Bill Text: OH SB329 | 2011-2012 | 129th General Assembly | Introduced

---

Bill Title: To authorize the Director of Rehabilitation and Correction to implement a program to improve prisoners' access to psychotropic drugs and a program authorizing the provision of medical and behavioral health care to prisoners through telecommunication methods.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-04-17 - To Health, Human Services, & Aging [SB329 Detail]

Download: Ohio-2011-SB329-Introduced.html

---

As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 329

Senators Seitz, Burke 

Cosponsor: Senator Tavares 

---

A BILL

To amend sections 2925.02, 2925.03, 2925.11, 2925.12,

1

2925.14, 2925.23, 2925.36, 3719.06, 3719.81,

2

4729.01, 4729.51, and 4732.01 and to enact

3

sections 4732.29, 4732.291, 4732.292, 4732.293,

4

5120.052, and 5120.053 of the Revised Code to

5

authorize the Director of Rehabilitation and

6

Correction to implement a program to improve

7

prisoners' access to psychotropic drugs and a

8

program authorizing the provision of medical and

9

behavioral health care to prisoners through

10

telecommunication methods.

11

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

Section 1.  That sections 2925.02, 2925.03, 2925.11, 2925.12,	12
2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4729.01, 4729.51, and	13
4732.01 be amended and sections 4732.29, 4732.291, 4732.292,	14
4732.293, 5120.052, and 5120.053 of the Revised Code be enacted to	15
read as follows:	16

Sec. 2925.02.  (A) No person shall knowingly do any of the	17
following:	18

(1) By force, threat, or deception, administer to another or	19
induce or cause another to use a controlled substance;	20

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

(3) By any means, administer or furnish to another or induce	25
or cause another to use a controlled substance, and thereby cause	26
serious physical harm to the other person, or cause the other	27
person to become drug dependent;	28

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

29

(a) Furnish or administer a controlled substance to a	30
juvenile who is at least two years the offender's junior, when the	31
offender knows the age of the juvenile or is reckless in that	32
regard;	33

(b) Induce or cause a juvenile who is at least two years the	34
offender's junior to use a controlled substance, when the offender	35
knows the age of the juvenile or is reckless in that regard;	36

(c) Induce or cause a juvenile who is at least two years the	37
offender's junior to commit a felony drug abuse offense, when the	38
offender knows the age of the juvenile or is reckless in that	39
regard;	40

(d) Use a juvenile, whether or not the offender knows the age	41
of the juvenile, to perform any surveillance activity that is	42
intended to prevent the detection of the offender or any other	43
person in the commission of a felony drug abuse offense or to	44
prevent the arrest of the offender or any other person for the	45
commission of a felony drug abuse offense.	46

(B) Division (A)(1), (3), or (4) of this section does not	47
apply to manufacturers, wholesalers, licensed health professionals	48
authorized to prescribe drugs, pharmacists, owners of pharmacies,	49
and other persons whose conduct is in accordance with Chapters	50
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	51
Code or section 5120.052 of the Revised Code.	52

(C) Whoever violates this section is guilty of corrupting	53
another with drugs. The penalty for the offense shall be	54
determined as follows:	55

(1) Except as otherwise provided in this division, if the	56
drug involved is any compound, mixture, preparation, or substance	57
included in schedule I or II, with the exception of marihuana,	58
corrupting another with drugs is a felony of the second degree,	59
and, subject to division (E) of this section, the court shall	60
impose as a mandatory prison term one of the prison terms	61
prescribed for a felony of the second degree. If the drug involved	62
is any compound, mixture, preparation, or substance included in	63
schedule I or II, with the exception of marihuana, and if the	64
offense was committed in the vicinity of a school, corrupting	65
another with drugs is a felony of the first degree, and, subject	66
to division (E) of this section, the court shall impose as a	67
mandatory prison term one of the prison terms prescribed for a	68
felony of the first degree.	69

(2) Except as otherwise provided in this division, if the	70
drug involved is any compound, mixture, preparation, or substance	71
included in schedule III, IV, or V, corrupting another with drugs	72
is a felony of the second degree, and there is a presumption for a	73
prison term for the offense. If the drug involved is any compound,	74
mixture, preparation, or substance included in schedule III, IV,	75
or V and if the offense was committed in the vicinity of a school,	76
corrupting another with drugs is a felony of the second degree,	77
and the court shall impose as a mandatory prison term one of the	78
prison terms prescribed for a felony of the second degree.	79

(3) Except as otherwise provided in this division, if the	80
drug involved is marihuana, corrupting another with drugs is a	81
felony of the fourth degree, and division (C) of section 2929.13	82
of the Revised Code applies in determining whether to impose a	83
prison term on the offender. If the drug involved is marihuana and	84
if the offense was committed in the vicinity of a school,	85
corrupting another with drugs is a felony of the third degree, and	86
division (C) of section 2929.13 of the Revised Code applies in	87
determining whether to impose a prison term on the offender.	88

(D) In addition to any prison term authorized or required by	89
division (C) or (E) of this section and sections 2929.13 and	90
2929.14 of the Revised Code and in addition to any other sanction	91
imposed for the offense under this section or sections 2929.11 to	92
2929.18 of the Revised Code, the court that sentences an offender	93
who is convicted of or pleads guilty to a violation of division	94
(A) of this section or the clerk of that court shall do all of the	95
following that are applicable regarding the offender:	96

(1)(a) If the violation is a felony of the first, second, or	97
third degree, the court shall impose upon the offender the	98
mandatory fine specified for the offense under division (B)(1) of	99
section 2929.18 of the Revised Code unless, as specified in that	100
division, the court determines that the offender is indigent.	101

(b) Notwithstanding any contrary provision of section 3719.21	102
of the Revised Code, any mandatory fine imposed pursuant to	103
division (D)(1)(a) of this section and any fine imposed for a	104
violation of this section pursuant to division (A) of section	105
2929.18 of the Revised Code shall be paid by the clerk of the	106
court in accordance with and subject to the requirements of, and	107
shall be used as specified in, division (F) of section 2925.03 of	108
the Revised Code.	109

(c) If a person is charged with any violation of this section	110
that is a felony of the first, second, or third degree, posts	111
bail, and forfeits the bail, the forfeited bail shall be paid by	112
the clerk of the court pursuant to division (D)(1)(b) of this	113
section as if it were a fine imposed for a violation of this	114
section.	115

(2) The court shall suspend for not less than six months nor	116
more than five years the offender's driver's or commercial	117
driver's license or permit. If an offender's driver's or	118
commercial driver's license or permit is suspended pursuant to	119
this division, the offender, at any time after the expiration of	120
two years from the day on which the offender's sentence was	121
imposed or from the day on which the offender finally was released	122
from a prison term under the sentence, whichever is later, may	123
file a motion with the sentencing court requesting termination of	124
the suspension. Upon the filing of the motion and the court's	125
finding of good cause for the termination, the court may terminate	126
the suspension.	127

(3) If the offender is a professionally licensed person, in	128
addition to any other sanction imposed for a violation of this	129
section, the court immediately shall comply with section 2925.38	130
of the Revised Code.	131

(E) Notwithstanding the prison term otherwise authorized or	132
required for the offense under division (C) of this section and	133
sections 2929.13 and 2929.14 of the Revised Code, if the violation	134
of division (A) of this section involves the sale, offer to sell,	135
or possession of a schedule I or II controlled substance, with the	136
exception of marihuana, and if the court imposing sentence upon	137
the offender finds that the offender as a result of the violation	138
is a major drug offender and is guilty of a specification of the	139
type described in section 2941.1410 of the Revised Code, the	140
court, in lieu of the prison term that otherwise is authorized or	141
required, shall impose upon the offender the mandatory prison term	142
specified in division (D)(3)(a) of section 2929.14 of the Revised	143
Code and may impose an additional prison term under division	144
(D)(3)(b) of that section.	145

Sec. 2925.03.  (A) No person shall knowingly do any of the	146
following:	147

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

148

(2) Prepare for shipment, ship, transport, deliver, prepare	149
for distribution, or distribute a controlled substance, when the	150
offender knows or has reasonable cause to believe that the	151
controlled substance is intended for sale or resale by the	152
offender or another person.	153

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

154

(1) Manufacturers, licensed health professionals authorized	155
to prescribe drugs, pharmacists, owners of pharmacies, and other	156
persons whose conduct is in accordance with Chapters 3719., 4715.,	157
4723., 4729., 4730., 4731., and 4741. of the Revised Code or	158
section 5120.052 of the Revised Code;	159

(2) If the offense involves an anabolic steroid, any person	160
who is conducting or participating in a research project involving	161
the use of an anabolic steroid if the project has been approved by	162
the United States food and drug administration;	163

(3) Any person who sells, offers for sale, prescribes,	164
dispenses, or administers for livestock or other nonhuman species	165
an anabolic steroid that is expressly intended for administration	166
through implants to livestock or other nonhuman species and	167
approved for that purpose under the "Federal Food, Drug, and	168
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	169
and is sold, offered for sale, prescribed, dispensed, or	170
administered for that purpose in accordance with that act.	171

(C) Whoever violates division (A) of this section is guilty	172
of one of the following:	173

(1) If the drug involved in the violation is any compound,	174
mixture, preparation, or substance included in schedule I or	175
schedule II, with the exception of marihuana, cocaine, L.S.D.,	176
heroin, and hashish, whoever violates division (A) of this section	177
is guilty of aggravated trafficking in drugs. The penalty for the	178
offense shall be determined as follows:	179

(a) Except as otherwise provided in division (C)(1)(b), (c),	180
(d), (e), or (f) of this section, aggravated trafficking in drugs	181
is a felony of the fourth degree, and division (C) of section	182
2929.13 of the Revised Code applies in determining whether to	183
impose a prison term on the offender.	184

(b) Except as otherwise provided in division (C)(1)(c), (d),	185
(e), or (f) of this section, if the offense was committed in the	186
vicinity of a school or in the vicinity of a juvenile, aggravated	187
trafficking in drugs is a felony of the third degree, and division	188
(C) of section 2929.13 of the Revised Code applies in determining	189
whether to impose a prison term on the offender.	190

(c) Except as otherwise provided in this division, if the	191
amount of the drug involved equals or exceeds the bulk amount but	192
is less than five times the bulk amount, aggravated trafficking in	193
drugs is a felony of the third degree, and the court shall impose	194
as a mandatory prison term one of the prison terms prescribed for	195
a felony of the third degree. If the amount of the drug involved	196
is within that range and if the offense was committed in the	197
vicinity of a school or in the vicinity of a juvenile, aggravated	198
trafficking in drugs is a felony of the second degree, and the	199
court shall impose as a mandatory prison term one of the prison	200
terms prescribed for a felony of the second degree.	201

(d) Except as otherwise provided in this division, if the	202
amount of the drug involved equals or exceeds five times the bulk	203
amount but is less than fifty times the bulk amount, aggravated	204
trafficking in drugs is a felony of the second degree, and the	205
court shall impose as a mandatory prison term one of the prison	206
terms prescribed for a felony of the second degree. If the amount	207
of the drug involved is within that range and if the offense was	208
committed in the vicinity of a school or in the vicinity of a	209
juvenile, aggravated trafficking in drugs is a felony of the first	210
degree, and the court shall impose as a mandatory prison term one	211
of the prison terms prescribed for a felony of the first degree.	212

(e) If the amount of the drug involved equals or exceeds	213
fifty times the bulk amount but is less than one hundred times the	214
bulk amount and regardless of whether the offense was committed in	215
the vicinity of a school or in the vicinity of a juvenile,	216
aggravated trafficking in drugs is a felony of the first degree,	217
and the court shall impose as a mandatory prison term one of the	218
prison terms prescribed for a felony of the first degree.	219

(f) If the amount of the drug involved equals or exceeds one	220
hundred times the bulk amount and regardless of whether the	221
offense was committed in the vicinity of a school or in the	222
vicinity of a juvenile, aggravated trafficking in drugs is a	223
felony of the first degree, the offender is a major drug offender,	224
and the court shall impose as a mandatory prison term the maximum	225
prison term prescribed for a felony of the first degree and may	226
impose an additional prison term prescribed for a major drug	227
offender under division (D)(3)(b) of section 2929.14 of the	228
Revised Code.	229

(2) If the drug involved in the violation is any compound,	230
mixture, preparation, or substance included in schedule III, IV,	231
or V, whoever violates division (A) of this section is guilty of	232
trafficking in drugs. The penalty for the offense shall be	233
determined as follows:	234

(a) Except as otherwise provided in division (C)(2)(b), (c),	235
(d), or (e) of this section, trafficking in drugs is a felony of	236
the fifth degree, and division (C) of section 2929.13 of the	237
Revised Code applies in determining whether to impose a prison	238
term on the offender.	239

(b) Except as otherwise provided in division (C)(2)(c), (d),	240
or (e) of this section, if the offense was committed in the	241
vicinity of a school or in the vicinity of a juvenile, trafficking	242
in drugs is a felony of the fourth degree, and division (C) of	243
section 2929.13 of the Revised Code applies in determining whether	244
to impose a prison term on the offender.	245

(c) Except as otherwise provided in this division, if the	246
amount of the drug involved equals or exceeds the bulk amount but	247
is less than five times the bulk amount, trafficking in drugs is a	248
felony of the fourth degree, and there is a presumption for a	249
prison term for the offense. If the amount of the drug involved is	250
within that range and if the offense was committed in the vicinity	251
of a school or in the vicinity of a juvenile, trafficking in drugs	252
is a felony of the third degree, and there is a presumption for a	253
prison term for the offense.	254

(d) Except as otherwise provided in this division, if the	255
amount of the drug involved equals or exceeds five times the bulk	256
amount but is less than fifty times the bulk amount, trafficking	257
in drugs is a felony of the third degree, and there is a	258
presumption for a prison term for the offense. If the amount of	259
the drug involved is within that range and if the offense was	260
committed in the vicinity of a school or in the vicinity of a	261
juvenile, trafficking in drugs is a felony of the second degree,	262
and there is a presumption for a prison term for the offense.	263

