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

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-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 64

Representatives Ruhl, Burke 

Cosponsors: Representatives Murray, Snitchler, Maag, Combs, Phillips, Stebelton, Boose, McClain, Grossman, Patmon, Adams, J. 

---

A BILL

To amend sections 2925.02, 2925.03, 2925.11, and

1

3719.41 of the Revised Code to add synthetic

2

cannabinoids commonly known as K2 or Spice to the

3

list of Schedule I controlled substances, prohibit

4

the possession of Spice, prohibit trafficking in

5

Spice, and provide that if Spice is the drug

6

involved in a violation of the offense of

7

corrupting another with drugs the penalty for the

8

violation will be the same as if marihuana was the

9

drug involved in the offense.

10

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

Section 1.  That sections 2925.02, 2925.03, 2925.11, and	11
3719.41 of the Revised Code be amended to read as follows:	12

Sec. 2925.02.  (A) No person shall knowingly do any of the	13
following:	14

(1) By force, threat, or deception, administer to another or	15
induce or cause another to use a controlled substance;	16

(2) By any means, administer or furnish to another or induce	17
or cause another to use a controlled substance with purpose to	18
cause serious physical harm to the other person, or with purpose	19
to cause the other person to become drug dependent;	20

(3) By any means, administer or furnish to another or induce	21
or cause another to use a controlled substance, and thereby cause	22
serious physical harm to the other person, or cause the other	23
person to become drug dependent;	24

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

25

(a) Furnish or administer a controlled substance to a	26
juvenile who is at least two years the offender's junior, when the	27
offender knows the age of the juvenile or is reckless in that	28
regard;	29

(b) Induce or cause a juvenile who is at least two years the	30
offender's junior to use a controlled substance, when the offender	31
knows the age of the juvenile or is reckless in that regard;	32

(c) Induce or cause a juvenile who is at least two years the	33
offender's junior to commit a felony drug abuse offense, when the	34
offender knows the age of the juvenile or is reckless in that	35
regard;	36

(d) Use a juvenile, whether or not the offender knows the age	37
of the juvenile, to perform any surveillance activity that is	38
intended to prevent the detection of the offender or any other	39
person in the commission of a felony drug abuse offense or to	40
prevent the arrest of the offender or any other person for the	41
commission of a felony drug abuse offense.	42

(B) Division (A)(1), (3), or (4) of this section does not	43
apply to manufacturers, wholesalers, licensed health professionals	44
authorized to prescribe drugs, pharmacists, owners of pharmacies,	45
and other persons whose conduct is in accordance with Chapters	46
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	47
Code.	48

(C) Whoever violates this section is guilty of corrupting	49
another with drugs. The penalty for the offense shall be	50
determined as follows:	51

(1) Except as otherwise provided in this division, if the	52
drug involved is any compound, mixture, preparation, or substance	53
included in schedule I or II, with the exception of marihuana,	54
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, and	55
(6aR,10aR)-9-(hydroxymethyl)-6,	56
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	57
tetrahydrobenzo[c]chromen-1-ol, corrupting another with drugs is a	58
felony of the second degree, and, subject to division (E) of this	59
section, the court shall impose as a mandatory prison term one of	60
the prison terms prescribed for a felony of the second degree. If	61
the drug involved is any compound, mixture, preparation, or	62
substance included in schedule I or II, with the exception of	63
marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	64
1-Butyl-3-(1-naphthoyl)indole, or (6aR,10aR)-9-(hydroxymethyl)-6,	65
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	66
tetrahydrobenzo[c]chromen-1-ol, and if the offense was committed	67
in the vicinity of a school, corrupting another with drugs is a	68
felony of the first degree, and, subject to division (E) of this	69
section, the court shall impose as a mandatory prison term one of	70
the prison terms prescribed for a felony of the first degree.	71

(2) Except as otherwise provided in this division, if the	72
drug involved is any compound, mixture, preparation, or substance	73
included in schedule III, IV, or V, corrupting another with drugs	74
is a felony of the second degree, and there is a presumption for a	75
prison term for the offense. If the drug involved is any compound,	76
mixture, preparation, or substance included in schedule III, IV,	77
or V and if the offense was committed in the vicinity of a school,	78
corrupting another with drugs is a felony of the second degree,	79
and the court shall impose as a mandatory prison term one of the	80
prison terms prescribed for a felony of the second degree.	81

(3) Except as otherwise provided in this division, if the	82
drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	83
1-Butyl-3-(1-naphthoyl)indole, or (6aR,10aR)-9-(hydroxymethyl)-6,	84
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	85
tetrahydrobenzo[c]chromen-1-ol, corrupting another with drugs is a	86
felony of the fourth degree, and division (C) of section 2929.13	87
of the Revised Code applies in determining whether to impose a	88
prison term on the offender. If the drug involved is marihuana,	89
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or	90
(6aR,10aR)-9-(hydroxymethyl)-6,	91
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	92
tetrahydrobenzo[c]chromen-1-ol, and if the offense was committed	93
in the vicinity of a school, corrupting another with drugs is a	94
felony of the third degree, and division (C) of section 2929.13 of	95
the Revised Code applies in determining whether to impose a prison	96
term on the offender.	97

(D) In addition to any prison term authorized or required by	98
division (C) or (E) of this section and sections 2929.13 and	99
2929.14 of the Revised Code and in addition to any other sanction	100
imposed for the offense under this section or sections 2929.11 to	101
2929.18 of the Revised Code, the court that sentences an offender	102
who is convicted of or pleads guilty to a violation of division	103
(A) of this section or the clerk of that court shall do all of the	104
following that are applicable regarding the offender:	105

(1)(a) If the violation is a felony of the first, second, or	106
third degree, the court shall impose upon the offender the	107
mandatory fine specified for the offense under division (B)(1) of	108
section 2929.18 of the Revised Code unless, as specified in that	109
division, the court determines that the offender is indigent.	110

(b) Notwithstanding any contrary provision of section 3719.21	111
of the Revised Code, any mandatory fine imposed pursuant to	112
division (D)(1)(a) of this section and any fine imposed for a	113
violation of this section pursuant to division (A) of section	114
2929.18 of the Revised Code shall be paid by the clerk of the	115
court in accordance with and subject to the requirements of, and	116
shall be used as specified in, division (F) of section 2925.03 of	117
the Revised Code.	118

(c) If a person is charged with any violation of this section	119
that is a felony of the first, second, or third degree, posts	120
bail, and forfeits the bail, the forfeited bail shall be paid by	121
the clerk of the court pursuant to division (D)(1)(b) of this	122
section as if it were a fine imposed for a violation of this	123
section.	124

(2) The court shall suspend for not less than six months nor	125
more than five years the offender's driver's or commercial	126
driver's license or permit. If an offender's driver's or	127
commercial driver's license or permit is suspended pursuant to	128
this division, the offender, at any time after the expiration of	129
two years from the day on which the offender's sentence was	130
imposed or from the day on which the offender finally was released	131
from a prison term under the sentence, whichever is later, may	132
file a motion with the sentencing court requesting termination of	133
the suspension. Upon the filing of the motion and the court's	134
finding of good cause for the termination, the court may terminate	135
the suspension.	136

(3) If the offender is a professionally licensed person, in	137
addition to any other sanction imposed for a violation of this	138
section, the court immediately shall comply with section 2925.38	139
of the Revised Code.	140

(E) Notwithstanding the prison term otherwise authorized or	141
required for the offense under division (C) of this section and	142
sections 2929.13 and 2929.14 of the Revised Code, if the violation	143
of division (A) of this section involves the sale, offer to sell,	144
or possession of a schedule I or II controlled substance, with the	145
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	146
1-Butyl-3-(1-naphthoyl)indole, and (6aR,10aR)-9-(hydroxymethyl)-6,	147
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	148
tetrahydrobenzo[c]chromen-1-ol, and if the court imposing sentence	149
upon the offender finds that the offender as a result of the	150
violation is a major drug offender and is guilty of a	151
specification of the type described in section 2941.1410 of the	152
Revised Code, the court, in lieu of the prison term that otherwise	153
is authorized or required, shall impose upon the offender the	154
mandatory prison term specified in division (D)(3)(a) of section	155
2929.14 of the Revised Code and may impose an additional prison	156
term under division (D)(3)(b) of that section.	157

Sec. 2925.03.  (A) No person shall knowingly do any of the	158
following:	159

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

160

(2) Prepare for shipment, ship, transport, deliver, prepare	161
for distribution, or distribute a controlled substance, when the	162
offender knows or has reasonable cause to believe that the	163
controlled substance is intended for sale or resale by the	164
offender or another person.	165

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

166

(1) Manufacturers, licensed health professionals authorized	167
to prescribe drugs, pharmacists, owners of pharmacies, and other	168
persons whose conduct is in accordance with Chapters 3719., 4715.,	169
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	170

(2) If the offense involves an anabolic steroid, any person	171
who is conducting or participating in a research project involving	172
the use of an anabolic steroid if the project has been approved by	173
the United States food and drug administration;	174

(3) Any person who sells, offers for sale, prescribes,	175
dispenses, or administers for livestock or other nonhuman species	176
an anabolic steroid that is expressly intended for administration	177
through implants to livestock or other nonhuman species and	178
approved for that purpose under the "Federal Food, Drug, and	179
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	180
and is sold, offered for sale, prescribed, dispensed, or	181
administered for that purpose in accordance with that act.	182

(C) Whoever violates division (A) of this section is guilty	183
of one of the following:	184

(1) If the drug involved in the violation is any compound,	185
mixture, preparation, or substance included in schedule I or	186
schedule II, with the exception of marihuana,	187
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	188
(6aR,10aR)-9-(hydroxymethyl)-6,	189
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	190
tetrahydrobenzo[c]chromen-1-ol, cocaine, L.S.D., heroin, and	191
hashish, whoever violates division (A) of this section is guilty	192
of aggravated trafficking in drugs. The penalty for the offense	193
shall be determined as follows:	194

(a) Except as otherwise provided in division (C)(1)(b), (c),	195
(d), (e), or (f) of this section, aggravated trafficking in drugs	196
is a felony of the fourth degree, and division (C) of section	197
2929.13 of the Revised Code applies in determining whether to	198
impose a prison term on the offender.	199

(b) Except as otherwise provided in division (C)(1)(c), (d),	200
(e), or (f) of this section, if the offense was committed in the	201
vicinity of a school or in the vicinity of a juvenile, aggravated	202
trafficking in drugs is a felony of the third degree, and division	203
(C) of section 2929.13 of the Revised Code applies in determining	204
whether to impose a prison term on the offender.	205

(c) Except as otherwise provided in this division, if the	206
amount of the drug involved equals or exceeds the bulk amount but	207
is less than five times the bulk amount, aggravated trafficking in	208
drugs is a felony of the third degree, and the court shall impose	209
as a mandatory prison term one of the prison terms prescribed for	210
a felony of the third degree. If the amount of the drug involved	211
is within that range and if the offense was committed in the	212
vicinity of a school or in the vicinity of a juvenile, aggravated	213
trafficking in drugs is a felony of the second degree, and the	214
court shall impose as a mandatory prison term one of the prison	215
terms prescribed for a felony of the second degree.	216

(d) Except as otherwise provided in this division, if the	217
amount of the drug involved equals or exceeds five times the bulk	218
amount but is less than fifty times the bulk amount, aggravated	219
trafficking in drugs is a felony of the second degree, and the	220
court shall impose as a mandatory prison term one of the prison	221
terms prescribed for a felony of the second degree. If the amount	222
of the drug involved is within that range and if the offense was	223
committed in the vicinity of a school or in the vicinity of a	224
juvenile, aggravated trafficking in drugs is a felony of the first	225
degree, and the court shall impose as a mandatory prison term one	226
of the prison terms prescribed for a felony of the first degree.	227

