CROSS REFERENCES
See sectional histories for similar State law.
Federal prosecution bar to local prosecution, RC 2925.50, 3719.19
Analysis report and notarized statement as evidence, RC 2925.51
Criteria for granting probation, RC 3719.70
Taking drug of abuse into hospital, CO 617.10
Using weapons while under the influence, CO 627.03
Adulterating food with drug of abuse, CO 629.03
As used in this chapter, certain terms are defined as follows:
(a) "Administer" means the direct application of a drug, whether by injection, inhalation, ingestion, or any other means to a person or an animal.
(b) "Controlled substance" means a drug, compound, mixture, preparation, or substance included in Schedule I, II, III, IV, or V.
(c) "Dispense" means sell, leave with, give away, dispose of, or deliver.
(d) "Distribute" means to deal in, ship, transport, or deliver but does not include administering or dispensing a drug.
(e) "Hypodermic" means a hypodermic syringe or needle, or other instrument or device for the subcutaneous injection of medication.
(f) "Manufacturer" means a person who plants, cultivates, harvests, processes, makes, prepares, or otherwise engages in any part of the production of a controlled substance by propagation, compounding, conversion, or processing, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container and other activities incident to production, except that this term does not include a pharmacist who prepares, compounds, packages, or labels a controlled substance as an incident to dispensing a controlled substance in accordance with a prescription and in the usual course of professional practice.
(g) "Marihuana" means all parts of any plant of the genus cannabis, whether growing or not, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
(h) "Noxious additive" means any element or compound designated by the State Board of Pharmacy for use as a safe and effective ingredient in any product containing the ingredient toluene, the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, that will discourage the intentional smelling or inhaling of the fumes of such product. A noxious additive shall not be added to such a product if such addition would make the product unsuitable for its intended use or adversely affect the performance of the product. The addition of a noxious additive to such a product is not required if the Board determines that the normal chemical composition of the product creates a level of noxiousness that is sufficient to discourage the intentional smelling or inhaling of the product's fumes.
(i) "Official written order" means an order written on a form provided for that purpose by the Director of the United States Drug Enforcement Administration, under any laws of the United States making provision therefor, if such order forms are authorized and required by Federal law.
(j) "Pharmacist" means a person registered with the State Board of Pharmacy as a compounder and dispenser of drugs.
(k) "Pharmacy" means any area, room, rooms, place of business, department, or portion of any of the foregoing, where prescriptions are filled or where drugs, dangerous drugs, or poisons are compounded, sold, offered, or displayed for sale, dispensed, or distributed to the public.
(l) "Practitioner" means the following:
(1) A person who is licensed pursuant to Chapter 4715, 4731 or 4741 of the Revised Code and authorized by law to write prescriptions for drugs or dangerous drugs;
(2) An advanced practice nurse authorized under Section 4723.56 of the Revised Code to prescribe drugs and therapeutic devices.
(m) "Prescription" means a written or oral order for a controlled substance for the use of a particular person or a particular animal given by a practitioner in the course of professional practice and in accordance with the regulations promulgated by the Director of the United States Drug Enforcement Administration, pursuant to the Federal drug abuse control law.
(n) "Sale" includes delivery, barter, exchange, transfer, or gift, or offer thereof, and each such transaction made by any person whether, as principal, proprietor, agent, servant, or employee.
(o) "Schedule I", "Schedule II", "Schedule III", "Schedule IV" and "Schedule V" mean controlled substance Schedules I, II, III, IV, and V respectively, established pursuant to Section 3719.41 of the Revised Code, as amended pursuant to Sections 3719.43 or 3719.44 of the Revised Code.
(p) "Wholesaler" means a person who, on official written orders other than prescriptions, supplies controlled substances that he himself has not manufactured, produced, or prepared and includes "wholesale distributor of dangerous drugs" as this term is defined in Section 4729.02 of the Revised Code. (RC 3719.01)
(q) "Drug of abuse" means any controlled substance as defined in division (b) of this section, any harmful intoxicant as defined in division (x) of this section and any dangerous drug as defined in division (r) of this section. (RC 3719.011)
(r) "Dangerous drug" means any of the following:
(1) Any drug which, under the "Federal Food, Drug and Cosmetic Act", Federal narcotic law, Section 3715.01 to 3715.22 of the Revised Code or Chapter 3719 of the Revised Code, may be dispensed only upon a prescription;
(2) Any drug which contains a Schedule V controlled substance and which is exempt from Chapter 3719 of the Revised Code or to which such chapter does not apply;
(3) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body. (RC 4729.02)
(s) "Bulk amount" of a controlled substance has the same meaning as in Section 2925.01 of the Revised Code, as that section may be amended.