(e) Except as otherwise provided in this division, if the	264
amount of the drug involved equals or exceeds fifty times the bulk	265
amount, trafficking in drugs is a felony of the second degree, and	266
the court shall impose as a mandatory prison term one of the	267
prison terms prescribed for a felony of the second degree. If the	268
amount of the drug involved equals or exceeds fifty times the bulk	269
amount and if the offense was committed in the vicinity of a	270
school or in the vicinity of a juvenile, trafficking in drugs is a	271
felony of the first degree, and the court shall impose as a	272
mandatory prison term one of the prison terms prescribed for a	273
felony of the first degree.	274

(3) If the drug involved in the violation is marihuana or a	275
compound, mixture, preparation, or substance containing marihuana	276
other than hashish, whoever violates division (A) of this section	277
is guilty of trafficking in marihuana. The penalty for the offense	278
shall be determined as follows:	279

(a) Except as otherwise provided in division (C)(3)(b), (c),	280
(d), (e), (f), or (g) of this section, trafficking in marihuana is	281
a felony of the fifth degree, and division (C) of section 2929.13	282
of the Revised Code applies in determining whether to impose a	283
prison term on the offender.	284

(b) Except as otherwise provided in division (C)(3)(c), (d),	285
(e), (f), or (g) of this section, if the offense was committed in	286
the vicinity of a school or in the vicinity of a juvenile,	287
trafficking in marihuana is a felony of the fourth degree, and	288
division (C) of section 2929.13 of the Revised Code applies in	289
determining whether to impose a prison term on the offender.	290

(c) Except as otherwise provided in this division, if the	291
amount of the drug involved equals or exceeds two hundred grams	292
but is less than one thousand grams, trafficking in marihuana is a	293
felony of the fourth degree, and division (C) of section 2929.13	294
of the Revised Code applies in determining whether to impose a	295
prison term on the offender. If the amount of the drug involved is	296
within that range and if the offense was committed in the vicinity	297
of a school or in the vicinity of a juvenile, trafficking in	298
marihuana is a felony of the third degree, and division (C) of	299
section 2929.13 of the Revised Code applies in determining whether	300
to impose a prison term on the offender.	301

(d) Except as otherwise provided in this division, if the	302
amount of the drug involved equals or exceeds one thousand grams	303
but is less than five thousand grams, trafficking in marihuana is	304
a felony of the third degree, and division (C) of section 2929.13	305
of the Revised Code applies in determining whether to impose a	306
prison term on the offender. If the amount of the drug involved is	307
within that range and if the offense was committed in the vicinity	308
of a school or in the vicinity of a juvenile, trafficking in	309
marihuana is a felony of the second degree, and there is a	310
presumption that a prison term shall be imposed for the offense.	311

(e) Except as otherwise provided in this division, if the	312
amount of the drug involved equals or exceeds five thousand grams	313
but is less than twenty thousand grams, trafficking in marihuana	314
is a felony of the third degree, and there is a presumption that a	315
prison term shall be imposed for the offense. If the amount of the	316
drug involved is within that range and if the offense was	317
committed in the vicinity of a school or in the vicinity of a	318
juvenile, trafficking in marihuana is a felony of the second	319
degree, and there is a presumption that a prison term shall be	320
imposed for the offense.	321

(f) Except as otherwise provided in this division, if the	322
amount of the drug involved equals or exceeds twenty thousand	323
grams, trafficking in marihuana is a felony of the second degree,	324
and the court shall impose as a mandatory prison term the maximum	325
prison term prescribed for a felony of the second degree. If the	326
amount of the drug involved equals or exceeds twenty thousand	327
grams and if the offense was committed in the vicinity of a school	328
or in the vicinity of a juvenile, trafficking in marihuana is a	329
felony of the first degree, and the court shall impose as a	330
mandatory prison term the maximum prison term prescribed for a	331
felony of the first degree.	332

(g) Except as otherwise provided in this division, if the	333
offense involves a gift of twenty grams or less of marihuana,	334
trafficking in marihuana is a minor misdemeanor upon a first	335
offense and a misdemeanor of the third degree upon a subsequent	336
offense. If the offense involves a gift of twenty grams or less of	337
marihuana and if the offense was committed in the vicinity of a	338
school or in the vicinity of a juvenile, trafficking in marihuana	339
is a misdemeanor of the third degree.	340

(4) If the drug involved in the violation is cocaine or a	341
compound, mixture, preparation, or substance containing cocaine,	342
whoever violates division (A) of this section is guilty of	343
trafficking in cocaine. The penalty for the offense shall be	344
determined as follows:	345

(a) Except as otherwise provided in division (C)(4)(b), (c),	346
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	347
felony of the fifth degree, and division (C) of section 2929.13 of	348
the Revised Code applies in determining whether to impose a prison	349
term on the offender.	350

(b) Except as otherwise provided in division (C)(4)(c), (d),	351
(e), (f), or (g) of this section, if the offense was committed in	352
the vicinity of a school or in the vicinity of a juvenile,	353
trafficking in cocaine is a felony of the fourth degree, and	354
division (C) of section 2929.13 of the Revised Code applies in	355
determining whether to impose a prison term on the offender.	356

(c) Except as otherwise provided in this division, if the	357
amount of the drug involved equals or exceeds five grams but is	358
less than ten grams of cocaine that is not crack cocaine or equals	359
or exceeds one gram but is less than five grams of crack cocaine,	360
trafficking in cocaine is a felony of the fourth degree, and there	361
is a presumption for a prison term for the offense. If the amount	362
of the drug involved is within one of those ranges and if the	363
offense was committed in the vicinity of a school or in the	364
vicinity of a juvenile, trafficking in cocaine is a felony of the	365
third degree, and there is a presumption for a prison term for the	366
offense.	367

(d) Except as otherwise provided in this division, if the	368
amount of the drug involved equals or exceeds ten grams but is	369
less than one hundred grams of cocaine that is not crack cocaine	370
or equals or exceeds five grams but is less than ten grams of	371
crack cocaine, trafficking in cocaine is a felony of the third	372
degree, and the court shall impose as a mandatory prison term one	373
of the prison terms prescribed for a felony of the third degree.	374
If the amount of the drug involved is within one of those ranges	375
and if the offense was committed in the vicinity of a school or in	376
the vicinity of a juvenile, trafficking in cocaine is a felony of	377
the second degree, and the court shall impose as a mandatory	378
prison term one of the prison terms prescribed for a felony of the	379
second degree.	380

(e) Except as otherwise provided in this division, if the	381
amount of the drug involved equals or exceeds one hundred grams	382
but is less than five hundred grams of cocaine that is not crack	383
cocaine or equals or exceeds ten grams but is less than	384
twenty-five grams of crack cocaine, trafficking in cocaine is a	385
felony of the second degree, and the court shall impose as a	386
mandatory prison term one of the prison terms prescribed for a	387
felony of the second degree. If the amount of the drug involved is	388
within one of those ranges and if the offense was committed in the	389
vicinity of a school or in the vicinity of a juvenile, trafficking	390
in cocaine is a felony of the first degree, and the court shall	391
impose as a mandatory prison term one of the prison terms	392
prescribed for a felony of the first degree.	393

(f) If the amount of the drug involved equals or exceeds five	394
hundred grams but is less than one thousand grams of cocaine that	395
is not crack cocaine or equals or exceeds twenty-five grams but is	396
less than one hundred grams of crack cocaine and regardless of	397
whether the offense was committed in the vicinity of a school or	398
in the vicinity of a juvenile, trafficking in cocaine is a felony	399
of the first degree, and the court shall impose as a mandatory	400
prison term one of the prison terms prescribed for a felony of the	401
first degree.	402

(g) If the amount of the drug involved equals or exceeds one	403
thousand grams of cocaine that is not crack cocaine or equals or	404
exceeds one hundred grams of crack cocaine and regardless of	405
whether the offense was committed in the vicinity of a school or	406
in the vicinity of a juvenile, trafficking in cocaine is a felony	407
of the first degree, the offender is a major drug offender, and	408
the court shall impose as a mandatory prison term the maximum	409
prison term prescribed for a felony of the first degree and may	410
impose an additional mandatory prison term prescribed for a major	411
drug offender under division (D)(3)(b) of section 2929.14 of the	412
Revised Code.	413

(5) If the drug involved in the violation is L.S.D. or a	414
compound, mixture, preparation, or substance containing L.S.D.,	415
whoever violates division (A) of this section is guilty of	416
trafficking in L.S.D. The penalty for the offense shall be	417
determined as follows:	418

(a) Except as otherwise provided in division (C)(5)(b), (c),	419
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	420
felony of the fifth degree, and division (C) of section 2929.13 of	421
the Revised Code applies in determining whether to impose a prison	422
term on the offender.	423

(b) Except as otherwise provided in division (C)(5)(c), (d),	424
(e), (f), or (g) of this section, if the offense was committed in	425
the vicinity of a school or in the vicinity of a juvenile,	426
trafficking in L.S.D. is a felony of the fourth degree, and	427
division (C) of section 2929.13 of the Revised Code applies in	428
determining whether to impose a prison term on the offender.	429

(c) Except as otherwise provided in this division, if the	430
amount of the drug involved equals or exceeds ten unit doses but	431
is less than fifty unit doses of L.S.D. in a solid form or equals	432
or exceeds one gram but is less than five grams of L.S.D. in a	433
liquid concentrate, liquid extract, or liquid distillate form,	434
trafficking in L.S.D. is a felony of the fourth degree, and there	435
is a presumption for a prison term for the offense. If the amount	436
of the drug involved is within that range and if the offense was	437
committed in the vicinity of a school or in the vicinity of a	438
juvenile, trafficking in L.S.D. is a felony of the third degree,	439
and there is a presumption for a prison term for the offense.	440

(d) Except as otherwise provided in this division, if the	441
amount of the drug involved equals or exceeds fifty unit doses but	442
is less than two hundred fifty unit doses of L.S.D. in a solid	443
form or equals or exceeds five grams but is less than twenty-five	444
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	445
distillate form, trafficking in L.S.D. is a felony of the third	446
degree, and the court shall impose as a mandatory prison term one	447
of the prison terms prescribed for a felony of the third degree.	448
If the amount of the drug involved is within that range and if the	449
offense was committed in the vicinity of a school or in the	450
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	451
second degree, and the court shall impose as a mandatory prison	452
term one of the prison terms prescribed for a felony of the second	453
degree.	454

(e) Except as otherwise provided in this division, if the	455
amount of the drug involved equals or exceeds two hundred fifty	456
unit doses but is less than one thousand unit doses of L.S.D. in a	457
solid form or equals or exceeds twenty-five grams but is less than	458
one hundred grams of L.S.D. in a liquid concentrate, liquid	459
extract, or liquid distillate form, trafficking in L.S.D. is a	460
felony of the second degree, and the court shall impose as a	461
mandatory prison term one of the prison terms prescribed for a	462
felony of the second degree. If the amount of the drug involved is	463
within that range and if the offense was committed in the vicinity	464
of a school or in the vicinity of a juvenile, trafficking in	465
L.S.D. is a felony of the first degree, and the court shall impose	466
as a mandatory prison term one of the prison terms prescribed for	467
a felony of the first degree.	468

(f) If the amount of the drug involved equals or exceeds one	469
thousand unit doses but is less than five thousand unit doses of	470
L.S.D. in a solid form or equals or exceeds one hundred grams but	471
is less than five hundred grams of L.S.D. in a liquid concentrate,	472
liquid extract, or liquid distillate form and regardless of	473
whether the offense was committed in the vicinity of a school or	474
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	475
of the first degree, and the court shall impose as a mandatory	476
prison term one of the prison terms prescribed for a felony of the	477
first degree.	478

(g) If the amount of the drug involved equals or exceeds five	479
thousand unit doses of L.S.D. in a solid form or equals or exceeds	480
five hundred grams of L.S.D. in a liquid concentrate, liquid	481
extract, or liquid distillate form and regardless of whether the	482
offense was committed in the vicinity of a school or in the	483
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	484
first degree, the offender is a major drug offender, and the court	485
shall impose as a mandatory prison term the maximum prison term	486
prescribed for a felony of the first degree and may impose an	487
additional mandatory prison term prescribed for a major drug	488
offender under division (D)(3)(b) of section 2929.14 of the	489
Revised Code.	490

(6) If the drug involved in the violation is heroin or a	491
compound, mixture, preparation, or substance containing heroin,	492
whoever violates division (A) of this section is guilty of	493
trafficking in heroin. The penalty for the offense shall be	494
determined as follows:	495

(a) Except as otherwise provided in division (C)(6)(b), (c),	496
(d), (e), (f), or (g) of this section, trafficking in heroin is a	497
felony of the fifth degree, and division (C) of section 2929.13 of	498
the Revised Code applies in determining whether to impose a prison	499
term on the offender.	500

(b) Except as otherwise provided in division (C)(6)(c), (d),	501
(e), (f), or (g) of this section, if the offense was committed in	502
the vicinity of a school or in the vicinity of a juvenile,	503
trafficking in heroin is a felony of the fourth degree, and	504
division (C) of section 2929.13 of the Revised Code applies in	505
determining whether to impose a prison term on the offender.	506

(c) Except as otherwise provided in this division, if the	507
amount of the drug involved equals or exceeds ten unit doses but	508
is less than fifty unit doses or equals or exceeds one gram but is	509
less than five grams, trafficking in heroin is a felony of the	510
fourth degree, and there is a presumption for a prison term for	511
the offense. If the amount of the drug involved is within that	512
range and if the offense was committed in the vicinity of a school	513
or in the vicinity of a juvenile, trafficking in heroin is a	514
felony of the third degree, and there is a presumption for a	515
prison term for the offense.	516