(e) If the amount of the drug involved equals or exceeds	228
fifty times the bulk amount but is less than one hundred times the	229
bulk amount and regardless of whether the offense was committed in	230
the vicinity of a school or in the vicinity of a juvenile,	231
aggravated trafficking in drugs is a felony of the first degree,	232
and the court shall impose as a mandatory prison term one of the	233
prison terms prescribed for a felony of the first degree.	234

(f) If the amount of the drug involved equals or exceeds one	235
hundred times the bulk amount and regardless of whether the	236
offense was committed in the vicinity of a school or in the	237
vicinity of a juvenile, aggravated trafficking in drugs is a	238
felony of the first degree, the offender is a major drug offender,	239
and the court shall impose as a mandatory prison term the maximum	240
prison term prescribed for a felony of the first degree and may	241
impose an additional prison term prescribed for a major drug	242
offender under division (D)(3)(b) of section 2929.14 of the	243
Revised Code.	244

(2) If the drug involved in the violation is any compound,	245
mixture, preparation, or substance included in schedule III, IV,	246
or V, whoever violates division (A) of this section is guilty of	247
trafficking in drugs. The penalty for the offense shall be	248
determined as follows:	249

(a) Except as otherwise provided in division (C)(2)(b), (c),	250
(d), or (e) of this section, trafficking in drugs is a felony of	251
the fifth degree, and division (C) of section 2929.13 of the	252
Revised Code applies in determining whether to impose a prison	253
term on the offender.	254

(b) Except as otherwise provided in division (C)(2)(c), (d),	255
or (e) of this section, if the offense was committed in the	256
vicinity of a school or in the vicinity of a juvenile, trafficking	257
in drugs is a felony of the fourth degree, and division (C) of	258
section 2929.13 of the Revised Code applies in determining whether	259
to impose a prison term on the offender.	260

(c) Except as otherwise provided in this division, if the	261
amount of the drug involved equals or exceeds the bulk amount but	262
is less than five times the bulk amount, trafficking in drugs is a	263
felony of the fourth degree, and there is a presumption for a	264
prison term for the offense. If the amount of the drug involved is	265
within that range and if the offense was committed in the vicinity	266
of a school or in the vicinity of a juvenile, trafficking in drugs	267
is a felony of the third degree, and there is a presumption for a	268
prison term for the offense.	269

(d) Except as otherwise provided in this division, if the	270
amount of the drug involved equals or exceeds five times the bulk	271
amount but is less than fifty times the bulk amount, trafficking	272
in drugs is a felony of the third degree, and there is a	273
presumption for a prison term for the offense. If the amount of	274
the drug involved is within that range and if the offense was	275
committed in the vicinity of a school or in the vicinity of a	276
juvenile, trafficking in drugs is a felony of the second degree,	277
and there is a presumption for a prison term for the offense.	278

(e) Except as otherwise provided in this division, if the	279
amount of the drug involved equals or exceeds fifty times the bulk	280
amount, trafficking in drugs is a felony of the second degree, and	281
the court shall impose as a mandatory prison term one of the	282
prison terms prescribed for a felony of the second degree. If the	283
amount of the drug involved equals or exceeds fifty times the bulk	284
amount and if the offense was committed in the vicinity of a	285
school or in the vicinity of a juvenile, trafficking in drugs is a	286
felony of the first degree, and the court shall impose as a	287
mandatory prison term one of the prison terms prescribed for a	288
felony of the first degree.	289

(3) If the drug involved in the violation is marihuana or a	290
compound, mixture, preparation, or substance containing marihuana	291
other than hashish, whoever violates division (A) of this section	292
is guilty of trafficking in marihuana. The penalty for the offense	293
shall be determined as follows:	294

(a) Except as otherwise provided in division (C)(3)(b), (c),	295
(d), (e), (f), or (g) of this section, trafficking in marihuana is	296
a felony of the fifth degree, and division (C) of section 2929.13	297
of the Revised Code applies in determining whether to impose a	298
prison term on the offender.	299

(b) Except as otherwise provided in division (C)(3)(c), (d),	300
(e), (f), or (g) of this section, if the offense was committed in	301
the vicinity of a school or in the vicinity of a juvenile,	302
trafficking in marihuana is a felony of the fourth degree, and	303
division (C) of section 2929.13 of the Revised Code applies in	304
determining whether to impose a prison term on the offender.	305

(c) Except as otherwise provided in this division, if the	306
amount of the drug involved equals or exceeds two hundred grams	307
but is less than one thousand grams, trafficking in marihuana is a	308
felony of the fourth degree, and division (C) of section 2929.13	309
of the Revised Code applies in determining whether to impose a	310
prison term on the offender. If the amount of the drug involved is	311
within that range and if the offense was committed in the vicinity	312
of a school or in the vicinity of a juvenile, trafficking in	313
marihuana is a felony of the third degree, and division (C) of	314
section 2929.13 of the Revised Code applies in determining whether	315
to impose a prison term on the offender.	316

(d) Except as otherwise provided in this division, if the	317
amount of the drug involved equals or exceeds one thousand grams	318
but is less than five thousand grams, trafficking in marihuana is	319
a felony of the third degree, and division (C) of section 2929.13	320
of the Revised Code applies in determining whether to impose a	321
prison term on the offender. If the amount of the drug involved is	322
within that range and if the offense was committed in the vicinity	323
of a school or in the vicinity of a juvenile, trafficking in	324
marihuana is a felony of the second degree, and there is a	325
presumption that a prison term shall be imposed for the offense.	326

(e) Except as otherwise provided in this division, if the	327
amount of the drug involved equals or exceeds five thousand grams	328
but is less than twenty thousand grams, trafficking in marihuana	329
is a felony of the third degree, and there is a presumption that a	330
prison term shall be imposed for the offense. If the amount of the	331
drug involved is within that range and if the offense was	332
committed in the vicinity of a school or in the vicinity of a	333
juvenile, trafficking in marihuana is a felony of the second	334
degree, and there is a presumption that a prison term shall be	335
imposed for the offense.	336

(f) Except as otherwise provided in this division, if the	337
amount of the drug involved equals or exceeds twenty thousand	338
grams, trafficking in marihuana is a felony of the second degree,	339
and the court shall impose as a mandatory prison term the maximum	340
prison term prescribed for a felony of the second degree. If the	341
amount of the drug involved equals or exceeds twenty thousand	342
grams and if the offense was committed in the vicinity of a school	343
or in the vicinity of a juvenile, trafficking in marihuana is a	344
felony of the first degree, and the court shall impose as a	345
mandatory prison term the maximum prison term prescribed for a	346
felony of the first degree.	347

(g) Except as otherwise provided in this division, if the	348
offense involves a gift of twenty grams or less of marihuana,	349
trafficking in marihuana is a minor misdemeanor upon a first	350
offense and a misdemeanor of the third degree upon a subsequent	351
offense. If the offense involves a gift of twenty grams or less of	352
marihuana and if the offense was committed in the vicinity of a	353
school or in the vicinity of a juvenile, trafficking in marihuana	354
is a misdemeanor of the third degree.	355

(4) If the drug involved in the violation is cocaine or a	356
compound, mixture, preparation, or substance containing cocaine,	357
whoever violates division (A) of this section is guilty of	358
trafficking in cocaine. The penalty for the offense shall be	359
determined as follows:	360

(a) Except as otherwise provided in division (C)(4)(b), (c),	361
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	362
felony of the fifth degree, and division (C) of section 2929.13 of	363
the Revised Code applies in determining whether to impose a prison	364
term on the offender.	365

(b) Except as otherwise provided in division (C)(4)(c), (d),	366
(e), (f), or (g) of this section, if the offense was committed in	367
the vicinity of a school or in the vicinity of a juvenile,	368
trafficking in cocaine is a felony of the fourth degree, and	369
division (C) of section 2929.13 of the Revised Code applies in	370
determining whether to impose a prison term on the offender.	371

(c) Except as otherwise provided in this division, if the	372
amount of the drug involved equals or exceeds five grams but is	373
less than ten grams of cocaine that is not crack cocaine or equals	374
or exceeds one gram but is less than five grams of crack cocaine,	375
trafficking in cocaine is a felony of the fourth degree, and there	376
is a presumption for a prison term for the offense. If the amount	377
of the drug involved is within one of those ranges and if the	378
offense was committed in the vicinity of a school or in the	379
vicinity of a juvenile, trafficking in cocaine is a felony of the	380
third degree, and there is a presumption for a prison term for the	381
offense.	382

(d) Except as otherwise provided in this division, if the	383
amount of the drug involved equals or exceeds ten grams but is	384
less than one hundred grams of cocaine that is not crack cocaine	385
or equals or exceeds five grams but is less than ten grams of	386
crack cocaine, trafficking in cocaine is a felony of the third	387
degree, and the court shall impose as a mandatory prison term one	388
of the prison terms prescribed for a felony of the third degree.	389
If the amount of the drug involved is within one of those ranges	390
and if the offense was committed in the vicinity of a school or in	391
the vicinity of a juvenile, trafficking in cocaine is a felony of	392
the second degree, and the court shall impose as a mandatory	393
prison term one of the prison terms prescribed for a felony of the	394
second degree.	395

(e) Except as otherwise provided in this division, if the	396
amount of the drug involved equals or exceeds one hundred grams	397
but is less than five hundred grams of cocaine that is not crack	398
cocaine or equals or exceeds ten grams but is less than	399
twenty-five grams of crack cocaine, trafficking in cocaine is a	400
felony of the second degree, and the court shall impose as a	401
mandatory prison term one of the prison terms prescribed for a	402
felony of the second degree. If the amount of the drug involved is	403
within one of those ranges and if the offense was committed in the	404
vicinity of a school or in the vicinity of a juvenile, trafficking	405
in cocaine is a felony of the first degree, and the court shall	406
impose as a mandatory prison term one of the prison terms	407
prescribed for a felony of the first degree.	408

(f) If the amount of the drug involved equals or exceeds five	409
hundred grams but is less than one thousand grams of cocaine that	410
is not crack cocaine or equals or exceeds twenty-five grams but is	411
less than one hundred grams of crack cocaine and regardless of	412
whether the offense was committed in the vicinity of a school or	413
in the vicinity of a juvenile, trafficking in cocaine is a felony	414
of the first degree, and the court shall impose as a mandatory	415
prison term one of the prison terms prescribed for a felony of the	416
first degree.	417

(g) If the amount of the drug involved equals or exceeds one	418
thousand grams of cocaine that is not crack cocaine or equals or	419
exceeds one hundred grams of crack cocaine and regardless of	420
whether the offense was committed in the vicinity of a school or	421
in the vicinity of a juvenile, trafficking in cocaine is a felony	422
of the first degree, the offender is a major drug offender, and	423
the court shall impose as a mandatory prison term the maximum	424
prison term prescribed for a felony of the first degree and may	425
impose an additional mandatory prison term prescribed for a major	426
drug offender under division (D)(3)(b) of section 2929.14 of the	427
Revised Code.	428

(5) If the drug involved in the violation is L.S.D. or a	429
compound, mixture, preparation, or substance containing L.S.D.,	430
whoever violates division (A) of this section is guilty of	431
trafficking in L.S.D. The penalty for the offense shall be	432
determined as follows:	433

(a) Except as otherwise provided in division (C)(5)(b), (c),	434
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	435
felony of the fifth degree, and division (C) of section 2929.13 of	436
the Revised Code applies in determining whether to impose a prison	437
term on the offender.	438

(b) Except as otherwise provided in division (C)(5)(c), (d),	439
(e), (f), or (g) of this section, if the offense was committed in	440
the vicinity of a school or in the vicinity of a juvenile,	441
trafficking in L.S.D. is a felony of the fourth degree, and	442
division (C) of section 2929.13 of the Revised Code applies in	443
determining whether to impose a prison term on the offender.	444

