Bill Text: OH HB64 | 2011-2012 | 129th General Assembly | Comm Sub

Ohio House Bill 64 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To add synthetic cannabinoids commonly known as K2 or Spice to the list of Schedule I controlled substances, to prohibit the possession of Spice, to prohibit trafficking in Spice, to provide that if Spice is the drug involved in a violation of the offense of corrupting another with drugs the penalty for the violation will be the same as if marihuana was the drug involved in the offense, to add six synthetic derivatives of cathinone that have been found in bath salts to the list of Schedule I controlled substances, to define a "controlled substance analog" for purposes of the Controlled Substances Law, and to treat controlled substance analogs as Schedule I controlled substances, and to specify that the residential and familial information of probation officers and bailiffs is not a public record.

Spectrum: Slight Partisan Bill (Republican 45-25)

Status: (Passed) 2011-10-17 - Effective Date [HB64 Detail]

Download: Ohio-2011-HB64-Comm_Sub.html

As Reported by the Senate Judiciary--Criminal Justice Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 64

Representatives Ruhl, Burke

Cosponsors: Representatives Murray, Snitchler, Maag, Combs, Phillips, Stebelton, Boose, McClain, Grossman, Patmon, Adams, J., Winburn, Garland, Hayes, Bubp, Slaby, Adams, R., Amstutz, Ashford, Barnes, Blair, Blessing, Buchy, Budish, Butler, Celeste, Dovilla, Fedor, Gerberry, Gonzales, Hackett, Hagan, C., Hall, Heard, Landis, Letson, Newbold, O'Brien, Pillich, Schuring, Uecker, Weddington Speaker Batchelder
Senators Turner, Kearney

A BILL

To amend sections 149.43, 149.45, 2925.02, 2925.03,

2925.11, 3719.01, and 3719.41 and to enact section

3719.013 of the Revised Code to add synthetic

cannabinoids commonly known as K2 or Spice to the

list of Schedule I controlled substances, to

prohibit the possession of Spice, to prohibit

trafficking in Spice, to provide that if Spice is

the drug involved in a violation of the offense of

corrupting another with drugs the penalty for the

violation will be the same as if marihuana was the

drug involved in the offense, to add six synthetic

derivatives of cathinone that have been found in

bath salts to the list of Schedule I controlled

substances, to define a "controlled substance

analog" for purposes of the Controlled Substances

Law, and to treat controlled substance analogs as

Schedule I controlled substances, and to specify

that the residential and familial information of

probation officers and bailiffs is not a public

record.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 149.43, 149.45, 2925.02, 2925.03,	21
2925.11, 3719.01, and 3719.41 be amended and section 3719.013 of	22
the Revised Code be enacted to read as follows:	23

Sec. 149.43. (A) As used in this section:

(1) "Public record" means records kept by any public office,	25
including, but not limited to, state, county, city, village,	26
township, and school district units, and records pertaining to the	27
delivery of educational services by an alternative school in this	28
state kept by the nonprofit or for-profit entity operating the	29
alternative school pursuant to section 3313.533 of the Revised	30
Code. "Public record" does not mean any of the following:	31

(a) Medical records;

(b) Records pertaining to probation and parole proceedings or	33
to proceedings related to the imposition of community control	34
sanctions and post-release control sanctions;	35

(c) Records pertaining to actions under section 2151.85 and	36
division (C) of section 2919.121 of the Revised Code and to	37
appeals of actions arising under those sections;	38

(d) Records pertaining to adoption proceedings, including the	39
contents of an adoption file maintained by the department of	40
health under section 3705.12 of the Revised Code;	41

(e) Information in a record contained in the putative father	42
registry established by section 3107.062 of the Revised Code,	43
regardless of whether the information is held by the department of	44
job and family services or, pursuant to section 3111.69 of the	45
Revised Code, the office of child support in the department or a	46
child support enforcement agency;	47

(f) Records listed in division (A) of section 3107.42 of the	48
Revised Code or specified in division (A) of section 3107.52 of	49
the Revised Code;	50

(g) Trial preparation records;

(h) Confidential law enforcement investigatory records;

(i) Records containing information that is confidential under	53
section 2710.03 or 4112.05 of the Revised Code;	54

(j) DNA records stored in the DNA database pursuant to	55
section 109.573 of the Revised Code;	56

(k) Inmate records released by the department of	57
rehabilitation and correction to the department of youth services	58
or a court of record pursuant to division (E) of section 5120.21	59
of the Revised Code;	60

(l) Records maintained by the department of youth services	61
pertaining to children in its custody released by the department	62
of youth services to the department of rehabilitation and	63
correction pursuant to section 5139.05 of the Revised Code;	64

(m) Intellectual property records;

(n) Donor profile records;

(o) Records maintained by the department of job and family	67
services pursuant to section 3121.894 of the Revised Code;	68

(p) Peace officer, parole officer, probation officer,	69
bailiff, prosecuting attorney, assistant prosecuting attorney,	70
correctional employee, youth services employee, firefighter, EMT,	71
or investigator of the bureau of criminal identification and	72
investigation residential and familial information;	73

(q) In the case of a county hospital operated pursuant to	74
Chapter 339. of the Revised Code or a municipal hospital operated	75
pursuant to Chapter 749. of the Revised Code, information that	76
constitutes a trade secret, as defined in section 1333.61 of the	77
Revised Code;	78

(r) Information pertaining to the recreational activities of	79
a person under the age of eighteen;	80

(s) Records provided to, statements made by review board	81
members during meetings of, and all work products of a child	82
fatality review board acting under sections 307.621 to 307.629 of	83
the Revised Code, and child fatality review data submitted by the	84
child fatality review board to the department of health or a	85
national child death review database, other than the report	86
prepared pursuant to division (A) of section 307.626 of the	87
Revised Code;	88

(t) Records provided to and statements made by the executive	89
director of a public children services agency or a prosecuting	90
attorney acting pursuant to section 5153.171 of the Revised Code	91
other than the information released under that section;	92

(u) Test materials, examinations, or evaluation tools used in	93
an examination for licensure as a nursing home administrator that	94
the board of examiners of nursing home administrators administers	95
under section 4751.04 of the Revised Code or contracts under that	96
section with a private or government entity to administer;	97

(v) Records the release of which is prohibited by state or	98
federal law;	99

(w) Proprietary information of or relating to any person that	100
is submitted to or compiled by the Ohio venture capital authority	101
created under section 150.01 of the Revised Code;	102

(x) Information reported and evaluations conducted pursuant	103
to section 3701.072 of the Revised Code;	104

(y) Financial statements and data any person submits for any	105
purpose to the Ohio housing finance agency or the controlling	106
board in connection with applying for, receiving, or accounting	107
for financial assistance from the agency, and information that	108
identifies any individual who benefits directly or indirectly from	109
financial assistance from the agency;	110

(z) Records listed in section 5101.29 of the Revised Code.

111

(aa) Discharges recorded with a county recorder under section	112
317.24 of the Revised Code, as specified in division (B)(2) of	113
that section.	114

(2) "Confidential law enforcement investigatory record" means	115
any record that pertains to a law enforcement matter of a	116
criminal, quasi-criminal, civil, or administrative nature, but	117
only to the extent that the release of the record would create a	118
high probability of disclosure of any of the following:	119

(a) The identity of a suspect who has not been charged with	120
the offense to which the record pertains, or of an information	121
source or witness to whom confidentiality has been reasonably	122
promised;	123

(b) Information provided by an information source or witness	124
to whom confidentiality has been reasonably promised, which	125
information would reasonably tend to disclose the source's or	126
witness's identity;	127

(c) Specific confidential investigatory techniques or	128
procedures or specific investigatory work product;	129

(d) Information that would endanger the life or physical	130
safety of law enforcement personnel, a crime victim, a witness, or	131
a confidential information source.	132

(3) "Medical record" means any document or combination of	133
documents, except births, deaths, and the fact of admission to or	134
discharge from a hospital, that pertains to the medical history,	135
diagnosis, prognosis, or medical condition of a patient and that	136
is generated and maintained in the process of medical treatment.	137

(4) "Trial preparation record" means any record that contains	138
information that is specifically compiled in reasonable	139
anticipation of, or in defense of, a civil or criminal action or	140
proceeding, including the independent thought processes and	141
personal trial preparation of an attorney.	142

(5) "Intellectual property record" means a record, other than	143
a financial or administrative record, that is produced or	144
collected by or for faculty or staff of a state institution of	145
higher learning in the conduct of or as a result of study or	146
research on an educational, commercial, scientific, artistic,	147
technical, or scholarly issue, regardless of whether the study or	148
research was sponsored by the institution alone or in conjunction	149
with a governmental body or private concern, and that has not been	150
publicly released, published, or patented.	151

(6) "Donor profile record" means all records about donors or	152
potential donors to a public institution of higher education	153
except the names and reported addresses of the actual donors and	154
the date, amount, and conditions of the actual donation.	155

(7) "Peace officer, parole officer, probation officer,	156
bailiff, prosecuting attorney, assistant prosecuting attorney,	157
correctional employee, youth services employee, firefighter, EMT,	158
or investigator of the bureau of criminal identification and	159
investigation residential and familial information" means any	160
information that discloses any of the following about a peace	161
officer, parole officer, probation officer, bailiff, prosecuting	162
attorney, assistant prosecuting attorney, correctional employee,	163
youth services employee, firefighter, EMT, or investigator of the	164
bureau of criminal identification and investigation:	165

(a) The address of the actual personal residence of a peace	166
officer, parole officer, probation officer, bailiff, assistant	167
prosecuting attorney, correctional employee, youth services	168
employee, firefighter, EMT, or an investigator of the bureau of	169
criminal identification and investigation, except for the state or	170
political subdivision in which the peace officer, parole officer,	171
probation officer, bailiff, assistant prosecuting attorney,	172
correctional employee, youth services employee, firefighter, EMT,	173
or investigator of the bureau of criminal identification and	174
investigation resides;	175

(b) Information compiled from referral to or participation in	176
an employee assistance program;	177

(c) The social security number, the residential telephone	178
number, any bank account, debit card, charge card, or credit card	179
number, or the emergency telephone number of, or any medical	180
information pertaining to, a peace officer, parole officer,	181
probation officer, bailiff, prosecuting attorney, assistant	182
prosecuting attorney, correctional employee, youth services	183
employee, firefighter, EMT, or investigator of the bureau of	184
criminal identification and investigation;	185

(d) The name of any beneficiary of employment benefits,	186
including, but not limited to, life insurance benefits, provided	187
to a peace officer, parole officer, probation officer, bailiff,	188
prosecuting attorney, assistant prosecuting attorney, correctional	189
employee, youth services employee, firefighter, EMT, or	190
investigator of the bureau of criminal identification and	191
investigation by the peace officer's, parole officer's, probation	192
officer's, bailiff's, prosecuting attorney's, assistant	193
prosecuting attorney's, correctional employee's, youth services	194
employee's, firefighter's, EMT's, or investigator of the bureau of	195
criminal identification and investigation's employer;	196

(e) The identity and amount of any charitable or employment	197
benefit deduction made by the peace officer's, parole officer's,	198
probation officer's, bailiff's, prosecuting attorney's, assistant	199
prosecuting attorney's, correctional employee's, youth services	200
employee's, firefighter's, EMT's, or investigator of the bureau of	201
criminal identification and investigation's employer from the	202
peace officer's, parole officer's, probation officer's,	203
bailiff's, prosecuting attorney's, assistant prosecuting	204
attorney's, correctional employee's, youth services employee's,	205
firefighter's, EMT's, or investigator of the bureau of criminal	206
identification and investigation's compensation unless the amount	207
of the deduction is required by state or federal law;	208

(f) The name, the residential address, the name of the	209
employer, the address of the employer, the social security number,	210
the residential telephone number, any bank account, debit card,	211
charge card, or credit card number, or the emergency telephone	212
number of the spouse, a former spouse, or any child of a peace	213
officer, parole officer, probation officer, bailiff, prosecuting	214
attorney, assistant prosecuting attorney, correctional employee,	215
youth services employee, firefighter, EMT, or investigator of the	216
bureau of criminal identification and investigation;	217

(g) A photograph of a peace officer who holds a position or	218
has an assignment that may include undercover or plain clothes	219
positions or assignments as determined by the peace officer's	220
appointing authority.	221

As used in divisions (A)(7) and (B)(9) of this section,	222
"peace officer" has the same meaning as in section 109.71 of the	223
Revised Code and also includes the superintendent and troopers of	224
the state highway patrol; it does not include the sheriff of a	225
county or a supervisory employee who, in the absence of the	226
sheriff, is authorized to stand in for, exercise the authority of,	227
and perform the duties of the sheriff.	228

As used in divisions (A)(7) and (B)(5) of this section,	229
"correctional employee" means any employee of the department of	230
rehabilitation and correction who in the course of performing the	231
employee's job duties has or has had contact with inmates and	232
persons under supervision.	233

As used in divisions (A)(7) and (B)(5) of this section,	234
"youth services employee" means any employee of the department of	235
youth services who in the course of performing the employee's job	236
duties has or has had contact with children committed to the	237
custody of the department of youth services.	238

As used in divisions (A)(7) and (B)(9) of this section,	239
"firefighter" means any regular, paid or volunteer, member of a	240
lawfully constituted fire department of a municipal corporation,	241
township, fire district, or village.	242

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	243
means EMTs-basic, EMTs-I, and paramedics that provide emergency	244
medical services for a public emergency medical service	245
organization. "Emergency medical service organization,"	246
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	247
section 4765.01 of the Revised Code.	248

As used in divisions (A)(7) and (B)(9) of this section,	249
"investigator of the bureau of criminal identification and	250
investigation" has the meaning defined in section 2903.11 of the	251
Revised Code.	252

(8) "Information pertaining to the recreational activities of	253
a person under the age of eighteen" means information that is kept	254
in the ordinary course of business by a public office, that	255
pertains to the recreational activities of a person under the age	256
of eighteen years, and that discloses any of the following:	257

(a) The address or telephone number of a person under the age	258
of eighteen or the address or telephone number of that person's	259
parent, guardian, custodian, or emergency contact person;	260

(b) The social security number, birth date, or photographic	261
image of a person under the age of eighteen;	262

(c) Any medical record, history, or information pertaining to	263
a person under the age of eighteen;	264

(d) Any additional information sought or required about a	265
person under the age of eighteen for the purpose of allowing that	266
person to participate in any recreational activity conducted or	267
sponsored by a public office or to use or obtain admission	268
privileges to any recreational facility owned or operated by a	269
public office.	270

(9) "Community control sanction" has the same meaning as in	271
section 2929.01 of the Revised Code.	272

(10) "Post-release control sanction" has the same meaning as	273
in section 2967.01 of the Revised Code.	274

(11) "Redaction" means obscuring or deleting any information	275
that is exempt from the duty to permit public inspection or	276
copying from an item that otherwise meets the definition of a	277
"record" in section 149.011 of the Revised Code.	278

(12) "Designee" and "elected official" have the same meanings	279
as in section 109.43 of the Revised Code.	280

(B)(1) Upon request and subject to division (B)(8) of this	281
section, all public records responsive to the request shall be	282
promptly prepared and made available for inspection to any person	283
at all reasonable times during regular business hours. Subject to	284
division (B)(8) of this section, upon request, a public office or	285
person responsible for public records shall make copies of the	286
requested public record available at cost and within a reasonable	287
period of time. If a public record contains information that is	288
exempt from the duty to permit public inspection or to copy the	289
public record, the public office or the person responsible for the	290
public record shall make available all of the information within	291
the public record that is not exempt. When making that public	292
record available for public inspection or copying that public	293
record, the public office or the person responsible for the public	294
record shall notify the requester of any redaction or make the	295
redaction plainly visible. A redaction shall be deemed a denial of	296
a request to inspect or copy the redacted information, except if	297
federal or state law authorizes or requires a public office to	298
make the redaction.	299

(2) To facilitate broader access to public records, a public	300
office or the person responsible for public records shall organize	301
and maintain public records in a manner that they can be made	302
available for inspection or copying in accordance with division	303
(B) of this section. A public office also shall have available a	304
copy of its current records retention schedule at a location	305
readily available to the public. If a requester makes an ambiguous	306
or overly broad request or has difficulty in making a request for	307
copies or inspection of public records under this section such	308
that the public office or the person responsible for the requested	309
public record cannot reasonably identify what public records are	310
being requested, the public office or the person responsible for	311
the requested public record may deny the request but shall provide	312
the requester with an opportunity to revise the request by	313
informing the requester of the manner in which records are	314
maintained by the public office and accessed in the ordinary	315
course of the public office's or person's duties.	316

(3) If a request is ultimately denied, in part or in whole,	317
the public office or the person responsible for the requested	318
public record shall provide the requester with an explanation,	319
including legal authority, setting forth why the request was	320
denied. If the initial request was provided in writing, the	321
explanation also shall be provided to the requester in writing.	322
The explanation shall not preclude the public office or the person	323
responsible for the requested public record from relying upon	324
additional reasons or legal authority in defending an action	325
commenced under division (C) of this section.	326

(4) Unless specifically required or authorized by state or	327
federal law or in accordance with division (B) of this section, no	328
public office or person responsible for public records may limit	329
or condition the availability of public records by requiring	330
disclosure of the requester's identity or the intended use of the	331
requested public record. Any requirement that the requester	332
disclose the requestor's identity or the intended use of the	333
requested public record constitutes a denial of the request.	334

(5) A public office or person responsible for public records	335
may ask a requester to make the request in writing, may ask for	336
the requester's identity, and may inquire about the intended use	337
of the information requested, but may do so only after disclosing	338
to the requester that a written request is not mandatory and that	339
the requester may decline to reveal the requester's identity or	340
the intended use and when a written request or disclosure of the	341
identity or intended use would benefit the requester by enhancing	342
the ability of the public office or person responsible for public	343
records to identify, locate, or deliver the public records sought	344
by the requester.	345