(d) Except as otherwise provided in this division, if the	517
amount of the drug involved equals or exceeds fifty unit doses but	518
is less than one hundred unit doses or equals or exceeds five	519
grams but is less than ten grams, trafficking in heroin is a	520
felony of the third degree, and there is a presumption for a	521
prison term for the offense. If the amount of the drug involved is	522
within that range and if the offense was committed in the vicinity	523
of a school or in the vicinity of a juvenile, trafficking in	524
heroin is a felony of the second degree, and there is a	525
presumption for a prison term for the offense.	526

(e) Except as otherwise provided in this division, if the	527
amount of the drug involved equals or exceeds one hundred unit	528
doses but is less than five hundred unit doses or equals or	529
exceeds ten grams but is less than fifty grams, trafficking in	530
heroin is a felony of the second degree, and the court shall	531
impose as a mandatory prison term one of the prison terms	532
prescribed for a felony of the second degree. If the amount of the	533
drug involved is within that range and if the offense was	534
committed in the vicinity of a school or in the vicinity of a	535
juvenile, trafficking in heroin is a felony of the first degree,	536
and the court shall impose as a mandatory prison term one of the	537
prison terms prescribed for a felony of the first degree.	538

(f) If the amount of the drug involved equals or exceeds five	539
hundred unit doses but is less than two thousand five hundred unit	540
doses or equals or exceeds fifty grams but is less than two	541
hundred fifty grams and regardless of whether the offense was	542
committed in the vicinity of a school or in the vicinity of a	543
juvenile, trafficking in heroin is a felony of the first degree,	544
and the court shall impose as a mandatory prison term one of the	545
prison terms prescribed for a felony of the first degree.	546

(g) If the amount of the drug involved equals or exceeds two	547
thousand five hundred unit doses or equals or exceeds two hundred	548
fifty grams and regardless of whether the offense was committed in	549
the vicinity of a school or in the vicinity of a juvenile,	550
trafficking in heroin is a felony of the first degree, the	551
offender is a major drug offender, and the court shall impose as a	552
mandatory prison term the maximum prison term prescribed for a	553
felony of the first degree and may impose an additional mandatory	554
prison term prescribed for a major drug offender under division	555
(D)(3)(b) of section 2929.14 of the Revised Code.	556

(7) If the drug involved in the violation is hashish or a	557
compound, mixture, preparation, or substance containing hashish,	558
whoever violates division (A) of this section is guilty of	559
trafficking in hashish. The penalty for the offense shall be	560
determined as follows:	561

(a) Except as otherwise provided in division (C)(7)(b), (c),	562
(d), (e), or (f) of this section, trafficking in hashish is a	563
felony of the fifth degree, and division (C) of section 2929.13 of	564
the Revised Code applies in determining whether to impose a prison	565
term on the offender.	566

(b) Except as otherwise provided in division (C)(7)(c), (d),	567
(e), or (f) of this section, if the offense was committed in the	568
vicinity of a school or in the vicinity of a juvenile, trafficking	569
in hashish is a felony of the fourth degree, and division (C) of	570
section 2929.13 of the Revised Code applies in determining whether	571
to impose a prison term on the offender.	572

(c) Except as otherwise provided in this division, if the	573
amount of the drug involved equals or exceeds ten grams but is	574
less than fifty grams of hashish in a solid form or equals or	575
exceeds two grams but is less than ten grams of hashish in a	576
liquid concentrate, liquid extract, or liquid distillate form,	577
trafficking in hashish is a felony of the fourth degree, and	578
division (C) of section 2929.13 of the Revised Code applies in	579
determining whether to impose a prison term on the offender. If	580
the amount of the drug involved is within that range and if the	581
offense was committed in the vicinity of a school or in the	582
vicinity of a juvenile, trafficking in hashish is a felony of the	583
third degree, and division (C) of section 2929.13 of the Revised	584
Code applies in determining whether to impose a prison term on the	585
offender.	586

(d) Except as otherwise provided in this division, if the	587
amount of the drug involved equals or exceeds fifty grams but is	588
less than two hundred fifty grams of hashish in a solid form or	589
equals or exceeds ten grams but is less than fifty grams of	590
hashish in a liquid concentrate, liquid extract, or liquid	591
distillate form, trafficking in hashish is a felony of the third	592
degree, and division (C) of section 2929.13 of the Revised Code	593
applies in determining whether to impose a prison term on the	594
offender. If the amount of the drug involved is within that range	595
and if the offense was committed in the vicinity of a school or in	596
the vicinity of a juvenile, trafficking in hashish is a felony of	597
the second degree, and there is a presumption that a prison term	598
shall be imposed for the offense.	599

(e) Except as otherwise provided in this division, if the	600
amount of the drug involved equals or exceeds two hundred fifty	601
grams but is less than one thousand grams of hashish in a solid	602
form or equals or exceeds fifty grams but is less than two hundred	603
grams of hashish in a liquid concentrate, liquid extract, or	604
liquid distillate form, trafficking in hashish is a felony of the	605
third degree, and there is a presumption that a prison term shall	606
be imposed for the offense. If the amount of the drug involved is	607
within that range and if the offense was committed in the vicinity	608
of a school or in the vicinity of a juvenile, trafficking in	609
hashish is a felony of the second degree, and there is a	610
presumption that a prison term shall be imposed for the offense.	611

(f) Except as otherwise provided in this division, if the	612
amount of the drug involved equals or exceeds one thousand grams	613
of hashish in a solid form or equals or exceeds two hundred grams	614
of hashish in a liquid concentrate, liquid extract, or liquid	615
distillate form, trafficking in hashish is a felony of the second	616
degree, and the court shall impose as a mandatory prison term the	617
maximum prison term prescribed for a felony of the second degree.	618
If the amount of the drug involved is within that range and if the	619
offense was committed in the vicinity of a school or in the	620
vicinity of a juvenile, trafficking in hashish is a felony of the	621
first degree, and the court shall impose as a mandatory prison	622
term the maximum prison term prescribed for a felony of the first	623
degree.	624

(D) In addition to any prison term authorized or required by	625
division (C) of this section and sections 2929.13 and 2929.14 of	626
the Revised Code, and in addition to any other sanction imposed	627
for the offense under this section or sections 2929.11 to 2929.18	628
of the Revised Code, the court that sentences an offender who is	629
convicted of or pleads guilty to a violation of division (A) of	630
this section shall do all of the following that are applicable	631
regarding the offender:	632

(1) If the violation of division (A) of this section is a	633
felony of the first, second, or third degree, the court shall	634
impose upon the offender the mandatory fine specified for the	635
offense under division (B)(1) of section 2929.18 of the Revised	636
Code unless, as specified in that division, the court determines	637
that the offender is indigent. Except as otherwise provided in	638
division (H)(1) of this section, a mandatory fine or any other	639
fine imposed for a violation of this section is subject to	640
division (F) of this section. If a person is charged with a	641
violation of this section that is a felony of the first, second,	642
or third degree, posts bail, and forfeits the bail, the clerk of	643
the court shall pay the forfeited bail pursuant to divisions	644
(D)(1) and (F) of this section, as if the forfeited bail was a	645
fine imposed for a violation of this section. If any amount of the	646
forfeited bail remains after that payment and if a fine is imposed	647
under division (H)(1) of this section, the clerk of the court	648
shall pay the remaining amount of the forfeited bail pursuant to	649
divisions (H)(2) and (3) of this section, as if that remaining	650
amount was a fine imposed under division (H)(1) of this section.	651

(2) The court shall suspend the driver's or commercial	652
driver's license or permit of the offender in accordance with	653
division (G) of this section.	654

(3) If the offender is a professionally licensed person, the	655
court immediately shall comply with section 2925.38 of the Revised	656
Code.	657

(E) When a person is charged with the sale of or offer to	658
sell a bulk amount or a multiple of a bulk amount of a controlled	659
substance, the jury, or the court trying the accused, shall	660
determine the amount of the controlled substance involved at the	661
time of the offense and, if a guilty verdict is returned, shall	662
return the findings as part of the verdict. In any such case, it	663
is unnecessary to find and return the exact amount of the	664
controlled substance involved, and it is sufficient if the finding	665
and return is to the effect that the amount of the controlled	666
substance involved is the requisite amount, or that the amount of	667
the controlled substance involved is less than the requisite	668
amount.	669

(F)(1) Notwithstanding any contrary provision of section	670
3719.21 of the Revised Code and except as provided in division (H)	671
of this section, the clerk of the court shall pay any mandatory	672
fine imposed pursuant to division (D)(1) of this section and any	673
fine other than a mandatory fine that is imposed for a violation	674
of this section pursuant to division (A) or (B)(5) of section	675
2929.18 of the Revised Code to the county, township, municipal	676
corporation, park district, as created pursuant to section 511.18	677
or 1545.04 of the Revised Code, or state law enforcement agencies	678
in this state that primarily were responsible for or involved in	679
making the arrest of, and in prosecuting, the offender. However,	680
the clerk shall not pay a mandatory fine so imposed to a law	681
enforcement agency unless the agency has adopted a written	682
internal control policy under division (F)(2) of this section that	683
addresses the use of the fine moneys that it receives. Each agency	684
shall use the mandatory fines so paid to subsidize the agency's	685
law enforcement efforts that pertain to drug offenses, in	686
accordance with the written internal control policy adopted by the	687
recipient agency under division (F)(2) of this section.	688

(2)(a) Prior to receiving any fine moneys under division	689
(F)(1) of this section or division (B) of section 2925.42 of the	690
Revised Code, a law enforcement agency shall adopt a written	691
internal control policy that addresses the agency's use and	692
disposition of all fine moneys so received and that provides for	693
the keeping of detailed financial records of the receipts of those	694
fine moneys, the general types of expenditures made out of those	695
fine moneys, and the specific amount of each general type of	696
expenditure. The policy shall not provide for or permit the	697
identification of any specific expenditure that is made in an	698
ongoing investigation. All financial records of the receipts of	699
those fine moneys, the general types of expenditures made out of	700
those fine moneys, and the specific amount of each general type of	701
expenditure by an agency are public records open for inspection	702
under section 149.43 of the Revised Code. Additionally, a written	703
internal control policy adopted under this division is such a	704
public record, and the agency that adopted it shall comply with	705
it.	706

(b) Each law enforcement agency that receives in any calendar	707
year any fine moneys under division (F)(1) of this section or	708
division (B) of section 2925.42 of the Revised Code shall prepare	709
a report covering the calendar year that cumulates all of the	710
information contained in all of the public financial records kept	711
by the agency pursuant to division (F)(2)(a) of this section for	712
that calendar year, and shall send a copy of the cumulative	713
report, no later than the first day of March in the calendar year	714
following the calendar year covered by the report, to the attorney	715
general. Each report received by the attorney general is a public	716
record open for inspection under section 149.43 of the Revised	717
Code. Not later than the fifteenth day of April in the calendar	718
year in which the reports are received, the attorney general shall	719
send to the president of the senate and the speaker of the house	720
of representatives a written notification that does all of the	721
following:	722

(i) Indicates that the attorney general has received from law	723
enforcement agencies reports of the type described in this	724
division that cover the previous calendar year and indicates that	725
the reports were received under this division;	726

(ii) Indicates that the reports are open for inspection under	727
section 149.43 of the Revised Code;	728

(iii) Indicates that the attorney general will provide a copy	729
of any or all of the reports to the president of the senate or the	730
speaker of the house of representatives upon request.	731

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

732

(a) "Law enforcement agencies" includes, but is not limited	733
to, the state board of pharmacy and the office of a prosecutor.	734

(b) "Prosecutor" has the same meaning as in section 2935.01	735
of the Revised Code.	736

(G) When required under division (D)(2) of this section or	737
any other provision of this chapter, the court shall suspend for	738
not less than six months or more than five years the driver's or	739
commercial driver's license or permit of any person who is	740
convicted of or pleads guilty to any violation of this section or	741
any other specified provision of this chapter. If an offender's	742
driver's or commercial driver's license or permit is suspended	743
pursuant to this division, the offender, at any time after the	744
expiration of two years from the day on which the offender's	745
sentence was imposed or from the day on which the offender finally	746
was released from a prison term under the sentence, whichever is	747
later, may file a motion with the sentencing court requesting	748
termination of the suspension; upon the filing of such a motion	749
and the court's finding of good cause for the termination, the	750
court may terminate the suspension.	751

(H)(1) In addition to any prison term authorized or required	752
by division (C) of this section and sections 2929.13 and 2929.14	753
of the Revised Code, in addition to any other penalty or sanction	754
imposed for the offense under this section or sections 2929.11 to	755
2929.18 of the Revised Code, and in addition to the forfeiture of	756
property in connection with the offense as prescribed in Chapter	757
2981. of the Revised Code, the court that sentences an offender	758
who is convicted of or pleads guilty to a violation of division	759
(A) of this section may impose upon the offender an additional	760
fine specified for the offense in division (B)(4) of section	761
2929.18 of the Revised Code. A fine imposed under division (H)(1)	762
of this section is not subject to division (F) of this section and	763
shall be used solely for the support of one or more eligible	764
alcohol and drug addiction programs in accordance with divisions	765
(H)(2) and (3) of this section.	766

(2) The court that imposes a fine under division (H)(1) of	767
this section shall specify in the judgment that imposes the fine	768
one or more eligible alcohol and drug addiction programs for the	769
support of which the fine money is to be used. No alcohol and drug	770
addiction program shall receive or use money paid or collected in	771
satisfaction of a fine imposed under division (H)(1) of this	772
section unless the program is specified in the judgment that	773
imposes the fine. No alcohol and drug addiction program shall be	774
specified in the judgment unless the program is an eligible	775
alcohol and drug addiction program and, except as otherwise	776
provided in division (H)(2) of this section, unless the program is	777
located in the county in which the court that imposes the fine is	778
located or in a county that is immediately contiguous to the	779
county in which that court is located. If no eligible alcohol and	780
drug addiction program is located in any of those counties, the	781
judgment may specify an eligible alcohol and drug addiction	782
program that is located anywhere within this state.	783