(c) Except as otherwise provided in this division, if the	445
amount of the drug involved equals or exceeds ten unit doses but	446
is less than fifty unit doses of L.S.D. in a solid form or equals	447
or exceeds one gram but is less than five grams of L.S.D. in a	448
liquid concentrate, liquid extract, or liquid distillate form,	449
trafficking in L.S.D. is a felony of the fourth degree, and there	450
is a presumption for a prison term for the offense. If the amount	451
of the drug involved is within that range and if the offense was	452
committed in the vicinity of a school or in the vicinity of a	453
juvenile, trafficking in L.S.D. is a felony of the third degree,	454
and there is a presumption for a prison term for the offense.	455

(d) Except as otherwise provided in this division, if the	456
amount of the drug involved equals or exceeds fifty unit doses but	457
is less than two hundred fifty unit doses of L.S.D. in a solid	458
form or equals or exceeds five grams but is less than twenty-five	459
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	460
distillate form, trafficking in L.S.D. is a felony of the third	461
degree, and the court shall impose as a mandatory prison term one	462
of the prison terms prescribed for a felony of the third degree.	463
If the amount of the drug involved is within that range and if the	464
offense was committed in the vicinity of a school or in the	465
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	466
second degree, and the court shall impose as a mandatory prison	467
term one of the prison terms prescribed for a felony of the second	468
degree.	469

(e) Except as otherwise provided in this division, if the	470
amount of the drug involved equals or exceeds two hundred fifty	471
unit doses but is less than one thousand unit doses of L.S.D. in a	472
solid form or equals or exceeds twenty-five grams but is less than	473
one hundred grams of L.S.D. in a liquid concentrate, liquid	474
extract, or liquid distillate form, trafficking in L.S.D. is a	475
felony of the second degree, and the court shall impose as a	476
mandatory prison term one of the prison terms prescribed for a	477
felony of the second degree. If the amount of the drug involved is	478
within that range and if the offense was committed in the vicinity	479
of a school or in the vicinity of a juvenile, trafficking in	480
L.S.D. is a felony of the first degree, and the court shall impose	481
as a mandatory prison term one of the prison terms prescribed for	482
a felony of the first degree.	483

(f) If the amount of the drug involved equals or exceeds one	484
thousand unit doses but is less than five thousand unit doses of	485
L.S.D. in a solid form or equals or exceeds one hundred grams but	486
is less than five hundred grams of L.S.D. in a liquid concentrate,	487
liquid extract, or liquid distillate form and regardless of	488
whether the offense was committed in the vicinity of a school or	489
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	490
of the first degree, and the court shall impose as a mandatory	491
prison term one of the prison terms prescribed for a felony of the	492
first degree.	493

(g) If the amount of the drug involved equals or exceeds five	494
thousand unit doses of L.S.D. in a solid form or equals or exceeds	495
five hundred grams of L.S.D. in a liquid concentrate, liquid	496
extract, or liquid distillate form and regardless of whether the	497
offense was committed in the vicinity of a school or in the	498
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	499
first degree, the offender is a major drug offender, and the court	500
shall impose as a mandatory prison term the maximum prison term	501
prescribed for a felony of the first degree and may impose an	502
additional mandatory prison term prescribed for a major drug	503
offender under division (D)(3)(b) of section 2929.14 of the	504
Revised Code.	505

(6) If the drug involved in the violation is heroin or a	506
compound, mixture, preparation, or substance containing heroin,	507
whoever violates division (A) of this section is guilty of	508
trafficking in heroin. The penalty for the offense shall be	509
determined as follows:	510

(a) Except as otherwise provided in division (C)(6)(b), (c),	511
(d), (e), (f), or (g) of this section, trafficking in heroin is a	512
felony of the fifth degree, and division (C) of section 2929.13 of	513
the Revised Code applies in determining whether to impose a prison	514
term on the offender.	515

(b) Except as otherwise provided in division (C)(6)(c), (d),	516
(e), (f), or (g) of this section, if the offense was committed in	517
the vicinity of a school or in the vicinity of a juvenile,	518
trafficking in heroin is a felony of the fourth degree, and	519
division (C) of section 2929.13 of the Revised Code applies in	520
determining whether to impose a prison term on the offender.	521

(c) Except as otherwise provided in this division, if the	522
amount of the drug involved equals or exceeds ten unit doses but	523
is less than fifty unit doses or equals or exceeds one gram but is	524
less than five grams, trafficking in heroin is a felony of the	525
fourth degree, and there is a presumption for a prison term for	526
the offense. If the amount of the drug involved is within that	527
range and if the offense was committed in the vicinity of a school	528
or in the vicinity of a juvenile, trafficking in heroin is a	529
felony of the third degree, and there is a presumption for a	530
prison term for the offense.	531

(d) Except as otherwise provided in this division, if the	532
amount of the drug involved equals or exceeds fifty unit doses but	533
is less than one hundred unit doses or equals or exceeds five	534
grams but is less than ten grams, trafficking in heroin is a	535
felony of the third degree, and there is a presumption for a	536
prison term for the offense. If the amount of the drug involved is	537
within that range and if the offense was committed in the vicinity	538
of a school or in the vicinity of a juvenile, trafficking in	539
heroin is a felony of the second degree, and there is a	540
presumption for a prison term for the offense.	541

(e) Except as otherwise provided in this division, if the	542
amount of the drug involved equals or exceeds one hundred unit	543
doses but is less than five hundred unit doses or equals or	544
exceeds ten grams but is less than fifty grams, trafficking in	545
heroin is a felony of the second degree, and the court shall	546
impose as a mandatory prison term one of the prison terms	547
prescribed for a felony of the second degree. If the amount of the	548
drug involved is within that range and if the offense was	549
committed in the vicinity of a school or in the vicinity of a	550
juvenile, trafficking in heroin is a felony of the first degree,	551
and the court shall impose as a mandatory prison term one of the	552
prison terms prescribed for a felony of the first degree.	553

(f) If the amount of the drug involved equals or exceeds five	554
hundred unit doses but is less than two thousand five hundred unit	555
doses or equals or exceeds fifty grams but is less than two	556
hundred fifty grams and regardless of whether the offense was	557
committed in the vicinity of a school or in the vicinity of a	558
juvenile, trafficking in heroin is a felony of the first degree,	559
and the court shall impose as a mandatory prison term one of the	560
prison terms prescribed for a felony of the first degree.	561

(g) If the amount of the drug involved equals or exceeds two	562
thousand five hundred unit doses or equals or exceeds two hundred	563
fifty grams and regardless of whether the offense was committed in	564
the vicinity of a school or in the vicinity of a juvenile,	565
trafficking in heroin is a felony of the first degree, the	566
offender is a major drug offender, and the court shall impose as a	567
mandatory prison term the maximum prison term prescribed for a	568
felony of the first degree and may impose an additional mandatory	569
prison term prescribed for a major drug offender under division	570
(D)(3)(b) of section 2929.14 of the Revised Code.	571

(7) If the drug involved in the violation is hashish or a	572
compound, mixture, preparation, or substance containing hashish,	573
whoever violates division (A) of this section is guilty of	574
trafficking in hashish. The penalty for the offense shall be	575
determined as follows:	576

(a) Except as otherwise provided in division (C)(7)(b), (c),	577
(d), (e), or (f) of this section, trafficking in hashish is a	578
felony of the fifth degree, and division (C) of section 2929.13 of	579
the Revised Code applies in determining whether to impose a prison	580
term on the offender.	581

(b) Except as otherwise provided in division (C)(7)(c), (d),	582
(e), or (f) of this section, if the offense was committed in the	583
vicinity of a school or in the vicinity of a juvenile, trafficking	584
in hashish is a felony of the fourth degree, and division (C) of	585
section 2929.13 of the Revised Code applies in determining whether	586
to impose a prison term on the offender.	587

(c) Except as otherwise provided in this division, if the	588
amount of the drug involved equals or exceeds ten grams but is	589
less than fifty grams of hashish in a solid form or equals or	590
exceeds two grams but is less than ten grams of hashish in a	591
liquid concentrate, liquid extract, or liquid distillate form,	592
trafficking in hashish is a felony of the fourth degree, and	593
division (C) of section 2929.13 of the Revised Code applies in	594
determining whether to impose a prison term on the offender. If	595
the amount of the drug involved is within that range and if the	596
offense was committed in the vicinity of a school or in the	597
vicinity of a juvenile, trafficking in hashish is a felony of the	598
third degree, and division (C) of section 2929.13 of the Revised	599
Code applies in determining whether to impose a prison term on the	600
offender.	601

(d) Except as otherwise provided in this division, if the	602
amount of the drug involved equals or exceeds fifty grams but is	603
less than two hundred fifty grams of hashish in a solid form or	604
equals or exceeds ten grams but is less than fifty grams of	605
hashish in a liquid concentrate, liquid extract, or liquid	606
distillate form, trafficking in hashish is a felony of the third	607
degree, and division (C) of section 2929.13 of the Revised Code	608
applies in determining whether to impose a prison term on the	609
offender. If the amount of the drug involved is within that range	610
and if the offense was committed in the vicinity of a school or in	611
the vicinity of a juvenile, trafficking in hashish is a felony of	612
the second degree, and there is a presumption that a prison term	613
shall be imposed for the offense.	614

(e) Except as otherwise provided in this division, if the	615
amount of the drug involved equals or exceeds two hundred fifty	616
grams but is less than one thousand grams of hashish in a solid	617
form or equals or exceeds fifty grams but is less than two hundred	618
grams of hashish in a liquid concentrate, liquid extract, or	619
liquid distillate form, trafficking in hashish is a felony of the	620
third degree, and there is a presumption that a prison term shall	621
be imposed for the offense. If the amount of the drug involved is	622
within that range and if the offense was committed in the vicinity	623
of a school or in the vicinity of a juvenile, trafficking in	624
hashish is a felony of the second degree, and there is a	625
presumption that a prison term shall be imposed for the offense.	626

(f) Except as otherwise provided in this division, if the	627
amount of the drug involved equals or exceeds one thousand grams	628
of hashish in a solid form or equals or exceeds two hundred grams	629
of hashish in a liquid concentrate, liquid extract, or liquid	630
distillate form, trafficking in hashish is a felony of the second	631
degree, and the court shall impose as a mandatory prison term the	632
maximum prison term prescribed for a felony of the second degree.	633
If the amount of the drug involved is within that range and if the	634
offense was committed in the vicinity of a school or in the	635
vicinity of a juvenile, trafficking in hashish is a felony of the	636
first degree, and the court shall impose as a mandatory prison	637
term the maximum prison term prescribed for a felony of the first	638
degree.	639

(8) If the drug involved in the violation is	640
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or	641
(6aR,10aR)-9-(hydroxymethyl)-6,	642
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	643
tetrahydrobenzo[c]chromen-1-ol or a compound, mixture,	644
preparation, or substance containing	645
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or	646
(6aR,10aR)-9-(hydroxymethyl)-6,	647
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	648
tetrahydrobenzo[c]chromen-1-ol, whoever violates division (A) of	649
this section is guilty of trafficking in spice. The penalty for	650
the offense shall be determined as follows:	651

(a) Except as otherwise provided in division (C)(8)(b) of	652
this section, trafficking in spice is a felony of the fifth	653
degree, and division (C) of section 2929.13 of the Revised Code	654
applies in determining whether to impose a prison term on the	655
offender.	656

(b) If the offense was committed in the vicinity of a school	657
or in the vicinity of a juvenile, trafficking in spice is a felony	658
of the fourth degree, and division (C) of section 2929.13 of the	659
Revised Code applies in determining whether to impose a prison	660
term on the offender.	661