(6) If any person chooses to obtain a copy of a public record	346
in accordance with division (B) of this section, the public office	347
or person responsible for the public record may require that	348
person to pay in advance the cost involved in providing the copy	349
of the public record in accordance with the choice made by the	350
person seeking the copy under this division. The public office or	351
the person responsible for the public record shall permit that	352
person to choose to have the public record duplicated upon paper,	353
upon the same medium upon which the public office or person	354
responsible for the public record keeps it, or upon any other	355
medium upon which the public office or person responsible for the	356
public record determines that it reasonably can be duplicated as	357
an integral part of the normal operations of the public office or	358
person responsible for the public record. When the person seeking	359
the copy makes a choice under this division, the public office or	360
person responsible for the public record shall provide a copy of	361
it in accordance with the choice made by the person seeking the	362
copy. Nothing in this section requires a public office or person	363
responsible for the public record to allow the person seeking a	364
copy of the public record to make the copies of the public record.	365

(7) Upon a request made in accordance with division (B) of	366
this section and subject to division (B)(6) of this section, a	367
public office or person responsible for public records shall	368
transmit a copy of a public record to any person by United States	369
mail or by any other means of delivery or transmission within a	370
reasonable period of time after receiving the request for the	371
copy. The public office or person responsible for the public	372
record may require the person making the request to pay in advance	373
the cost of postage if the copy is transmitted by United States	374
mail or the cost of delivery if the copy is transmitted other than	375
by United States mail, and to pay in advance the costs incurred	376
for other supplies used in the mailing, delivery, or transmission.	377

Any public office may adopt a policy and procedures that it	378
will follow in transmitting, within a reasonable period of time	379
after receiving a request, copies of public records by United	380
States mail or by any other means of delivery or transmission	381
pursuant to this division. A public office that adopts a policy	382
and procedures under this division shall comply with them in	383
performing its duties under this division.	384

In any policy and procedures adopted under this division, a	385
public office may limit the number of records requested by a	386
person that the office will transmit by United States mail to ten	387
per month, unless the person certifies to the office in writing	388
that the person does not intend to use or forward the requested	389
records, or the information contained in them, for commercial	390
purposes. For purposes of this division, "commercial" shall be	391
narrowly construed and does not include reporting or gathering	392
news, reporting or gathering information to assist citizen	393
oversight or understanding of the operation or activities of	394
government, or nonprofit educational research.	395

(8) A public office or person responsible for public records	396
is not required to permit a person who is incarcerated pursuant to	397
a criminal conviction or a juvenile adjudication to inspect or to	398
obtain a copy of any public record concerning a criminal	399
investigation or prosecution or concerning what would be a	400
criminal investigation or prosecution if the subject of the	401
investigation or prosecution were an adult, unless the request to	402
inspect or to obtain a copy of the record is for the purpose of	403
acquiring information that is subject to release as a public	404
record under this section and the judge who imposed the sentence	405
or made the adjudication with respect to the person, or the	406
judge's successor in office, finds that the information sought in	407
the public record is necessary to support what appears to be a	408
justiciable claim of the person.	409

(9) Upon written request made and signed by a journalist on	410
or after December 16, 1999, a public office, or person responsible	411
for public records, having custody of the records of the agency	412
employing a specified peace officer, parole officer, probation	413
officer, bailiff, prosecuting attorney, assistant prosecuting	414
attorney, correctional employee, youth services employee,	415
firefighter, EMT, or investigator of the bureau of criminal	416
identification and investigation shall disclose to the journalist	417
the address of the actual personal residence of the peace officer,	418
parole officer, probation officer, bailiff, prosecuting attorney,	419
assistant prosecuting attorney, correctional employee, youth	420
services employee, firefighter, EMT, or investigator of the bureau	421
of criminal identification and investigation and, if the peace	422
officer's, parole officer's, probation officer's, bailiff's,	423
prosecuting attorney's, assistant prosecuting attorney's,	424
correctional employee's, youth services employee's, firefighter's,	425
EMT's, or investigator of the bureau of criminal identification	426
and investigation's spouse, former spouse, or child is employed by	427
a public office, the name and address of the employer of the peace	428
officer's, parole officer's, probation officer's, bailiff's,	429
prosecuting attorney's, assistant prosecuting attorney's,	430
correctional employee's, youth services employee's, firefighter's,	431
EMT's, or investigator of the bureau of criminal identification	432
and investigation's spouse, former spouse, or child. The request	433
shall include the journalist's name and title and the name and	434
address of the journalist's employer and shall state that	435
disclosure of the information sought would be in the public	436
interest.	437

As used in this division, "journalist" means a person engaged	438
in, connected with, or employed by any news medium, including a	439
newspaper, magazine, press association, news agency, or wire	440
service, a radio or television station, or a similar medium, for	441
the purpose of gathering, processing, transmitting, compiling,	442
editing, or disseminating information for the general public.	443

(C)(1) If a person allegedly is aggrieved by the failure of a	444
public office or the person responsible for public records to	445
promptly prepare a public record and to make it available to the	446
person for inspection in accordance with division (B) of this	447
section or by any other failure of a public office or the person	448
responsible for public records to comply with an obligation in	449
accordance with division (B) of this section, the person allegedly	450
aggrieved may commence a mandamus action to obtain a judgment that	451
orders the public office or the person responsible for the public	452
record to comply with division (B) of this section, that awards	453
court costs and reasonable attorney's fees to the person that	454
instituted the mandamus action, and, if applicable, that includes	455
an order fixing statutory damages under division (C)(1) of this	456
section. The mandamus action may be commenced in the court of	457
common pleas of the county in which division (B) of this section	458
allegedly was not complied with, in the supreme court pursuant to	459
its original jurisdiction under Section 2 of Article IV, Ohio	460
Constitution, or in the court of appeals for the appellate	461
district in which division (B) of this section allegedly was not	462
complied with pursuant to its original jurisdiction under Section	463
3 of Article IV, Ohio Constitution.	464

If a requestor transmits a written request by hand delivery	465
or certified mail to inspect or receive copies of any public	466
record in a manner that fairly describes the public record or	467
class of public records to the public office or person responsible	468
for the requested public records, except as otherwise provided in	469
this section, the requestor shall be entitled to recover the	470
amount of statutory damages set forth in this division if a court	471
determines that the public office or the person responsible for	472
public records failed to comply with an obligation in accordance	473
with division (B) of this section.	474

The amount of statutory damages shall be fixed at one hundred	475
dollars for each business day during which the public office or	476
person responsible for the requested public records failed to	477
comply with an obligation in accordance with division (B) of this	478
section, beginning with the day on which the requester files a	479
mandamus action to recover statutory damages, up to a maximum of	480
one thousand dollars. The award of statutory damages shall not be	481
construed as a penalty, but as compensation for injury arising	482
from lost use of the requested information. The existence of this	483
injury shall be conclusively presumed. The award of statutory	484
damages shall be in addition to all other remedies authorized by	485
this section.	486

The court may reduce an award of statutory damages or not	487
award statutory damages if the court determines both of the	488
following:	489

(a) That, based on the ordinary application of statutory law	490
and case law as it existed at the time of the conduct or	491
threatened conduct of the public office or person responsible for	492
the requested public records that allegedly constitutes a failure	493
to comply with an obligation in accordance with division (B) of	494
this section and that was the basis of the mandamus action, a	495
well-informed public office or person responsible for the	496
requested public records reasonably would believe that the conduct	497
or threatened conduct of the public office or person responsible	498
for the requested public records did not constitute a failure to	499
comply with an obligation in accordance with division (B) of this	500
section;	501

(b) That a well-informed public office or person responsible	502
for the requested public records reasonably would believe that the	503
conduct or threatened conduct of the public office or person	504
responsible for the requested public records would serve the	505
public policy that underlies the authority that is asserted as	506
permitting that conduct or threatened conduct.	507

(2)(a) If the court issues a writ of mandamus that orders the	508
public office or the person responsible for the public record to	509
comply with division (B) of this section and determines that the	510
circumstances described in division (C)(1) of this section exist,	511
the court shall determine and award to the relator all court	512
costs.	513

(b) If the court renders a judgment that orders the public	514
office or the person responsible for the public record to comply	515
with division (B) of this section, the court may award reasonable	516
attorney's fees subject to reduction as described in division	517
(C)(2)(c) of this section. The court shall award reasonable	518
attorney's fees, subject to reduction as described in division	519
(C)(2)(c) of this section when either of the following applies:	520

(i) The public office or the person responsible for the	521
public records failed to respond affirmatively or negatively to	522
the public records request in accordance with the time allowed	523
under division (B) of this section.	524

(ii) The public office or the person responsible for the	525
public records promised to permit the relator to inspect or	526
receive copies of the public records requested within a specified	527
period of time but failed to fulfill that promise within that	528
specified period of time.	529

(c) Court costs and reasonable attorney's fees awarded under	530
this section shall be construed as remedial and not punitive.	531
Reasonable attorney's fees shall include reasonable fees incurred	532
to produce proof of the reasonableness and amount of the fees and	533
to otherwise litigate entitlement to the fees. The court may	534
reduce an award of attorney's fees to the relator or not award	535
attorney's fees to the relator if the court determines both of the	536
following:	537

(i) That, based on the ordinary application of statutory law	538
and case law as it existed at the time of the conduct or	539
threatened conduct of the public office or person responsible for	540
the requested public records that allegedly constitutes a failure	541
to comply with an obligation in accordance with division (B) of	542
this section and that was the basis of the mandamus action, a	543
well-informed public office or person responsible for the	544
requested public records reasonably would believe that the conduct	545
or threatened conduct of the public office or person responsible	546
for the requested public records did not constitute a failure to	547
comply with an obligation in accordance with division (B) of this	548
section;	549

(ii) That a well-informed public office or person responsible	550
for the requested public records reasonably would believe that the	551
conduct or threatened conduct of the public office or person	552
responsible for the requested public records as described in	553
division (C)(2)(c)(i) of this section would serve the public	554
policy that underlies the authority that is asserted as permitting	555
that conduct or threatened conduct.	556

(D) Chapter 1347. of the Revised Code does not limit the	557
provisions of this section.	558

(E)(1) To ensure that all employees of public offices are	559
appropriately educated about a public office's obligations under	560
division (B) of this section, all elected officials or their	561
appropriate designees shall attend training approved by the	562
attorney general as provided in section 109.43 of the Revised	563
Code. In addition, all public offices shall adopt a public records	564
policy in compliance with this section for responding to public	565
records requests. In adopting a public records policy under this	566
division, a public office may obtain guidance from the model	567
public records policy developed and provided to the public office	568
by the attorney general under section 109.43 of the Revised Code.	569
Except as otherwise provided in this section, the policy may not	570
limit the number of public records that the public office will	571
make available to a single person, may not limit the number of	572
public records that it will make available during a fixed period	573
of time, and may not establish a fixed period of time before it	574
will respond to a request for inspection or copying of public	575
records, unless that period is less than eight hours.	576

(2) The public office shall distribute the public records	577
policy adopted by the public office under division (E)(1) of this	578
section to the employee of the public office who is the records	579
custodian or records manager or otherwise has custody of the	580
records of that office. The public office shall require that	581
employee to acknowledge receipt of the copy of the public records	582
policy. The public office shall create a poster that describes its	583
public records policy and shall post the poster in a conspicuous	584
place in the public office and in all locations where the public	585
office has branch offices. The public office may post its public	586
records policy on the internet web site of the public office if	587
the public office maintains an internet web site. A public office	588
that has established a manual or handbook of its general policies	589
and procedures for all employees of the public office shall	590
include the public records policy of the public office in the	591
manual or handbook.	592

(F)(1) The bureau of motor vehicles may adopt rules pursuant	593
to Chapter 119. of the Revised Code to reasonably limit the number	594
of bulk commercial special extraction requests made by a person	595
for the same records or for updated records during a calendar	596
year. The rules may include provisions for charges to be made for	597
bulk commercial special extraction requests for the actual cost of	598
the bureau, plus special extraction costs, plus ten per cent. The	599
bureau may charge for expenses for redacting information, the	600
release of which is prohibited by law.	601

(2) As used in division (F)(1) of this section:

602

(a) "Actual cost" means the cost of depleted supplies,	603
records storage media costs, actual mailing and alternative	604
delivery costs, or other transmitting costs, and any direct	605
equipment operating and maintenance costs, including actual costs	606
paid to private contractors for copying services.	607

(b) "Bulk commercial special extraction request" means a	608
request for copies of a record for information in a format other	609
than the format already available, or information that cannot be	610
extracted without examination of all items in a records series,	611
class of records, or data base by a person who intends to use or	612
forward the copies for surveys, marketing, solicitation, or resale	613
for commercial purposes. "Bulk commercial special extraction	614
request" does not include a request by a person who gives	615
assurance to the bureau that the person making the request does	616
not intend to use or forward the requested copies for surveys,	617
marketing, solicitation, or resale for commercial purposes.	618

(c) "Commercial" means profit-seeking production, buying, or	619
selling of any good, service, or other product.	620

(d) "Special extraction costs" means the cost of the time	621
spent by the lowest paid employee competent to perform the task,	622
the actual amount paid to outside private contractors employed by	623
the bureau, or the actual cost incurred to create computer	624
programs to make the special extraction. "Special extraction	625
costs" include any charges paid to a public agency for computer or	626
records services.	627

(3) For purposes of divisions (F)(1) and (2) of this section,	628
"surveys, marketing, solicitation, or resale for commercial	629
purposes" shall be narrowly construed and does not include	630
reporting or gathering news, reporting or gathering information to	631
assist citizen oversight or understanding of the operation or	632
activities of government, or nonprofit educational research.	633

Sec. 149.45. (A) As used in this section:

634

(1) "Personal information" means any of the following:

635

(a) An individual's social security number;

636

(b) An individual's federal tax identification number;

637

(c) An individual's driver's license number or state	638
identification number;	639

(d) An individual's checking account number, savings account	640
number, or credit card number.	641

(2) "Public record" and "peace officer, parole officer,	642
probation officer, bailiff, prosecuting attorney, assistant	643
prosecuting attorney, correctional employee, youth services	644
employee, firefighter, EMT, or investigator of the bureau of	645
criminal identification and investigation residential and familial	646
information" have the same meanings as in section 149.43 of the	647
Revised Code.	648

(3) "Truncate" means to redact all but the last four digits	649
of an individual's social security number.	650

(B)(1) No public office or person responsible for a public	651
office's public records shall make available to the general public	652
on the internet any document that contains an individual's social	653
security number without otherwise redacting, encrypting, or	654
truncating the social security number.	655

(2) A public office or person responsible for a public	656
office's public records that prior to the effective date of this	657
section made available to the general public on the internet any	658
document that contains an individual's social security number	659
shall redact, encrypt, or truncate the social security number from	660
that document.	661

(3) Divisions (B)(1) and (2) of this section do not apply to	662
documents that are only accessible through the internet with a	663
password.	664

(C)(1) An individual may request that a public office or a	665
person responsible for a public office's public records redact	666
personal information of that individual from any record made	667
available to the general public on the internet. An individual who	668
makes a request for redaction pursuant to this division shall make	669
the request in writing on a form developed by the attorney general	670
and shall specify the personal information to be redacted and	671
provide any information that identifies the location of that	672
personal information within a document that contains that personal	673
information.	674

(2) Upon receiving a request for a redaction pursuant to	675
division (C)(1) of this section, a public office or a person	676
responsible for a public office's public records shall act within	677
five business days in accordance with the request to redact the	678
personal information of the individual from any record made	679
available to the general public on the internet, if practicable.	680
If a redaction is not practicable, the public office or person	681
responsible for the public office's public records shall verbally	682
or in writing within five business days after receiving the	683
written request explain to the individual why the redaction is	684
impracticable.	685

(3) The attorney general shall develop a form to be used by	686
an individual to request a redaction pursuant to division (C)(1)	687
of this section. The form shall include a place to provide any	688
information that identifies the location of the personal	689
information to be redacted.	690

(D)(1) A peace officer, parole officer, probation officer,	691
bailiff, prosecuting attorney, assistant prosecuting attorney,	692
correctional employee, youth services employee, firefighter, EMT,	693
or investigator of the bureau of criminal identification and	694
investigation may request that a public office other than a county	695
auditor or a person responsible for the public records of a public	696
office other than a county auditor redact the address of the	697
person making the request from any record made available to the	698
general public on the internet that includes peace officer, parole	699
officer, probation officer, bailiff, prosecuting attorney,	700
assistant prosecuting attorney, correctional employee, youth	701
services employee, firefighter, EMT, or investigator of the bureau	702
of criminal identification and investigation residential and	703
familial information of the person making the request. A person	704
who makes a request for a redaction pursuant to this division	705
shall make the request in writing and on a form developed by the	706
attorney general.	707

(2) Upon receiving a written request for a redaction pursuant	708
to division (D)(1) of this section, a public office other than a	709
county auditor or a person responsible for the public records of a	710
public office other than a county auditor shall act within five	711
business days in accordance with the request to redact the address	712
of the peace officer, parole officer, probation officer, bailiff,	713
prosecuting attorney, assistant prosecuting attorney, correctional	714
employee, youth services employee, firefighter, EMT, or	715
investigator of the bureau of criminal identification and	716
investigation making the request from any record made available to	717
the general public on the internet that includes peace officer,	718
parole officer, probation officer, bailiff, prosecuting attorney,	719
assistant prosecuting attorney, correctional employee, youth	720
services employee, firefighter, EMT, or investigator of the bureau	721
of criminal identification and investigation residential and	722
familial information of the person making the request, if	723
practicable. If a redaction is not practicable, the public office	724
or person responsible for the public office's public records shall	725
verbally or in writing within five business days after receiving	726
the written request explain to the peace officer, parole officer,	727
probation officer, bailiff, prosecuting attorney, assistant	728
prosecuting attorney, correctional employee, youth services	729
employee, firefighter, EMT, or investigator of the bureau of	730
criminal identification and investigation why the redaction is	731
impracticable.	732