(3) Notwithstanding any contrary provision of section 3719.21	784
of the Revised Code, the clerk of the court shall pay any fine	785
imposed under division (H)(1) of this section to the eligible	786
alcohol and drug addiction program specified pursuant to division	787
(H)(2) of this section in the judgment. The eligible alcohol and	788
drug addiction program that receives the fine moneys shall use the	789
moneys only for the alcohol and drug addiction services identified	790
in the application for certification under section 3793.06 of the	791
Revised Code or in the application for a license under section	792
3793.11 of the Revised Code filed with the department of alcohol	793
and drug addiction services by the alcohol and drug addiction	794
program specified in the judgment.	795

(4) Each alcohol and drug addiction program that receives in	796
a calendar year any fine moneys under division (H)(3) of this	797
section shall file an annual report covering that calendar year	798
with the court of common pleas and the board of county	799
commissioners of the county in which the program is located, with	800
the court of common pleas and the board of county commissioners of	801
each county from which the program received the moneys if that	802
county is different from the county in which the program is	803
located, and with the attorney general. The alcohol and drug	804
addiction program shall file the report no later than the first	805
day of March in the calendar year following the calendar year in	806
which the program received the fine moneys. The report shall	807
include statistics on the number of persons served by the alcohol	808
and drug addiction program, identify the types of alcohol and drug	809
addiction services provided to those persons, and include a	810
specific accounting of the purposes for which the fine moneys	811
received were used. No information contained in the report shall	812
identify, or enable a person to determine the identity of, any	813
person served by the alcohol and drug addiction program. Each	814
report received by a court of common pleas, a board of county	815
commissioners, or the attorney general is a public record open for	816
inspection under section 149.43 of the Revised Code.	817

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

818

(a) "Alcohol and drug addiction program" and "alcohol and	819
drug addiction services" have the same meanings as in section	820
3793.01 of the Revised Code.	821

(b) "Eligible alcohol and drug addiction program" means an	822
alcohol and drug addiction program that is certified under section	823
3793.06 of the Revised Code or licensed under section 3793.11 of	824
the Revised Code by the department of alcohol and drug addiction	825
services.	826

(I) As used in this section, "drug" includes any substance	827
that is represented to be a drug.	828

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	829
or use a controlled substance.	830

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

831

(1) Manufacturers, licensed health professionals authorized	832
to prescribe drugs, pharmacists, owners of pharmacies, and other	833
persons whose conduct was in accordance with Chapters 3719.,	834
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code	835
or section 5120.052 of the Revised Code;	836

(2) If the offense involves an anabolic steroid, any person	837
who is conducting or participating in a research project involving	838
the use of an anabolic steroid if the project has been approved by	839
the United States food and drug administration;	840

(3) Any person who sells, offers for sale, prescribes,	841
dispenses, or administers for livestock or other nonhuman species	842
an anabolic steroid that is expressly intended for administration	843
through implants to livestock or other nonhuman species and	844
approved for that purpose under the "Federal Food, Drug, and	845
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	846
and is sold, offered for sale, prescribed, dispensed, or	847
administered for that purpose in accordance with that act;	848

(4) Any person who obtained the controlled substance pursuant	849
to a lawful prescription issued by a licensed health professional	850
authorized to prescribe drugs.	851

(C) Whoever violates division (A) of this section is guilty	852
of one of the following:	853

(1) If the drug involved in the violation is a compound,	854
mixture, preparation, or substance included in schedule I or II,	855
with the exception of marihuana, cocaine, L.S.D., heroin, and	856
hashish, whoever violates division (A) of this section is guilty	857
of aggravated possession of drugs. The penalty for the offense	858
shall be determined as follows:	859

(a) Except as otherwise provided in division (C)(1)(b), (c),	860
(d), or (e) of this section, aggravated possession of drugs is a	861
felony of the fifth degree, and division (B) of section 2929.13 of	862
the Revised Code applies in determining whether to impose a prison	863
term on the offender.	864

(b) If the amount of the drug involved equals or exceeds the	865
bulk amount but is less than five times the bulk amount,	866
aggravated possession of drugs is a felony of the third degree,	867
and there is a presumption for a prison term for the offense.	868

(c) If the amount of the drug involved equals or exceeds five	869
times the bulk amount but is less than fifty times the bulk	870
amount, aggravated possession of drugs is a felony of the second	871
degree, and the court shall impose as a mandatory prison term one	872
of the prison terms prescribed for a felony of the second degree.	873

(d) If the amount of the drug involved equals or exceeds	874
fifty times the bulk amount but is less than one hundred times the	875
bulk amount, aggravated possession of drugs is a felony of the	876
first degree, and the court shall impose as a mandatory prison	877
term one of the prison terms prescribed for a felony of the first	878
degree.	879

(e) If the amount of the drug involved equals or exceeds one	880
hundred times the bulk amount, aggravated possession of drugs is a	881
felony of the first degree, the offender is a major drug offender,	882
and the court shall impose as a mandatory prison term the maximum	883
prison term prescribed for a felony of the first degree and may	884
impose an additional mandatory prison term prescribed for a major	885
drug offender under division (D)(3)(b) of section 2929.14 of the	886
Revised Code.	887

(2) If the drug involved in the violation is a compound,	888
mixture, preparation, or substance included in schedule III, IV,	889
or V, whoever violates division (A) of this section is guilty of	890
possession of drugs. The penalty for the offense shall be	891
determined as follows:	892

(a) Except as otherwise provided in division (C)(2)(b), (c),	893
or (d) of this section, possession of drugs is a misdemeanor of	894
the first degree or, if the offender previously has been convicted	895
of a drug abuse offense, a felony of the fifth degree.	896

(b) If the amount of the drug involved equals or exceeds the	897
bulk amount but is less than five times the bulk amount,	898
possession of drugs is a felony of the fourth degree, and division	899
(C) of section 2929.13 of the Revised Code applies in determining	900
whether to impose a prison term on the offender.	901

(c) If the amount of the drug involved equals or exceeds five	902
times the bulk amount but is less than fifty times the bulk	903
amount, possession of drugs is a felony of the third degree, and	904
there is a presumption for a prison term for the offense.	905

(d) If the amount of the drug involved equals or exceeds	906
fifty times the bulk amount, possession of drugs is a felony of	907
the second degree, and the court shall impose upon the offender as	908
a mandatory prison term one of the prison terms prescribed for a	909
felony of the second degree.	910

(3) If the drug involved in the violation is marihuana or a	911
compound, mixture, preparation, or substance containing marihuana	912
other than hashish, whoever violates division (A) of this section	913
is guilty of possession of marihuana. The penalty for the offense	914
shall be determined as follows:	915

(a) Except as otherwise provided in division (C)(3)(b), (c),	916
(d), (e), or (f) of this section, possession of marihuana is a	917
minor misdemeanor.	918

(b) If the amount of the drug involved equals or exceeds one	919
hundred grams but is less than two hundred grams, possession of	920
marihuana is a misdemeanor of the fourth degree.	921

(c) If the amount of the drug involved equals or exceeds two	922
hundred grams but is less than one thousand grams, possession of	923
marihuana is a felony of the fifth degree, and division (B) of	924
section 2929.13 of the Revised Code applies in determining whether	925
to impose a prison term on the offender.	926

(d) If the amount of the drug involved equals or exceeds one	927
thousand grams but is less than five thousand grams, possession of	928
marihuana is a felony of the third degree, and division (C) of	929
section 2929.13 of the Revised Code applies in determining whether	930
to impose a prison term on the offender.	931

(e) If the amount of the drug involved equals or exceeds five	932
thousand grams but is less than twenty thousand grams, possession	933
of marihuana is a felony of the third degree, and there is a	934
presumption that a prison term shall be imposed for the offense.	935

(f) If the amount of the drug involved equals or exceeds	936
twenty thousand grams, possession of marihuana is a felony of the	937
second degree, and the court shall impose as a mandatory prison	938
term the maximum prison term prescribed for a felony of the second	939
degree.	940

(4) If the drug involved in the violation is cocaine or a	941
compound, mixture, preparation, or substance containing cocaine,	942
whoever violates division (A) of this section is guilty of	943
possession of cocaine. The penalty for the offense shall be	944
determined as follows:	945

(a) Except as otherwise provided in division (C)(4)(b), (c),	946
(d), (e), or (f) of this section, possession of cocaine is a	947
felony of the fifth degree, and division (B) of section 2929.13 of	948
the Revised Code applies in determining whether to impose a prison	949
term on the offender.	950

(b) If the amount of the drug involved equals or exceeds five	951
grams but is less than twenty-five grams of cocaine that is not	952
crack cocaine or equals or exceeds one gram but is less than five	953
grams of crack cocaine, possession of cocaine is a felony of the	954
fourth degree, and there is a presumption for a prison term for	955
the offense.	956

(c) If the amount of the drug involved equals or exceeds	957
twenty-five grams but is less than one hundred grams of cocaine	958
that is not crack cocaine or equals or exceeds five grams but is	959
less than ten grams of crack cocaine, possession of cocaine is a	960
felony of the third degree, and the court shall impose as a	961
mandatory prison term one of the prison terms prescribed for a	962
felony of the third degree.	963

(d) If the amount of the drug involved equals or exceeds one	964
hundred grams but is less than five hundred grams of cocaine that	965
is not crack cocaine or equals or exceeds ten grams but is less	966
than twenty-five grams of crack cocaine, possession of cocaine is	967
a felony of the second degree, and the court shall impose as a	968
mandatory prison term one of the prison terms prescribed for a	969
felony of the second degree.	970

(e) If the amount of the drug involved equals or exceeds five	971
hundred grams but is less than one thousand grams of cocaine that	972
is not crack cocaine or equals or exceeds twenty-five grams but is	973
less than one hundred grams of crack cocaine, possession of	974
cocaine is a felony of the first degree, and the court shall	975
impose as a mandatory prison term one of the prison terms	976
prescribed for a felony of the first degree.	977

(f) If the amount of the drug involved equals or exceeds one	978
thousand grams of cocaine that is not crack cocaine or equals or	979
exceeds one hundred grams of crack cocaine, possession of cocaine	980
is a felony of the first degree, the offender is a major drug	981
offender, and the court shall impose as a mandatory prison term	982
the maximum prison term prescribed for a felony of the first	983
degree and may impose an additional mandatory prison term	984
prescribed for a major drug offender under division (D)(3)(b) of	985
section 2929.14 of the Revised Code.	986

(5) If the drug involved in the violation is L.S.D., whoever	987
violates division (A) of this section is guilty of possession of	988
L.S.D. The penalty for the offense shall be determined as follows:	989

(a) Except as otherwise provided in division (C)(5)(b), (c),	990
(d), (e), or (f) of this section, possession of L.S.D. is a felony	991
of the fifth degree, and division (B) of section 2929.13 of the	992
Revised Code applies in determining whether to impose a prison	993
term on the offender.	994

(b) If the amount of L.S.D. involved equals or exceeds ten	995
unit doses but is less than fifty unit doses of L.S.D. in a solid	996
form or equals or exceeds one gram but is less than five grams of	997
L.S.D. in a liquid concentrate, liquid extract, or liquid	998
distillate form, possession of L.S.D. is a felony of the fourth	999
degree, and division (C) of section 2929.13 of the Revised Code	1000
applies in determining whether to impose a prison term on the	1001
offender.	1002

(c) If the amount of L.S.D. involved equals or exceeds fifty	1003
unit doses, but is less than two hundred fifty unit doses of	1004
L.S.D. in a solid form or equals or exceeds five grams but is less	1005
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1006
extract, or liquid distillate form, possession of L.S.D. is a	1007
felony of the third degree, and there is a presumption for a	1008
prison term for the offense.	1009

(d) If the amount of L.S.D. involved equals or exceeds two	1010
hundred fifty unit doses but is less than one thousand unit doses	1011
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1012
but is less than one hundred grams of L.S.D. in a liquid	1013
concentrate, liquid extract, or liquid distillate form, possession	1014
of L.S.D. is a felony of the second degree, and the court shall	1015
impose as a mandatory prison term one of the prison terms	1016
prescribed for a felony of the second degree.	1017

(e) If the amount of L.S.D. involved equals or exceeds one	1018
thousand unit doses but is less than five thousand unit doses of	1019
L.S.D. in a solid form or equals or exceeds one hundred grams but	1020
is less than five hundred grams of L.S.D. in a liquid concentrate,	1021
liquid extract, or liquid distillate form, possession of L.S.D. is	1022
a felony of the first degree, and the court shall impose as a	1023
mandatory prison term one of the prison terms prescribed for a	1024
felony of the first degree.	1025

(f) If the amount of L.S.D. involved equals or exceeds five	1026
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1027
five hundred grams of L.S.D. in a liquid concentrate, liquid	1028
extract, or liquid distillate form, possession of L.S.D. is a	1029
felony of the first degree, the offender is a major drug offender,	1030
and the court shall impose as a mandatory prison term the maximum	1031
prison term prescribed for a felony of the first degree and may	1032
impose an additional mandatory prison term prescribed for a major	1033
drug offender under division (D)(3)(b) of section 2929.14 of the	1034
Revised Code.	1035

(6) If the drug involved in the violation is heroin or a	1036
compound, mixture, preparation, or substance containing heroin,	1037
whoever violates division (A) of this section is guilty of	1038
possession of heroin. The penalty for the offense shall be	1039
determined as follows:	1040

(a) Except as otherwise provided in division (C)(6)(b), (c),	1041
(d), (e), or (f) of this section, possession of heroin is a felony	1042
of the fifth degree, and division (B) of section 2929.13 of the	1043
Revised Code applies in determining whether to impose a prison	1044
term on the offender.	1045

(b) If the amount of the drug involved equals or exceeds ten	1046
unit doses but is less than fifty unit doses or equals or exceeds	1047
one gram but is less than five grams, possession of heroin is a	1048
felony of the fourth degree, and division (C) of section 2929.13	1049
of the Revised Code applies in determining whether to impose a	1050
prison term on the offender.	1051

(c) If the amount of the drug involved equals or exceeds	1052
fifty unit doses but is less than one hundred unit doses or equals	1053
or exceeds five grams but is less than ten grams, possession of	1054
heroin is a felony of the third degree, and there is a presumption	1055
for a prison term for the offense.	1056