(D) In addition to any prison term authorized or required by	662
division (C) of this section and sections 2929.13 and 2929.14 of	663
the Revised Code, and in addition to any other sanction imposed	664
for the offense under this section or sections 2929.11 to 2929.18	665
of the Revised Code, the court that sentences an offender who is	666
convicted of or pleads guilty to a violation of division (A) of	667
this section shall do all of the following that are applicable	668
regarding the offender:	669

(1) If the violation of division (A) of this section is a	670
felony of the first, second, or third degree, the court shall	671
impose upon the offender the mandatory fine specified for the	672
offense under division (B)(1) of section 2929.18 of the Revised	673
Code unless, as specified in that division, the court determines	674
that the offender is indigent. Except as otherwise provided in	675
division (H)(1) of this section, a mandatory fine or any other	676
fine imposed for a violation of this section is subject to	677
division (F) of this section. If a person is charged with a	678
violation of this section that is a felony of the first, second,	679
or third degree, posts bail, and forfeits the bail, the clerk of	680
the court shall pay the forfeited bail pursuant to divisions	681
(D)(1) and (F) of this section, as if the forfeited bail was a	682
fine imposed for a violation of this section. If any amount of the	683
forfeited bail remains after that payment and if a fine is imposed	684
under division (H)(1) of this section, the clerk of the court	685
shall pay the remaining amount of the forfeited bail pursuant to	686
divisions (H)(2) and (3) of this section, as if that remaining	687
amount was a fine imposed under division (H)(1) of this section.	688

(2) The court shall suspend the driver's or commercial	689
driver's license or permit of the offender in accordance with	690
division (G) of this section.	691

(3) If the offender is a professionally licensed person, the	692
court immediately shall comply with section 2925.38 of the Revised	693
Code.	694

(E) When a person is charged with the sale of or offer to	695
sell a bulk amount or a multiple of a bulk amount of a controlled	696
substance, the jury, or the court trying the accused, shall	697
determine the amount of the controlled substance involved at the	698
time of the offense and, if a guilty verdict is returned, shall	699
return the findings as part of the verdict. In any such case, it	700
is unnecessary to find and return the exact amount of the	701
controlled substance involved, and it is sufficient if the finding	702
and return is to the effect that the amount of the controlled	703
substance involved is the requisite amount, or that the amount of	704
the controlled substance involved is less than the requisite	705
amount.	706

(F)(1) Notwithstanding any contrary provision of section	707
3719.21 of the Revised Code and except as provided in division (H)	708
of this section, the clerk of the court shall pay any mandatory	709
fine imposed pursuant to division (D)(1) of this section and any	710
fine other than a mandatory fine that is imposed for a violation	711
of this section pursuant to division (A) or (B)(5) of section	712
2929.18 of the Revised Code to the county, township, municipal	713
corporation, park district, as created pursuant to section 511.18	714
or 1545.04 of the Revised Code, or state law enforcement agencies	715
in this state that primarily were responsible for or involved in	716
making the arrest of, and in prosecuting, the offender. However,	717
the clerk shall not pay a mandatory fine so imposed to a law	718
enforcement agency unless the agency has adopted a written	719
internal control policy under division (F)(2) of this section that	720
addresses the use of the fine moneys that it receives. Each	721
agency shall use the mandatory fines so paid to subsidize the	722
agency's law enforcement efforts that pertain to drug offenses, in	723
accordance with the written internal control policy adopted by the	724
recipient agency under division (F)(2) of this section.	725

(2)(a) Prior to receiving any fine moneys under division	726
(F)(1) of this section or division (B) of section 2925.42 of the	727
Revised Code, a law enforcement agency shall adopt a written	728
internal control policy that addresses the agency's use and	729
disposition of all fine moneys so received and that provides for	730
the keeping of detailed financial records of the receipts of those	731
fine moneys, the general types of expenditures made out of those	732
fine moneys, and the specific amount of each general type of	733
expenditure. The policy shall not provide for or permit the	734
identification of any specific expenditure that is made in an	735
ongoing investigation. All financial records of the receipts of	736
those fine moneys, the general types of expenditures made out of	737
those fine moneys, and the specific amount of each general type of	738
expenditure by an agency are public records open for inspection	739
under section 149.43 of the Revised Code. Additionally, a written	740
internal control policy adopted under this division is such a	741
public record, and the agency that adopted it shall comply with	742
it.	743

(b) Each law enforcement agency that receives in any calendar	744
year any fine moneys under division (F)(1) of this section or	745
division (B) of section 2925.42 of the Revised Code shall prepare	746
a report covering the calendar year that cumulates all of the	747
information contained in all of the public financial records kept	748
by the agency pursuant to division (F)(2)(a) of this section for	749
that calendar year, and shall send a copy of the cumulative	750
report, no later than the first day of March in the calendar year	751
following the calendar year covered by the report, to the attorney	752
general. Each report received by the attorney general is a public	753
record open for inspection under section 149.43 of the Revised	754
Code. Not later than the fifteenth day of April in the calendar	755
year in which the reports are received, the attorney general shall	756
send to the president of the senate and the speaker of the house	757
of representatives a written notification that does all of the	758
following:	759

(i) Indicates that the attorney general has received from law	760
enforcement agencies reports of the type described in this	761
division that cover the previous calendar year and indicates that	762
the reports were received under this division;	763

(ii) Indicates that the reports are open for inspection under	764
section 149.43 of the Revised Code;	765

(iii) Indicates that the attorney general will provide a copy	766
of any or all of the reports to the president of the senate or the	767
speaker of the house of representatives upon request.	768

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

769

(a) "Law enforcement agencies" includes, but is not limited	770
to, the state board of pharmacy and the office of a prosecutor.	771

(b) "Prosecutor" has the same meaning as in section 2935.01	772
of the Revised Code.	773

(G) When required under division (D)(2) of this section or	774
any other provision of this chapter, the court shall suspend for	775
not less than six months or more than five years the driver's or	776
commercial driver's license or permit of any person who is	777
convicted of or pleads guilty to any violation of this section or	778
any other specified provision of this chapter. If an offender's	779
driver's or commercial driver's license or permit is suspended	780
pursuant to this division, the offender, at any time after the	781
expiration of two years from the day on which the offender's	782
sentence was imposed or from the day on which the offender finally	783
was released from a prison term under the sentence, whichever is	784
later, may file a motion with the sentencing court requesting	785
termination of the suspension; upon the filing of such a motion	786
and the court's finding of good cause for the termination, the	787
court may terminate the suspension.	788

(H)(1) In addition to any prison term authorized or required	789
by division (C) of this section and sections 2929.13 and 2929.14	790
of the Revised Code, in addition to any other penalty or sanction	791
imposed for the offense under this section or sections 2929.11 to	792
2929.18 of the Revised Code, and in addition to the forfeiture of	793
property in connection with the offense as prescribed in Chapter	794
2981. of the Revised Code, the court that sentences an offender	795
who is convicted of or pleads guilty to a violation of division	796
(A) of this section may impose upon the offender an additional	797
fine specified for the offense in division (B)(4) of section	798
2929.18 of the Revised Code. A fine imposed under division (H)(1)	799
of this section is not subject to division (F) of this section and	800
shall be used solely for the support of one or more eligible	801
alcohol and drug addiction programs in accordance with divisions	802
(H)(2) and (3) of this section.	803

(2) The court that imposes a fine under division (H)(1) of	804
this section shall specify in the judgment that imposes the fine	805
one or more eligible alcohol and drug addiction programs for the	806
support of which the fine money is to be used. No alcohol and drug	807
addiction program shall receive or use money paid or collected in	808
satisfaction of a fine imposed under division (H)(1) of this	809
section unless the program is specified in the judgment that	810
imposes the fine. No alcohol and drug addiction program shall be	811
specified in the judgment unless the program is an eligible	812
alcohol and drug addiction program and, except as otherwise	813
provided in division (H)(2) of this section, unless the program is	814
located in the county in which the court that imposes the fine is	815
located or in a county that is immediately contiguous to the	816
county in which that court is located. If no eligible alcohol and	817
drug addiction program is located in any of those counties, the	818
judgment may specify an eligible alcohol and drug addiction	819
program that is located anywhere within this state.	820

(3) Notwithstanding any contrary provision of section 3719.21	821
of the Revised Code, the clerk of the court shall pay any fine	822
imposed under division (H)(1) of this section to the eligible	823
alcohol and drug addiction program specified pursuant to division	824
(H)(2) of this section in the judgment. The eligible alcohol and	825
drug addiction program that receives the fine moneys shall use the	826
moneys only for the alcohol and drug addiction services identified	827
in the application for certification under section 3793.06 of the	828
Revised Code or in the application for a license under section	829
3793.11 of the Revised Code filed with the department of alcohol	830
and drug addiction services by the alcohol and drug addiction	831
program specified in the judgment.	832

(4) Each alcohol and drug addiction program that receives in	833
a calendar year any fine moneys under division (H)(3) of this	834
section shall file an annual report covering that calendar year	835
with the court of common pleas and the board of county	836
commissioners of the county in which the program is located, with	837
the court of common pleas and the board of county commissioners of	838
each county from which the program received the moneys if that	839
county is different from the county in which the program is	840
located, and with the attorney general. The alcohol and drug	841
addiction program shall file the report no later than the first	842
day of March in the calendar year following the calendar year in	843
which the program received the fine moneys. The report shall	844
include statistics on the number of persons served by the alcohol	845
and drug addiction program, identify the types of alcohol and drug	846
addiction services provided to those persons, and include a	847
specific accounting of the purposes for which the fine moneys	848
received were used. No information contained in the report shall	849
identify, or enable a person to determine the identity of, any	850
person served by the alcohol and drug addiction program. Each	851
report received by a court of common pleas, a board of county	852
commissioners, or the attorney general is a public record open for	853
inspection under section 149.43 of the Revised Code.	854

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

855

(a) "Alcohol and drug addiction program" and "alcohol and	856
drug addiction services" have the same meanings as in section	857
3793.01 of the Revised Code.	858

(b) "Eligible alcohol and drug addiction program" means an	859
alcohol and drug addiction program that is certified under section	860
3793.06 of the Revised Code or licensed under section 3793.11 of	861
the Revised Code by the department of alcohol and drug addiction	862
services.	863

(I) As used in this section, "drug" includes any substance	864
that is represented to be a drug.	865

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	866
or use a controlled substance.	867

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

868

(1) Manufacturers, licensed health professionals authorized	869
to prescribe drugs, pharmacists, owners of pharmacies, and other	870
persons whose conduct was in accordance with Chapters 3719.,	871
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	872

(2) If the offense involves an anabolic steroid, any person	873
who is conducting or participating in a research project involving	874
the use of an anabolic steroid if the project has been approved by	875
the United States food and drug administration;	876

(3) Any person who sells, offers for sale, prescribes,	877
dispenses, or administers for livestock or other nonhuman species	878
an anabolic steroid that is expressly intended for administration	879
through implants to livestock or other nonhuman species and	880
approved for that purpose under the "Federal Food, Drug, and	881
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	882
and is sold, offered for sale, prescribed, dispensed, or	883
administered for that purpose in accordance with that act;	884

(4) Any person who obtained the controlled substance pursuant	885
to a lawful prescription issued by a licensed health professional	886
authorized to prescribe drugs.	887

(C) Whoever violates division (A) of this section is guilty	888
of one of the following:	889

(1) If the drug involved in the violation is a compound,	890
mixture, preparation, or substance included in schedule I or II,	891
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	892
1-Butyl-3-(1-naphthoyl)indole, (6aR,10aR)-9-(hydroxymethyl)-6,	893
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	894
tetrahydrobenzo[c]chromen-1-ol, cocaine, L.S.D., heroin, and	895
hashish, whoever violates division (A) of this section is guilty	896
of aggravated possession of drugs. The penalty for the offense	897
shall be determined as follows:	898

(a) Except as otherwise provided in division (C)(1)(b), (c),	899
(d), or (e) of this section, aggravated possession of drugs is a	900
felony of the fifth degree, and division (B) of section 2929.13 of	901
the Revised Code applies in determining whether to impose a prison	902
term on the offender.	903