(t) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing a controlled substance, such amount or unit being separately identifiable and in such form as to indicate that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
(u) "Cultivate" includes planting, watering, fertilizing, or tilling.
(v) "Drug abuse offense" means any of the following:
(1) A violation of Sections 607.02 to 607.08, 607.12 or 607.14 of this chapter or Sections 2925.02, 2925.03, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the Revised Code.
(2) A violation of an existing or former law of this or any other state or of the United States that is substantially equivalent to any section listed in division (v)(1) of this section.
(3) An offense under an existing or former law of this or any other state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using, or otherwise dealing with a controlled substance is an element.
(4) A conspiracy or attempt to commit, or complicity in committing or attempting to commit, any offense under division (v)(1), (2), or (3) of this section.
(w) "Felony drug abuse offense" means any drug abuse offense that would constitute a felony under the laws of this State, except a violation of Section 2925.11 of the Revised Code.
(x) "Harmful intoxicant" does not include beer or intoxicating liquor, but means any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes, but is not limited to, any of the following:
(1) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, and any other preparation containing a volatile organic solvent;
(2) Any aerosol propellant;
(3) Any fluorocarbon refrigerant;
(4) Any anesthetic gas.
(y) "Manufacture" means to plant, cultivate, harvest, process, make, prepare, or otherwise engage in any part of the production of a drug, by propagation, extraction, chemical synthesis, or compounding, or any combination of the same, and includes packaging, repackaging, labeling, and other activities incident to production.
(z) "Possess" or "possession" means having control over a thing or substance but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.
(aa) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a practitioner, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(bb) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of any of the following reference works:
(1) "The National Formulary";
(2) "The United States Pharmacopeia", prepared by authority of the United States Pharmacopeial Convention, Inc.;
(3) Other standard references that are approved by the State Board of Pharmacy.
(cc) "Juvenile" means a person under eighteen years of age.
(RC 2925.01; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana.
(b) Whoever violates this section is guilty of trafficking in marihuana, a minor misdemeanor for the first offense and a misdemeanor of the third degree for any subsequent offense. If, the offense was committed in the vicinity of a school or in the vicinity of a juvenile, the violation is a misdemeanor of the third degree.
(RC 2925.03; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person shall knowingly obtain, possess, or use a controlled substance.
(b) This section does not apply to the following:
(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any person who is conducting or participating in a research project involving the use of an anabolic steroid if the project has been approved by the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes, dispenses, or administers for livestock or other nonhuman species an anabolic steroid that is expressly intended for administration through implants to livestock or other nonhuman species and approved for that purpose under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold, offered for sale, prescribed, dispensed, or administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs.
(c) Whoever violates this section is guilty of drug abuse, and shall be sentenced as follows:
(1) If the drug involved is a compound, mixture, preparation or substance included in Schedule III, IV or V, and the amount of drug involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree, and if the offender has previously been convicted of a drug abuse offense, drug abuse is a misdemeanor of the second degree;
(2) If the drug involved is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, and the amount is less than 200 grams drug abuse is a misdemeanor of the first degree, unless the amount of marihuana involved is less than 100 grams, in which case drug abuse is a minor misdemeanor;
(3) If the drug involved is an anabolic steroid included in Schedule III, and the amount involved is less than the bulk amount, drug abuse is a misdemeanor of the third degree and, in lieu of sentencing an offender to a definite or indefinite term of imprisonment in a detention facility, the court may place the offender on conditional probation pursuant to division (F) of Section 2951.02 of the Revised Code, unless the offender previously has been convicted of a drug abuse offense, in which case drug abuse is a misdemeanor of the second degree.
(d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license or other right or privilege, or made in connection with the person's appearance as a witness.
(RC 2925.11; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person shall knowingly make, obtain, possess, or use any instrument, article, or thing whose customary and primary purpose is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use.
(b) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741 or RC 4723.56.
(c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender has previously been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree.
(RC 2925.12; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person who is the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicle as defined in division (A) of RC 4501.01, shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.
(b) No person who is the owner, lessee, or occupant, or who has custody, control, or supervision, of premises or real estate, including vacant land, shall knowingly permit premises or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person. (RC 2925.13)
(c) No person, being the owner, lessee, occupant, or having custody, control, or supervision of premises, or real estate, including vacant land, shall recklessly permit the premises to be used for the commission of a drug trafficking offense under any provision of this chapter or RC Chapter 2925 or 3719 after the receipt of written notice from a law enforcement officer that a drug trafficking offense under any provision of this chapter or RC Chapter 2925 or 3719 has previously occurred on the premises, or real estate. In multiple unit dwellings, including hotels or motels, the notice provided for in this division shall state the names of the parties and the specific unit involved.