(d) If the amount of the drug involved equals or exceeds one	1057
hundred unit doses but is less than five hundred unit doses or	1058
equals or exceeds ten grams but is less than fifty grams,	1059
possession of heroin is a felony of the second degree, and the	1060
court shall impose as a mandatory prison term one of the prison	1061
terms prescribed for a felony of the second degree.	1062

(e) If the amount of the drug involved equals or exceeds five	1063
hundred unit doses but is less than two thousand five hundred unit	1064
doses or equals or exceeds fifty grams but is less than two	1065
hundred fifty grams, possession of heroin is a felony of the first	1066
degree, and the court shall impose as a mandatory prison term one	1067
of the prison terms prescribed for a felony of the first degree.	1068

(f) If the amount of the drug involved equals or exceeds two	1069
thousand five hundred unit doses or equals or exceeds two hundred	1070
fifty grams, possession of heroin is a felony of the first degree,	1071
the offender is a major drug offender, and the court shall impose	1072
as a mandatory prison term the maximum prison term prescribed for	1073
a felony of the first degree and may impose an additional	1074
mandatory prison term prescribed for a major drug offender under	1075
division (D)(3)(b) of section 2929.14 of the Revised Code.	1076

(7) If the drug involved in the violation is hashish or a	1077
compound, mixture, preparation, or substance containing hashish,	1078
whoever violates division (A) of this section is guilty of	1079
possession of hashish. The penalty for the offense shall be	1080
determined as follows:	1081

(a) Except as otherwise provided in division (C)(7)(b), (c),	1082
(d), (e), or (f) of this section, possession of hashish is a minor	1083
misdemeanor.	1084

(b) If the amount of the drug involved equals or exceeds five	1085
grams but is less than ten grams of hashish in a solid form or	1086
equals or exceeds one gram but is less than two grams of hashish	1087
in a liquid concentrate, liquid extract, or liquid distillate	1088
form, possession of hashish is a misdemeanor of the fourth degree.	1089

(c) If the amount of the drug involved equals or exceeds ten	1090
grams but is less than fifty grams of hashish in a solid form or	1091
equals or exceeds two grams but is less than ten grams of hashish	1092
in a liquid concentrate, liquid extract, or liquid distillate	1093
form, possession of hashish is a felony of the fifth degree, and	1094
division (B) of section 2929.13 of the Revised Code applies in	1095
determining whether to impose a prison term on the offender.	1096

(d) If the amount of the drug involved equals or exceeds	1097
fifty grams but is less than two hundred fifty grams of hashish in	1098
a solid form or equals or exceeds ten grams but is less than fifty	1099
grams of hashish in a liquid concentrate, liquid extract, or	1100
liquid distillate form, possession of hashish is a felony of the	1101
third degree, and division (C) of section 2929.13 of the Revised	1102
Code applies in determining whether to impose a prison term on the	1103
offender.	1104

(e) If the amount of the drug involved equals or exceeds two	1105
hundred fifty grams but is less than one thousand grams of hashish	1106
in a solid form or equals or exceeds fifty grams but is less than	1107
two hundred grams of hashish in a liquid concentrate, liquid	1108
extract, or liquid distillate form, possession of hashish is a	1109
felony of the third degree, and there is a presumption that a	1110
prison term shall be imposed for the offense.	1111

(f) If the amount of the drug involved equals or exceeds one	1112
thousand grams of hashish in a solid form or equals or exceeds two	1113
hundred grams of hashish in a liquid concentrate, liquid extract,	1114
or liquid distillate form, possession of hashish is a felony of	1115
the second degree, and the court shall impose as a mandatory	1116
prison term the maximum prison term prescribed for a felony of the	1117
second degree.	1118

(D) Arrest or conviction for a minor misdemeanor violation of	1119
this section does not constitute a criminal record and need not be	1120
reported by the person so arrested or convicted in response to any	1121
inquiries about the person's criminal record, including any	1122
inquiries contained in any application for employment, license, or	1123
other right or privilege, or made in connection with the person's	1124
appearance as a witness.	1125

(E) In addition to any prison term or jail term authorized or	1126
required by division (C) of this section and sections 2929.13,	1127
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1128
addition to any other sanction that is imposed for the offense	1129
under this section, sections 2929.11 to 2929.18, or sections	1130
2929.21 to 2929.28 of the Revised Code, the court that sentences	1131
an offender who is convicted of or pleads guilty to a violation of	1132
division (A) of this section shall do all of the following that	1133
are applicable regarding the offender:	1134

(1)(a) If the violation is a felony of the first, second, or	1135
third degree, the court shall impose upon the offender the	1136
mandatory fine specified for the offense under division (B)(1) of	1137
section 2929.18 of the Revised Code unless, as specified in that	1138
division, the court determines that the offender is indigent.	1139

(b) Notwithstanding any contrary provision of section 3719.21	1140
of the Revised Code, the clerk of the court shall pay a mandatory	1141
fine or other fine imposed for a violation of this section	1142
pursuant to division (A) of section 2929.18 of the Revised Code in	1143
accordance with and subject to the requirements of division (F) of	1144
section 2925.03 of the Revised Code. The agency that receives the	1145
fine shall use the fine as specified in division (F) of section	1146
2925.03 of the Revised Code.	1147

(c) If a person is charged with a violation of this section	1148
that is a felony of the first, second, or third degree, posts	1149
bail, and forfeits the bail, the clerk shall pay the forfeited	1150
bail pursuant to division (E)(1)(b) of this section as if it were	1151
a mandatory fine imposed under division (E)(1)(a) of this section.	1152

(2) The court shall suspend for not less than six months or	1153
more than five years the offender's driver's or commercial	1154
driver's license or permit.	1155

(3) If the offender is a professionally licensed person, in	1156
addition to any other sanction imposed for a violation of this	1157
section, the court immediately shall comply with section 2925.38	1158
of the Revised Code.	1159

(F) It is an affirmative defense, as provided in section	1160
2901.05 of the Revised Code, to a charge of a fourth degree felony	1161
violation under this section that the controlled substance that	1162
gave rise to the charge is in an amount, is in a form, is	1163
prepared, compounded, or mixed with substances that are not	1164
controlled substances in a manner, or is possessed under any other	1165
circumstances, that indicate that the substance was possessed	1166
solely for personal use. Notwithstanding any contrary provision of	1167
this section, if, in accordance with section 2901.05 of the	1168
Revised Code, an accused who is charged with a fourth degree	1169
felony violation of division (C)(2), (4), (5), or (6) of this	1170
section sustains the burden of going forward with evidence of and	1171
establishes by a preponderance of the evidence the affirmative	1172
defense described in this division, the accused may be prosecuted	1173
for and may plead guilty to or be convicted of a misdemeanor	1174
violation of division (C)(2) of this section or a fifth degree	1175
felony violation of division (C)(4), (5), or (6) of this section	1176
respectively.	1177

(G) When a person is charged with possessing a bulk amount or	1178
multiple of a bulk amount, division (E) of section 2925.03 of the	1179
Revised Code applies regarding the determination of the amount of	1180
the controlled substance involved at the time of the offense.	1181

Sec. 2925.12.  (A) No person shall knowingly make, obtain,	1182
possess, or use any instrument, article, or thing the customary	1183
and primary purpose of which is for the administration or use of a	1184
dangerous drug, other than marihuana, when the instrument involved	1185
is a hypodermic or syringe, whether or not of crude or	1186
extemporized manufacture or assembly, and the instrument, article,	1187
or thing involved has been used by the offender to unlawfully	1188
administer or use a dangerous drug, other than marihuana, or to	1189
prepare a dangerous drug, other than marihuana, for unlawful	1190
administration or use.	1191

(B) This section does not apply to manufacturers, licensed	1192
health professionals authorized to prescribe drugs, pharmacists,	1193
owners of pharmacies, and other persons whose conduct was in	1194
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	1195
and 4741. of the Revised Code or section 5120.052 of the Revised	1196
Code.	1197

(C) Whoever violates this section is guilty of possessing	1198
drug abuse instruments, a misdemeanor of the second degree. If the	1199
offender previously has been convicted of a drug abuse offense, a	1200
violation of this section is a misdemeanor of the first degree.	1201

(D) In addition to any other sanction imposed upon an	1202
offender for a violation of this section, the court shall suspend	1203
for not less than six months or more than five years the	1204
offender's driver's or commercial driver's license or permit. If	1205
the offender is a professionally licensed person, in addition to	1206
any other sanction imposed for a violation of this section, the	1207
court immediately shall comply with section 2925.38 of the Revised	1208
Code.	1209

Sec. 2925.14.  (A) As used in this section, "drug	1210
paraphernalia" means any equipment, product, or material of any	1211
kind that is used by the offender, intended by the offender for	1212
use, or designed for use, in propagating, cultivating, growing,	1213
harvesting, manufacturing, compounding, converting, producing,	1214
processing, preparing, testing, analyzing, packaging, repackaging,	1215
storing, containing, concealing, injecting, ingesting, inhaling,	1216
or otherwise introducing into the human body, a controlled	1217
substance in violation of this chapter. "Drug paraphernalia"	1218
includes, but is not limited to, any of the following equipment,	1219
products, or materials that are used by the offender, intended by	1220
the offender for use, or designed by the offender for use, in any	1221
of the following manners:	1222

(1) A kit for propagating, cultivating, growing, or	1223
harvesting any species of a plant that is a controlled substance	1224
or from which a controlled substance can be derived;	1225

(2) A kit for manufacturing, compounding, converting,	1226
producing, processing, or preparing a controlled substance;	1227

(3) Any object, instrument, or device for manufacturing,	1228
compounding, converting, producing, processing, or preparing	1229
methamphetamine;	1230

(4) An isomerization device for increasing the potency of any	1231
species of a plant that is a controlled substance;	1232

(5) Testing equipment for identifying, or analyzing the	1233
strength, effectiveness, or purity of, a controlled substance;	1234

(6) A scale or balance for weighing or measuring a controlled	1235
substance;	1236

(7) A diluent or adulterant, such as quinine hydrochloride,	1237
mannitol, mannite, dextrose, or lactose, for cutting a controlled	1238
substance;	1239

(8) A separation gin or sifter for removing twigs and seeds	1240
from, or otherwise cleaning or refining, marihuana;	1241

(9) A blender, bowl, container, spoon, or mixing device for	1242
compounding a controlled substance;	1243

(10) A capsule, balloon, envelope, or container for packaging	1244
small quantities of a controlled substance;	1245

(11) A container or device for storing or concealing a	1246
controlled substance;	1247

(12) A hypodermic syringe, needle, or instrument for	1248
parenterally injecting a controlled substance into the human body;	1249

(13) An object, instrument, or device for ingesting,	1250
inhaling, or otherwise introducing into the human body, marihuana,	1251
cocaine, hashish, or hashish oil, such as a metal, wooden,	1252
acrylic, glass, stone, plastic, or ceramic pipe, with or without a	1253
screen, permanent screen, hashish head, or punctured metal bowl;	1254
water pipe; carburetion tube or device; smoking or carburetion	1255
mask; roach clip or similar object used to hold burning material,	1256
such as a marihuana cigarette, that has become too small or too	1257
short to be held in the hand; miniature cocaine spoon, or cocaine	1258
vial; chamber pipe; carburetor pipe; electric pipe; air driver	1259
pipe; chillum; bong; or ice pipe or chiller.	1260

(B) In determining if any equipment, product, or material is	1261
drug paraphernalia, a court or law enforcement officer shall	1262
consider, in addition to other relevant factors, the following:	1263

(1) Any statement by the owner, or by anyone in control, of	1264
the equipment, product, or material, concerning its use;	1265

(2) The proximity in time or space of the equipment, product,	1266
or material, or of the act relating to the equipment, product, or	1267
material, to a violation of any provision of this chapter;	1268

(3) The proximity of the equipment, product, or material to	1269
any controlled substance;	1270

(4) The existence of any residue of a controlled substance on	1271
the equipment, product, or material;	1272

(5) Direct or circumstantial evidence of the intent of the	1273
owner, or of anyone in control, of the equipment, product, or	1274
material, to deliver it to any person whom the owner or person in	1275
control of the equipment, product, or material knows intends to	1276
use the object to facilitate a violation of any provision of this	1277
chapter. A finding that the owner, or anyone in control, of the	1278
equipment, product, or material, is not guilty of a violation of	1279
any other provision of this chapter does not prevent a finding	1280
that the equipment, product, or material was intended or designed	1281
by the offender for use as drug paraphernalia.	1282

(6) Any oral or written instruction provided with the	1283
equipment, product, or material concerning its use;	1284

(7) Any descriptive material accompanying the equipment,	1285
product, or material and explaining or depicting its use;	1286

(8) National or local advertising concerning the use of the	1287
equipment, product, or material;	1288

(9) The manner and circumstances in which the equipment,	1289
product, or material is displayed for sale;	1290

(10) Direct or circumstantial evidence of the ratio of the	1291
sales of the equipment, product, or material to the total sales of	1292
the business enterprise;	1293

(11) The existence and scope of legitimate uses of the	1294
equipment, product, or material in the community;	1295

(12) Expert testimony concerning the use of the equipment,	1296
product, or material.	1297

(C)(1) No person shall knowingly use, or possess with purpose	1298
to use, drug paraphernalia.	1299

(2) No person shall knowingly sell, or possess or manufacture	1300
with purpose to sell, drug paraphernalia, if the person knows or	1301
reasonably should know that the equipment, product, or material	1302
will be used as drug paraphernalia.	1303

(3) No person shall place an advertisement in any newspaper,	1304
magazine, handbill, or other publication that is published and	1305
printed and circulates primarily within this state, if the person	1306
knows that the purpose of the advertisement is to promote the	1307
illegal sale in this state of the equipment, product, or material	1308
that the offender intended or designed for use as drug	1309
paraphernalia.	1310