(b) If the amount of the drug involved equals or exceeds the	904
bulk amount but is less than five times the bulk amount,	905
aggravated possession of drugs is a felony of the third degree,	906
and there is a presumption for a prison term for the offense.	907

(c) If the amount of the drug involved equals or exceeds five	908
times the bulk amount but is less than fifty times the bulk	909
amount, aggravated possession of drugs is a felony of the second	910
degree, and the court shall impose as a mandatory prison term one	911
of the prison terms prescribed for a felony of the second degree.	912

(d) If the amount of the drug involved equals or exceeds	913
fifty times the bulk amount but is less than one hundred times the	914
bulk amount, aggravated possession of drugs is a felony of the	915
first degree, and the court shall impose as a mandatory prison	916
term one of the prison terms prescribed for a felony of the first	917
degree.	918

(e) If the amount of the drug involved equals or exceeds one	919
hundred times the bulk amount, aggravated possession of drugs is a	920
felony of the first degree, the offender is a major drug offender,	921
and the court shall impose as a mandatory prison term the maximum	922
prison term prescribed for a felony of the first degree and may	923
impose an additional mandatory prison term prescribed for a major	924
drug offender under division (D)(3)(b) of section 2929.14 of the	925
Revised Code.	926

(2) If the drug involved in the violation is a compound,	927
mixture, preparation, or substance included in schedule III, IV,	928
or V, whoever violates division (A) of this section is guilty of	929
possession of drugs. The penalty for the offense shall be	930
determined as follows:	931

(a) Except as otherwise provided in division (C)(2)(b), (c),	932
or (d) of this section, possession of drugs is a misdemeanor of	933
the first degree or, if the offender previously has been convicted	934
of a drug abuse offense, a felony of the fifth degree.	935

(b) If the amount of the drug involved equals or exceeds the	936
bulk amount but is less than five times the bulk amount,	937
possession of drugs is a felony of the fourth degree, and division	938
(C) of section 2929.13 of the Revised Code applies in determining	939
whether to impose a prison term on the offender.	940

(c) If the amount of the drug involved equals or exceeds five	941
times the bulk amount but is less than fifty times the bulk	942
amount, possession of drugs is a felony of the third degree, and	943
there is a presumption for a prison term for the offense.	944

(d) If the amount of the drug involved equals or exceeds	945
fifty times the bulk amount, possession of drugs is a felony of	946
the second degree, and the court shall impose upon the offender as	947
a mandatory prison term one of the prison terms prescribed for a	948
felony of the second degree.	949

(3) If the drug involved in the violation is marihuana or a	950
compound, mixture, preparation, or substance containing marihuana	951
other than hashish, whoever violates division (A) of this section	952
is guilty of possession of marihuana. The penalty for the offense	953
shall be determined as follows:	954

(a) Except as otherwise provided in division (C)(3)(b), (c),	955
(d), (e), or (f) of this section, possession of marihuana is a	956
minor misdemeanor.	957

(b) If the amount of the drug involved equals or exceeds one	958
hundred grams but is less than two hundred grams, possession of	959
marihuana is a misdemeanor of the fourth degree.	960

(c) If the amount of the drug involved equals or exceeds two	961
hundred grams but is less than one thousand grams, possession of	962
marihuana is a felony of the fifth degree, and division (B) of	963
section 2929.13 of the Revised Code applies in determining whether	964
to impose a prison term on the offender.	965

(d) If the amount of the drug involved equals or exceeds one	966
thousand grams but is less than five thousand grams, possession of	967
marihuana is a felony of the third degree, and division (C) of	968
section 2929.13 of the Revised Code applies in determining whether	969
to impose a prison term on the offender.	970

(e) If the amount of the drug involved equals or exceeds five	971
thousand grams but is less than twenty thousand grams, possession	972
of marihuana is a felony of the third degree, and there is a	973
presumption that a prison term shall be imposed for the offense.	974

(f) If the amount of the drug involved equals or exceeds	975
twenty thousand grams, possession of marihuana is a felony of the	976
second degree, and the court shall impose as a mandatory prison	977
term the maximum prison term prescribed for a felony of the second	978
degree.	979

(4) If the drug involved in the violation is cocaine or a	980
compound, mixture, preparation, or substance containing cocaine,	981
whoever violates division (A) of this section is guilty of	982
possession of cocaine. The penalty for the offense shall be	983
determined as follows:	984

(a) Except as otherwise provided in division (C)(4)(b), (c),	985
(d), (e), or (f) of this section, possession of cocaine is a	986
felony of the fifth degree, and division (B) of section 2929.13 of	987
the Revised Code applies in determining whether to impose a prison	988
term on the offender.	989

(b) If the amount of the drug involved equals or exceeds five	990
grams but is less than twenty-five grams of cocaine that is not	991
crack cocaine or equals or exceeds one gram but is less than five	992
grams of crack cocaine, possession of cocaine is a felony of the	993
fourth degree, and there is a presumption for a prison term for	994
the offense.	995

(c) If the amount of the drug involved equals or exceeds	996
twenty-five grams but is less than one hundred grams of cocaine	997
that is not crack cocaine or equals or exceeds five grams but is	998
less than ten grams of crack cocaine, possession of cocaine is a	999
felony of the third degree, and the court shall impose as a	1000
mandatory prison term one of the prison terms prescribed for a	1001
felony of the third degree.	1002

(d) If the amount of the drug involved equals or exceeds one	1003
hundred grams but is less than five hundred grams of cocaine that	1004
is not crack cocaine or equals or exceeds ten grams but is less	1005
than twenty-five grams of crack cocaine, possession of cocaine is	1006
a felony of the second degree, and the court shall impose as a	1007
mandatory prison term one of the prison terms prescribed for a	1008
felony of the second degree.	1009

(e) If the amount of the drug involved equals or exceeds five	1010
hundred grams but is less than one thousand grams of cocaine that	1011
is not crack cocaine or equals or exceeds twenty-five grams but is	1012
less than one hundred grams of crack cocaine, possession of	1013
cocaine is a felony of the first degree, and the court shall	1014
impose as a mandatory prison term one of the prison terms	1015
prescribed for a felony of the first degree.	1016

(f) If the amount of the drug involved equals or exceeds one	1017
thousand grams of cocaine that is not crack cocaine or equals or	1018
exceeds one hundred grams of crack cocaine, possession of cocaine	1019
is a felony of the first degree, the offender is a major drug	1020
offender, and the court shall impose as a mandatory prison term	1021
the maximum prison term prescribed for a felony of the first	1022
degree and may impose an additional mandatory prison term	1023
prescribed for a major drug offender under division (D)(3)(b) of	1024
section 2929.14 of the Revised Code.	1025

(5) If the drug involved in the violation is L.S.D., whoever	1026
violates division (A) of this section is guilty of possession of	1027
L.S.D. The penalty for the offense shall be determined as follows:	1028

(a) Except as otherwise provided in division (C)(5)(b), (c),	1029
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1030
of the fifth degree, and division (B) of section 2929.13 of the	1031
Revised Code applies in determining whether to impose a prison	1032
term on the offender.	1033

(b) If the amount of L.S.D. involved equals or exceeds ten	1034
unit doses but is less than fifty unit doses of L.S.D. in a solid	1035
form or equals or exceeds one gram but is less than five grams of	1036
L.S.D. in a liquid concentrate, liquid extract, or liquid	1037
distillate form, possession of L.S.D. is a felony of the fourth	1038
degree, and division (C) of section 2929.13 of the Revised Code	1039
applies in determining whether to impose a prison term on the	1040
offender.	1041

(c) If the amount of L.S.D. involved equals or exceeds fifty	1042
unit doses, but is less than two hundred fifty unit doses of	1043
L.S.D. in a solid form or equals or exceeds five grams but is less	1044
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1045
extract, or liquid distillate form, possession of L.S.D. is a	1046
felony of the third degree, and there is a presumption for a	1047
prison term for the offense.	1048

(d) If the amount of L.S.D. involved equals or exceeds two	1049
hundred fifty unit doses but is less than one thousand unit doses	1050
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1051
but is less than one hundred grams of L.S.D. in a liquid	1052
concentrate, liquid extract, or liquid distillate form, possession	1053
of L.S.D. is a felony of the second degree, and the court shall	1054
impose as a mandatory prison term one of the prison terms	1055
prescribed for a felony of the second degree.	1056

(e) If the amount of L.S.D. involved equals or exceeds one	1057
thousand unit doses but is less than five thousand unit doses of	1058
L.S.D. in a solid form or equals or exceeds one hundred grams but	1059
is less than five hundred grams of L.S.D. in a liquid concentrate,	1060
liquid extract, or liquid distillate form, possession of L.S.D. is	1061
a felony of the first degree, and the court shall impose as a	1062
mandatory prison term one of the prison terms prescribed for a	1063
felony of the first degree.	1064

(f) If the amount of L.S.D. involved equals or exceeds five	1065
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1066
five hundred grams of L.S.D. in a liquid concentrate, liquid	1067
extract, or liquid distillate form, possession of L.S.D. is a	1068
felony of the first degree, the offender is a major drug offender,	1069
and the court shall impose as a mandatory prison term the maximum	1070
prison term prescribed for a felony of the first degree and may	1071
impose an additional mandatory prison term prescribed for a major	1072
drug offender under division (D)(3)(b) of section 2929.14 of the	1073
Revised Code.	1074

(6) If the drug involved in the violation is heroin or a	1075
compound, mixture, preparation, or substance containing heroin,	1076
whoever violates division (A) of this section is guilty of	1077
possession of heroin. The penalty for the offense shall be	1078
determined as follows:	1079

(a) Except as otherwise provided in division (C)(6)(b), (c),	1080
(d), (e), or (f) of this section, possession of heroin is a felony	1081
of the fifth degree, and division (B) of section 2929.13 of the	1082
Revised Code applies in determining whether to impose a prison	1083
term on the offender.	1084

(b) If the amount of the drug involved equals or exceeds ten	1085
unit doses but is less than fifty unit doses or equals or exceeds	1086
one gram but is less than five grams, possession of heroin is a	1087
felony of the fourth degree, and division (C) of section 2929.13	1088
of the Revised Code applies in determining whether to impose a	1089
prison term on the offender.	1090

(c) If the amount of the drug involved equals or exceeds	1091
fifty unit doses but is less than one hundred unit doses or equals	1092
or exceeds five grams but is less than ten grams, possession of	1093
heroin is a felony of the third degree, and there is a presumption	1094
for a prison term for the offense.	1095

(d) If the amount of the drug involved equals or exceeds one	1096
hundred unit doses but is less than five hundred unit doses or	1097
equals or exceeds ten grams but is less than fifty grams,	1098
possession of heroin is a felony of the second degree, and the	1099
court shall impose as a mandatory prison term one of the prison	1100
terms prescribed for a felony of the second degree.	1101

(e) If the amount of the drug involved equals or exceeds five	1102
hundred unit doses but is less than two thousand five hundred unit	1103
doses or equals or exceeds fifty grams but is less than two	1104
hundred fifty grams, possession of heroin is a felony of the first	1105
degree, and the court shall impose as a mandatory prison term one	1106
of the prison terms prescribed for a felony of the first degree.	1107

(f) If the amount of the drug involved equals or exceeds two	1108
thousand five hundred unit doses or equals or exceeds two hundred	1109
fifty grams, possession of heroin is a felony of the first degree,	1110
the offender is a major drug offender, and the court shall impose	1111
as a mandatory prison term the maximum prison term prescribed for	1112
a felony of the first degree and may impose an additional	1113
mandatory prison term prescribed for a major drug offender under	1114
division (D)(3)(b) of section 2929.14 of the Revised Code.	1115