(3) Except as provided in this section and section 319.28 of	733
the Revised Code, a public office other than an employer of a	734
peace officer, parole officer, probation officer, bailiff,	735
prosecuting attorney, assistant prosecuting attorney, correctional	736
employee, youth services employee, firefighter, EMT, or	737
investigator of the bureau of criminal identification and	738
investigation or a person responsible for the public records of	739
the employer is not required to redact the residential and	740
familial information of the peace officer, parole officer,	741
probation officer, bailiff, prosecuting attorney, assistant	742
prosecuting attorney, correctional employee, youth services	743
employee, firefighter, EMT, or investigator of the bureau of	744
criminal identification and investigation from other records	745
maintained by the public office.	746

(4) The attorney general shall develop a form to be used by a	747
peace officer, parole officer, probation officer, bailiff,	748
prosecuting attorney, assistant prosecuting attorney, correctional	749
employee, youth services employee, firefighter, EMT, or	750
investigator of the bureau of criminal identification and	751
investigation to request a redaction pursuant to division (D)(1)	752
of this section. The form shall include a place to provide any	753
information that identifies the location of the address of a peace	754
officer, parole officer, probation officer, bailiff, prosecuting	755
attorney, assistant prosecuting attorney, correctional employee,	756
youth services employee, firefighter, EMT, or investigator of the	757
bureau of criminal identification and investigation to be	758
redacted.	759

(E)(1) If a public office or a person responsible for a	760
public office's public records becomes aware that an electronic	761
record of that public office that is made available to the general	762
public on the internet contains an individual's social security	763
number that was mistakenly not redacted, encrypted, or truncated	764
as required by division (B)(1) or (2) of this section, the public	765
office or person responsible for the public office's public	766
records shall redact, encrypt, or truncate the individual's social	767
security number within a reasonable period of time.	768

(2) A public office or a person responsible for a public	769
office's public records is not liable in damages in a civil action	770
for any harm an individual allegedly sustains as a result of the	771
inclusion of that individual's personal information on any record	772
made available to the general public on the internet or any harm a	773
peace officer, parole officer, probation officer, bailiff,	774
prosecuting attorney, assistant prosecuting attorney, correctional	775
employee, youth services employee, firefighter, EMT, or	776
investigator of the bureau of criminal identification and	777
investigation sustains as a result of the inclusion of the address	778
of the peace officer, parole officer, probation officer, bailiff,	779
prosecuting attorney, assistant prosecuting attorney, correctional	780
employee, youth services employee, firefighter, EMT, or	781
investigator of the bureau of criminal identification and	782
investigation on any record made available to the general public	783
on the internet in violation of this section unless the public	784
office or person responsible for the public office's public	785
records acted with malicious purpose, in bad faith, or in a wanton	786
or reckless manner or division (A)(6)(a) or (c) of section 2744.03	787
of the Revised Code applies.	788

Sec. 2925.02. (A) No person shall knowingly do any of the	789
following:	790

(1) By force, threat, or deception, administer to another or	791
induce or cause another to use a controlled substance;	792

(2) By any means, administer or furnish to another or induce	793
or cause another to use a controlled substance with purpose to	794
cause serious physical harm to the other person, or with purpose	795
to cause the other person to become drug dependent;	796

(3) By any means, administer or furnish to another or induce	797
or cause another to use a controlled substance, and thereby cause	798
serious physical harm to the other person, or cause the other	799
person to become drug dependent;	800

(4) By any means, do any of the following:

801

(a) Furnish or administer a controlled substance to a	802
juvenile who is at least two years the offender's junior, when the	803
offender knows the age of the juvenile or is reckless in that	804
regard;	805

(b) Induce or cause a juvenile who is at least two years the	806
offender's junior to use a controlled substance, when the offender	807
knows the age of the juvenile or is reckless in that regard;	808

(c) Induce or cause a juvenile who is at least two years the	809
offender's junior to commit a felony drug abuse offense, when the	810
offender knows the age of the juvenile or is reckless in that	811
regard;	812

(d) Use a juvenile, whether or not the offender knows the age	813
of the juvenile, to perform any surveillance activity that is	814
intended to prevent the detection of the offender or any other	815
person in the commission of a felony drug abuse offense or to	816
prevent the arrest of the offender or any other person for the	817
commission of a felony drug abuse offense.	818

(B) Division (A)(1), (3), or (4) of this section does not	819
apply to manufacturers, wholesalers, licensed health professionals	820
authorized to prescribe drugs, pharmacists, owners of pharmacies,	821
and other persons whose conduct is in accordance with Chapters	822
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	823
Code.	824

(C) Whoever violates this section is guilty of corrupting	825
another with drugs. The penalty for the offense shall be	826
determined as follows:	827

(1) Except as otherwise provided in this division, if the	828
drug involved is any compound, mixture, preparation, or substance	829
included in schedule I or II, with the exception of marihuana,	830
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	831
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	832
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	833
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	834
corrupting another with drugs is a felony of the second degree,	835
and, subject to division (E) of this section, the court shall	836
impose as a mandatory prison term one of the prison terms	837
prescribed for a felony of the second degree. If the drug involved	838
is any compound, mixture, preparation, or substance included in	839
schedule I or II, with the exception of marihuana,	840
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	841
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	842
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	843
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	844
if the offense was committed in the vicinity of a school,	845
corrupting another with drugs is a felony of the first degree,	846
and, subject to division (E) of this section, the court shall	847
impose as a mandatory prison term one of the prison terms	848
prescribed for a felony of the first degree.	849

(2) Except as otherwise provided in this division, if the	850
drug involved is any compound, mixture, preparation, or substance	851
included in schedule III, IV, or V, corrupting another with drugs	852
is a felony of the second degree, and there is a presumption for a	853
prison term for the offense. If the drug involved is any compound,	854
mixture, preparation, or substance included in schedule III, IV,	855
or V and if the offense was committed in the vicinity of a school,	856
corrupting another with drugs is a felony of the second degree,	857
and the court shall impose as a mandatory prison term one of the	858
prison terms prescribed for a felony of the second degree.	859

(3) Except as otherwise provided in this division, if the	860
drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	861
1-Butyl-3-(1-naphthoyl)indole,	862
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	863
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	864
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	865
corrupting another with drugs is a felony of the fourth degree,	866
and division (C) of section 2929.13 of the Revised Code applies in	867
determining whether to impose a prison term on the offender. If	868
the drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	869
1-Butyl-3-(1-naphthoyl)indole,	870
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	871
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	872
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	873
if the offense was committed in the vicinity of a school,	874
corrupting another with drugs is a felony of the third degree, and	875
division (C) of section 2929.13 of the Revised Code applies in	876
determining whether to impose a prison term on the offender.	877

(D) In addition to any prison term authorized or required by	878
division (C) or (E) of this section and sections 2929.13 and	879
2929.14 of the Revised Code and in addition to any other sanction	880
imposed for the offense under this section or sections 2929.11 to	881
2929.18 of the Revised Code, the court that sentences an offender	882
who is convicted of or pleads guilty to a violation of division	883
(A) of this section or the clerk of that court shall do all of the	884
following that are applicable regarding the offender:	885

(1)(a) If the violation is a felony of the first, second, or	886
third degree, the court shall impose upon the offender the	887
mandatory fine specified for the offense under division (B)(1) of	888
section 2929.18 of the Revised Code unless, as specified in that	889
division, the court determines that the offender is indigent.	890

(b) Notwithstanding any contrary provision of section 3719.21	891
of the Revised Code, any mandatory fine imposed pursuant to	892
division (D)(1)(a) of this section and any fine imposed for a	893
violation of this section pursuant to division (A) of section	894
2929.18 of the Revised Code shall be paid by the clerk of the	895
court in accordance with and subject to the requirements of, and	896
shall be used as specified in, division (F) of section 2925.03 of	897
the Revised Code.	898

(c) If a person is charged with any violation of this section	899
that is a felony of the first, second, or third degree, posts	900
bail, and forfeits the bail, the forfeited bail shall be paid by	901
the clerk of the court pursuant to division (D)(1)(b) of this	902
section as if it were a fine imposed for a violation of this	903
section.	904

(2) The court shall suspend for not less than six months nor	905
more than five years the offender's driver's or commercial	906
driver's license or permit. If an offender's driver's or	907
commercial driver's license or permit is suspended pursuant to	908
this division, the offender, at any time after the expiration of	909
two years from the day on which the offender's sentence was	910
imposed or from the day on which the offender finally was released	911
from a prison term under the sentence, whichever is later, may	912
file a motion with the sentencing court requesting termination of	913
the suspension. Upon the filing of the motion and the court's	914
finding of good cause for the termination, the court may terminate	915
the suspension.	916

(3) If the offender is a professionally licensed person, in	917
addition to any other sanction imposed for a violation of this	918
section, the court immediately shall comply with section 2925.38	919
of the Revised Code.	920

(E) Notwithstanding the prison term otherwise authorized or	921
required for the offense under division (C) of this section and	922
sections 2929.13 and 2929.14 of the Revised Code, if the violation	923
of division (A) of this section involves the sale, offer to sell,	924
or possession of a schedule I or II controlled substance, with the	925
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	926
1-Butyl-3-(1-naphthoyl)indole,	927
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	928
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	929
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	930
if the court imposing sentence upon the offender finds that the	931
offender as a result of the violation is a major drug offender and	932
is guilty of a specification of the type described in section	933
2941.1410 of the Revised Code, the court, in lieu of the prison	934
term that otherwise is authorized or required, shall impose upon	935
the offender the mandatory prison term specified in division	936
(D)(3)(a) of section 2929.14 of the Revised Code and may impose an	937
additional prison term under division (D)(3)(b) of that section.	938

Sec. 2925.03. (A) No person shall knowingly do any of the	939
following:	940

(1) Sell or offer to sell a controlled substance;

941

(2) Prepare for shipment, ship, transport, deliver, prepare	942
for distribution, or distribute a controlled substance, when the	943
offender knows or has reasonable cause to believe that the	944
controlled substance is intended for sale or resale by the	945
offender or another person.	946

(B) This section does not apply to any of the following:

947

(1) Manufacturers, licensed health professionals authorized	948
to prescribe drugs, pharmacists, owners of pharmacies, and other	949
persons whose conduct is in accordance with Chapters 3719., 4715.,	950
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	951

(2) If the offense involves an anabolic steroid, any person	952
who is conducting or participating in a research project involving	953
the use of an anabolic steroid if the project has been approved by	954
the United States food and drug administration;	955

(3) Any person who sells, offers for sale, prescribes,	956
dispenses, or administers for livestock or other nonhuman species	957
an anabolic steroid that is expressly intended for administration	958
through implants to livestock or other nonhuman species and	959
approved for that purpose under the "Federal Food, Drug, and	960
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	961
and is sold, offered for sale, prescribed, dispensed, or	962
administered for that purpose in accordance with that act.	963

(C) Whoever violates division (A) of this section is guilty	964
of one of the following:	965

(1) If the drug involved in the violation is any compound,	966
mixture, preparation, or substance included in schedule I or	967
schedule II, with the exception of marihuana,	968
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	969
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	970
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	971
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	972
cocaine, L.S.D., heroin, and hashish, whoever violates division	973
(A) of this section is guilty of aggravated trafficking in drugs.	974
The penalty for the offense shall be determined as follows:	975

(a) Except as otherwise provided in division (C)(1)(b), (c),	976
(d), (e), or (f) of this section, aggravated trafficking in drugs	977
is a felony of the fourth degree, and division (C) of section	978
2929.13 of the Revised Code applies in determining whether to	979
impose a prison term on the offender.	980

(b) Except as otherwise provided in division (C)(1)(c), (d),	981
(e), or (f) of this section, if the offense was committed in the	982
vicinity of a school or in the vicinity of a juvenile, aggravated	983
trafficking in drugs is a felony of the third degree, and division	984
(C) of section 2929.13 of the Revised Code applies in determining	985
whether to impose a prison term on the offender.	986

(c) Except as otherwise provided in this division, if the	987
amount of the drug involved equals or exceeds the bulk amount but	988
is less than five times the bulk amount, aggravated trafficking in	989
drugs is a felony of the third degree, and the court shall impose	990
as a mandatory prison term one of the prison terms prescribed for	991
a felony of the third degree. If the amount of the drug involved	992
is within that range and if the offense was committed in the	993
vicinity of a school or in the vicinity of a juvenile, aggravated	994
trafficking in drugs is a felony of the second degree, and the	995
court shall impose as a mandatory prison term one of the prison	996
terms prescribed for a felony of the second degree.	997

(d) Except as otherwise provided in this division, if the	998
amount of the drug involved equals or exceeds five times the bulk	999
amount but is less than fifty times the bulk amount, aggravated	1000
trafficking in drugs is a felony of the second degree, and the	1001
court shall impose as a mandatory prison term one of the prison	1002
terms prescribed for a felony of the second degree. If the amount	1003
of the drug involved is within that range and if the offense was	1004
committed in the vicinity of a school or in the vicinity of a	1005
juvenile, aggravated trafficking in drugs is a felony of the first	1006
degree, and the court shall impose as a mandatory prison term one	1007
of the prison terms prescribed for a felony of the first degree.	1008

(e) If the amount of the drug involved equals or exceeds	1009
fifty times the bulk amount but is less than one hundred times the	1010
bulk amount and regardless of whether the offense was committed in	1011
the vicinity of a school or in the vicinity of a juvenile,	1012
aggravated trafficking in drugs is a felony of the first degree,	1013
and the court shall impose as a mandatory prison term one of the	1014
prison terms prescribed for a felony of the first degree.	1015

(f) If the amount of the drug involved equals or exceeds one	1016
hundred times the bulk amount and regardless of whether the	1017
offense was committed in the vicinity of a school or in the	1018
vicinity of a juvenile, aggravated trafficking in drugs is a	1019
felony of the first degree, the offender is a major drug offender,	1020
and the court shall impose as a mandatory prison term the maximum	1021
prison term prescribed for a felony of the first degree and may	1022
impose an additional prison term prescribed for a major drug	1023
offender under division (D)(3)(b) of section 2929.14 of the	1024
Revised Code.	1025

(2) If the drug involved in the violation is any compound,	1026
mixture, preparation, or substance included in schedule III, IV,	1027
or V, whoever violates division (A) of this section is guilty of	1028
trafficking in drugs. The penalty for the offense shall be	1029
determined as follows:	1030

(a) Except as otherwise provided in division (C)(2)(b), (c),	1031
(d), or (e) of this section, trafficking in drugs is a felony of	1032
the fifth degree, and division (C) of section 2929.13 of the	1033
Revised Code applies in determining whether to impose a prison	1034
term on the offender.	1035

(b) Except as otherwise provided in division (C)(2)(c), (d),	1036
or (e) of this section, if the offense was committed in the	1037
vicinity of a school or in the vicinity of a juvenile, trafficking	1038
in drugs is a felony of the fourth degree, and division (C) of	1039
section 2929.13 of the Revised Code applies in determining whether	1040
to impose a prison term on the offender.	1041

(c) Except as otherwise provided in this division, if the	1042
amount of the drug involved equals or exceeds the bulk amount but	1043
is less than five times the bulk amount, trafficking in drugs is a	1044
felony of the fourth degree, and there is a presumption for a	1045
prison term for the offense. If the amount of the drug involved is	1046
within that range and if the offense was committed in the vicinity	1047
of a school or in the vicinity of a juvenile, trafficking in drugs	1048
is a felony of the third degree, and there is a presumption for a	1049
prison term for the offense.	1050

(d) Except as otherwise provided in this division, if the	1051
amount of the drug involved equals or exceeds five times the bulk	1052
amount but is less than fifty times the bulk amount, trafficking	1053
in drugs is a felony of the third degree, and there is a	1054
presumption for a prison term for the offense. If the amount of	1055
the drug involved is within that range and if the offense was	1056
committed in the vicinity of a school or in the vicinity of a	1057
juvenile, trafficking in drugs is a felony of the second degree,	1058
and there is a presumption for a prison term for the offense.	1059

(e) Except as otherwise provided in this division, if the	1060
amount of the drug involved equals or exceeds fifty times the bulk	1061
amount, trafficking in drugs is a felony of the second degree, and	1062
the court shall impose as a mandatory prison term one of the	1063
prison terms prescribed for a felony of the second degree. If the	1064
amount of the drug involved equals or exceeds fifty times the bulk	1065
amount and if the offense was committed in the vicinity of a	1066
school or in the vicinity of a juvenile, trafficking in drugs is a	1067
felony of the first degree, and the court shall impose as a	1068
mandatory prison term one of the prison terms prescribed for a	1069
felony of the first degree.	1070

(3) If the drug involved in the violation is marihuana or a	1071
compound, mixture, preparation, or substance containing marihuana	1072
other than hashish, whoever violates division (A) of this section	1073
is guilty of trafficking in marihuana. The penalty for the offense	1074
shall be determined as follows:	1075

(a) Except as otherwise provided in division (C)(3)(b), (c),	1076
(d), (e), (f), or (g) of this section, trafficking in marihuana is	1077
a felony of the fifth degree, and division (C) of section 2929.13	1078
of the Revised Code applies in determining whether to impose a	1079
prison term on the offender.	1080