(D) This section does not apply to manufacturers, licensed	1311
health professionals authorized to prescribe drugs, pharmacists,	1312
owners of pharmacies, and other persons whose conduct is in	1313
accordance with Chapters 3719., 4715., 4723., 4729., 4730., 4731.,	1314
and 4741. of the Revised Code or section 5120.052 of the Revised	1315
Code. This section shall not be construed to prohibit the	1316
possession or use of a hypodermic as authorized by section	1317
3719.172 of the Revised Code.	1318

(E) Notwithstanding Chapter 2981. of the Revised Code, any	1319
drug paraphernalia that was used, possessed, sold, or manufactured	1320
in a violation of this section shall be seized, after a conviction	1321
for that violation shall be forfeited, and upon forfeiture shall	1322
be disposed of pursuant to division (B) of section 2981.12 of the	1323
Revised Code.	1324

(F)(1) Whoever violates division (C)(1) of this section is	1325
guilty of illegal use or possession of drug paraphernalia, a	1326
misdemeanor of the fourth degree.	1327

(2) Except as provided in division (F)(3) of this section,	1328
whoever violates division (C)(2) of this section is guilty of	1329
dealing in drug paraphernalia, a misdemeanor of the second degree.	1330

(3) Whoever violates division (C)(2) of this section by	1331
selling drug paraphernalia to a juvenile is guilty of selling drug	1332
paraphernalia to juveniles, a misdemeanor of the first degree.	1333

(4) Whoever violates division (C)(3) of this section is	1334
guilty of illegal advertising of drug paraphernalia, a misdemeanor	1335
of the second degree.	1336

(G) In addition to any other sanction imposed upon an	1337
offender for a violation of this section, the court shall suspend	1338
for not less than six months or more than five years the	1339
offender's driver's or commercial driver's license or permit. If	1340
the offender is a professionally licensed person, in addition to	1341
any other sanction imposed for a violation of this section, the	1342
court immediately shall comply with section 2925.38 of the Revised	1343
Code.	1344

Sec. 2925.23.  (A) No person shall knowingly make a false	1345
statement in any prescription, order, report, or record required	1346
by Chapter 3719. or 4729. of the Revised Code.	1347

(B) No person shall intentionally make, utter, or sell, or	1348
knowingly possess any of the following that is a false or forged:	1349

(1) Prescription;

1350

(2) Uncompleted preprinted prescription blank used for	1351
writing a prescription;	1352

(3) Official written order;

1353

(4) License for a terminal distributor of dangerous drugs as	1354
required in section 4729.60 of the Revised Code;	1355

(5) Registration certificate for a wholesale distributor of	1356
dangerous drugs as required in section 4729.60 of the Revised	1357
Code.	1358

(C) No person, by theft as defined in section 2913.02 of the	1359
Revised Code, shall acquire any of the following:	1360

(1) A prescription;

1361

(2) An uncompleted preprinted prescription blank used for	1362
writing a prescription;	1363

(3) An official written order;

1364

(4) A blank official written order;

1365

(5) A license or blank license for a terminal distributor of	1366
dangerous drugs as required in section 4729.60 of the Revised	1367
Code;	1368

(6) A registration certificate or blank registration	1369
certificate for a wholesale distributor of dangerous drugs as	1370
required in section 4729.60 of the Revised Code.	1371

(D) No person shall knowingly make or affix any false or	1372
forged label to a package or receptacle containing any dangerous	1373
drugs.	1374

(E) Divisions (A) and (D) of this section do not apply to	1375
licensed health professionals authorized to prescribe drugs,	1376
pharmacists, owners of pharmacies, and other persons whose conduct	1377
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,	1378
4730., 4731., and 4741. of the Revised Code or section 5120.052 of	1379
the Revised Code.	1380

(F) Whoever violates this section is guilty of illegal	1381
processing of drug documents. If the offender violates division	1382
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this	1383
section, illegal processing of drug documents is a felony of the	1384
fifth degree. If the offender violates division (A), division	1385
(B)(1) or (3), division (C)(1) or (3), or division (D) of this	1386
section, the penalty for illegal processing of drug documents	1387
shall be determined as follows:	1388

(1) If the drug involved is a compound, mixture, preparation,	1389
or substance included in schedule I or II, with the exception of	1390
marihuana, illegal processing of drug documents is a felony of the	1391
fourth degree, and division (C) of section 2929.13 of the Revised	1392
Code applies in determining whether to impose a prison term on the	1393
offender.	1394

(2) If the drug involved is a dangerous drug or a compound,	1395
mixture, preparation, or substance included in schedule III, IV,	1396
or V or is marihuana, illegal processing of drug documents is a	1397
felony of the fifth degree, and division (C) of section 2929.13 of	1398
the Revised Code applies in determining whether to impose a prison	1399
term on the offender.	1400

(G) In addition to any prison term authorized or required by	1401
division (F) of this section and sections 2929.13 and 2929.14 of	1402
the Revised Code and in addition to any other sanction imposed for	1403
the offense under this section or sections 2929.11 to 2929.18 of	1404
the Revised Code, the court that sentences an offender who is	1405
convicted of or pleads guilty to any violation of divisions (A) to	1406
(D) of this section shall do both of the following:	1407

(1) The court shall suspend for not less than six months or	1408
more than five years the offender's driver's or commercial	1409
driver's license or permit.	1410

(2) If the offender is a professionally licensed person, in	1411
addition to any other sanction imposed for a violation of this	1412
section, the court immediately shall comply with section 2925.38	1413
of the Revised Code.	1414

(H) Notwithstanding any contrary provision of section 3719.21	1415
of the Revised Code, the clerk of court shall pay a fine imposed	1416
for a violation of this section pursuant to division (A) of	1417
section 2929.18 of the Revised Code in accordance with and subject	1418
to the requirements of division (F) of section 2925.03 of the	1419
Revised Code. The agency that receives the fine shall use the fine	1420
as specified in division (F) of section 2925.03 of the Revised	1421
Code.	1422

Sec. 2925.36.  (A) No person shall knowingly furnish another	1423
a sample drug.	1424

(B) Division (A) of this section does not apply to	1425
manufacturers, wholesalers, pharmacists, owners of pharmacies,	1426
licensed health professionals authorized to prescribe drugs, and	1427
other persons whose conduct is in accordance with Chapters 3719.,	1428
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised	1429
Code or section 5120.052 of the Revised Code.	1430

(C)(1) Whoever violates this section is guilty of illegal	1431
dispensing of drug samples.	1432

(2) If the drug involved in the offense is a compound,	1433
mixture, preparation, or substance included in schedule I or II,	1434
with the exception of marihuana, the penalty for the offense shall	1435
be determined as follows:	1436

(a) Except as otherwise provided in division (C)(2)(b) of	1437
this section, illegal dispensing of drug samples is a felony of	1438
the fifth degree, and, subject to division (E) of this section,	1439
division (C) of section 2929.13 of the Revised Code applies in	1440
determining whether to impose a prison term on the offender.	1441

(b) If the offense was committed in the vicinity of a school	1442
or in the vicinity of a juvenile, illegal dispensing of drug	1443
samples is a felony of the fourth degree, and, subject to division	1444
(E) of this section, division (C) of section 2929.13 of the	1445
Revised Code applies in determining whether to impose a prison	1446
term on the offender.	1447

(3) If the drug involved in the offense is a dangerous drug	1448
or a compound, mixture, preparation, or substance included in	1449
schedule III, IV, or V, or is marihuana, the penalty for the	1450
offense shall be determined as follows:	1451

(a) Except as otherwise provided in division (C)(3)(b) of	1452
this section, illegal dispensing of drug samples is a misdemeanor	1453
of the second degree.	1454

(b) If the offense was committed in the vicinity of a school	1455
or in the vicinity of a juvenile, illegal dispensing of drug	1456
samples is a misdemeanor of the first degree.	1457

(D) In addition to any prison term authorized or required by	1458
division (C) or (E) of this section and sections 2929.13 and	1459
2929.14 of the Revised Code and in addition to any other sanction	1460
imposed for the offense under this section or sections 2929.11 to	1461
2929.18 of the Revised Code, the court that sentences an offender	1462
who is convicted of or pleads guilty to a violation of division	1463
(A) of this section shall do both of the following:	1464

(1) The court shall suspend for not less than six months or	1465
more than five years the offender's driver's or commercial	1466
driver's license or permit.	1467

(2) If the offender is a professionally licensed person, in	1468
addition to any other sanction imposed for a violation of this	1469
section, the court immediately shall comply with section 2925.38	1470
of the Revised Code.	1471

(E) Notwithstanding the prison term authorized or required by	1472
division (C) of this section and sections 2929.13 and 2929.14 of	1473
the Revised Code, if the violation of division (A) of this section	1474
involves the sale, offer to sell, or possession of a schedule I or	1475
II controlled substance, with the exception of marihuana, and if	1476
the court imposing sentence upon the offender finds that the	1477
offender as a result of the violation is a major drug offender and	1478
is guilty of a specification of the type described in section	1479
2941.1410 of the Revised Code, the court, in lieu of the prison	1480
term otherwise authorized or required, shall impose upon the	1481
offender the mandatory prison term specified in division (D)(3)(a)	1482
of section 2929.14 of the Revised Code and may impose an	1483
additional prison term under division (D)(3)(b) of that section.	1484

(F) Notwithstanding any contrary provision of section 3719.21	1485
of the Revised Code, the clerk of the court shall pay a fine	1486
imposed for a violation of this section pursuant to division (A)	1487
of section 2929.18 of the Revised Code in accordance with and	1488
subject to the requirements of division (F) of section 2925.03 of	1489
the Revised Code. The agency that receives the fine shall use the	1490
fine as specified in division (F) of section 2925.03 of the	1491
Revised Code.	1492

Sec. 3719.06.  (A)(1) A licensed health professional	1493
authorized to prescribe drugs, if acting in the course of	1494
professional practice, in accordance with the laws regulating the	1495
professional's practice, and in accordance with rules adopted by	1496
the state board of pharmacy, may, except as provided in division	1497
(A)(2) or, (3), or (4) of this section, do the following:	1498

(a) Prescribe schedule II, III, IV, and V controlled	1499
substances;	1500

(b) Administer or personally furnish to patients schedule II,	1501
III, IV, and V controlled substances;	1502

(c) Cause schedule II, III, IV, and V controlled substances	1503
to be administered under the prescriber's direction and	1504
supervision.	1505

(2) A licensed health professional authorized to prescribe	1506
drugs who is a clinical nurse specialist, certified nurse-midwife,	1507
or certified nurse practitioner is subject to both of the	1508
following:	1509

(a) A schedule II controlled substance may be prescribed only	1510
for a patient with a terminal condition, as defined in section	1511
2133.01 of the Revised Code, only if the nurse's collaborating	1512
physician initially prescribed the substance for the patient, and	1513
only in an amount that does not exceed the amount necessary for	1514
the patient's use in a single, twenty-four-hour period.	1515

(b) No schedule II controlled substance shall be personally	1516
furnished to any patient.	1517

(3) A licensed health professional authorized to prescribe	1518
drugs who is a physician assistant shall not prescribe or	1519
personally furnish to patients any controlled substance that is	1520
not included in the physician-delegated prescriptive authority	1521
granted to the physician assistant in accordance with Chapter	1522
4730. of the Revised Code.	1523

(4) A licensed health professional authorized to prescribe	1524
drugs who is a licensed psychologist shall not prescribe,	1525
administer, cause to be administered, or personally furnish any	1526
controlled substance other than pursuant to the prescriptive	1527
authority granted to the psychologist by the certificate to	1528
prescribe psychotropic drugs issued under section 4732.29 of the	1529
Revised Code.	1530

(B) No licensed health professional authorized to prescribe	1531
drugs shall prescribe, administer, or personally furnish a	1532
schedule III anabolic steroid for the purpose of human muscle	1533
building or enhancing human athletic performance and no pharmacist	1534
shall dispense a schedule III anabolic steroid for either purpose,	1535
unless it has been approved for that purpose under the "Federal	1536
Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.	1537
301, as amended.	1538

(C) Each written prescription shall be properly executed,	1539
dated, and signed by the prescriber on the day when issued and	1540
shall bear the full name and address of the person for whom, or	1541
the owner of the animal for which, the controlled substance is	1542
prescribed and the full name, address, and registry number under	1543
the federal drug abuse control laws of the prescriber. If the	1544
prescription is for an animal, it shall state the species of the	1545
animal for which the controlled substance is prescribed.	1546

Sec. 3719.81.  (A) As used in this section, "sample drug" has	1547
the same meaning as in section 2925.01 of the Revised Code.	1548

(B) A person may furnish another a sample drug, if all of the	1549
following apply:	1550

(1) The sample drug is furnished free of charge by a	1551
manufacturer, manufacturer's representative, or wholesale dealer	1552
in pharmaceuticals to a licensed health professional authorized to	1553
prescribe drugs, or is furnished free of charge by such a	1554
professional to a patient for use as medication;	1555

(2) The sample drug is in the original container in which it	1556
was placed by the manufacturer, and the container is plainly	1557
marked as a sample;	1558

(3) Prior to its being furnished, the sample drug has been	1559
stored under the proper conditions to prevent its deterioration or	1560
contamination;	1561

(4) If the sample drug is of a type which deteriorates with	1562
time, the sample container is plainly marked with the date beyond	1563
which the sample drug is unsafe to use, and the date has not	1564
expired on the sample furnished. Compliance with the labeling	1565
requirements of the "Federal Food, Drug, and Cosmetic Act," 52	1566
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, shall be deemed	1567
compliance with this section.	1568

(5) The sample drug is distributed, stored, or discarded in	1569
such a way that the sample drug may not be acquired or used by any	1570
unauthorized person, or by any person, including a child, for whom	1571
it may present a health or safety hazard.	1572

(C) Division (B) of this section does not do any of the	1573
following:	1574

(1) Apply to or restrict the furnishing of any sample of a	1575
nonnarcotic substance if the substance may, under the "Federal	1576
Food, Drug, and Cosmetic Act" and under the laws of this state,	1577
otherwise be lawfully sold over the counter without a	1578
prescription;	1579