(7) If the drug involved in the violation is hashish or a	1116
compound, mixture, preparation, or substance containing hashish,	1117
whoever violates division (A) of this section is guilty of	1118
possession of hashish. The penalty for the offense shall be	1119
determined as follows:	1120

(a) Except as otherwise provided in division (C)(7)(b), (c),	1121
(d), (e), or (f) of this section, possession of hashish is a minor	1122
misdemeanor.	1123

(b) If the amount of the drug involved equals or exceeds five	1124
grams but is less than ten grams of hashish in a solid form or	1125
equals or exceeds one gram but is less than two grams of hashish	1126
in a liquid concentrate, liquid extract, or liquid distillate	1127
form, possession of hashish is a misdemeanor of the fourth degree.	1128

(c) If the amount of the drug involved equals or exceeds ten	1129
grams but is less than fifty grams of hashish in a solid form or	1130
equals or exceeds two grams but is less than ten grams of hashish	1131
in a liquid concentrate, liquid extract, or liquid distillate	1132
form, possession of hashish is a felony of the fifth degree, and	1133
division (B) of section 2929.13 of the Revised Code applies in	1134
determining whether to impose a prison term on the offender.	1135

(d) If the amount of the drug involved equals or exceeds	1136
fifty grams but is less than two hundred fifty grams of hashish in	1137
a solid form or equals or exceeds ten grams but is less than fifty	1138
grams of hashish in a liquid concentrate, liquid extract, or	1139
liquid distillate form, possession of hashish is a felony of the	1140
third degree, and division (C) of section 2929.13 of the Revised	1141
Code applies in determining whether to impose a prison term on the	1142
offender.	1143

(e) If the amount of the drug involved equals or exceeds two	1144
hundred fifty grams but is less than one thousand grams of hashish	1145
in a solid form or equals or exceeds fifty grams but is less than	1146
two hundred grams of hashish in a liquid concentrate, liquid	1147
extract, or liquid distillate form, possession of hashish is a	1148
felony of the third degree, and there is a presumption that a	1149
prison term shall be imposed for the offense.	1150

(f) If the amount of the drug involved equals or exceeds one	1151
thousand grams of hashish in a solid form or equals or exceeds two	1152
hundred grams of hashish in a liquid concentrate, liquid extract,	1153
or liquid distillate form, possession of hashish is a felony of	1154
the second degree, and the court shall impose as a mandatory	1155
prison term the maximum prison term prescribed for a felony of the	1156
second degree.	1157

(8) If the drug involved is 1-Pentyl-3-(1-naphthoyl)indole,	1158
1-Butyl-3-(1-naphthoyl)indole, or (6aR,10aR)-9-(hydroxymethyl)-6,	1159
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	1160
tetrahydrobenzo[c]chromen-1-ol or a compound, mixture,	1161
preparation, or substance containing	1162
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole, or	1163
(6aR,10aR)-9-(hydroxymethyl)-6,	1164
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	1165
tetrahydrobenzo[c]chromen-1-ol, whoever violates division (A) of	1166
this section is guilty of possession of spice, a minor	1167
misdemeanor.	1168

(D) Arrest or conviction for a minor misdemeanor violation of	1169
this section does not constitute a criminal record and need not be	1170
reported by the person so arrested or convicted in response to any	1171
inquiries about the person's criminal record, including any	1172
inquiries contained in any application for employment, license, or	1173
other right or privilege, or made in connection with the person's	1174
appearance as a witness.	1175

(E) In addition to any prison term or jail term authorized or	1176
required by division (C) of this section and sections 2929.13,	1177
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1178
addition to any other sanction that is imposed for the offense	1179
under this section, sections 2929.11 to 2929.18, or sections	1180
2929.21 to 2929.28 of the Revised Code, the court that sentences	1181
an offender who is convicted of or pleads guilty to a violation of	1182
division (A) of this section shall do all of the following that	1183
are applicable regarding the offender:	1184

(1)(a) If the violation is a felony of the first, second, or	1185
third degree, the court shall impose upon the offender the	1186
mandatory fine specified for the offense under division (B)(1) of	1187
section 2929.18 of the Revised Code unless, as specified in that	1188
division, the court determines that the offender is indigent.	1189

(b) Notwithstanding any contrary provision of section 3719.21	1190
of the Revised Code, the clerk of the court shall pay a mandatory	1191
fine or other fine imposed for a violation of this section	1192
pursuant to division (A) of section 2929.18 of the Revised Code in	1193
accordance with and subject to the requirements of division (F) of	1194
section 2925.03 of the Revised Code. The agency that receives the	1195
fine shall use the fine as specified in division (F) of section	1196
2925.03 of the Revised Code.	1197

(c) If a person is charged with a violation of this section	1198
that is a felony of the first, second, or third degree, posts	1199
bail, and forfeits the bail, the clerk shall pay the forfeited	1200
bail pursuant to division (E)(1)(b) of this section as if it were	1201
a mandatory fine imposed under division (E)(1)(a) of this section.	1202

(2) The court shall suspend for not less than six months or	1203
more than five years the offender's driver's or commercial	1204
driver's license or permit.	1205

(3) If the offender is a professionally licensed person, in	1206
addition to any other sanction imposed for a violation of this	1207
section, the court immediately shall comply with section 2925.38	1208
of the Revised Code.	1209

(F) It is an affirmative defense, as provided in section	1210
2901.05 of the Revised Code, to a charge of a fourth degree felony	1211
violation under this section that the controlled substance that	1212
gave rise to the charge is in an amount, is in a form, is	1213
prepared, compounded, or mixed with substances that are not	1214
controlled substances in a manner, or is possessed under any other	1215
circumstances, that indicate that the substance was possessed	1216
solely for personal use. Notwithstanding any contrary provision of	1217
this section, if, in accordance with section 2901.05 of the	1218
Revised Code, an accused who is charged with a fourth degree	1219
felony violation of division (C)(2), (4), (5), or (6) of this	1220
section sustains the burden of going forward with evidence of and	1221
establishes by a preponderance of the evidence the affirmative	1222
defense described in this division, the accused may be prosecuted	1223
for and may plead guilty to or be convicted of a misdemeanor	1224
violation of division (C)(2) of this section or a fifth degree	1225
felony violation of division (C)(4), (5), or (6) of this section	1226
respectively.	1227

(G) When a person is charged with possessing a bulk amount or	1228
multiple of a bulk amount, division (E) of section 2925.03 of the	1229
Revised Code applies regarding the determination of the amount of	1230
the controlled substance involved at the time of the offense.	1231

Sec. 3719.41.  Controlled substance schedules I, II, III, IV,	1232
and V are hereby established, which schedules include the	1233
following, subject to amendment pursuant to section 3719.43 or	1234
3719.44 of the Revised Code.	1235

SCHEDULE I	1236

(A) Narcotics-opiates

1237

Any of the following opiates, including their isomers,	1238
esters, ethers, salts, and salts of isomers, esters, and ethers,	1239
unless specifically excepted under federal drug abuse control	1240
laws, whenever the existence of these isomers, esters, ethers, and	1241
salts is possible within the specific chemical designation:	1242

(1) Acetyl-alpha-methylfentanyl	1243
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	1244

(2) Acetylmethadol;

1245

(3) Allylprodine;

1246

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	1247
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	1248
LAAM);	1249

(5) Alphameprodine;

1250

(6) Alphamethadol;

1251

(7) Alpha-methylfentanyl	1252
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	1253
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	1254

(8) Alpha-methylthiofentanyl	1255
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	1256
phenylpropanamide);	1257

(9) Benzethidine;

1258

(10) Betacetylmethadol;

1259

(11) Beta-hydroxyfentanyl	1260
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	1261

(12) Beta-hydroxy-3-methylfentanyl (other name:	1262
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	1263
phenylpropanamide);	1264

(13) Betameprodine;

1265

(14) Betamethadol;

1266

(15) Betaprodine;

1267

(16) Clonitazene;

1268

(17) Dextromoramide;

1269

(18) Diampromide;

1270

(19) Diethylthiambutene;

1271

(20) Difenoxin;

1272

(21) Dimenoxadol;

1273

(22) Dimepheptanol;

1274

(23) Dimethylthiambutene;

1275

(24) Dioxaphetyl butyrate;

1276

(25) Dipipanone;

1277

(26) Ethylmethylthiambutene;

1278

(27) Etonitazene;

1279

(28) Etoxeridine;

1280

(29) Furethidine;

1281

(30) Hydroxypethidine;

1282

(31) Ketobemidone;

1283

(32) Levomoramide;

1284

(33) Levophenacylmorphan;

1285

(34) 3-methylfentanyl	1286
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	1287

(35) 3-methylthiofentanyl	1288
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	1289
phenylpropanamide);	1290

(36) Morpheridine;

1291

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

1292

(38) Noracymethadol;

1293

(39) Norlevorphanol;

1294

(40) Normethadone;

1295

(41) Norpipanone;

1296

(42) Para-fluorofentanyl	1297
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	1298

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

1299

(44) Phenadoxone;

1300

(45) Phenampromide;

1301

(46) Phenomorphan;

1302

(47) Phenoperidine;

1303

(48) Piritramide;

1304

(49) Proheptazine;

1305

(50) Properidine;

1306

(51) Propiram;

1307

(52) Racemoramide;

1308

(53) Thiofentanyl	1309
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	1310

(54) Tilidine;

1311

(55) Trimeperidine.

1312

(B) Narcotics-opium derivatives

1313

Any of the following opium derivatives, including their	1314
salts, isomers, and salts of isomers, unless specifically excepted	1315
under federal drug abuse control laws, whenever the existence of	1316
these salts, isomers, and salts of isomers is possible within the	1317
specific chemical designation:	1318

(1) Acetorphine;

1319

(2) Acetyldihydrocodeine;

1320

(3) Benzylmorphine;

1321

(4) Codeine methylbromide;

1322

(5) Codeine-n-oxide;

1323

(6) Cyprenorphine;

1324

(7) Desomorphine;

1325

(8) Dihydromorphine;

1326

(9) Drotebanol;

1327

(10) Etorphine (except hydrochloride salt);

1328

(11) Heroin;

1329

(12) Hydromorphinol;

1330

(13) Methyldesorphine;

1331

(14) Methyldihydromorphine;

1332

(15) Morphine methylbromide;

1333

(16) Morphine methylsulfonate;

1334

(17) Morphine-n-oxide;

1335

(18) Myrophine;

1336

(19) Nicocodeine;

1337

(20) Nicomorphine;

1338

(21) Normorphine;

1339

(22) Pholcodine;

1340

(23) Thebacon.

