCRIPTION. Has the same meanings as in R.C. § 4729.01.
L. PROOF OF AGE. A driver’s license, a commercial driver’s license, a military identification card, a passport, or an identification card issued under R.C. §§ 4507.50 to 4507.52 that shows a person is 18 years of age or older.
M. PSEUDOEPHEDRINE. Any material, compound, mixture, or preparation that contains any quantity of pseudoephedrine, any of its salts, optical isomers, or salts of optical isomers.
N. PSEUDOEPHEDRINE PRODUCT. A consumer product that contains pseudoephedrine.
O. RETAILER. A place of business that offers consumer products for sale to the general public.
P. SINGLE-INGREDIENT PREPARATION. A compound, mixture, preparation, or substance that contains a single active ingredient.
Q. STOP-SALE ALERT. A notification sent from the national precursor log exchange to a retailer or terminal distributor of dangerous drugs indicating that the completion of a sale of a pseudoephedrine product or ephedrine product would result in a violation of R.C. § 2925.56(A)(1) or federal law.
R. TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS. Has the same meanings as in R.C. § 4729.01.
S. WHOLESALER. Has the same meaning as in R.C. § 3719.01.
(2) A retailer or terminal distributor of dangerous drugs that sells, offers to sell, holds for sale, delivers, or otherwise provides a pseudoephedrine product or ephedrine product to the public shall do all of the following:
A. Segregate pseudoephedrine products or ephedrine products from other merchandise so that no member of the public may procure or purchase such products without the direct assistance of a pharmacist or other authorized employee of the retailer or terminal distributor of dangerous drugs;
B. With regard to each time a pseudoephedrine product or ephedrine product is sold or otherwise provided without a valid prescription:
1. Determine, by examination of a valid proof of age, that the purchaser or recipient is at least 18 years of age;
2. a. Using any information available, including information from the national precursor log exchange if the information is accessible, make a reasonable attempt to ensure that no individual purchases or receives an amount of pseudoephedrine product or ephedrine product that is greater than either of the following:
i. Three and six tenths grams within a period of a single day;
ii. Nine grams within a period of 30 consecutive days.
b. The maximum amounts specified in divisions (e)(2)B.2.a.i. and (e)(2)B.2.a.ii. of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The maximum amounts do not apply to the product’s overall weight.
(c) Maintain a log book of pseudoephedrine product or ephedrine product purchases, in accordance with R.C. § 3715.051;
(d) If required to comply with section R.C. § 3715.052, submit the information specified in divisions (a)(1)A. to (a)(1)D. of that section to the national precursor log exchange.
(3) Prescriptions, orders, and records maintained pursuant to this section and stocks of pseudoephedrine products and ephedrine products shall be open for inspection to federal, state, county, and municipal officers, and employees of the State Board of Pharmacy whose duty it is to enforce the laws of this state or of the United States relating to controlled substances. Such prescriptions, orders, records, and stocks shall be open for inspection by the State Medical Board and its employees for purposes of enforcing R.C. Chapter 4731.
(ORC 3715.05)
(f) Theft or Loss; Reporting Requirements.
(1) Each retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler that sells, offers to sell, holds for sale, delivers, or otherwise provides any pseudoephedrine product and that discovers the theft or loss of any pseudoephedrine product in an amount of more than nine grams per incident of theft or loss shall notify all of the following upon discovery of the theft or loss:
A. The State Board of Pharmacy, by telephone immediately upon discovery of the theft or loss;
B. Law enforcement authorities. If the incident is a theft and the theft constitutes a felony, the retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall report the theft to the law enforcement authorities in accordance with Ohio R.C. 2921.22.
(2) Within 30 days after making a report by telephone to the State Board of Pharmacy pursuant to division (f)(1)A. of this section, a retailer, terminal distributor of dangerous drugs, pharmacy, prescriber, or wholesaler shall send a written report to the State Board of Pharmacy.
(3) The reports required under this section shall identify the product that was stolen or lost, the amount of the product stolen or lost, and the date and time of discovery of the theft or loss.
(ORC 3715.06)
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