The notice required by this division shall be delivered by certified mail, restricted delivery and return receipt requested, or, if the certified mailing fails to result in delivery of the notice, by personal service. The notice required by this division shall identify the sender, identify the nature of the drug activity occurring on the premises and bear the date of such notice.
It shall be prima facie evidence that the owner or lessor did not recklessly permit the premises to be used for the commission of a drug trafficking offense on the premises if:
(1) The owner or lessor has begun the process of evicting the person or persons committing the drug offense, including sending a notice of eviction; or
(2) The owner or lessor has identified for the police in writing and in a timely manner after receipt of the notice required by this division of the steps that the owner or lessor has commenced to prevent the commission of additional drug trafficking offenses on the premises.
This division (c) shall not apply to any owner or lessor who has filed an action for forcible entry and detainer to remove a lessee or occupant from the premises.
(d) Premises or real estate, including vacant land, used in violation of division (b) or (c) of this section and where a felony violation of RC Chapter 2925 or 3719 occurs constitute a nuisance subject to abatement pursuant to RC Chapter 3767.
(e) Vehicles used in violation of division (a) hereof shall be seized and forfeited to the City, upon motion to the Common Pleas Court. Forfeiture shall not apply to common carriers or innocent owners, nor shall they affect the rights of a holder of a valid lien.
(f) Whoever violates divisions (a) or (b) of this section is guilty of permitting drug abuse, a misdemeanor of the first degree, if the offender has not previously been convicted of a drug abuse offense. Notwithstanding any other section of this Code, at least thirty (30) days imprisonment is mandatory upon conviction of an offense under this division.
(g) Whoever violates division (c) of this section is guilty of recklessly permitting drug abuse, a misdemeanor of the third degree. Notwithstanding any other section of this Code, at least ten (10) days imprisonment is mandatory upon conviction of a second offense under this division and at least thirty (30) days imprisonment is mandatory upon conviction of a third or subsequent offense under this division.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
Note: Former section 607.06 was repealed by Ord. No. 834-03, passed 6-10-03, eff. 6-12-03.
(a) Except for lawful research, clinical, medical, dental or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess or use a harmful intoxicant.
(b) Whoever has not previously been convicted of a drug abuse offense and who violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree.
(c) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender's driver's or commercial driver's license or permit. If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Section 2925.38 of the Revised Code.
(RC 2925.31; Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) Except for lawful research, clinical, medical, dental, veterinary, industrial or manufacturing purposes, no person, with intent to induce intoxication or similar physiological effects, shall obtain, possess or use toluene, also known as tuleol, methylbenzene, phenylmethane or methacide.
(b) Except for lawful research, clinical, medical, dental, veterinary, industrial or manufacturing purposes, no person shall possess toluene, also known as tuleol, methylbenzene, phenylmethane or methacide, in a portable container unless the container is constructed of metal, has a tight closure, and is fitted with a spout or so designed that the contents can be poured without spilling.
(c) No person shall possess toluene in any container not clearly marked with the name of the product.
(d) No person shall possess toluene in any container not the original container unless the container is clearly labeled.
(1) Any product containing ten percent (10%) or more by weight of toluene shall be labeled with the signal word "Danger", the statement of hazard "Harmful or fatal if swallowed", and the statement "If swallowed, do not induce vomiting. Call physician immediately."
(2) Any product containing ten percent (10%) or more by weight of toluene shall bear the statement of hazard "Vapor harmful" in addition to the statements prescribed in subsection (d)(1) hereof.
(e) Whoever violates this section is guilty of improperly possessing or using toluene, a misdemeanor of the second degree. If the offender has previously been convicted of a drug abuse offense, improperly possessing or using toluene is a misdemeanor of the first degree, for which at least three days' imprisonment is mandatory.
(Ord. 2440-77. Passed 9-26-77, eff. 9-26-77)
(a) No person shall knowingly furnish another a sample drug.
(b) Subsection (a) hereof does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, dentists, doctors of medicine and surgery, doctors of osteopathic medicine and surgery, doctors of podiatry, veterinarians, and other persons whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741 or to optometrists whose conduct is in accordance with a valid therapeutic pharmaceutical agents certificate issued under RC Chapter 4725.
(c) Whoever violates this section is guilty of illegal dispensing of drug samples if the drug involved is marihuana or a compound, mixture, preparation or substance included in Schedule III, IV or V. For a first offense an offender is guilty of a misdemeanor of the second degree, and if the offender has previously been convicted of a drug abuse offense, illegal dispensing of drug samples is a misdemeanor of the first degree.