1341

(C) Hallucinogens

1342

Any material, compound, mixture, or preparation that contains	1343
any quantity of the following hallucinogenic substances, including	1344
their salts, isomers, and salts of isomers, unless specifically	1345
excepted under federal drug abuse control laws, whenever the	1346
existence of these salts, isomers, and salts of isomers is	1347
possible within the specific chemical designation. For the	1348
purposes of this division only, "isomer" includes the optical	1349
isomers, position isomers, and geometric isomers.	1350

(1) Alpha-ethyltryptamine (some trade or other names:	1351
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	1352
3-(2-aminobutyl) indole; alpha-ET; and AET);	1353

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	1354
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	1355
4-bromo-2,5-DMA);	1356

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	1357
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	1358
alpha-desmethyl DOB; 2C-B, Nexus);	1359

(4) 2,5-dimethoxyamphetamine (some trade or other names:	1360
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	1361

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	1362
names: DOET);	1363

(6) 4-methoxyamphetamine (some trade or other names:	1364
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	1365
PMA);	1366

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

1367

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	1368
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	1369
and "STP");	1370

(9) 3,4-methylenedioxy amphetamine;

1371

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

1372

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	1373
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	1374
MDA, MDE, MDEA);	1375

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	1376
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	1377
N-hydroxy MDA);	1378

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

1379

(14) Bufotenine (some trade or other names:	1380
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	1381
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	1382
5-hydroxy-N, N-dimethyltryptamine; mappine);	1383

(15) Diethyltryptamine (some trade or other names: N,	1384
N-diethyltryptamine; DET);	1385

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

1386

(17) Ibogaine (some trade or other names:	1387
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	1388
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	1389

(18) Lysergic acid diethylamide;

1390

(19) Marihuana;

1391

(20) Mescaline;

1392

(21) Parahexyl (some trade or other names: 3-hexyl-1-	1393
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	1394
synhexyl);	1395

(22) Peyote (meaning all parts of the plant presently	1396
classified botanically as "Lophophora williamsii Lemaire," whether	1397
growing or not, the seeds of that plant, any extract from any part	1398
of that plant, and every compound, manufacture, salts, derivative,	1399
mixture, or preparation of that plant, its seeds, or its	1400
extracts);	1401

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

1402

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

1403

(25) Psilocybin;

1404

(26) Psilocyn;

1405

(27) Tetrahydrocannabinols (synthetic equivalents of the	1406
substances contained in the plant, or in the resinous extractives	1407
of Cannabis, sp. and/or synthetic substances, derivatives, and	1408
their isomers with similar chemical structure and pharmacological	1409
activity such as the following: delta-1-cis or trans	1410
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	1411
trans tetrahydrocannabinol, and their optical isomers;	1412
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	1413
isomers. (Since nomenclature of these substances is not	1414
internationally standardized, compounds of these structures,	1415
regardless of numerical designation of atomic positions, are	1416
covered.));	1417

(28) Ethylamine analog of phencyclidine (some trade or other	1418
names: N-ethyl-1-phenylcyclohexylamine;	1419
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	1420
cyclohexamine; PCE);	1421

(29) Pyrrolidine analog of phencyclidine (some trade or other	1422
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	1423

(30) Thiophene analog of phencyclidine (some trade or other	1424
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	1425
of phencyclidine; TPCP; TCP);	1426

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

1427

(32) Hashish;

1428

(33) Salvia divinorum;

1429

(34) Salvinorin A;

1430

(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other	1431
names: JWH-018);	1432

(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other	1433
names: JWH-073);	1434

(37) (6aR,10aR)-9-(hydroxymethyl)-6,	1435
6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a –	1436
tetrahydrobenzo[c]chromen-1-ol (some trade or other names:	1437
HU-210).	1438

(D) Depressants

1439

Any material, compound, mixture, or preparation that contains	1440
any quantity of the following substances having a depressant	1441
effect on the central nervous system, including their salts,	1442
isomers, and salts of isomers, unless specifically excepted under	1443
federal drug abuse control laws, whenever the existence of these	1444
salts, isomers, and salts of isomers is possible within the	1445
specific chemical designation:	1446

(1) Mecloqualone;

1447

(2) Methaqualone.

1448

(E) Stimulants

1449

Unless specifically excepted or unless listed in another	1450
schedule, any material, compound, mixture, or preparation that	1451
contains any quantity of the following substances having a	1452
stimulant effect on the central nervous system, including their	1453
salts, isomers, and salts of isomers:	1454

(1) Aminorex (some other names: aminoxaphen;	1455
2-amino-5-phenyl-2-oxazoline; or	1456
4,5-dihydro-5-phenyl-2-oxazolamine);	1457

(2) Cathinone (some trade or other names:	1458
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	1459
2-aminopropiophenone, and norephedrone);	1460

(3) Fenethylline;

1461

(4) Methcathinone (some other names:	1462
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	1463
2-methylamino)-1-phenylpropan-1-one;	1464
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	1465
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	1466
UR1432, its salts, optical isomers, and salts of optical isomers;	1467

(5) (+/-)cis-4-methylaminorex	1468
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	1469

(6) N-ethylamphetamine;

1470

(7) N,N-dimethylamphetamine (also known as	1471
N,N-alpha-trimethyl-benzeneethanamine;	1472
N,N-alpha-trimethylphenethylamine).	1473

SCHEDULE II	1474

(A) Narcotics-opium and opium derivatives

1475

Unless specifically excepted under federal drug abuse control	1476
laws or unless listed in another schedule, any of the following	1477
substances whether produced directly or indirectly by extraction	1478
from substances of vegetable origin, independently by means of	1479
chemical synthesis, or by a combination of extraction and chemical	1480
synthesis:	1481

(1) Opium and opiate, and any salt, compound, derivative, or	1482
preparation of opium or opiate, excluding apomorphine,	1483
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	1484
naloxone, and naltrexone, and their respective salts, but	1485
including the following:	1486

(a) Raw opium;

1487

(b) Opium extracts;

1488

(c) Opium fluid extracts;

1489

(d) Powdered opium;

1490

(e) Granulated opium;

1491

(f) Tincture of opium;

1492

(g) Codeine;

1493

(h) Ethylmorphine;

1494

(i) Etorphine hydrochloride;

1495

(j) Hydrocodone;

1496

(k) Hydromorphone;

1497

(l) Metopon;

1498

(m) Morphine;

1499

(n) Oxycodone;

1500

(o) Oxymorphone;

1501

(p) Thebaine.

1502

(2) Any salt, compound, derivative, or preparation thereof	1503
that is chemically equivalent to or identical with any of the	1504
substances referred to in division (A)(1) of this schedule, except	1505
that these substances shall not include the isoquinoline alkaloids	1506
of opium;	1507

(3) Opium poppy and poppy straw;

1508

(4) Coca leaves and any salt, compound, derivative, or	1509
preparation of coca leaves (including cocaine and ecgonine, their	1510
salts, isomers, and derivatives, and salts of those isomers and	1511
derivatives), and any salt, compound, derivative, or preparation	1512
thereof that is chemically equivalent to or identical with any of	1513
these substances, except that the substances shall not include	1514
decocainized coca leaves or extraction of coca leaves, which	1515
extractions do not contain cocaine or ecgonine;	1516

(5) Concentrate of poppy straw (the crude extract of poppy	1517
straw in either liquid, solid, or powder form that contains the	1518
phenanthrene alkaloids of the opium poppy).	1519

(B) Narcotics-opiates

1520

Unless specifically excepted under federal drug abuse control	1521
laws or unless listed in another schedule, any of the following	1522
opiates, including their isomers, esters, ethers, salts, and salts	1523
of isomers, esters, and ethers, whenever the existence of these	1524
isomers, esters, ethers, and salts is possible within the specific	1525
chemical designation, but excluding dextrorphan and	1526
levopropoxyphene:	1527

(1) Alfentanil;

1528

(2) Alphaprodine;

1529

(3) Anileridine;

1530

(4) Bezitramide;

1531

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

1532

(6) Carfentanil;

1533

(7) Dihydrocodeine;

1534

(8) Diphenoxylate;

1535

(9) Fentanyl;

1536

(10) Isomethadone;

1537

(11) Levo-alphacetylmethadol (some other names:	1538
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	1539

(12) Levomethorphan;

1540

(13) Levorphanol;

1541

(14) Metazocine;

1542

(15) Methadone;

1543

(16) Methadone-intermediate,	1544
4-cyano-2-dimethylamino-4,4-diphenyl butane;	1545

(17) Moramide-intermediate,	1546
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	1547

(18) Pethidine (meperidine);

1548

(19) Pethidine-intermediate-A,	1549
4-cyano-1-methyl-4-phenylpiperidine;	1550

(20) Pethidine-intermediate-B,	1551
ethyl-4-phenylpiperidine-4-carboxylate;	1552

(21) Pethidine-intermediate-C,	1553
1-methyl-4-phenylpiperidine-4-carboxylic acid;	1554

(22) Phenazocine;

1555

(23) Piminodine;

1556

(24) Racemethorphan;

1557

(25) Racemorphan;

1558

(26) Remifentanil;

1559

(27) Sufentanil.

1560

(C) Stimulants

1561

Unless specifically excepted under federal drug abuse control	1562
laws or unless listed in another schedule, any material, compound,	1563
mixture, or preparation that contains any quantity of the	1564
following substances having a stimulant effect on the central	1565
nervous system:	1566

(1) Amphetamine, its salts, its optical isomers, and salts of	1567
its optical isomers;	1568

(2) Methamphetamine, its salts, its isomers, and salts of its	1569
isomers;	1570

(3) Methylphenidate;

1571

(4) Phenmetrazine and its salts.

1572

(D) Depressants

1573

Unless specifically excepted under federal drug abuse control	1574
laws or unless listed in another schedule, any material, compound,	1575
mixture, or preparation that contains any quantity of the	1576
following substances having a depressant effect on the central	1577
nervous system, including their salts, isomers, and salts of	1578
isomers, whenever the existence of these salts, isomers, and salts	1579
of isomers is possible within the specific chemical designation:	1580

(1) Amobarbital;

1581

(2) Gamma-hydroxy-butyrate;

1582

(3) Glutethimide;

1583

(4) Pentobarbital;

1584

(5) Phencyclidine (some trade or other names:	1585
1-(1-phenylcyclohexyl)piperidine; PCP);	1586

(6) Secobarbital;

1587

(7) 1-aminophenylcyclohexane and all N-mono-substituted	1588
and/or all N-N-disubstituted analogs including, but not limited	1589
to, the following:	1590

(a) 1-phenylcyclohexylamine;

1591

(b) (1-phenylcyclohexyl) methylamine;

1592

(c) (1-phenylcyclohexyl) dimethylamine;

1593

(d) (1-phenylcyclohexyl) methylethylamine;

1594

(e) (1-phenylcyclohexyl) isopropylamine;

1595

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

1596

(E) Hallucinogenic substances

1597

(1) Nabilone (another name for nabilone:	1598
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	1599
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	1600

(F) Immediate precursors

1601

Unless specifically excepted under federal drug abuse control	1602
laws or unless listed in another schedule, any material, compound,	1603
mixture, or preparation that contains any quantity of the	1604
following substances:	1605

(1) Immediate precursor to amphetamine and methamphetamine:

1606

(a) Phenylacetone (some trade or other names:	1607
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	1608
ketone);	1609

(2) Immediate precursors to phencyclidine (PCP):

1610

(a) 1-phenylcyclohexylamine;

1611

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

1612

SCHEDULE III	1613

(A) Stimulants

1614

Unless specifically excepted under federal drug abuse control	1615
laws or unless listed in another schedule, any material, compound,	1616
mixture, or preparation that contains any quantity of the	1617
following substances having a stimulant effect on the central	1618
nervous system, including their salts, their optical isomers,	1619
position isomers, or geometric isomers, and salts of these	1620
isomers, whenever the existence of these salts, isomers, and salts	1621
of isomers is possible within the specific chemical designation:	1622

(1) All stimulant compounds, mixtures, and preparations	1623
included in schedule III pursuant to the federal drug abuse	1624
control laws and regulations adopted under those laws;	1625

(2) Benzphetamine;

1626

(3) Chlorphentermine;

1627

(4) Clortermine;

1628

(5) Phendimetrazine.

1629

(B) Depressants

1630

Unless specifically excepted under federal drug abuse control	1631
laws or unless listed in another schedule, any material, compound,	1632
mixture, or preparation that contains any quantity of the	1633
following substances having a depressant effect on the central	1634
nervous system:	1635

(1) Any compound, mixture, or preparation containing	1636
amobarbital, secobarbital, pentobarbital, or any salt of any of	1637
these drugs, and one or more other active medicinal ingredients	1638
that are not listed in any schedule;	1639

(2) Any suppository dosage form containing amobarbital,	1640
secobarbital, pentobarbital, or any salt of any of these drugs and	1641
approved by the food and drug administration for marketing only as	1642
a suppository;	1643

(3) Any substance that contains any quantity of a derivative	1644
of barbituric acid or any salt of a derivative of barbituric acid;	1645

(4) Chlorhexadol;

1646

(5) Ketamine, its salts, isomers, and salts of isomers (some	1647
other names for ketamine:	1648
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	1649

(6) Lysergic acid;

1650

(7) Lysergic acid amide;

1651

(8) Methyprylon;

1652

(9) Sulfondiethylmethane;

1653

(10) Sulfonethylmethane;

1654

(11) Sulfonmethane;

1655

(12) Tiletamine, zolazepam, or any salt of tiletamine or	1656
zolazepam (some trade or other names for a tiletamine-zolazepam	1657
combination product: Telazol); (some trade or other names for	1658
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	1659
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	1660
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	1661
flupyrazapon).	1662

(C) Narcotic antidotes

1663

(1) Nalorphine.