(b) Except as otherwise provided in division (C)(3)(c), (d),	1081
(e), (f), or (g) of this section, if the offense was committed in	1082
the vicinity of a school or in the vicinity of a juvenile,	1083
trafficking in marihuana is a felony of the fourth degree, and	1084
division (C) of section 2929.13 of the Revised Code applies in	1085
determining whether to impose a prison term on the offender.	1086

(c) Except as otherwise provided in this division, if the	1087
amount of the drug involved equals or exceeds two hundred grams	1088
but is less than one thousand grams, trafficking in marihuana is a	1089
felony of the fourth degree, and division (C) of section 2929.13	1090
of the Revised Code applies in determining whether to impose a	1091
prison term on the offender. If the amount of the drug involved is	1092
within that range and if the offense was committed in the vicinity	1093
of a school or in the vicinity of a juvenile, trafficking in	1094
marihuana is a felony of the third degree, and division (C) of	1095
section 2929.13 of the Revised Code applies in determining whether	1096
to impose a prison term on the offender.	1097

(d) Except as otherwise provided in this division, if the	1098
amount of the drug involved equals or exceeds one thousand grams	1099
but is less than five thousand grams, trafficking in marihuana is	1100
a felony of the third degree, and division (C) of section 2929.13	1101
of the Revised Code applies in determining whether to impose a	1102
prison term on the offender. If the amount of the drug involved is	1103
within that range and if the offense was committed in the vicinity	1104
of a school or in the vicinity of a juvenile, trafficking in	1105
marihuana is a felony of the second degree, and there is a	1106
presumption that a prison term shall be imposed for the offense.	1107

(e) Except as otherwise provided in this division, if the	1108
amount of the drug involved equals or exceeds five thousand grams	1109
but is less than twenty thousand grams, trafficking in marihuana	1110
is a felony of the third degree, and there is a presumption that a	1111
prison term shall be imposed for the offense. If the amount of the	1112
drug involved is within that range and if the offense was	1113
committed in the vicinity of a school or in the vicinity of a	1114
juvenile, trafficking in marihuana is a felony of the second	1115
degree, and there is a presumption that a prison term shall be	1116
imposed for the offense.	1117

(f) Except as otherwise provided in this division, if the	1118
amount of the drug involved equals or exceeds twenty thousand	1119
grams, trafficking in marihuana is a felony of the second degree,	1120
and the court shall impose as a mandatory prison term the maximum	1121
prison term prescribed for a felony of the second degree. If the	1122
amount of the drug involved equals or exceeds twenty thousand	1123
grams and if the offense was committed in the vicinity of a school	1124
or in the vicinity of a juvenile, trafficking in marihuana is a	1125
felony of the first degree, and the court shall impose as a	1126
mandatory prison term the maximum prison term prescribed for a	1127
felony of the first degree.	1128

(g) Except as otherwise provided in this division, if the	1129
offense involves a gift of twenty grams or less of marihuana,	1130
trafficking in marihuana is a minor misdemeanor upon a first	1131
offense and a misdemeanor of the third degree upon a subsequent	1132
offense. If the offense involves a gift of twenty grams or less of	1133
marihuana and if the offense was committed in the vicinity of a	1134
school or in the vicinity of a juvenile, trafficking in marihuana	1135
is a misdemeanor of the third degree.	1136

(4) If the drug involved in the violation is cocaine or a	1137
compound, mixture, preparation, or substance containing cocaine,	1138
whoever violates division (A) of this section is guilty of	1139
trafficking in cocaine. The penalty for the offense shall be	1140
determined as follows:	1141

(a) Except as otherwise provided in division (C)(4)(b), (c),	1142
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	1143
felony of the fifth degree, and division (C) of section 2929.13 of	1144
the Revised Code applies in determining whether to impose a prison	1145
term on the offender.	1146

(b) Except as otherwise provided in division (C)(4)(c), (d),	1147
(e), (f), or (g) of this section, if the offense was committed in	1148
the vicinity of a school or in the vicinity of a juvenile,	1149
trafficking in cocaine is a felony of the fourth degree, and	1150
division (C) of section 2929.13 of the Revised Code applies in	1151
determining whether to impose a prison term on the offender.	1152

(c) Except as otherwise provided in this division, if the	1153
amount of the drug involved equals or exceeds five grams but is	1154
less than ten grams of cocaine that is not crack cocaine or equals	1155
or exceeds one gram but is less than five grams of crack cocaine,	1156
trafficking in cocaine is a felony of the fourth degree, and there	1157
is a presumption for a prison term for the offense. If the amount	1158
of the drug involved is within one of those ranges and if the	1159
offense was committed in the vicinity of a school or in the	1160
vicinity of a juvenile, trafficking in cocaine is a felony of the	1161
third degree, and there is a presumption for a prison term for the	1162
offense.	1163

(d) Except as otherwise provided in this division, if the	1164
amount of the drug involved equals or exceeds ten grams but is	1165
less than one hundred grams of cocaine that is not crack cocaine	1166
or equals or exceeds five grams but is less than ten grams of	1167
crack cocaine, trafficking in cocaine is a felony of the third	1168
degree, and the court shall impose as a mandatory prison term one	1169
of the prison terms prescribed for a felony of the third degree.	1170
If the amount of the drug involved is within one of those ranges	1171
and if the offense was committed in the vicinity of a school or in	1172
the vicinity of a juvenile, trafficking in cocaine is a felony of	1173
the second degree, and the court shall impose as a mandatory	1174
prison term one of the prison terms prescribed for a felony of the	1175
second degree.	1176

(e) Except as otherwise provided in this division, if the	1177
amount of the drug involved equals or exceeds one hundred grams	1178
but is less than five hundred grams of cocaine that is not crack	1179
cocaine or equals or exceeds ten grams but is less than	1180
twenty-five grams of crack cocaine, trafficking in cocaine is a	1181
felony of the second degree, and the court shall impose as a	1182
mandatory prison term one of the prison terms prescribed for a	1183
felony of the second degree. If the amount of the drug involved is	1184
within one of those ranges and if the offense was committed in the	1185
vicinity of a school or in the vicinity of a juvenile, trafficking	1186
in cocaine is a felony of the first degree, and the court shall	1187
impose as a mandatory prison term one of the prison terms	1188
prescribed for a felony of the first degree.	1189

(f) If the amount of the drug involved equals or exceeds five	1190
hundred grams but is less than one thousand grams of cocaine that	1191
is not crack cocaine or equals or exceeds twenty-five grams but is	1192
less than one hundred grams of crack cocaine and regardless of	1193
whether the offense was committed in the vicinity of a school or	1194
in the vicinity of a juvenile, trafficking in cocaine is a felony	1195
of the first degree, and the court shall impose as a mandatory	1196
prison term one of the prison terms prescribed for a felony of the	1197
first degree.	1198

(g) If the amount of the drug involved equals or exceeds one	1199
thousand grams of cocaine that is not crack cocaine or equals or	1200
exceeds one hundred grams of crack cocaine and regardless of	1201
whether the offense was committed in the vicinity of a school or	1202
in the vicinity of a juvenile, trafficking in cocaine is a felony	1203
of the first degree, the offender is a major drug offender, and	1204
the court shall impose as a mandatory prison term the maximum	1205
prison term prescribed for a felony of the first degree and may	1206
impose an additional mandatory prison term prescribed for a major	1207
drug offender under division (D)(3)(b) of section 2929.14 of the	1208
Revised Code.	1209

(5) If the drug involved in the violation is L.S.D. or a	1210
compound, mixture, preparation, or substance containing L.S.D.,	1211
whoever violates division (A) of this section is guilty of	1212
trafficking in L.S.D. The penalty for the offense shall be	1213
determined as follows:	1214

(a) Except as otherwise provided in division (C)(5)(b), (c),	1215
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	1216
felony of the fifth degree, and division (C) of section 2929.13 of	1217
the Revised Code applies in determining whether to impose a prison	1218
term on the offender.	1219

(b) Except as otherwise provided in division (C)(5)(c), (d),	1220
(e), (f), or (g) of this section, if the offense was committed in	1221
the vicinity of a school or in the vicinity of a juvenile,	1222
trafficking in L.S.D. is a felony of the fourth degree, and	1223
division (C) of section 2929.13 of the Revised Code applies in	1224
determining whether to impose a prison term on the offender.	1225

(c) Except as otherwise provided in this division, if the	1226
amount of the drug involved equals or exceeds ten unit doses but	1227
is less than fifty unit doses of L.S.D. in a solid form or equals	1228
or exceeds one gram but is less than five grams of L.S.D. in a	1229
liquid concentrate, liquid extract, or liquid distillate form,	1230
trafficking in L.S.D. is a felony of the fourth degree, and there	1231
is a presumption for a prison term for the offense. If the amount	1232
of the drug involved is within that range and if the offense was	1233
committed in the vicinity of a school or in the vicinity of a	1234
juvenile, trafficking in L.S.D. is a felony of the third degree,	1235
and there is a presumption for a prison term for the offense.	1236

(d) Except as otherwise provided in this division, if the	1237
amount of the drug involved equals or exceeds fifty unit doses but	1238
is less than two hundred fifty unit doses of L.S.D. in a solid	1239
form or equals or exceeds five grams but is less than twenty-five	1240
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	1241
distillate form, trafficking in L.S.D. is a felony of the third	1242
degree, and the court shall impose as a mandatory prison term one	1243
of the prison terms prescribed for a felony of the third degree.	1244
If the amount of the drug involved is within that range and if the	1245
offense was committed in the vicinity of a school or in the	1246
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	1247
second degree, and the court shall impose as a mandatory prison	1248
term one of the prison terms prescribed for a felony of the second	1249
degree.	1250

(e) Except as otherwise provided in this division, if the	1251
amount of the drug involved equals or exceeds two hundred fifty	1252
unit doses but is less than one thousand unit doses of L.S.D. in a	1253
solid form or equals or exceeds twenty-five grams but is less than	1254
one hundred grams of L.S.D. in a liquid concentrate, liquid	1255
extract, or liquid distillate form, trafficking in L.S.D. is a	1256
felony of the second degree, and the court shall impose as a	1257
mandatory prison term one of the prison terms prescribed for a	1258
felony of the second degree. If the amount of the drug involved is	1259
within that range and if the offense was committed in the vicinity	1260
of a school or in the vicinity of a juvenile, trafficking in	1261
L.S.D. is a felony of the first degree, and the court shall impose	1262
as a mandatory prison term one of the prison terms prescribed for	1263
a felony of the first degree.	1264

(f) If the amount of the drug involved equals or exceeds one	1265
thousand unit doses but is less than five thousand unit doses of	1266
L.S.D. in a solid form or equals or exceeds one hundred grams but	1267
is less than five hundred grams of L.S.D. in a liquid concentrate,	1268
liquid extract, or liquid distillate form and regardless of	1269
whether the offense was committed in the vicinity of a school or	1270
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	1271
of the first degree, and the court shall impose as a mandatory	1272
prison term one of the prison terms prescribed for a felony of the	1273
first degree.	1274

(g) If the amount of the drug involved equals or exceeds five	1275
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1276
five hundred grams of L.S.D. in a liquid concentrate, liquid	1277
extract, or liquid distillate form and regardless of whether the	1278
offense was committed in the vicinity of a school or in the	1279
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	1280
first degree, the offender is a major drug offender, and the court	1281
shall impose as a mandatory prison term the maximum prison term	1282
prescribed for a felony of the first degree and may impose an	1283
additional mandatory prison term prescribed for a major drug	1284
offender under division (D)(3)(b) of section 2929.14 of the	1285
Revised Code.	1286

(6) If the drug involved in the violation is heroin or a	1287
compound, mixture, preparation, or substance containing heroin,	1288
whoever violates division (A) of this section is guilty of	1289
trafficking in heroin. The penalty for the offense shall be	1290
determined as follows:	1291

(a) Except as otherwise provided in division (C)(6)(b), (c),	1292
(d), (e), (f), or (g) of this section, trafficking in heroin is a	1293
felony of the fifth degree, and division (C) of section 2929.13 of	1294
the Revised Code applies in determining whether to impose a prison	1295
term on the offender.	1296

(b) Except as otherwise provided in division (C)(6)(c), (d),	1297
(e), (f), or (g) of this section, if the offense was committed in	1298
the vicinity of a school or in the vicinity of a juvenile,	1299
trafficking in heroin is a felony of the fourth degree, and	1300
division (C) of section 2929.13 of the Revised Code applies in	1301
determining whether to impose a prison term on the offender.	1302

(c) Except as otherwise provided in this division, if the	1303
amount of the drug involved equals or exceeds ten unit doses but	1304
is less than fifty unit doses or equals or exceeds one gram but is	1305
less than five grams, trafficking in heroin is a felony of the	1306
fourth degree, and there is a presumption for a prison term for	1307
the offense. If the amount of the drug involved is within that	1308
range and if the offense was committed in the vicinity of a school	1309
or in the vicinity of a juvenile, trafficking in heroin is a	1310
felony of the third degree, and there is a presumption for a	1311
prison term for the offense.	1312

(d) Except as otherwise provided in this division, if the	1313
amount of the drug involved equals or exceeds fifty unit doses but	1314
is less than one hundred unit doses or equals or exceeds five	1315
grams but is less than ten grams, trafficking in heroin is a	1316
felony of the third degree, and there is a presumption for a	1317
prison term for the offense. If the amount of the drug involved is	1318
within that range and if the offense was committed in the vicinity	1319
of a school or in the vicinity of a juvenile, trafficking in	1320
heroin is a felony of the second degree, and there is a	1321
presumption for a prison term for the offense.	1322

(e) Except as otherwise provided in this division, if the	1323
amount of the drug involved equals or exceeds one hundred unit	1324
doses but is less than five hundred unit doses or equals or	1325
exceeds ten grams but is less than fifty grams, trafficking in	1326
heroin is a felony of the second degree, and the court shall	1327
impose as a mandatory prison term one of the prison terms	1328
prescribed for a felony of the second degree. If the amount of the	1329
drug involved is within that range and if the offense was	1330
committed in the vicinity of a school or in the vicinity of a	1331
juvenile, trafficking in heroin is a felony of the first degree,	1332
and the court shall impose as a mandatory prison term one of the	1333
prison terms prescribed for a felony of the first degree.	1334

(f) If the amount of the drug involved equals or exceeds five	1335
hundred unit doses but is less than two thousand five hundred unit	1336
doses or equals or exceeds fifty grams but is less than two	1337
hundred fifty grams and regardless of whether the offense was	1338
committed in the vicinity of a school or in the vicinity of a	1339
juvenile, trafficking in heroin is a felony of the first degree,	1340
and the court shall impose as a mandatory prison term one of the	1341
prison terms prescribed for a felony of the first degree.	1342

(g) If the amount of the drug involved equals or exceeds two	1343
thousand five hundred unit doses or equals or exceeds two hundred	1344
fifty grams and regardless of whether the offense was committed in	1345
the vicinity of a school or in the vicinity of a juvenile,	1346
trafficking in heroin is a felony of the first degree, the	1347
offender is a major drug offender, and the court shall impose as a	1348
mandatory prison term the maximum prison term prescribed for a	1349
felony of the first degree and may impose an additional mandatory	1350
prison term prescribed for a major drug offender under division	1351
(D)(3)(b) of section 2929.14 of the Revised Code.	1352

(7) If the drug involved in the violation is hashish or a	1353
compound, mixture, preparation, or substance containing hashish,	1354
whoever violates division (A) of this section is guilty of	1355
trafficking in hashish. The penalty for the offense shall be	1356
determined as follows:	1357

(a) Except as otherwise provided in division (C)(7)(b), (c),	1358
(d), (e), or (f) of this section, trafficking in hashish is a	1359
felony of the fifth degree, and division (C) of section 2929.13 of	1360
the Revised Code applies in determining whether to impose a prison	1361
term on the offender.	1362

(b) Except as otherwise provided in division (C)(7)(c), (d),	1363
(e), or (f) of this section, if the offense was committed in the	1364
vicinity of a school or in the vicinity of a juvenile, trafficking	1365
in hashish is a felony of the fourth degree, and division (C) of	1366
section 2929.13 of the Revised Code applies in determining whether	1367
to impose a prison term on the offender.	1368

(c) Except as otherwise provided in this division, if the	1369
amount of the drug involved equals or exceeds ten grams but is	1370
less than fifty grams of hashish in a solid form or equals or	1371
exceeds two grams but is less than ten grams of hashish in a	1372
liquid concentrate, liquid extract, or liquid distillate form,	1373
trafficking in hashish is a felony of the fourth degree, and	1374
division (C) of section 2929.13 of the Revised Code applies in	1375
determining whether to impose a prison term on the offender. If	1376
the amount of the drug involved is within that range and if the	1377
offense was committed in the vicinity of a school or in the	1378
vicinity of a juvenile, trafficking in hashish is a felony of the	1379
third degree, and division (C) of section 2929.13 of the Revised	1380
Code applies in determining whether to impose a prison term on the	1381
offender.	1382

(d) Except as otherwise provided in this division, if the	1383
amount of the drug involved equals or exceeds fifty grams but is	1384
less than two hundred fifty grams of hashish in a solid form or	1385
equals or exceeds ten grams but is less than fifty grams of	1386
hashish in a liquid concentrate, liquid extract, or liquid	1387
distillate form, trafficking in hashish is a felony of the third	1388
degree, and division (C) of section 2929.13 of the Revised Code	1389
applies in determining whether to impose a prison term on the	1390
offender. If the amount of the drug involved is within that range	1391
and if the offense was committed in the vicinity of a school or in	1392
the vicinity of a juvenile, trafficking in hashish is a felony of	1393
the second degree, and there is a presumption that a prison term	1394
shall be imposed for the offense.	1395

