(a) No person shall knowingly furnish a sample drug to another person.
(b) Subsection (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 ORC 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 II of ORC 3719.41 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, IV or V of ORC 3719.41, or is marihuana, the penalty for the offense shall be determined as follows.
A. Except as otherwise provided in the following subsection, 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.
(d) (1) In addition to any prison term authorized or required by subsection (c) of this section and ORC 2929.13 and 2929.14 and in addition to any other sanction imposed for the offense under this section or ORC 2929.11 to 2929.18, the court that sentences an offender who is convicted of or pleads guilty to a violation of subsection (a) of this section may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. However, if the offender pleaded guilty to or was convicted of a violation of ORC 4511.19 or a substantially similar 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 ORC 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 ORC 4511.19 or a substantially similar 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 subsection (d)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(e) Notwithstanding any contrary provision of ORC 3719.21, the Clerk of Court shall pay a fine imposed for a violation of this section pursuant to ORC 2929.18(A) in accordance with and subject to the requirements of ORC 2925.03(F). The agency that receives the fine shall use the fine as specified in ORC 2925.03(F).
(ORC 2925.36)
Statutory reference:
Felony offenses, see ORC 2925.36(C)(2)