1664

(D) Narcotics-narcotic preparations

1665

Unless specifically excepted under federal drug abuse control	1666
laws or unless listed in another schedule, any material, compound,	1667
mixture, or preparation that contains any of the following	1668
narcotic drugs, or their salts calculated as the free anhydrous	1669
base or alkaloid, in limited quantities as set forth below:	1670

(1) Not more than 1.8 grams of codeine per 100 milliliters or	1671
not more than 90 milligrams per dosage unit, with an equal or	1672
greater quantity of an isoquinoline alkaloid of opium;	1673

(2) Not more than 1.8 grams of codeine per 100 milliliters or	1674
not more than 90 milligrams per dosage unit, with one or more	1675
active, nonnarcotic ingredients in recognized therapeutic amounts;	1676

(3) Not more than 300 milligrams of dihydrocodeinone per 100	1677
milliliters or not more than 15 milligrams per dosage unit, with a	1678
fourfold or greater quantity of an isoquinoline alkaloid of opium;	1679

(4) Not more than 300 milligrams of dihydrocodeinone per 100	1680
milliliters or not more than 15 milligrams per dosage unit, with	1681
one or more active, nonnarcotic ingredients in recognized	1682
therapeutic amounts;	1683

(5) Not more than 1.8 grams of dihydrocodeine per 100	1684
milliliters or not more than 90 milligrams per dosage unit, with	1685
one or more active, nonnarcotic ingredients in recognized	1686
therapeutic amounts;	1687

(6) Not more than 300 milligrams of ethylmorphine per 100	1688
milliliters or not more than 15 milligrams per dosage unit, with	1689
one or more active, nonnarcotic ingredients in recognized	1690
therapeutic amounts;	1691

(7) Not more than 500 milligrams of opium per 100 milliliters	1692
or per 100 grams or not more than 25 milligrams per dosage unit,	1693
with one or more active, nonnarcotic ingredients in recognized	1694
therapeutic amounts;	1695

(8) Not more than 50 milligrams of morphine per 100	1696
milliliters or per 100 grams, with one or more active, nonnarcotic	1697
ingredients in recognized therapeutic amounts.	1698

(E) Anabolic steroids

1699

Unless specifically excepted under federal drug abuse control	1700
laws or unless listed in another schedule, any material, compound,	1701
mixture, or preparation that contains any quantity of the	1702
following substances, including their salts, esters, isomers, and	1703
salts of esters and isomers, whenever the existence of these	1704
salts, esters, and isomers is possible within the specific	1705
chemical designation:	1706

(1) Anabolic steroids. Except as otherwise provided in	1707
division (E)(1) of schedule III, "anabolic steroids" means any	1708
drug or hormonal substance that is chemically and	1709
pharmacologically related to testosterone (other than estrogens,	1710
progestins, and corticosteroids) and that promotes muscle growth.	1711
"Anabolic steroids" does not include an anabolic steroid that is	1712
expressly intended for administration through implants to cattle	1713
or other nonhuman species and that has been approved by the United	1714
States secretary of health and human services for that	1715
administration, unless a person prescribes, dispenses, or	1716
distributes this type of anabolic steroid for human use. "Anabolic	1717
steroid" includes, but is not limited to, the following:	1718

(a) Boldenone;

1719

(b) Chlorotestosterone (4-chlortestosterone);

1720

(c) Clostebol;

1721

(d) Dehydrochlormethyltestosterone;

1722

(e) Dihydrotestosterone (4-dihydrotestosterone);

1723

(f) Drostanolone;

1724

(g) Ethylestrenol;

1725

(h) Fluoxymesterone;

1726

(i) Formebulone (formebolone);

1727

(j) Mesterolone;

1728

(k) Methandienone;

1729

(l) Methandranone;

1730

(m) Methandriol;

1731

(n) Methandrostenolone;

1732

(o) Methenolone;

1733

(p) Methyltestosterone;

1734

(q) Mibolerone;

1735

(r) Nandrolone;

1736

(s) Norethandrolone;

1737

(t) Oxandrolone;

1738

(u) Oxymesterone;

1739

(v) Oxymetholone;

1740

(w) Stanolone;

1741

(x) Stanozolol;

1742

(y) Testolactone;

1743

(z) Testosterone;

1744

(aa) Trenbolone;

1745

(bb) Any salt, ester, isomer, or salt of an ester or isomer	1746
of a drug or hormonal substance described or listed in division	1747
(E)(1) of schedule III if the salt, ester, or isomer promotes	1748
muscle growth.	1749

(F) Hallucinogenic substances

1750

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	1751
a soft gelatin capsule in a United States food and drug	1752
administration approved drug product (some other names for	1753
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	1754
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	1755
(-)-delta-9-(trans)-tetrahydrocannabinol).	1756

SCHEDULE IV	1757

(A) Narcotic drugs

1758

Unless specifically excepted by federal drug abuse control	1759
laws or unless listed in another schedule, any material, compound,	1760
mixture, or preparation that contains any of the following	1761
narcotic drugs, or their salts calculated as the free anhydrous	1762
base or alkaloid, in limited quantities as set forth below:	1763

(1) Not more than one milligram of difenoxin and not less	1764
than 25 micrograms of atropine sulfate per dosage unit;	1765

(2) Dextropropoxyphene	1766
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	1767
propionoxybutane)[final dosage forms].	1768

(B) Depressants

1769

Unless specifically excepted under federal drug abuse control	1770
laws or unless listed in another schedule, any material, compound,	1771
mixture, or preparation that contains any quantity of the	1772
following substances, including their salts, isomers, and salts of	1773
isomers, whenever the existence of these salts, isomers, and salts	1774
of isomers is possible within the specific chemical designation:	1775

(1) Alprazolam;

1776

(2) Barbital;

1777

(3) Bromazepam;

1778

(4) Camazepam;

1779

(5) Chloral betaine;

1780

(6) Chloral hydrate;

1781

(7) Chlordiazepoxide;

1782

(8) Clobazam;

1783

(9) Clonazepam;

1784

(10) Clorazepate;

1785

(11) Clotiazepam;

1786

(12) Cloxazolam;

1787

(13) Delorazepam;

1788

(14) Diazepam;

1789

(15) Estazolam;

1790

(16) Ethchlorvynol;

1791

(17) Ethinamate;

1792

(18) Ethyl loflazepate;

1793

(19) Fludiazepam;

1794

(20) Flunitrazepam;

1795

(21) Flurazepam;

1796

(22) Halazepam;

1797

(23) Haloxazolam;

1798

(24) Ketazolam;

1799

(25) Loprazolam;

1800

(26) Lorazepam;

1801

(27) Lormetazepam;

1802

(28) Mebutamate;

1803

(29) Medazepam;

1804

(30) Meprobamate;

1805

(31) Methohexital;

1806

(32) Methylphenobarbital (mephobarbital);

1807

(33) Midazolam;

1808

(34) Nimetazepam;

1809

(35) Nitrazepam;

1810

(36) Nordiazepam;

1811

(37) Oxazepam;

1812

(38) Oxazolam;

1813

(39) Paraldehyde;

1814

(40) Petrichloral;

1815

(41) Phenobarbital;

1816

(42) Pinazepam;

1817

(43) Prazepam;

1818

(44) Quazepam;

1819

(45) Temazepam;

1820

(46) Tetrazepam;

1821

(47) Triazolam;

1822

(48) Zaleplon;

1823

(49) Zolpidem.

1824

(C) Fenfluramine

1825

Any material, compound, mixture, or preparation that contains	1826
any quantity of the following substances, including their salts,	1827
their optical isomers, position isomers, or geometric isomers, and	1828
salts of these isomers, whenever the existence of these salts,	1829
isomers, and salts of isomers is possible within the specific	1830
chemical designation:	1831

(1) Fenfluramine.

1832

(D) Stimulants

1833

Unless specifically excepted under federal drug abuse control	1834
laws or unless listed in another schedule, any material, compound,	1835
mixture, or preparation that contains any quantity of the	1836
following substances having a stimulant effect on the central	1837
nervous system, including their salts, their optical isomers,	1838
position isomers, or geometric isomers, and salts of these	1839
isomers, whenever the existence of these salts, isomers, and salts	1840
of isomers is possible within the specific chemical designation:	1841

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

1842

(2) Diethylpropion;

1843

(3) Fencamfamin;

1844

(4) Fenproporex;

1845

(5) Mazindol;

1846

(6) Mefenorex;

1847

(7) Modafinil;

1848

(8) Pemoline (including organometallic complexes and chelates	1849
thereof);	1850

(9) Phentermine;

1851

(10) Pipradrol;

1852

(11) Sibutramine;

1853

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

1854

(E) Other substances

1855

Unless specifically excepted under federal drug abuse control	1856
laws or unless listed in another schedule, any material, compound,	1857
mixture, or preparation that contains any quantity of the	1858
following substances, including their salts:	1859

(1) Pentazocine;

1860

(2) Butorphanol (including its optical isomers).

1861

SCHEDULE V	1862

(A) Narcotic drugs

1863

Unless specifically excepted under federal drug abuse control	1864
laws or unless listed in another schedule, any material, compound,	1865
mixture, or preparation that contains any of the following	1866
narcotic drugs, and their salts, as set forth below:	1867

(1) Buprenorphine.

1868

(B) Narcotics-narcotic preparations

1869

Narcotic drugs containing non-narcotic active medicinal	1870
ingredients. Any compound, mixture, or preparation that contains	1871
any of the following narcotic drugs, or their salts calculated as	1872
the free anhydrous base or alkaloid, in limited quantities as set	1873
forth below, and that includes one or more nonnarcotic active	1874
medicinal ingredients in sufficient proportion to confer upon the	1875
compound, mixture, or preparation valuable medicinal qualities	1876
other than those possessed by narcotic drugs alone:	1877

(1) Not more than 200 milligrams of codeine per 100	1878
milliliters or per 100 grams;	1879

(2) Not more than 100 milligrams of dihydrocodeine per 100	1880
milliliters or per 100 grams;	1881

(3) Not more than 100 milligrams of ethylmorphine per 100	1882
milliliters or per 100 grams;	1883

(4) Not more than 2.5 milligrams of diphenoxylate and not	1884
less than 25 micrograms of atropine sulfate per dosage unit;	1885

(5) Not more than 100 milligrams of opium per 100 milliliters	1886
or per 100 grams;	1887

(6) Not more than 0.5 milligram of difenoxin and not less	1888
than 25 micrograms of atropine sulfate per dosage unit.	1889

(C) Stimulants

1890

Unless specifically exempted or excluded under federal drug	1891
abuse control laws or unless listed in another schedule, any	1892
material, compound, mixture, or preparation that contains any	1893
quantity of the following substances having a stimulant effect on	1894
the central nervous system, including their salts, isomers, and	1895
salts of isomers:	1896

(1) Ephedrine, except as provided in division (K) of section	1897
3719.44 of the Revised Code;	1898

(2) Pyrovalerone.

1899

Section 2.  That existing sections 2925.02, 2925.03, 2925.11,	1900
and 3719.41 of the Revised Code are hereby repealed.	1901