(e) Except as otherwise provided in this division, if the	1396
amount of the drug involved equals or exceeds two hundred fifty	1397
grams but is less than one thousand grams of hashish in a solid	1398
form or equals or exceeds fifty grams but is less than two hundred	1399
grams of hashish in a liquid concentrate, liquid extract, or	1400
liquid distillate form, trafficking in hashish is a felony of the	1401
third degree, and there is a presumption that a prison term shall	1402
be imposed for the offense. If the amount of the drug involved is	1403
within that range and if the offense was committed in the vicinity	1404
of a school or in the vicinity of a juvenile, trafficking in	1405
hashish is a felony of the second degree, and there is a	1406
presumption that a prison term shall be imposed for the offense.	1407

(f) Except as otherwise provided in this division, if the	1408
amount of the drug involved equals or exceeds one thousand grams	1409
of hashish in a solid form or equals or exceeds two hundred grams	1410
of hashish in a liquid concentrate, liquid extract, or liquid	1411
distillate form, trafficking in hashish is a felony of the second	1412
degree, and the court shall impose as a mandatory prison term the	1413
maximum prison term prescribed for a felony of the second degree.	1414
If the amount of the drug involved is within that range and if the	1415
offense was committed in the vicinity of a school or in the	1416
vicinity of a juvenile, trafficking in hashish is a felony of the	1417
first degree, and the court shall impose as a mandatory prison	1418
term the maximum prison term prescribed for a felony of the first	1419
degree.	1420

(8) If the drug involved in the violation is	1421
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1422
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1423
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1424
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	1425
compound, mixture, preparation, or substance containing	1426
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1427
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1428
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1429
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1430
whoever violates division (A) of this section is guilty of	1431
trafficking in spice. The penalty for the offense shall be	1432
determined as follows:	1433

(a) Except as otherwise provided in division (C)(8)(b) of	1434
this section, trafficking in spice is a felony of the fifth	1435
degree, and division (C) of section 2929.13 of the Revised Code	1436
applies in determining whether to impose a prison term on the	1437
offender.	1438

(b) If the offense was committed in the vicinity of a school	1439
or in the vicinity of a juvenile, trafficking in spice is a felony	1440
of the fourth degree, and division (C) of section 2929.13 of the	1441
Revised Code applies in determining whether to impose a prison	1442
term on the offender.	1443

(D) In addition to any prison term authorized or required by	1444
division (C) of this section and sections 2929.13 and 2929.14 of	1445
the Revised Code, and in addition to any other sanction imposed	1446
for the offense under this section or sections 2929.11 to 2929.18	1447
of the Revised Code, the court that sentences an offender who is	1448
convicted of or pleads guilty to a violation of division (A) of	1449
this section shall do all of the following that are applicable	1450
regarding the offender:	1451

(1) If the violation of division (A) of this section is a	1452
felony of the first, second, or third degree, the court shall	1453
impose upon the offender the mandatory fine specified for the	1454
offense under division (B)(1) of section 2929.18 of the Revised	1455
Code unless, as specified in that division, the court determines	1456
that the offender is indigent. Except as otherwise provided in	1457
division (H)(1) of this section, a mandatory fine or any other	1458
fine imposed for a violation of this section is subject to	1459
division (F) of this section. If a person is charged with a	1460
violation of this section that is a felony of the first, second,	1461
or third degree, posts bail, and forfeits the bail, the clerk of	1462
the court shall pay the forfeited bail pursuant to divisions	1463
(D)(1) and (F) of this section, as if the forfeited bail was a	1464
fine imposed for a violation of this section. If any amount of the	1465
forfeited bail remains after that payment and if a fine is imposed	1466
under division (H)(1) of this section, the clerk of the court	1467
shall pay the remaining amount of the forfeited bail pursuant to	1468
divisions (H)(2) and (3) of this section, as if that remaining	1469
amount was a fine imposed under division (H)(1) of this section.	1470

(2) The court shall suspend the driver's or commercial	1471
driver's license or permit of the offender in accordance with	1472
division (G) of this section.	1473

(3) If the offender is a professionally licensed person, the	1474
court immediately shall comply with section 2925.38 of the Revised	1475
Code.	1476

(E) When a person is charged with the sale of or offer to	1477
sell a bulk amount or a multiple of a bulk amount of a controlled	1478
substance, the jury, or the court trying the accused, shall	1479
determine the amount of the controlled substance involved at the	1480
time of the offense and, if a guilty verdict is returned, shall	1481
return the findings as part of the verdict. In any such case, it	1482
is unnecessary to find and return the exact amount of the	1483
controlled substance involved, and it is sufficient if the finding	1484
and return is to the effect that the amount of the controlled	1485
substance involved is the requisite amount, or that the amount of	1486
the controlled substance involved is less than the requisite	1487
amount.	1488

(F)(1) Notwithstanding any contrary provision of section	1489
3719.21 of the Revised Code and except as provided in division (H)	1490
of this section, the clerk of the court shall pay any mandatory	1491
fine imposed pursuant to division (D)(1) of this section and any	1492
fine other than a mandatory fine that is imposed for a violation	1493
of this section pursuant to division (A) or (B)(5) of section	1494
2929.18 of the Revised Code to the county, township, municipal	1495
corporation, park district, as created pursuant to section 511.18	1496
or 1545.04 of the Revised Code, or state law enforcement agencies	1497
in this state that primarily were responsible for or involved in	1498
making the arrest of, and in prosecuting, the offender. However,	1499
the clerk shall not pay a mandatory fine so imposed to a law	1500
enforcement agency unless the agency has adopted a written	1501
internal control policy under division (F)(2) of this section that	1502
addresses the use of the fine moneys that it receives. Each agency	1503
shall use the mandatory fines so paid to subsidize the agency's	1504
law enforcement efforts that pertain to drug offenses, in	1505
accordance with the written internal control policy adopted by the	1506
recipient agency under division (F)(2) of this section.	1507

(2)(a) Prior to receiving any fine moneys under division	1508
(F)(1) of this section or division (B) of section 2925.42 of the	1509
Revised Code, a law enforcement agency shall adopt a written	1510
internal control policy that addresses the agency's use and	1511
disposition of all fine moneys so received and that provides for	1512
the keeping of detailed financial records of the receipts of those	1513
fine moneys, the general types of expenditures made out of those	1514
fine moneys, and the specific amount of each general type of	1515
expenditure. The policy shall not provide for or permit the	1516
identification of any specific expenditure that is made in an	1517
ongoing investigation. All financial records of the receipts of	1518
those fine moneys, the general types of expenditures made out of	1519
those fine moneys, and the specific amount of each general type of	1520
expenditure by an agency are public records open for inspection	1521
under section 149.43 of the Revised Code. Additionally, a written	1522
internal control policy adopted under this division is such a	1523
public record, and the agency that adopted it shall comply with	1524
it.	1525

(b) Each law enforcement agency that receives in any calendar	1526
year any fine moneys under division (F)(1) of this section or	1527
division (B) of section 2925.42 of the Revised Code shall prepare	1528
a report covering the calendar year that cumulates all of the	1529
information contained in all of the public financial records kept	1530
by the agency pursuant to division (F)(2)(a) of this section for	1531
that calendar year, and shall send a copy of the cumulative	1532
report, no later than the first day of March in the calendar year	1533
following the calendar year covered by the report, to the attorney	1534
general. Each report received by the attorney general is a public	1535
record open for inspection under section 149.43 of the Revised	1536
Code. Not later than the fifteenth day of April in the calendar	1537
year in which the reports are received, the attorney general shall	1538
send to the president of the senate and the speaker of the house	1539
of representatives a written notification that does all of the	1540
following:	1541

(i) Indicates that the attorney general has received from law	1542
enforcement agencies reports of the type described in this	1543
division that cover the previous calendar year and indicates that	1544
the reports were received under this division;	1545

(ii) Indicates that the reports are open for inspection under	1546
section 149.43 of the Revised Code;	1547

(iii) Indicates that the attorney general will provide a copy	1548
of any or all of the reports to the president of the senate or the	1549
speaker of the house of representatives upon request.	1550

(3) As used in division (F) of this section:

1551

(a) "Law enforcement agencies" includes, but is not limited	1552
to, the state board of pharmacy and the office of a prosecutor.	1553

(b) "Prosecutor" has the same meaning as in section 2935.01	1554
of the Revised Code.	1555

(G) When required under division (D)(2) of this section or	1556
any other provision of this chapter, the court shall suspend for	1557
not less than six months or more than five years the driver's or	1558
commercial driver's license or permit of any person who is	1559
convicted of or pleads guilty to any violation of this section or	1560
any other specified provision of this chapter. If an offender's	1561
driver's or commercial driver's license or permit is suspended	1562
pursuant to this division, the offender, at any time after the	1563
expiration of two years from the day on which the offender's	1564
sentence was imposed or from the day on which the offender finally	1565
was released from a prison term under the sentence, whichever is	1566
later, may file a motion with the sentencing court requesting	1567
termination of the suspension; upon the filing of such a motion	1568
and the court's finding of good cause for the termination, the	1569
court may terminate the suspension.	1570

(H)(1) In addition to any prison term authorized or required	1571
by division (C) of this section and sections 2929.13 and 2929.14	1572
of the Revised Code, in addition to any other penalty or sanction	1573
imposed for the offense under this section or sections 2929.11 to	1574
2929.18 of the Revised Code, and in addition to the forfeiture of	1575
property in connection with the offense as prescribed in Chapter	1576
2981. of the Revised Code, the court that sentences an offender	1577
who is convicted of or pleads guilty to a violation of division	1578
(A) of this section may impose upon the offender an additional	1579
fine specified for the offense in division (B)(4) of section	1580
2929.18 of the Revised Code. A fine imposed under division (H)(1)	1581
of this section is not subject to division (F) of this section and	1582
shall be used solely for the support of one or more eligible	1583
alcohol and drug addiction programs in accordance with divisions	1584
(H)(2) and (3) of this section.	1585

(2) The court that imposes a fine under division (H)(1) of	1586
this section shall specify in the judgment that imposes the fine	1587
one or more eligible alcohol and drug addiction programs for the	1588
support of which the fine money is to be used. No alcohol and drug	1589
addiction program shall receive or use money paid or collected in	1590
satisfaction of a fine imposed under division (H)(1) of this	1591
section unless the program is specified in the judgment that	1592
imposes the fine. No alcohol and drug addiction program shall be	1593
specified in the judgment unless the program is an eligible	1594
alcohol and drug addiction program and, except as otherwise	1595
provided in division (H)(2) of this section, unless the program is	1596
located in the county in which the court that imposes the fine is	1597
located or in a county that is immediately contiguous to the	1598
county in which that court is located. If no eligible alcohol and	1599
drug addiction program is located in any of those counties, the	1600
judgment may specify an eligible alcohol and drug addiction	1601
program that is located anywhere within this state.	1602

(3) Notwithstanding any contrary provision of section 3719.21	1603
of the Revised Code, the clerk of the court shall pay any fine	1604
imposed under division (H)(1) of this section to the eligible	1605
alcohol and drug addiction program specified pursuant to division	1606
(H)(2) of this section in the judgment. The eligible alcohol and	1607
drug addiction program that receives the fine moneys shall use the	1608
moneys only for the alcohol and drug addiction services identified	1609
in the application for certification under section 3793.06 of the	1610
Revised Code or in the application for a license under section	1611
3793.11 of the Revised Code filed with the department of alcohol	1612
and drug addiction services by the alcohol and drug addiction	1613
program specified in the judgment.	1614

(4) Each alcohol and drug addiction program that receives in	1615
a calendar year any fine moneys under division (H)(3) of this	1616
section shall file an annual report covering that calendar year	1617
with the court of common pleas and the board of county	1618
commissioners of the county in which the program is located, with	1619
the court of common pleas and the board of county commissioners of	1620
each county from which the program received the moneys if that	1621
county is different from the county in which the program is	1622
located, and with the attorney general. The alcohol and drug	1623
addiction program shall file the report no later than the first	1624
day of March in the calendar year following the calendar year in	1625
which the program received the fine moneys. The report shall	1626
include statistics on the number of persons served by the alcohol	1627
and drug addiction program, identify the types of alcohol and drug	1628
addiction services provided to those persons, and include a	1629
specific accounting of the purposes for which the fine moneys	1630
received were used. No information contained in the report shall	1631
identify, or enable a person to determine the identity of, any	1632
person served by the alcohol and drug addiction program. Each	1633
report received by a court of common pleas, a board of county	1634
commissioners, or the attorney general is a public record open for	1635
inspection under section 149.43 of the Revised Code.	1636

(5) As used in divisions (H)(1) to (5) of this section:

1637

(a) "Alcohol and drug addiction program" and "alcohol and	1638
drug addiction services" have the same meanings as in section	1639
3793.01 of the Revised Code.	1640

(b) "Eligible alcohol and drug addiction program" means an	1641
alcohol and drug addiction program that is certified under section	1642
3793.06 of the Revised Code or licensed under section 3793.11 of	1643
the Revised Code by the department of alcohol and drug addiction	1644
services.	1645

(I) As used in this section, "drug" includes any substance	1646
that is represented to be a drug.	1647

Sec. 2925.11. (A) No person shall knowingly obtain, possess,	1648
or use a controlled substance.	1649

(B) This section does not apply to any of the following:

1650

(1) Manufacturers, licensed health professionals authorized	1651
to prescribe drugs, pharmacists, owners of pharmacies, and other	1652
persons whose conduct was in accordance with Chapters 3719.,	1653
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	1654

(2) If the offense involves an anabolic steroid, any person	1655
who is conducting or participating in a research project involving	1656
the use of an anabolic steroid if the project has been approved by	1657
the United States food and drug administration;	1658

(3) Any person who sells, offers for sale, prescribes,	1659
dispenses, or administers for livestock or other nonhuman species	1660
an anabolic steroid that is expressly intended for administration	1661
through implants to livestock or other nonhuman species and	1662
approved for that purpose under the "Federal Food, Drug, and	1663
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	1664
and is sold, offered for sale, prescribed, dispensed, or	1665
administered for that purpose in accordance with that act;	1666

(4) Any person who obtained the controlled substance pursuant	1667
to a lawful prescription issued by a licensed health professional	1668
authorized to prescribe drugs.	1669

(C) Whoever violates division (A) of this section is guilty	1670
of one of the following:	1671

(1) If the drug involved in the violation is a compound,	1672
mixture, preparation, or substance included in schedule I or II,	1673
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	1674
1-Butyl-3-(1-naphthoyl)indole,	1675
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1676
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1677
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1678
cocaine, L.S.D., heroin, and hashish, whoever violates division	1679
(A) of this section is guilty of aggravated possession of drugs.	1680
The penalty for the offense shall be determined as follows:	1681

(a) Except as otherwise provided in division (C)(1)(b), (c),	1682
(d), or (e) of this section, aggravated possession of drugs is a	1683
felony of the fifth degree, and division (B) of section 2929.13 of	1684
the Revised Code applies in determining whether to impose a prison	1685
term on the offender.	1686

(b) If the amount of the drug involved equals or exceeds the	1687
bulk amount but is less than five times the bulk amount,	1688
aggravated possession of drugs is a felony of the third degree,	1689
and there is a presumption for a prison term for the offense.	1690

(c) If the amount of the drug involved equals or exceeds five	1691
times the bulk amount but is less than fifty times the bulk	1692
amount, aggravated possession of drugs is a felony of the second	1693
degree, and the court shall impose as a mandatory prison term one	1694
of the prison terms prescribed for a felony of the second degree.	1695

(d) If the amount of the drug involved equals or exceeds	1696
fifty times the bulk amount but is less than one hundred times the	1697
bulk amount, aggravated possession of drugs is a felony of the	1698
first degree, and the court shall impose as a mandatory prison	1699
term one of the prison terms prescribed for a felony of the first	1700
degree.	1701

(e) If the amount of the drug involved equals or exceeds one	1702
hundred times the bulk amount, aggravated possession of drugs is a	1703
felony of the first degree, the offender is a major drug offender,	1704
and the court shall impose as a mandatory prison term the maximum	1705
prison term prescribed for a felony of the first degree and may	1706
impose an additional mandatory prison term prescribed for a major	1707
drug offender under division (D)(3)(b) of section 2929.14 of the	1708
Revised Code.	1709

(2) If the drug involved in the violation is a compound,	1710
mixture, preparation, or substance included in schedule III, IV,	1711
or V, whoever violates division (A) of this section is guilty of	1712
possession of drugs. The penalty for the offense shall be	1713
determined as follows:	1714

(a) Except as otherwise provided in division (C)(2)(b), (c),	1715
or (d) of this section, possession of drugs is a misdemeanor of	1716
the first degree or, if the offender previously has been convicted	1717
of a drug abuse offense, a felony of the fifth degree.	1718

(b) If the amount of the drug involved equals or exceeds the	1719
bulk amount but is less than five times the bulk amount,	1720
possession of drugs is a felony of the fourth degree, and division	1721
(C) of section 2929.13 of the Revised Code applies in determining	1722
whether to impose a prison term on the offender.	1723

(c) If the amount of the drug involved equals or exceeds five	1724
times the bulk amount but is less than fifty times the bulk	1725
amount, possession of drugs is a felony of the third degree, and	1726
there is a presumption for a prison term for the offense.	1727

(d) If the amount of the drug involved equals or exceeds	1728
fifty times the bulk amount, possession of drugs is a felony of	1729
the second degree, and the court shall impose upon the offender as	1730
a mandatory prison term one of the prison terms prescribed for a	1731
felony of the second degree.	1732

(3) If the drug involved in the violation is marihuana or a	1733
compound, mixture, preparation, or substance containing marihuana	1734
other than hashish, whoever violates division (A) of this section	1735
is guilty of possession of marihuana. The penalty for the offense	1736
shall be determined as follows:	1737

(a) Except as otherwise provided in division (C)(3)(b), (c),	1738
(d), (e), or (f) of this section, possession of marihuana is a	1739
minor misdemeanor.	1740