(2) Authorize a licensed health professional authorized to	1580
prescribe drugs who is a clinical nurse specialist, certified	1581
nurse-midwife, certified nurse practitioner, optometrist, or	1582
physician assistant, or licensed psychologist to furnish a sample	1583
drug that is not a drug the professional is authorized to	1584
prescribe.	1585

(3) Prohibit a licensed health professional authorized to	1586
prescribe drugs, manufacturer of dangerous drugs, wholesale	1587
distributor of dangerous drugs, or representative of a	1588
manufacturer of dangerous drugs from furnishing a sample drug to a	1589
charitable pharmacy in accordance with section 3719.811 of the	1590
Revised Code.	1591

(4) Prohibit a pharmacist working, whether or not for	1592
compensation, in a charitable pharmacy from dispensing a sample	1593
drug to a person in accordance with section 3719.811 of the	1594
Revised Code.	1595

(D) The state board of pharmacy shall, in accordance with	1596
Chapter 119. of the Revised Code, adopt rules as necessary to give	1597
effect to this section.	1598

Sec. 4729.01. As used in this chapter:

1599

(A) "Pharmacy," except when used in a context that refers to	1600
the practice of pharmacy, means any area, room, rooms, place of	1601
business, department, or portion of any of the foregoing where the	1602
practice of pharmacy is conducted.	1603

(B) "Practice of pharmacy" means providing pharmacist care	1604
requiring specialized knowledge, judgment, and skill derived from	1605
the principles of biological, chemical, behavioral, social,	1606
pharmaceutical, and clinical sciences. As used in this division,	1607
"pharmacist care" includes the following:	1608

(1) Interpreting prescriptions;

1609

(2) Dispensing drugs and drug therapy related devices;

1610

(3) Compounding drugs;

1611

(4) Counseling individuals with regard to their drug therapy,	1612
recommending drug therapy related devices, and assisting in the	1613
selection of drugs and appliances for treatment of common diseases	1614
and injuries and providing instruction in the proper use of the	1615
drugs and appliances;	1616

(5) Performing drug regimen reviews with individuals by	1617
discussing all of the drugs that the individual is taking and	1618
explaining the interactions of the drugs;	1619

(6) Performing drug utilization reviews with licensed health	1620
professionals authorized to prescribe drugs when the pharmacist	1621
determines that an individual with a prescription has a drug	1622
regimen that warrants additional discussion with the prescriber;	1623

(7) Advising an individual and the health care professionals	1624
treating an individual with regard to the individual's drug	1625
therapy;	1626

(8) Acting pursuant to a consult agreement with a physician	1627
authorized under Chapter 4731. of the Revised Code to practice	1628
medicine and surgery or osteopathic medicine and surgery, if an	1629
agreement has been established with the physician;	1630

(9) Engaging in the administration of immunizations to the	1631
extent authorized by section 4729.41 of the Revised Code.	1632

(C) "Compounding" means the preparation, mixing, assembling,	1633
packaging, and labeling of one or more drugs in any of the	1634
following circumstances:	1635

(1) Pursuant to a prescription issued by a licensed health	1636
professional authorized to prescribe drugs;	1637

(2) Pursuant to the modification of a prescription made in	1638
accordance with a consult agreement;	1639

(3) As an incident to research, teaching activities, or	1640
chemical analysis;	1641

(4) In anticipation of orders for drugs pursuant to	1642
prescriptions, based on routine, regularly observed dispensing	1643
patterns;	1644

(5) Pursuant to a request made by a licensed health	1645
professional authorized to prescribe drugs for a drug that is to	1646
be used by the professional for the purpose of direct	1647
administration to patients in the course of the professional's	1648
practice, if all of the following apply:	1649

(a) At the time the request is made, the drug is not	1650
commercially available regardless of the reason that the drug is	1651
not available, including the absence of a manufacturer for the	1652
drug or the lack of a readily available supply of the drug from a	1653
manufacturer.	1654

(b) A limited quantity of the drug is compounded and provided	1655
to the professional.	1656

(c) The drug is compounded and provided to the professional	1657
as an occasional exception to the normal practice of dispensing	1658
drugs pursuant to patient-specific prescriptions.	1659

(D) "Consult agreement" means an agreement to manage an	1660
individual's drug therapy that has been entered into by a	1661
pharmacist and a physician authorized under Chapter 4731. of the	1662
Revised Code to practice medicine and surgery or osteopathic	1663
medicine and surgery.	1664

(E) "Drug" means:

1665

(1) Any article recognized in the United States pharmacopoeia	1666
and national formulary, or any supplement to them, intended for	1667
use in the diagnosis, cure, mitigation, treatment, or prevention	1668
of disease in humans or animals;	1669

(2) Any other article intended for use in the diagnosis,	1670
cure, mitigation, treatment, or prevention of disease in humans or	1671
animals;	1672

(3) Any article, other than food, intended to affect the	1673
structure or any function of the body of humans or animals;	1674

(4) Any article intended for use as a component of any	1675
article specified in division (E)(1), (2), or (3) of this section;	1676
but does not include devices or their components, parts, or	1677
accessories.	1678

(F) "Dangerous drug" means any of the following:

1679

(1) Any drug to which either of the following applies:

1680

(a) Under the "Federal Food, Drug, and Cosmetic Act," 52	1681
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is	1682
required to bear a label containing the legend "Caution: Federal	1683
law prohibits dispensing without prescription" or "Caution:	1684
Federal law restricts this drug to use by or on the order of a	1685
licensed veterinarian" or any similar restrictive statement, or	1686
the drug may be dispensed only upon a prescription;	1687

(b) Under Chapter 3715. or 3719. of the Revised Code, the	1688
drug may be dispensed only upon a prescription.	1689

(2) Any drug that contains a schedule V controlled substance	1690
and that is exempt from Chapter 3719. of the Revised Code or to	1691
which that chapter does not apply;	1692

(3) Any drug intended for administration by injection into	1693
the human body other than through a natural orifice of the human	1694
body.	1695

(G) "Federal drug abuse control laws" has the same meaning as	1696
in section 3719.01 of the Revised Code.	1697

(H) "Prescription" means a written, electronic, or oral order	1698
for drugs or combinations or mixtures of drugs to be used by a	1699
particular individual or for treating a particular animal, issued	1700
by a licensed health professional authorized to prescribe drugs.	1701

(I) "Licensed health professional authorized to prescribe	1702
drugs" or "prescriber" means an individual who is authorized by	1703
law to prescribe drugs or dangerous drugs or drug therapy related	1704
devices in the course of the individual's professional practice,	1705
including only the following:	1706

(1) A dentist licensed under Chapter 4715. of the Revised	1707
Code;	1708

(2) A clinical nurse specialist, certified nurse-midwife, or	1709
certified nurse practitioner who holds a certificate to prescribe	1710
issued under section 4723.48 of the Revised Code;	1711

(3) An optometrist licensed under Chapter 4725. of the	1712
Revised Code to practice optometry under a therapeutic	1713
pharmaceutical agents certificate;	1714

(4) A physician authorized under Chapter 4731. of the Revised	1715
Code to practice medicine and surgery, osteopathic medicine and	1716
surgery, or podiatry;	1717

(5) A physician assistant who holds a certificate to	1718
prescribe issued under Chapter 4730. of the Revised Code;	1719

(6) A veterinarian licensed under Chapter 4741. of the	1720
Revised Code;	1721

(7) A licensed psychologist who holds a certificate to	1722
prescribe psychotropic drugs issued under section 4732.29 of the	1723
Revised Code.	1724

(J) "Sale" and "sell" include delivery, transfer, barter,	1725
exchange, or gift, or offer therefor, and each such transaction	1726
made by any person, whether as principal proprietor, agent, or	1727
employee.	1728

(K) "Wholesale sale" and "sale at wholesale" mean any sale in	1729
which the purpose of the purchaser is to resell the article	1730
purchased or received by the purchaser.	1731

(L) "Retail sale" and "sale at retail" mean any sale other	1732
than a wholesale sale or sale at wholesale.	1733

(M) "Retail seller" means any person that sells any dangerous	1734
drug to consumers without assuming control over and responsibility	1735
for its administration. Mere advice or instructions regarding	1736
administration do not constitute control or establish	1737
responsibility.	1738

(N) "Price information" means the price charged for a	1739
prescription for a particular drug product and, in an easily	1740
understandable manner, all of the following:	1741

(1) The proprietary name of the drug product;

1742

(2) The established (generic) name of the drug product;

1743

(3) The strength of the drug product if the product contains	1744
a single active ingredient or if the drug product contains more	1745
than one active ingredient and a relevant strength can be	1746
associated with the product without indicating each active	1747
ingredient. The established name and quantity of each active	1748
ingredient are required if such a relevant strength cannot be so	1749
associated with a drug product containing more than one	1750
ingredient.	1751

(4) The dosage form;

1752

(5) The price charged for a specific quantity of the drug	1753
product. The stated price shall include all charges to the	1754
consumer, including, but not limited to, the cost of the drug	1755
product, professional fees, handling fees, if any, and a statement	1756
identifying professional services routinely furnished by the	1757
pharmacy. Any mailing fees and delivery fees may be stated	1758
separately without repetition. The information shall not be false	1759
or misleading.	1760

(O) "Wholesale distributor of dangerous drugs" means a person	1761
engaged in the sale of dangerous drugs at wholesale and includes	1762
any agent or employee of such a person authorized by the person to	1763
engage in the sale of dangerous drugs at wholesale.	1764

(P) "Manufacturer of dangerous drugs" means a person, other	1765
than a pharmacist, who manufactures dangerous drugs and who is	1766
engaged in the sale of those dangerous drugs within this state.	1767

(Q) "Terminal distributor of dangerous drugs" means a person	1768
who is engaged in the sale of dangerous drugs at retail, or any	1769
person, other than a wholesale distributor or a pharmacist, who	1770
has possession, custody, or control of dangerous drugs for any	1771
purpose other than for that person's own use and consumption, and	1772
includes pharmacies, hospitals, nursing homes, and laboratories	1773
and all other persons who procure dangerous drugs for sale or	1774
other distribution by or under the supervision of a pharmacist or	1775
licensed health professional authorized to prescribe drugs.	1776

(R) "Promote to the public" means disseminating a	1777
representation to the public in any manner or by any means, other	1778
than by labeling, for the purpose of inducing, or that is likely	1779
to induce, directly or indirectly, the purchase of a dangerous	1780
drug at retail.	1781

(S) "Person" includes any individual, partnership,	1782
association, limited liability company, or corporation, the state,	1783
any political subdivision of the state, and any district,	1784
department, or agency of the state or its political subdivisions.	1785

(T) "Finished dosage form" has the same meaning as in section	1786
3715.01 of the Revised Code.	1787

(U) "Generically equivalent drug" has the same meaning as in	1788
section 3715.01 of the Revised Code.	1789

(V) "Animal shelter" means a facility operated by a humane	1790
society or any society organized under Chapter 1717. of the	1791
Revised Code or a dog pound operated pursuant to Chapter 955. of	1792
the Revised Code.	1793

(W) "Food" has the same meaning as in section 3715.01 of the	1794
Revised Code.	1795

Sec. 4729.51.  (A) No person other than a registered	1796
wholesale distributor of dangerous drugs shall possess for sale,	1797
sell, distribute, or deliver, at wholesale, dangerous drugs,	1798
except as follows:	1799

(1) A pharmacist who is a licensed terminal distributor of	1800
dangerous drugs or who is employed by a licensed terminal	1801
distributor of dangerous drugs may make occasional sales of	1802
dangerous drugs at wholesale;	1803

(2) A licensed terminal distributor of dangerous drugs having	1804
more than one establishment or place may transfer or deliver	1805
dangerous drugs from one establishment or place for which a	1806
license has been issued to the terminal distributor to another	1807
establishment or place for which a license has been issued to the	1808
terminal distributor if the license issued for each establishment	1809
or place is in effect at the time of the transfer or delivery.	1810

(B)(1) No registered wholesale distributor of dangerous drugs	1811
shall possess for sale, or sell, at wholesale, dangerous drugs to	1812
any person other than the following:	1813

(a) A licensed health professional authorized to prescribe	1814
drugs;	1815

(b) An optometrist licensed under Chapter 4725. of the	1816
Revised Code who holds a topical ocular pharmaceutical agents	1817
certificate;	1818

(c) A registered wholesale distributor of dangerous drugs;

1819

(d) A manufacturer of dangerous drugs;

1820

(e) A licensed terminal distributor of dangerous drugs,	1821
subject to division (B)(2) of this section;	1822

(f) Carriers or warehousers for the purpose of carriage or	1823
storage;	1824

(g) Terminal or wholesale distributors of dangerous drugs who	1825
are not engaged in the sale of dangerous drugs within this state;	1826

(h) An individual who holds a current license, certificate,	1827
or registration issued under Title 47 of the Revised Code and has	1828
been certified to conduct diabetes education by a national	1829
certifying body specified in rules adopted by the state board of	1830
pharmacy under section 4729.68 of the Revised Code, but only with	1831
respect to insulin that will be used for the purpose of diabetes	1832
education and only if diabetes education is within the	1833
individual's scope of practice under statutes and rules regulating	1834
the individual's profession;	1835

(i) An individual who holds a valid certificate issued by a	1836
nationally recognized S.C.U.B.A. diving certifying organization	1837
approved by the pharmacy board in rule, but only with respect to	1838
medical oxygen that will be used for the purpose of emergency care	1839
or treatment at the scene of a diving emergency;	1840

(j) A business entity that is a corporation formed under	1841
division (B) of section 1701.03 of the Revised Code, a limited	1842
liability company formed under Chapter 1705. of the Revised Code,	1843
or a professional association formed under Chapter 1785. of the	1844
Revised Code if the entity has a sole shareholder who is a	1845
licensed health professional authorized to prescribe drugs and is	1846
authorized to provide the professional services being offered by	1847
the entity;	1848