(b) If the amount of the drug involved equals or exceeds one	1741
hundred grams but is less than two hundred grams, possession of	1742
marihuana is a misdemeanor of the fourth degree.	1743

(c) If the amount of the drug involved equals or exceeds two	1744
hundred grams but is less than one thousand grams, possession of	1745
marihuana is a felony of the fifth degree, and division (B) of	1746
section 2929.13 of the Revised Code applies in determining whether	1747
to impose a prison term on the offender.	1748

(d) If the amount of the drug involved equals or exceeds one	1749
thousand grams but is less than five thousand grams, possession of	1750
marihuana is a felony of the third degree, and division (C) of	1751
section 2929.13 of the Revised Code applies in determining whether	1752
to impose a prison term on the offender.	1753

(e) If the amount of the drug involved equals or exceeds five	1754
thousand grams but is less than twenty thousand grams, possession	1755
of marihuana is a felony of the third degree, and there is a	1756
presumption that a prison term shall be imposed for the offense.	1757

(f) If the amount of the drug involved equals or exceeds	1758
twenty thousand grams, possession of marihuana is a felony of the	1759
second degree, and the court shall impose as a mandatory prison	1760
term the maximum prison term prescribed for a felony of the second	1761
degree.	1762

(4) If the drug involved in the violation is cocaine or a	1763
compound, mixture, preparation, or substance containing cocaine,	1764
whoever violates division (A) of this section is guilty of	1765
possession of cocaine. The penalty for the offense shall be	1766
determined as follows:	1767

(a) Except as otherwise provided in division (C)(4)(b), (c),	1768
(d), (e), or (f) of this section, possession of cocaine is a	1769
felony of the fifth degree, and division (B) of section 2929.13 of	1770
the Revised Code applies in determining whether to impose a prison	1771
term on the offender.	1772

(b) If the amount of the drug involved equals or exceeds five	1773
grams but is less than twenty-five grams of cocaine that is not	1774
crack cocaine or equals or exceeds one gram but is less than five	1775
grams of crack cocaine, possession of cocaine is a felony of the	1776
fourth degree, and there is a presumption for a prison term for	1777
the offense.	1778

(c) If the amount of the drug involved equals or exceeds	1779
twenty-five grams but is less than one hundred grams of cocaine	1780
that is not crack cocaine or equals or exceeds five grams but is	1781
less than ten grams of crack cocaine, possession of cocaine is a	1782
felony of the third degree, and the court shall impose as a	1783
mandatory prison term one of the prison terms prescribed for a	1784
felony of the third degree.	1785

(d) If the amount of the drug involved equals or exceeds one	1786
hundred grams but is less than five hundred grams of cocaine that	1787
is not crack cocaine or equals or exceeds ten grams but is less	1788
than twenty-five grams of crack cocaine, possession of cocaine is	1789
a felony of the second degree, and the court shall impose as a	1790
mandatory prison term one of the prison terms prescribed for a	1791
felony of the second degree.	1792

(e) If the amount of the drug involved equals or exceeds five	1793
hundred grams but is less than one thousand grams of cocaine that	1794
is not crack cocaine or equals or exceeds twenty-five grams but is	1795
less than one hundred grams of crack cocaine, possession of	1796
cocaine is a felony of the first degree, and the court shall	1797
impose as a mandatory prison term one of the prison terms	1798
prescribed for a felony of the first degree.	1799

(f) If the amount of the drug involved equals or exceeds one	1800
thousand grams of cocaine that is not crack cocaine or equals or	1801
exceeds one hundred grams of crack cocaine, possession of cocaine	1802
is a felony of the first degree, the offender is a major drug	1803
offender, and the court shall impose as a mandatory prison term	1804
the maximum prison term prescribed for a felony of the first	1805
degree and may impose an additional mandatory prison term	1806
prescribed for a major drug offender under division (D)(3)(b) of	1807
section 2929.14 of the Revised Code.	1808

(5) If the drug involved in the violation is L.S.D., whoever	1809
violates division (A) of this section is guilty of possession of	1810
L.S.D. The penalty for the offense shall be determined as follows:	1811

(a) Except as otherwise provided in division (C)(5)(b), (c),	1812
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1813
of the fifth degree, and division (B) of section 2929.13 of the	1814
Revised Code applies in determining whether to impose a prison	1815
term on the offender.	1816

(b) If the amount of L.S.D. involved equals or exceeds ten	1817
unit doses but is less than fifty unit doses of L.S.D. in a solid	1818
form or equals or exceeds one gram but is less than five grams of	1819
L.S.D. in a liquid concentrate, liquid extract, or liquid	1820
distillate form, possession of L.S.D. is a felony of the fourth	1821
degree, and division (C) of section 2929.13 of the Revised Code	1822
applies in determining whether to impose a prison term on the	1823
offender.	1824

(c) If the amount of L.S.D. involved equals or exceeds fifty	1825
unit doses, but is less than two hundred fifty unit doses of	1826
L.S.D. in a solid form or equals or exceeds five grams but is less	1827
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1828
extract, or liquid distillate form, possession of L.S.D. is a	1829
felony of the third degree, and there is a presumption for a	1830
prison term for the offense.	1831

(d) If the amount of L.S.D. involved equals or exceeds two	1832
hundred fifty unit doses but is less than one thousand unit doses	1833
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1834
but is less than one hundred grams of L.S.D. in a liquid	1835
concentrate, liquid extract, or liquid distillate form, possession	1836
of L.S.D. is a felony of the second degree, and the court shall	1837
impose as a mandatory prison term one of the prison terms	1838
prescribed for a felony of the second degree.	1839

(e) If the amount of L.S.D. involved equals or exceeds one	1840
thousand unit doses but is less than five thousand unit doses of	1841
L.S.D. in a solid form or equals or exceeds one hundred grams but	1842
is less than five hundred grams of L.S.D. in a liquid concentrate,	1843
liquid extract, or liquid distillate form, possession of L.S.D. is	1844
a felony of the first degree, and the court shall impose as a	1845
mandatory prison term one of the prison terms prescribed for a	1846
felony of the first degree.	1847

(f) If the amount of L.S.D. involved equals or exceeds five	1848
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1849
five hundred grams of L.S.D. in a liquid concentrate, liquid	1850
extract, or liquid distillate form, possession of L.S.D. is a	1851
felony of the first degree, the offender is a major drug offender,	1852
and the court shall impose as a mandatory prison term the maximum	1853
prison term prescribed for a felony of the first degree and may	1854
impose an additional mandatory prison term prescribed for a major	1855
drug offender under division (D)(3)(b) of section 2929.14 of the	1856
Revised Code.	1857

(6) If the drug involved in the violation is heroin or a	1858
compound, mixture, preparation, or substance containing heroin,	1859
whoever violates division (A) of this section is guilty of	1860
possession of heroin. The penalty for the offense shall be	1861
determined as follows:	1862

(a) Except as otherwise provided in division (C)(6)(b), (c),	1863
(d), (e), or (f) of this section, possession of heroin is a felony	1864
of the fifth degree, and division (B) of section 2929.13 of the	1865
Revised Code applies in determining whether to impose a prison	1866
term on the offender.	1867

(b) If the amount of the drug involved equals or exceeds ten	1868
unit doses but is less than fifty unit doses or equals or exceeds	1869
one gram but is less than five grams, possession of heroin is a	1870
felony of the fourth degree, and division (C) of section 2929.13	1871
of the Revised Code applies in determining whether to impose a	1872
prison term on the offender.	1873

(c) If the amount of the drug involved equals or exceeds	1874
fifty unit doses but is less than one hundred unit doses or equals	1875
or exceeds five grams but is less than ten grams, possession of	1876
heroin is a felony of the third degree, and there is a presumption	1877
for a prison term for the offense.	1878

(d) If the amount of the drug involved equals or exceeds one	1879
hundred unit doses but is less than five hundred unit doses or	1880
equals or exceeds ten grams but is less than fifty grams,	1881
possession of heroin is a felony of the second degree, and the	1882
court shall impose as a mandatory prison term one of the prison	1883
terms prescribed for a felony of the second degree.	1884

(e) If the amount of the drug involved equals or exceeds five	1885
hundred unit doses but is less than two thousand five hundred unit	1886
doses or equals or exceeds fifty grams but is less than two	1887
hundred fifty grams, possession of heroin is a felony of the first	1888
degree, and the court shall impose as a mandatory prison term one	1889
of the prison terms prescribed for a felony of the first degree.	1890

(f) If the amount of the drug involved equals or exceeds two	1891
thousand five hundred unit doses or equals or exceeds two hundred	1892
fifty grams, possession of heroin is a felony of the first degree,	1893
the offender is a major drug offender, and the court shall impose	1894
as a mandatory prison term the maximum prison term prescribed for	1895
a felony of the first degree and may impose an additional	1896
mandatory prison term prescribed for a major drug offender under	1897
division (D)(3)(b) of section 2929.14 of the Revised Code.	1898

(7) If the drug involved in the violation is hashish or a	1899
compound, mixture, preparation, or substance containing hashish,	1900
whoever violates division (A) of this section is guilty of	1901
possession of hashish. The penalty for the offense shall be	1902
determined as follows:	1903

(a) Except as otherwise provided in division (C)(7)(b), (c),	1904
(d), (e), or (f) of this section, possession of hashish is a minor	1905
misdemeanor.	1906

(b) If the amount of the drug involved equals or exceeds five	1907
grams but is less than ten grams of hashish in a solid form or	1908
equals or exceeds one gram but is less than two grams of hashish	1909
in a liquid concentrate, liquid extract, or liquid distillate	1910
form, possession of hashish is a misdemeanor of the fourth degree.	1911

(c) If the amount of the drug involved equals or exceeds ten	1912
grams but is less than fifty grams of hashish in a solid form or	1913
equals or exceeds two grams but is less than ten grams of hashish	1914
in a liquid concentrate, liquid extract, or liquid distillate	1915
form, possession of hashish is a felony of the fifth degree, and	1916
division (B) of section 2929.13 of the Revised Code applies in	1917
determining whether to impose a prison term on the offender.	1918

(d) If the amount of the drug involved equals or exceeds	1919
fifty grams but is less than two hundred fifty grams of hashish in	1920
a solid form or equals or exceeds ten grams but is less than fifty	1921
grams of hashish in a liquid concentrate, liquid extract, or	1922
liquid distillate form, possession of hashish is a felony of the	1923
third degree, and division (C) of section 2929.13 of the Revised	1924
Code applies in determining whether to impose a prison term on the	1925
offender.	1926

(e) If the amount of the drug involved equals or exceeds two	1927
hundred fifty grams but is less than one thousand grams of hashish	1928
in a solid form or equals or exceeds fifty grams but is less than	1929
two hundred grams of hashish in a liquid concentrate, liquid	1930
extract, or liquid distillate form, possession of hashish is a	1931
felony of the third degree, and there is a presumption that a	1932
prison term shall be imposed for the offense.	1933

(f) If the amount of the drug involved equals or exceeds one	1934
thousand grams of hashish in a solid form or equals or exceeds two	1935
hundred grams of hashish in a liquid concentrate, liquid extract,	1936
or liquid distillate form, possession of hashish is a felony of	1937
the second degree, and the court shall impose as a mandatory	1938
prison term the maximum prison term prescribed for a felony of the	1939
second degree.	1940

(8) If the drug involved is 1-Pentyl-3-(1-naphthoyl)indole,	1941
1-Butyl-3-(1-naphthoyl)indole,	1942
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1943
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1944
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	1945
compound, mixture, preparation, or substance containing	1946
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1947
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1948
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1949
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1950
whoever violates division (A) of this section is guilty of	1951
possession of spice, a minor misdemeanor.	1952

(D) Arrest or conviction for a minor misdemeanor violation of	1953
this section does not constitute a criminal record and need not be	1954
reported by the person so arrested or convicted in response to any	1955
inquiries about the person's criminal record, including any	1956
inquiries contained in any application for employment, license, or	1957
other right or privilege, or made in connection with the person's	1958
appearance as a witness.	1959

(E) In addition to any prison term or jail term authorized or	1960
required by division (C) of this section and sections 2929.13,	1961
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1962
addition to any other sanction that is imposed for the offense	1963
under this section, sections 2929.11 to 2929.18, or sections	1964
2929.21 to 2929.28 of the Revised Code, the court that sentences	1965
an offender who is convicted of or pleads guilty to a violation of	1966
division (A) of this section shall do all of the following that	1967
are applicable regarding the offender:	1968

(1)(a) If the violation is a felony of the first, second, or	1969
third degree, the court shall impose upon the offender the	1970
mandatory fine specified for the offense under division (B)(1) of	1971
section 2929.18 of the Revised Code unless, as specified in that	1972
division, the court determines that the offender is indigent.	1973

(b) Notwithstanding any contrary provision of section 3719.21	1974
of the Revised Code, the clerk of the court shall pay a mandatory	1975
fine or other fine imposed for a violation of this section	1976
pursuant to division (A) of section 2929.18 of the Revised Code in	1977
accordance with and subject to the requirements of division (F) of	1978
section 2925.03 of the Revised Code. The agency that receives the	1979
fine shall use the fine as specified in division (F) of section	1980
2925.03 of the Revised Code.	1981

(c) If a person is charged with a violation of this section	1982
that is a felony of the first, second, or third degree, posts	1983
bail, and forfeits the bail, the clerk shall pay the forfeited	1984
bail pursuant to division (E)(1)(b) of this section as if it were	1985
a mandatory fine imposed under division (E)(1)(a) of this section.	1986

(2) The court shall suspend for not less than six months or	1987
more than five years the offender's driver's or commercial	1988
driver's license or permit.	1989

(3) If the offender is a professionally licensed person, in	1990
addition to any other sanction imposed for a violation of this	1991
section, the court immediately shall comply with section 2925.38	1992
of the Revised Code.	1993

(F) It is an affirmative defense, as provided in section	1994
2901.05 of the Revised Code, to a charge of a fourth degree felony	1995
violation under this section that the controlled substance that	1996
gave rise to the charge is in an amount, is in a form, is	1997
prepared, compounded, or mixed with substances that are not	1998
controlled substances in a manner, or is possessed under any other	1999
circumstances, that indicate that the substance was possessed	2000
solely for personal use. Notwithstanding any contrary provision of	2001
this section, if, in accordance with section 2901.05 of the	2002
Revised Code, an accused who is charged with a fourth degree	2003
felony violation of division (C)(2), (4), (5), or (6) of this	2004
section sustains the burden of going forward with evidence of and	2005
establishes by a preponderance of the evidence the affirmative	2006
defense described in this division, the accused may be prosecuted	2007
for and may plead guilty to or be convicted of a misdemeanor	2008
violation of division (C)(2) of this section or a fifth degree	2009
felony violation of division (C)(4), (5), or (6) of this section	2010
respectively.	2011

(G) When a person is charged with possessing a bulk amount or	2012
multiple of a bulk amount, division (E) of section 2925.03 of the	2013
Revised Code applies regarding the determination of the amount of	2014
the controlled substance involved at the time of the offense.	2015

Sec. 3719.01. As used in this chapter:

2016

(A) "Administer" means the direct application of a drug,	2017
whether by injection, inhalation, ingestion, or any other means to	2018
a person or an animal.	2019

(B) "Drug enforcement administration" means the drug	2020
enforcement administration of the United States department of	2021
justice or its successor agency.	2022

(C) "Controlled substance" means a drug, compound, mixture,	2023
preparation, or substance included in schedule I, II, III, IV, or	2024
V.	2025

(D) "Dangerous drug" has the same meaning as in section	2026
4729.01 of the Revised Code.	2027

(E) "Dispense" means to sell, leave with, give away, dispose	2028
of, or deliver.	2029

(F) "Distribute" means to deal in, ship, transport, or	2030
deliver but does not include administering or dispensing a drug.	2031

(G) "Drug" has the same meaning as in section 4729.01 of the	2032
Revised Code.	2033

(H) "Drug abuse offense," "felony drug abuse offense,"	2034
"cocaine," and "hashish" have the same meanings as in section	2035
2925.01 of the Revised Code.	2036

(I) "Federal drug abuse control laws" means the	2037
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84	2038
Stat. 1242, 21 U.S.C. 801, as amended.	2039

(J) "Hospital" means an institution for the care and	2040
treatment of the sick and injured that is certified by the	2041
department of health and approved by the state board of pharmacy	2042
as proper to be entrusted with the custody of controlled	2043
substances and the professional use of controlled substances.	2044

(K) "Hypodermic" means a hypodermic syringe or needle, or	2045
other instrument or device for the injection of medication.	2046

(L) "Isomer," except as otherwise expressly stated, means the	2047
optical isomer.	2048

(M) "Laboratory" means a laboratory approved by the state	2049
board of pharmacy as proper to be entrusted with the custody of	2050
controlled substances and the use of controlled substances for	2051
scientific and clinical purposes and for purposes of instruction.	2052

(N) "Manufacturer" means a person who manufactures a	2053
controlled substance, as "manufacture" is defined in section	2054
3715.01 of the Revised Code.	2055

(O) "Marihuana" means all parts of a plant of the genus	2056
cannabis, whether growing or not; the seeds of a plant of that	2057
type; the resin extracted from a part of a plant of that type; and	2058
every compound, manufacture, salt, derivative, mixture, or	2059
preparation of a plant of that type or of its seeds or resin.	2060
"Marihuana" does not include the mature stalks of the plant, fiber	2061
produced from the stalks, oils or cake made from the seeds of the	2062
plant, or any other compound, manufacture, salt, derivative,	2063
mixture, or preparation of the mature stalks, except the resin	2064
extracted from the mature stalks, fiber, oil or cake, or the	2065
sterilized seed of the plant that is incapable of germination.	2066

(P) "Narcotic drugs" means coca leaves, opium, isonipecaine,	2067
amidone, isoamidone, ketobemidone, as defined in this division,	2068
and every substance not chemically distinguished from them and	2069
every drug, other than cannabis, that may be included in the	2070
meaning of "narcotic drug" under the federal drug abuse control	2071
laws. As used in this division:	2072

(1) "Coca leaves" includes cocaine and any compound,	2073
manufacture, salt, derivative, mixture, or preparation of coca	2074
leaves, except derivatives of coca leaves, that does not contain	2075
cocaine, ecgonine, or substances from which cocaine or ecgonine	2076
may be synthesized or made.	2077

(2) "Isonipecaine" means any substance identified chemically	2078
as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or	2079
any salt thereof, by whatever trade name designated.	2080

(3) "Amidone" means any substance identified chemically as	2081
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by	2082
whatever trade name designated.	2083

(4) "Isoamidone" means any substance identified chemically as	2084
4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt	2085
thereof, by whatever trade name designated.	2086

(5) "Ketobemidone" means any substance identified chemically	2087
as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone	2088
hydrochloride, or any salt thereof, by whatever trade name	2089
designated.	2090

(Q) "Official written order" means an order written on a form	2091
provided for that purpose by the director of the United States	2092
drug enforcement administration, under any laws of the United	2093
States making provision for the order, if the order forms are	2094
authorized and required by federal law.	2095

(R) "Opiate" means any substance having an addiction-forming	2096
or addiction-sustaining liability similar to morphine or being	2097
capable of conversion into a drug having addiction-forming or	2098
addiction-sustaining liability. "Opiate" does not include, unless	2099
specifically designated as controlled under section 3719.41 of the	2100
Revised Code, the dextrorotatory isomer of	2101
3-methoxy-N-methylmorphinan and its salts (dextro-methorphan).	2102
"Opiate" does include its racemic and levoratory forms.	2103

(S) "Opium poppy" means the plant of the species papaver	2104
somniferum L., except its seeds.	2105

(T) "Person" means any individual, corporation, government,	2106
governmental subdivision or agency, business trust, estate, trust,	2107
partnership, association, or other legal entity.	2108

(U) "Pharmacist" means a person licensed under Chapter 4729.	2109
of the Revised Code to engage in the practice of pharmacy.	2110

(V) "Pharmacy" has the same meaning as in section 4729.01 of	2111
the Revised Code.	2112

(W) "Poison" means any drug, chemical, or preparation likely	2113
to be deleterious or destructive to adult human life in quantities	2114
of four grams or less.	2115

(X) "Poppy straw" means all parts, except the seeds, of the	2116
opium poppy, after mowing.	2117

(Y) "Licensed health professional authorized to prescribe	2118
drugs," "prescriber," and "prescription" have the same meanings as	2119
in section 4729.01 of the Revised Code.	2120

(Z) "Registry number" means the number assigned to each	2121
person registered under the federal drug abuse control laws.	2122

(AA) "Sale" includes delivery, barter, exchange, transfer, or	2123
gift, or offer thereof, and each transaction of those natures made	2124
by any person, whether as principal, proprietor, agent, servant,	2125
or employee.	2126

(BB) "Schedule I," "schedule II," "schedule III," "schedule	2127
IV," and "schedule V" mean controlled substance schedules I, II,	2128
III, IV, and V, respectively, established pursuant to section	2129
3719.41 of the Revised Code, as amended pursuant to section	2130
3719.43 or 3719.44 of the Revised Code.	2131

(CC) "Wholesaler" means a person who, on official written	2132
orders other than prescriptions, supplies controlled substances	2133
that the person has not manufactured, produced, or prepared	2134
personally and includes a "wholesale distributor of dangerous	2135
drugs" as defined in section 4729.01 of the Revised Code.	2136

(DD) "Animal shelter" means a facility operated by a humane	2137
society or any society organized under Chapter 1717. of the	2138
Revised Code or a dog pound operated pursuant to Chapter 955. of	2139
the Revised Code.	2140

(EE) "Terminal distributor of dangerous drugs" has the same	2141
meaning as in section 4729.01 of the Revised Code.	2142

(FF) "Category III license" means a license issued to a	2143
terminal distributor of dangerous drugs as set forth in section	2144
4729.54 of the Revised Code.	2145

(GG) "Prosecutor" has the same meaning as in section 2935.01	2146
of the Revised Code.	2147

(HH)(1) "Controlled substance analog" means, except as	2148
provided in division (HH)(2) of this section, a substance to which	2149
both of the following apply:	2150

(a) The chemical structure of the substance is substantially	2151
similar to the structure of a controlled substance in schedule I	2152
or II.	2153

(b) One of the following applies regarding the substance:

2154

(i) The substance has a stimulant, depressant, or	2155
hallucinogenic effect on the central nervous system that is	2156
substantially similar to or greater than the stimulant,	2157
depressant, or hallucinogenic effect on the central nervous system	2158
of a controlled substance in schedule I or II.	2159

(ii) With respect to a particular person, that person	2160
represents or intends the substance to have a stimulant,	2161
depressant, or hallucinogenic effect on the central nervous system	2162
that is substantially similar to or greater than the stimulant,	2163
depressant, or hallucinogenic effect on the central nervous system	2164
of a controlled substance in schedule I or II.	2165

(2) "Controlled substance analog" does not include any of the	2166
following:	2167

(a) A controlled substance;

2168

(b) Any substance for which there is an approved new drug	2169
application;	2170

(c) With respect to a particular person, any substance if an	2171
exemption is in effect for investigational use for that person	2172
pursuant to federal law to the extent that conduct with respect to	2173
that substance is pursuant to that exemption;	2174

(d) Any substance to the extent it is not intended for human	2175
consumption before the exemption described in division (HH)(2)(b)	2176
of this section takes effect with respect to that substance.	2177

Sec. 3719.013. A controlled substance analog, to the extent	2178
intended for human consumption, shall be treated for purposes of	2179
any provision of the Revised Code as a controlled substance in	2180
schedule I.	2181

Sec. 3719.41. Controlled substance schedules I, II, III, IV,	2182
and V are hereby established, which schedules include the	2183
following, subject to amendment pursuant to section 3719.43 or	2184
3719.44 of the Revised Code.	2185

SCHEDULE I	2186

(A) Narcotics-opiates

2187

Any of the following opiates, including their isomers,	2188
esters, ethers, salts, and salts of isomers, esters, and ethers,	2189
unless specifically excepted under federal drug abuse control	2190
laws, whenever the existence of these isomers, esters, ethers, and	2191
salts is possible within the specific chemical designation:	2192

(1) Acetyl-alpha-methylfentanyl	2193
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	2194

(2) Acetylmethadol;

2195

(3) Allylprodine;

2196

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	2197
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	2198
LAAM);	2199

(5) Alphameprodine;

2200

(6) Alphamethadol;

2201

(7) Alpha-methylfentanyl	2202
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	2203
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	2204

(8) Alpha-methylthiofentanyl	2205
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	2206
phenylpropanamide);	2207

(9) Benzethidine;

2208

(10) Betacetylmethadol;

2209

(11) Beta-hydroxyfentanyl	2210
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	2211

(12) Beta-hydroxy-3-methylfentanyl (other name:	2212
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	2213
phenylpropanamide);	2214

(13) Betameprodine;

2215

(14) Betamethadol;

2216

(15) Betaprodine;

2217

(16) Clonitazene;

2218

(17) Dextromoramide;

2219

(18) Diampromide;

2220

(19) Diethylthiambutene;

2221

(20) Difenoxin;

2222

(21) Dimenoxadol;

2223

(22) Dimepheptanol;

2224

(23) Dimethylthiambutene;

2225

(24) Dioxaphetyl butyrate;

2226

(25) Dipipanone;

2227

(26) Ethylmethylthiambutene;

2228

(27) Etonitazene;

2229

(28) Etoxeridine;

2230

(29) Furethidine;

2231

(30) Hydroxypethidine;

2232

(31) Ketobemidone;

2233

(32) Levomoramide;

2234

(33) Levophenacylmorphan;

2235

(34) 3-methylfentanyl	2236
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	2237

(35) 3-methylthiofentanyl	2238
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	2239
phenylpropanamide);	2240

(36) Morpheridine;

2241

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

2242

(38) Noracymethadol;

2243

(39) Norlevorphanol;

2244

(40) Normethadone;

2245

(41) Norpipanone;

2246

(42) Para-fluorofentanyl	2247
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	2248

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

2249

(44) Phenadoxone;

2250

(45) Phenampromide;

2251

(46) Phenomorphan;

2252

(47) Phenoperidine;

2253

(48) Piritramide;

2254

(49) Proheptazine;

2255

(50) Properidine;

2256

(51) Propiram;

2257

(52) Racemoramide;

2258

(53) Thiofentanyl	2259
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	2260

(54) Tilidine;

2261

(55) Trimeperidine.

2262

(B) Narcotics-opium derivatives

2263

Any of the following opium derivatives, including their	2264
salts, isomers, and salts of isomers, unless specifically excepted	2265
under federal drug abuse control laws, whenever the existence of	2266
these salts, isomers, and salts of isomers is possible within the	2267
specific chemical designation:	2268

(1) Acetorphine;

2269

(2) Acetyldihydrocodeine;

2270

(3) Benzylmorphine;

2271

(4) Codeine methylbromide;

2272

(5) Codeine-n-oxide;

2273

(6) Cyprenorphine;

2274

(7) Desomorphine;

2275

(8) Dihydromorphine;

2276

(9) Drotebanol;

2277

(10) Etorphine (except hydrochloride salt);

2278

(11) Heroin;

2279

(12) Hydromorphinol;

2280

(13) Methyldesorphine;

2281

(14) Methyldihydromorphine;

2282

(15) Morphine methylbromide;

2283

(16) Morphine methylsulfonate;

2284

(17) Morphine-n-oxide;

2285

(18) Myrophine;

2286

(19) Nicocodeine;

2287

(20) Nicomorphine;

2288

(21) Normorphine;

2289

(22) Pholcodine;

2290

(23) Thebacon.

2291

2292

Any material, compound, mixture, or preparation that contains	2293
any quantity of the following hallucinogenic substances, including	2294
their salts, isomers, and salts of isomers, unless specifically	2295
excepted under federal drug abuse control laws, whenever the	2296
existence of these salts, isomers, and salts of isomers is	2297
possible within the specific chemical designation. For the	2298
purposes of this division only, "isomer" includes the optical	2299
isomers, position isomers, and geometric isomers.	2300

(1) Alpha-ethyltryptamine (some trade or other names:	2301
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	2302
3-(2-aminobutyl) indole; alpha-ET; and AET);	2303

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	2304
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	2305
4-bromo-2,5-DMA);	2306

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	2307
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	2308
alpha-desmethyl DOB; 2C-B, Nexus);	2309

(4) 2,5-dimethoxyamphetamine (some trade or other names:	2310
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	2311

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	2312
names: DOET);	2313

(6) 4-methoxyamphetamine (some trade or other names:	2314
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	2315
PMA);	2316

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

2317

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	2318
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	2319
and "STP");	2320

(9) 3,4-methylenedioxy amphetamine;

2321

(10) 3,4-methylenedioxymethamphetamine (MDMA);

2322

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	2323
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	2324
MDA, MDE, MDEA);	2325

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	2326
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	2327
N-hydroxy MDA);	2328

(13) 3,4,5-trimethoxy amphetamine;

2329

(14) Bufotenine (some trade or other names:	2330
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	2331
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	2332
5-hydroxy-N, N-dimethyltryptamine; mappine);	2333

(15) Diethyltryptamine (some trade or other names: N,	2334
N-diethyltryptamine; DET);	2335

(16) Dimethyltryptamine (some trade or other names: DMT);

2336

(17) Ibogaine (some trade or other names:	2337
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	2338
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	2339

(18) Lysergic acid diethylamide;

2340

(19) Marihuana;

2341

(20) Mescaline;

2342

(21) Parahexyl (some trade or other names: 3-hexyl-1-	2343
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	2344
synhexyl);	2345

(22) Peyote (meaning all parts of the plant presently	2346
classified botanically as "Lophophora williamsii Lemaire," whether	2347
growing or not, the seeds of that plant, any extract from any part	2348
of that plant, and every compound, manufacture, salts, derivative,	2349
mixture, or preparation of that plant, its seeds, or its	2350
extracts);	2351

(23) N-ethyl-3-piperidyl benzilate;

2352

(24) N-methyl-3-piperidyl benzilate;

2353

(25) Psilocybin;

2354

(26) Psilocyn;

2355

(27) Tetrahydrocannabinols (synthetic equivalents of the	2356
substances contained in the plant, or in the resinous extractives	2357
of Cannabis, sp. and/or synthetic substances, derivatives, and	2358
their isomers with similar chemical structure and pharmacological	2359
activity such as the following: delta-1-cis or trans	2360
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	2361
trans tetrahydrocannabinol, and their optical isomers;	2362
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	2363
isomers. (Since nomenclature of these substances is not	2364
internationally standardized, compounds of these structures,	2365
regardless of numerical designation of atomic positions, are	2366
covered.));	2367

(28) Ethylamine analog of phencyclidine (some trade or other	2368
names: N-ethyl-1-phenylcyclohexylamine;	2369
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	2370
cyclohexamine; PCE);	2371

(29) Pyrrolidine analog of phencyclidine (some trade or other	2372
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	2373

(30) Thiophene analog of phencyclidine (some trade or other	2374
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	2375
of phencyclidine; TPCP; TCP);	2376

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

2377

(32) Hashish;

2378

(33) Salvia divinorum;

2379

(34) Salvinorin A;

2380

(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other	2381
names: JWH-018);	2382

(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other	2383
names: JWH-073);	2384

(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some	2385
trade or other names: JWH-200);	2386

(38)	2387
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol	2388
(some trade or other names: CP-47,497);	2389

(39)	2390
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some	2391
trade or other names: cannabicyclohexanol; CP-47,497 C8	2392
homologue);	2393

(40) Methylone (3,4-methylenedioxymethcathinone);

2394

(41) MDPV (3,4-methyenedioxypyrovalerone);

2395

(42) Mephedrone (4-methylmethcathinone);

2396

(43) 4-methoxymethcathinone;

2397

(44) 4-fluoromethcathinone;

2398

(45) 3-fluoromethcathinone.

2399

(D) Depressants

2400

Any material, compound, mixture, or preparation that contains	2401
any quantity of the following substances having a depressant	2402
effect on the central nervous system, including their salts,	2403
isomers, and salts of isomers, unless specifically excepted under	2404
federal drug abuse control laws, whenever the existence of these	2405
salts, isomers, and salts of isomers is possible within the	2406
specific chemical designation:	2407

(1) Mecloqualone;

2408

(2) Methaqualone.

2409

(E) Stimulants

2410

Unless specifically excepted or unless listed in another	2411
schedule, any material, compound, mixture, or preparation that	2412
contains any quantity of the following substances having a	2413
stimulant effect on the central nervous system, including their	2414
salts, isomers, and salts of isomers:	2415

(1) Aminorex (some other names: aminoxaphen;	2416
2-amino-5-phenyl-2-oxazoline; or	2417
4,5-dihydro-5-phenyl-2-oxazolamine);	2418

(2) Cathinone (some trade or other names:	2419
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	2420
2-aminopropiophenone, and norephedrone);	2421

(3) Fenethylline;

2422

(4) Methcathinone (some other names:	2423
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	2424
2-methylamino)-1-phenylpropan-1-one;	2425
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	2426
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	2427
UR1432, its salts, optical isomers, and salts of optical isomers;	2428

(5) (+/-)cis-4-methylaminorex	2429
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	2430

(6) N-ethylamphetamine;

2431

(7) N,N-dimethylamphetamine (also known as	2432
N,N-alpha-trimethyl-benzeneethanamine;	2433
N,N-alpha-trimethylphenethylamine).	2434

SCHEDULE II	2435

(A) Narcotics-opium and opium derivatives

2436

Unless specifically excepted under federal drug abuse control	2437
laws or unless listed in another schedule, any of the following	2438
substances whether produced directly or indirectly by extraction	2439
from substances of vegetable origin, independently by means of	2440
chemical synthesis, or by a combination of extraction and chemical	2441
synthesis:	2442

(1) Opium and opiate, and any salt, compound, derivative, or	2443
preparation of opium or opiate, excluding apomorphine,	2444
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	2445
naloxone, and naltrexone, and their respective salts, but	2446
including the following:	2447

(a) Raw opium;

2448

(b) Opium extracts;

2449

2450

(d) Powdered opium;

2451

(e) Granulated opium;

2452

(f) Tincture of opium;

2453

(g) Codeine;

2454

(h) Ethylmorphine;

2455

(i) Etorphine hydrochloride;

2456

(j) Hydrocodone;

2457

(k) Hydromorphone;

2458

(l) Metopon;

2459

(m) Morphine;

2460

(n) Oxycodone;

2461

(o) Oxymorphone;

2462

(p) Thebaine.