(k) A business entity that is a corporation formed under	1849
division (B) of section 1701.03 of the Revised Code, a limited	1850
liability company formed under Chapter 1705. of the Revised Code,	1851
a partnership or a limited liability partnership formed under	1852
Chapter 1775. of the Revised Code, or a professional association	1853
formed under Chapter 1785. of the Revised Code, if, to be a	1854
shareholder, member, or partner, an individual is required to be	1855
licensed, certified, or otherwise legally authorized under Title	1856
XLVII of the Revised Code to perform the professional service	1857
provided by the entity and each such individual is a licensed	1858
health professional authorized to prescribe drugs.	1859

(2) No registered wholesale distributor of dangerous drugs	1860
shall possess dangerous drugs for sale at wholesale, or sell such	1861
drugs at wholesale, to a licensed terminal distributor of	1862
dangerous drugs, except to:	1863

(a) A terminal distributor who has a category I license, only	1864
dangerous drugs described in category I, as defined in division	1865
(A)(1) of section 4729.54 of the Revised Code;	1866

(b) A terminal distributor who has a category II license,	1867
only dangerous drugs described in category I and category II, as	1868
defined in divisions (A)(1) and (2) of section 4729.54 of the	1869
Revised Code;	1870

(c) A terminal distributor who has a category III license,	1871
dangerous drugs described in category I, category II, and category	1872
III, as defined in divisions (A)(1), (2), and (3) of section	1873
4729.54 of the Revised Code;	1874

(d) A terminal distributor who has a limited category I, II,	1875
or III license, only the dangerous drugs specified in the	1876
certificate furnished by the terminal distributor in accordance	1877
with section 4729.60 of the Revised Code.	1878

(C)(1) Except as provided in division (C)(4) of this section,	1879
no person shall sell, at retail, dangerous drugs.	1880

(2) Except as provided in division (C)(4) of this section, no	1881
person shall possess for sale, at retail, dangerous drugs.	1882

(3) Except as provided in division (C)(4) of this section, no	1883
person shall possess dangerous drugs.	1884

(4) Divisions (C)(1), (2), and (3) of this section do not	1885
apply to a registered wholesale distributor of dangerous drugs, a	1886
licensed terminal distributor of dangerous drugs, or a person who	1887
possesses, or possesses for sale or sells, at retail, a dangerous	1888
drug in accordance with Chapters 3719., 4715., 4723., 4725.,	1889
4729., 4730., 4731., and 4741. of the Revised Code or section	1890
5120.052 of the Revised Code.	1891

Divisions (C)(1), (2), and (3) of this section do not apply	1892
to an individual who holds a current license, certificate, or	1893
registration issued under Title XLVII of the Revised Code and has	1894
been certified to conduct diabetes education by a national	1895
certifying body specified in rules adopted by the state board of	1896
pharmacy under section 4729.68 of the Revised Code, but only to	1897
the extent that the individual possesses insulin or personally	1898
supplies insulin solely for the purpose of diabetes education and	1899
only if diabetes education is within the individual's scope of	1900
practice under statutes and rules regulating the individual's	1901
profession.	1902

Divisions (C)(1), (2), and (3) of this section do not apply	1903
to an individual who holds a valid certificate issued by a	1904
nationally recognized S.C.U.B.A. diving certifying organization	1905
approved by the pharmacy board in rule, but only to the extent	1906
that the individual possesses medical oxygen or personally	1907
supplies medical oxygen for the purpose of emergency care or	1908
treatment at the scene of a diving emergency.	1909

(D) No licensed terminal distributor of dangerous drugs shall	1910
purchase for the purpose of resale dangerous drugs from any person	1911
other than a registered wholesale distributor of dangerous drugs,	1912
except as follows:	1913

(1) A licensed terminal distributor of dangerous drugs may	1914
make occasional purchases of dangerous drugs for resale from a	1915
pharmacist who is a licensed terminal distributor of dangerous	1916
drugs or who is employed by a licensed terminal distributor of	1917
dangerous drugs;	1918

(2) A licensed terminal distributor of dangerous drugs having	1919
more than one establishment or place may transfer or receive	1920
dangerous drugs from one establishment or place for which a	1921
license has been issued to the terminal distributor to another	1922
establishment or place for which a license has been issued to the	1923
terminal distributor if the license issued for each establishment	1924
or place is in effect at the time of the transfer or receipt.	1925

(E) No licensed terminal distributor of dangerous drugs shall	1926
engage in the sale or other distribution of dangerous drugs at	1927
retail or maintain possession, custody, or control of dangerous	1928
drugs for any purpose other than the distributor's personal use or	1929
consumption, at any establishment or place other than that or	1930
those described in the license issued by the board of pharmacy to	1931
such terminal distributor.	1932

(F) Nothing in this section shall be construed to interfere	1933
with the performance of official duties by any law enforcement	1934
official authorized by municipal, county, state, or federal law to	1935
collect samples of any drug, regardless of its nature or in whose	1936
possession it may be.	1937

Sec. 4732.01.  As used in sections 4732.01 to 4732.25 of the	1938
Revised Codethis chapter:	1939

(A) "Psychologist" means any person who holds self out to the	1940
public by any title or description of services incorporating the	1941
words "psychologic," "psychological," "psychologist,"	1942
"psychology," or any other terms that imply the person is trained,	1943
experienced, or an expert in the field of psychology.	1944

(B) "The practice of psychology" means rendering or offering	1945
to render to individuals, groups, organizations, or the public any	1946
service involving the application of psychological procedures to	1947
assessment, diagnosis, prevention, treatment, or amelioration of	1948
psychological problems or emotional or mental disorders of	1949
individuals or groups; or to the assessment or improvement of	1950
psychological adjustment or functioning of individuals or groups,	1951
whether or not there is a diagnosable pre-existing psychological	1952
problem. Practice of psychology includes the practice of school	1953
psychology. For purposes of this chapter, teaching or research	1954
shall not be regarded as the practice of psychology, even when	1955
dealing with psychological subject matter, provided it does not	1956
otherwise involve the professional practice of psychology in which	1957
patient or client welfare is directly affected.	1958

(C) "Psychological procedures" include but are not restricted	1959
to application of principles, methods, or procedures of	1960
understanding, predicting, or influencing behavior, such as the	1961
principles pertaining to learning, conditioning, perception,	1962
motivation, thinking, emotions, or interpersonal relationships;	1963
the methods or procedures of verbal interaction, interviewing,	1964
counseling, behavior modification, environmental manipulation,	1965
group process, psychological psychotherapy, or hypnosis; and the	1966
methods or procedures of administering or interpreting tests of	1967
mental abilities, aptitudes, interests, attitudes, personality	1968
characteristics, emotions, or motivation.	1969

(D) "School psychologist" means any person who holds self out	1970
to the public by any title or description of services	1971
incorporating the words "school psychologist" or "school	1972
psychology," or who holds self out to be trained, experienced, or	1973
an expert in the practice of school psychology.	1974

(E) "Practice of school psychology" means rendering or	1975
offering to render to individuals, groups, organizations, or the	1976
public any of the following services:	1977

(1) Evaluation, diagnosis, or test interpretation limited to	1978
assessment of intellectual ability, learning patterns,	1979
achievement, motivation, or personality factors directly related	1980
to learning problems in an educational setting;	1981

(2) Counseling services for children or adults for	1982
amelioration or prevention of educationally related learning	1983
problems;	1984

(3) Educational or vocational consultation or direct	1985
educational services. This does not include industrial	1986
consultation or counseling services to clients undergoing	1987
vocational rehabilitation.	1988

(F) "Licensed psychologist" means an individual holding a	1989
current, valid license to practice psychology issued under section	1990
4732.12 or 4732.15 of the Revised Code.	1991

(G) "Licensed school psychologist" means an individual	1992
holding a current, valid license to practice school psychology	1993
issued under section 4732.12 or 4732.15 of the Revised Code.	1994

(H) "Certificated school psychologist" means an individual	1995
holding a current, valid school psychologist certificate issued	1996
under division (M) of section 3319.22 of the Revised Code.	1997

(I) "Mental health professional" and "mental health service"	1998
have the same meanings as in section 2305.51 of the Revised Code.	1999

Sec. 4732.29.  If, under section 5120.052 of the Revised	2000
Code, the director of rehabilitation and correction implements a	2001
program to improve the access of prisoners confined in state	2002
correctional institutions to psychotropic drugs, the state board	2003
of psychology shall issue a certificate to prescribe psychotropic	2004
drugs to a licensed psychologist who meets all of the following	2005
requirements:	2006

(A) Has a doctoral degree in psychology;

2007

(B) Has a postdoctoral master's degree in psychopharmacology	2008
or other degree of that nature acceptable to the board;	2009

(C) Has passed the psychopharmacology examination for	2010
psychologists given by the college of professional psychology of	2011
the APA practice organization, a companion organization to the	2012
American psychological association;	2013

(D) Is employed by the department of rehabilitation and	2014
correction;	2015

(E) Complies with any requirements established by rules	2016
adopted under section 4732.291 of the Revised Code.	2017

Sec. 4732.291.  The state board of psychology shall adopt	2018
rules in accordance with Chapter 119. of the Revised Code	2019
governing the process of issuing a certificate to prescribe	2020
psychotropic drugs to a licensed psychologist under section	2021
4732.29 of the Revised Code. The rules shall establish or specify	2022
all of the following:	2023

(A) Procedures for renewing a certificate to prescribe	2024
psychotropic drugs at times specified in the rules;	2025

(B) Reasons for which the board may revoke, in accordance	2026
with Chapter 119. of the Revised Code, a certificate to prescribe	2027
psychotropic drugs;	2028

(C) Anything else the board considers necessary to implement	2029
sections 4732.29 to 4732.293 of the Revised Code.	2030

Sec. 4732.292.  Not more than six licensed psychologists at	2031
one time may hold certificates to prescribe psychotropic drugs	2032
issued under section 4732.29 of the Revised Code.	2033

Sec. 4732.293.  A certificate to prescribe psychotropic drugs	2034
issued under section 4732.29 of the Revised Code authorizes a	2035
licensed psychologist holding the certificate only to prescribe,	2036
as part of the program established under section 5120.052 of the	2037
Revised Code, a psychotropic drug to a prisoner who is confined in	2038
a state correctional institution and diagnosed with a condition	2039
for which the psychotropic drug is appropriate.	2040

Sec. 5120.052.  (A) As used in this section and section	2041
5120.053 of the Revised Code:	2042

"Certificate to prescribe psychotropic drugs" means a	2043
certificate the state board of psychology issues to a licensed	2044
psychologist under section 4732.29 of the Revised Code.	2045

"Licensed health professional authorized to prescribe drugs"	2046
has the same meaning as in section 4729.01 of the Revised Code.	2047

"Licensed psychologist" has the same meaning as in section	2048
4732.01 of the Revised Code.	2049

"Physician" means an individual who is authorized under	2050
Chapter 4731. of the Revised Code to practice medicine and surgery	2051
or osteopathic medicine and surgery. "Physician" includes a	2052
psychiatrist.	2053

"Psychiatrist" means a physician who has satisfactorily	2054
completed a residency training program in psychiatry, as approved	2055
by the residency review committee of the American medical	2056
association, the committee on postgraduate education of the	2057
American osteopathic association, or the American osteopathic	2058
board of neurology and psychiatry, or who on July 1, 1989, has	2059
been recognized as a psychiatrist by the Ohio state medical	2060
association or the Ohio osteopathic association on the basis of	2061
formal training and five or more years of medical practice limited	2062
to psychiatry.	2063

(B) The director of rehabilitation and correction may	2064
implement a program to improve the access of prisoners confined in	2065
state correctional institutions to psychotropic drugs. If	2066
implemented, the program shall provide for any of the following,	2067
while employed by the department of rehabilitation and correction,	2068
to prescribe a psychotropic drug to a prisoner confined in a state	2069
correctional institution who has been diagnosed with a condition	2070
for which the drug is appropriate:	2071

(1) A physician;

2072

(2) Subject to division (C)(1) of this section, a physician	2073
assistant who holds a certificate to prescribe issued under	2074
Chapter 4730. of the Revised Code and has been granted	2075
physician-delegated prescriptive authority by a supervisory	2076
physician;	2077

(3) Subject to division (C)(1) of this section, a clinical	2078
nurse specialist or certified nurse practitioner who holds a	2079
certificate to prescribe issued under section 4723.48 of the	2080
Revised Code;	2081

(4) A licensed psychologist who holds a certificate to	2082
prescribe psychotropic drugs.	2083

(C) This section does not do either of the following:

2084

(1) Authorize a person who is a physician assistant, clinical	2085
nurse specialist, or certified nurse practitioner to prescribe a	2086
psychotropic drug that is not a drug the person is authorized to	2087
prescribe;	2088

(2) Require that a licensed health professional authorized to	2089
prescribe drugs, other than a licensed psychologist holding a	2090
certificate to prescribe psychotropic drugs, prescribe drugs for a	2091
prisoner confined in a state correctional institution only as part	2092
of the program implemented under this section.	2093

Sec. 5120.053.  The director of rehabilitation and correction	2094
may implement a program under which medical and behavioral health	2095
care professionals provide through telecommunication methods, to	2096
the extent consistent with the professionals' scope of practice,	2097
case consultation services, treatment services, or both for	2098
prisoners confined in state correctional institutions. A medical	2099
or behavioral health care professional may not provide a service	2100
for a prisoner as part of the telecommunication program until a	2101
physician, physician assistant, clinical nurse specialist,	2102
certified nurse practitioner, or licensed psychologist has met	2103
personally with the prisoner at least once.	2104

The director may specify which types of medical and	2105
behavioral health care professionals may participate in the	2106
telecommunication program.	2107

This section does not authorize any person to engage in the	2108
practice of telemedicine, as defined in section 4731.296 of the	2109
Revised Code, without holding a telemedicine certificate issued	2110
under that section.	2111

Section 2.  That existing sections 2925.02, 2925.03, 2925.11,	2112
2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4729.01,	2113
4729.51, and 4732.01 of the Revised Code are hereby repealed.	2114