2463

(2) Any salt, compound, derivative, or preparation thereof	2464
that is chemically equivalent to or identical with any of the	2465
substances referred to in division (A)(1) of this schedule, except	2466
that these substances shall not include the isoquinoline alkaloids	2467
of opium;	2468

(3) Opium poppy and poppy straw;

2469

(4) Coca leaves and any salt, compound, derivative, or	2470
preparation of coca leaves (including cocaine and ecgonine, their	2471
salts, isomers, and derivatives, and salts of those isomers and	2472
derivatives), and any salt, compound, derivative, or preparation	2473
thereof that is chemically equivalent to or identical with any of	2474
these substances, except that the substances shall not include	2475
decocainized coca leaves or extraction of coca leaves, which	2476
extractions do not contain cocaine or ecgonine;	2477

(5) Concentrate of poppy straw (the crude extract of poppy	2478
straw in either liquid, solid, or powder form that contains the	2479
phenanthrene alkaloids of the opium poppy).	2480

(B) Narcotics-opiates

2481

Unless specifically excepted under federal drug abuse control	2482
laws or unless listed in another schedule, any of the following	2483
opiates, including their isomers, esters, ethers, salts, and salts	2484
of isomers, esters, and ethers, whenever the existence of these	2485
isomers, esters, ethers, and salts is possible within the specific	2486
chemical designation, but excluding dextrorphan and	2487
levopropoxyphene:	2488

(1) Alfentanil;

2489

(2) Alphaprodine;

2490

(3) Anileridine;

2491

(4) Bezitramide;

2492

(5) Bulk dextropropoxyphene (non-dosage forms);

2493

(6) Carfentanil;

2494

(7) Dihydrocodeine;

2495

(8) Diphenoxylate;

2496

(9) Fentanyl;

2497

(10) Isomethadone;

2498

(11) Levo-alphacetylmethadol (some other names:	2499
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	2500

(12) Levomethorphan;

2501

(13) Levorphanol;

2502

(14) Metazocine;

2503

(15) Methadone;

2504

(16) Methadone-intermediate,	2505
4-cyano-2-dimethylamino-4,4-diphenyl butane;	2506

(17) Moramide-intermediate,	2507
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	2508

(18) Pethidine (meperidine);

2509

(19) Pethidine-intermediate-A,	2510
4-cyano-1-methyl-4-phenylpiperidine;	2511

(20) Pethidine-intermediate-B,	2512
ethyl-4-phenylpiperidine-4-carboxylate;	2513

(21) Pethidine-intermediate-C,	2514
1-methyl-4-phenylpiperidine-4-carboxylic acid;	2515

(22) Phenazocine;

2516

(23) Piminodine;

2517

(24) Racemethorphan;

2518

(25) Racemorphan;

2519

(26) Remifentanil;

2520

(27) Sufentanil.

2521

2522

Unless specifically excepted under federal drug abuse control	2523
laws or unless listed in another schedule, any material, compound,	2524
mixture, or preparation that contains any quantity of the	2525
following substances having a stimulant effect on the central	2526
nervous system:	2527

(1) Amphetamine, its salts, its optical isomers, and salts of	2528
its optical isomers;	2529

(2) Methamphetamine, its salts, its isomers, and salts of its	2530
isomers;	2531

(3) Methylphenidate;

2532

(4) Phenmetrazine and its salts.

2533

(D) Depressants

2534

Unless specifically excepted under federal drug abuse control	2535
laws or unless listed in another schedule, any material, compound,	2536
mixture, or preparation that contains any quantity of the	2537
following substances having a depressant effect on the central	2538
nervous system, including their salts, isomers, and salts of	2539
isomers, whenever the existence of these salts, isomers, and salts	2540
of isomers is possible within the specific chemical designation:	2541

(1) Amobarbital;

2542

(2) Gamma-hydroxy-butyrate;

2543

(3) Glutethimide;

2544

(4) Pentobarbital;

2545

(5) Phencyclidine (some trade or other names:	2546
1-(1-phenylcyclohexyl)piperidine; PCP);	2547

(6) Secobarbital;

2548

(7) 1-aminophenylcyclohexane and all N-mono-substituted	2549
and/or all N-N-disubstituted analogs including, but not limited	2550
to, the following:	2551

(a) 1-phenylcyclohexylamine;

2552

(b) (1-phenylcyclohexyl) methylamine;

2553

2554

(d) (1-phenylcyclohexyl) methylethylamine;

2555

(e) (1-phenylcyclohexyl) isopropylamine;

2556

(f) 1-(1-phenylcyclohexyl) morpholine.

2557

(E) Hallucinogenic substances

2558

(1) Nabilone (another name for nabilone:	2559
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	2560
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	2561

(F) Immediate precursors

2562

Unless specifically excepted under federal drug abuse control	2563
laws or unless listed in another schedule, any material, compound,	2564
mixture, or preparation that contains any quantity of the	2565
following substances:	2566

(1) Immediate precursor to amphetamine and methamphetamine:

2567

(a) Phenylacetone (some trade or other names:	2568
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	2569
ketone);	2570

(2) Immediate precursors to phencyclidine (PCP):

2571

(a) 1-phenylcyclohexylamine;

2572

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

2573

SCHEDULE III	2574

(A) Stimulants

2575

Unless specifically excepted under federal drug abuse control	2576
laws or unless listed in another schedule, any material, compound,	2577
mixture, or preparation that contains any quantity of the	2578
following substances having a stimulant effect on the central	2579
nervous system, including their salts, their optical isomers,	2580
position isomers, or geometric isomers, and salts of these	2581
isomers, whenever the existence of these salts, isomers, and salts	2582
of isomers is possible within the specific chemical designation:	2583

(1) All stimulant compounds, mixtures, and preparations	2584
included in schedule III pursuant to the federal drug abuse	2585
control laws and regulations adopted under those laws;	2586

(2) Benzphetamine;

2587

(3) Chlorphentermine;

2588

(4) Clortermine;

2589

(5) Phendimetrazine.

2590

(B) Depressants

2591

Unless specifically excepted under federal drug abuse control	2592
laws or unless listed in another schedule, any material, compound,	2593
mixture, or preparation that contains any quantity of the	2594
following substances having a depressant effect on the central	2595
nervous system:	2596

(1) Any compound, mixture, or preparation containing	2597
amobarbital, secobarbital, pentobarbital, or any salt of any of	2598
these drugs, and one or more other active medicinal ingredients	2599
that are not listed in any schedule;	2600

(2) Any suppository dosage form containing amobarbital,	2601
secobarbital, pentobarbital, or any salt of any of these drugs and	2602
approved by the food and drug administration for marketing only as	2603
a suppository;	2604

(3) Any substance that contains any quantity of a derivative	2605
of barbituric acid or any salt of a derivative of barbituric acid;	2606

(4) Chlorhexadol;

2607

(5) Ketamine, its salts, isomers, and salts of isomers (some	2608
other names for ketamine:	2609
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	2610

(6) Lysergic acid;

2611

(7) Lysergic acid amide;

2612

(8) Methyprylon;

2613

(9) Sulfondiethylmethane;

2614

(10) Sulfonethylmethane;

2615

(11) Sulfonmethane;

2616

(12) Tiletamine, zolazepam, or any salt of tiletamine or	2617
zolazepam (some trade or other names for a tiletamine-zolazepam	2618
combination product: Telazol); (some trade or other names for	2619
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	2620
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	2621
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	2622
flupyrazapon).	2623

2624

(1) Nalorphine.

2625

(D) Narcotics-narcotic preparations

2626

Unless specifically excepted under federal drug abuse control	2627
laws or unless listed in another schedule, any material, compound,	2628
mixture, or preparation that contains any of the following	2629
narcotic drugs, or their salts calculated as the free anhydrous	2630
base or alkaloid, in limited quantities as set forth below:	2631

(1) Not more than 1.8 grams of codeine per 100 milliliters or	2632
not more than 90 milligrams per dosage unit, with an equal or	2633
greater quantity of an isoquinoline alkaloid of opium;	2634

(2) Not more than 1.8 grams of codeine per 100 milliliters or	2635
not more than 90 milligrams per dosage unit, with one or more	2636
active, nonnarcotic ingredients in recognized therapeutic amounts;	2637

(3) Not more than 300 milligrams of dihydrocodeinone per 100	2638
milliliters or not more than 15 milligrams per dosage unit, with a	2639
fourfold or greater quantity of an isoquinoline alkaloid of opium;	2640

(4) Not more than 300 milligrams of dihydrocodeinone per 100	2641
milliliters or not more than 15 milligrams per dosage unit, with	2642
one or more active, nonnarcotic ingredients in recognized	2643
therapeutic amounts;	2644

(5) Not more than 1.8 grams of dihydrocodeine per 100	2645
milliliters or not more than 90 milligrams per dosage unit, with	2646
one or more active, nonnarcotic ingredients in recognized	2647
therapeutic amounts;	2648

(6) Not more than 300 milligrams of ethylmorphine per 100	2649
milliliters or not more than 15 milligrams per dosage unit, with	2650
one or more active, nonnarcotic ingredients in recognized	2651
therapeutic amounts;	2652

(7) Not more than 500 milligrams of opium per 100 milliliters	2653
or per 100 grams or not more than 25 milligrams per dosage unit,	2654
with one or more active, nonnarcotic ingredients in recognized	2655
therapeutic amounts;	2656

(8) Not more than 50 milligrams of morphine per 100	2657
milliliters or per 100 grams, with one or more active, nonnarcotic	2658
ingredients in recognized therapeutic amounts.	2659

(E) Anabolic steroids

2660

Unless specifically excepted under federal drug abuse control	2661
laws or unless listed in another schedule, any material, compound,	2662
mixture, or preparation that contains any quantity of the	2663
following substances, including their salts, esters, isomers, and	2664
salts of esters and isomers, whenever the existence of these	2665
salts, esters, and isomers is possible within the specific	2666
chemical designation:	2667

(1) Anabolic steroids. Except as otherwise provided in	2668
division (E)(1) of schedule III, "anabolic steroids" means any	2669
drug or hormonal substance that is chemically and	2670
pharmacologically related to testosterone (other than estrogens,	2671
progestins, and corticosteroids) and that promotes muscle growth.	2672
"Anabolic steroids" does not include an anabolic steroid that is	2673
expressly intended for administration through implants to cattle	2674
or other nonhuman species and that has been approved by the United	2675
States secretary of health and human services for that	2676
administration, unless a person prescribes, dispenses, or	2677
distributes this type of anabolic steroid for human use. "Anabolic	2678
steroid" includes, but is not limited to, the following:	2679

(a) Boldenone;

2680

(b) Chlorotestosterone (4-chlortestosterone);

2681

2682

(d) Dehydrochlormethyltestosterone;

2683

(e) Dihydrotestosterone (4-dihydrotestosterone);

2684

(f) Drostanolone;

2685

(g) Ethylestrenol;

2686

(h) Fluoxymesterone;

2687

(i) Formebulone (formebolone);

2688

(j) Mesterolone;

2689

(k) Methandienone;

2690

(l) Methandranone;

2691

(m) Methandriol;

2692

(n) Methandrostenolone;

2693

(o) Methenolone;

2694

(p) Methyltestosterone;

2695

(q) Mibolerone;

2696

(r) Nandrolone;

2697

(s) Norethandrolone;

2698

(t) Oxandrolone;

2699

(u) Oxymesterone;

2700

(v) Oxymetholone;

2701

(w) Stanolone;

2702

(x) Stanozolol;

2703

(y) Testolactone;

2704

(z) Testosterone;

2705

(aa) Trenbolone;

2706

(bb) Any salt, ester, isomer, or salt of an ester or isomer	2707
of a drug or hormonal substance described or listed in division	2708
(E)(1) of schedule III if the salt, ester, or isomer promotes	2709
muscle growth.	2710

(F) Hallucinogenic substances

2711

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	2712
a soft gelatin capsule in a United States food and drug	2713
administration approved drug product (some other names for	2714
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	2715
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	2716
(-)-delta-9-(trans)-tetrahydrocannabinol).	2717

SCHEDULE IV	2718

(A) Narcotic drugs

2719

Unless specifically excepted by federal drug abuse control	2720
laws or unless listed in another schedule, any material, compound,	2721
mixture, or preparation that contains any of the following	2722
narcotic drugs, or their salts calculated as the free anhydrous	2723
base or alkaloid, in limited quantities as set forth below:	2724

(1) Not more than one milligram of difenoxin and not less	2725
than 25 micrograms of atropine sulfate per dosage unit;	2726

(2) Dextropropoxyphene	2727
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	2728
propionoxybutane)[final dosage forms].	2729

(B) Depressants

2730

Unless specifically excepted under federal drug abuse control	2731
laws or unless listed in another schedule, any material, compound,	2732
mixture, or preparation that contains any quantity of the	2733
following substances, including their salts, isomers, and salts of	2734
isomers, whenever the existence of these salts, isomers, and salts	2735
of isomers is possible within the specific chemical designation:	2736

(1) Alprazolam;

2737

(2) Barbital;

2738

(3) Bromazepam;

2739

(4) Camazepam;

2740

(5) Chloral betaine;

2741

(6) Chloral hydrate;

2742

(7) Chlordiazepoxide;

2743

(8) Clobazam;

2744

(9) Clonazepam;

2745

(10) Clorazepate;

2746

(11) Clotiazepam;

2747

(12) Cloxazolam;

2748

(13) Delorazepam;

2749

(14) Diazepam;

2750

(15) Estazolam;

2751

(16) Ethchlorvynol;

2752

(17) Ethinamate;

2753

(18) Ethyl loflazepate;

2754

(19) Fludiazepam;

2755

(20) Flunitrazepam;

2756

(21) Flurazepam;

2757

(22) Halazepam;

2758

(23) Haloxazolam;

2759

(24) Ketazolam;

2760

(25) Loprazolam;

2761

(26) Lorazepam;

2762

(27) Lormetazepam;

2763

(28) Mebutamate;

2764

(29) Medazepam;

2765

(30) Meprobamate;

2766

(31) Methohexital;

2767

(32) Methylphenobarbital (mephobarbital);

2768

(33) Midazolam;

2769

(34) Nimetazepam;

2770

(35) Nitrazepam;

2771

(36) Nordiazepam;

2772

(37) Oxazepam;

2773

(38) Oxazolam;

2774

(39) Paraldehyde;

2775

(40) Petrichloral;

2776

(41) Phenobarbital;

2777

(42) Pinazepam;

2778

(43) Prazepam;

2779

(44) Quazepam;

2780

(45) Temazepam;

2781

(46) Tetrazepam;

2782

(47) Triazolam;

2783

(48) Zaleplon;

2784

(49) Zolpidem.

2785

2786

Any material, compound, mixture, or preparation that contains	2787
any quantity of the following substances, including their salts,	2788
their optical isomers, position isomers, or geometric isomers, and	2789
salts of these isomers, whenever the existence of these salts,	2790
isomers, and salts of isomers is possible within the specific	2791
chemical designation:	2792

(1) Fenfluramine.

2793

(D) Stimulants

2794

Unless specifically excepted under federal drug abuse control	2795
laws or unless listed in another schedule, any material, compound,	2796
mixture, or preparation that contains any quantity of the	2797
following substances having a stimulant effect on the central	2798
nervous system, including their salts, their optical isomers,	2799
position isomers, or geometric isomers, and salts of these	2800
isomers, whenever the existence of these salts, isomers, and salts	2801
of isomers is possible within the specific chemical designation:	2802

(1) Cathine ((+)-norpseudoephedrine);

2803

(2) Diethylpropion;

2804

(3) Fencamfamin;

2805

(4) Fenproporex;

2806

(5) Mazindol;

2807

(6) Mefenorex;

2808

(7) Modafinil;

2809

(8) Pemoline (including organometallic complexes and chelates	2810
thereof);	2811

(9) Phentermine;

2812

(10) Pipradrol;

2813

(11) Sibutramine;

2814

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

2815

(E) Other substances

2816

Unless specifically excepted under federal drug abuse control	2817
laws or unless listed in another schedule, any material, compound,	2818
mixture, or preparation that contains any quantity of the	2819
following substances, including their salts:	2820

(1) Pentazocine;

2821

(2) Butorphanol (including its optical isomers).

2822

SCHEDULE V	2823

(A) Narcotic drugs

2824

Unless specifically excepted under federal drug abuse control	2825
laws or unless listed in another schedule, any material, compound,	2826
mixture, or preparation that contains any of the following	2827
narcotic drugs, and their salts, as set forth below:	2828

(1) Buprenorphine.

2829

(B) Narcotics-narcotic preparations

2830

Narcotic drugs containing non-narcotic active medicinal	2831
ingredients. Any compound, mixture, or preparation that contains	2832
any of the following narcotic drugs, or their salts calculated as	2833
the free anhydrous base or alkaloid, in limited quantities as set	2834
forth below, and that includes one or more nonnarcotic active	2835
medicinal ingredients in sufficient proportion to confer upon the	2836
compound, mixture, or preparation valuable medicinal qualities	2837
other than those possessed by narcotic drugs alone:	2838

(1) Not more than 200 milligrams of codeine per 100	2839
milliliters or per 100 grams;	2840

(2) Not more than 100 milligrams of dihydrocodeine per 100	2841
milliliters or per 100 grams;	2842

(3) Not more than 100 milligrams of ethylmorphine per 100	2843
milliliters or per 100 grams;	2844

(4) Not more than 2.5 milligrams of diphenoxylate and not	2845
less than 25 micrograms of atropine sulfate per dosage unit;	2846

(5) Not more than 100 milligrams of opium per 100 milliliters	2847
or per 100 grams;	2848

(6) Not more than 0.5 milligram of difenoxin and not less	2849
than 25 micrograms of atropine sulfate per dosage unit.	2850

2851

Unless specifically exempted or excluded under federal drug	2852
abuse control laws or unless listed in another schedule, any	2853
material, compound, mixture, or preparation that contains any	2854
quantity of the following substances having a stimulant effect on	2855
the central nervous system, including their salts, isomers, and	2856
salts of isomers:	2857

(1) Ephedrine, except as provided in division (K) of section	2858
3719.44 of the Revised Code;	2859

(2) Pyrovalerone.

2860

Section 2. That existing sections 149.43, 149.45, 2925.02,	2861
2925.03, 2925.11, 3719.01, and 3719.41 of the Revised Code are	2862
hereby repealed.	2863

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Bill Text: OH HB64 | 2011-2012 | 129th General Assembly | Comm Sub

Ohio House Bill 64 (Prior Session Legislation)

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