(RC 2925.36; Ord. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) No person shall alter, deface or remove any label affixed by a manufacturer, wholesaler, pharmacist or practitioner who dispenses a controlled substance in a package or container, as long as any of the original contents remain, except when lawfully filling a prescription. (RC 3719.08)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section, RC 3719.07 or 3719.08 or a drug abuse offense.
(RC 3719.99(C); Ord. No. 1692-76. Passed 6-29-76, eff. 7-6-76)
(a) No person shall alter, deface or remove any label affixed by a manufacturer, wholesaler, pharmacist or practitioner who dispenses toluene, also known as tuleol, phenylmethane, methylbenzene or methacide, in a package or container, as long as any of the original contents remain.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree, if the offender has not previously been convicted of a violation of this section, RC 3719.07 or 3719.08, or a drug abuse offense.
(Ord. No. 2440-77. Passed 9-26-77, eff. 9-26-77)
(a) Possession of a hypodermic is authorized for:
(1) Any manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, and any authorized agent or employee of such manufacturer, distributor or dealer, in the regular course of business;
(2) Any terminal distributor of dangerous drugs, in the regular course of business;
(3) Any person authorized to administer injections, in the regular course of the person's profession or employment;
(4) Any person, when the hypodermic in his possession was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed by a licensed health professional authorized to prescribe drugs for the treatment of disease;
(5) Any person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes;
(6) Any farmer, for the lawful administration of a drug to an animal;
(7) Any person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes.
(b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) hereof shall negligently fail to take reasonable precautions to prevent any hypodermic in his possession from theft or acquisition by any unauthorized person.
(c) Whoever violates this section is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of a violation of this section, RC 3719.05, 3719.06, 3719.13, 3719.172(B), or 3719.31 or a drug abuse offense, a violation is a misdemeanor of the first degree.
(RC 3719.99(D); Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) No person shall sell, barter or give away any harmful intoxicant, to a person under the age of eighteen years or to a mentally or physically handicapped person under the age of twenty-one years, unless such minor is accompanied by his parent, other adult member of such minor's family, legal guardian or person in loco parentis.
(b) It is an affirmative defense under this section if the actor was actively misled or deceived by the presentation of written or printed information, presented by the minor, relating to the age and identity of such minor.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 1692-76. Passed 6-29-76, eff. 7-6-76)
(a) No person shall knowingly sell, barter or give away any toluene, also known as tuleol, methylbenzene, phenylmethane or methacide, to any person under the age of eighteen years or to a mentally or physically handicapped person under the age of twenty-one years unless such minor is accompanied by his parent, other adult member of such minor's family, legal guardian or person in loco parentis.
(b) It is an affirmative defense under this section if the actor was actively misled or deceived by the presentation of written or printed information, presented by the minor, relating to the age and identity of such minor.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree. At least three days' imprisonment is mandatory under this section.
(d) This section shall not apply to toluene containing a noxious additive designated by the state board of pharmacy pursuant to RC 2925.32.
(Ord. No. 2440-77. Passed 9-26-77, eff. 9-26-77)
(a) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:
(1) The record-keeping requirements established under division (F) of Section 2925.32 of the Revised Code;
(2) The labeling and transaction identification requirements established under division (G) of Section 2925.32 of the Revised Code.
(b) Whoever violates this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.
(RC 2925.32; Ord No. 834-03. Passed 6-10-03, eff. 6-12-03)
(a) As used in this section, "paraphernalia for the use of marihuana" means any instrument, device, article or thing, whether or not of crude or extemporized manufacture or assembly, that is used or intended for use for any of the following:
(1) Preparing marihuana for ingestion, inhalation or other introduction into the human body;
(2) Ingesting, inhaling or otherwise introducing marihuana into the human body;
(3) Enhancing the effect of marihuana upon the human body;
(4) Testing the strength, effectiveness or purity of marihuana.
(b) No person shall knowingly sell or offer to sell paraphernalia for the use of marihuana to any juvenile.
(c) The following are affirmative defenses to a charge under this section:
(1) The defendant is the parent, guardian or custodian of the juvenile involved;
(2) The juvenile involved, at the time the paraphernalia for the use of marihuana was sold or offered for sale to him, was accompanied by his parent, guardian or custodian who, with knowledge that the paraphernalia sold or offered for sale would be used or was intended for use for a purpose set forth in division (a)(1), (2), (3), or (4) of this section, consented to the paraphernalia for the use of marihuana being sold or offered for sale to the juvenile;
(3) The juvenile involved exhibited to the defendant or his agent or employee a draft card, driver's license, birth certificate or other official or apparently official document purporting to show that the juvenile was eighteen years of age or older, and the person to whom the document was exhibited did not otherwise have reasonable cause to believe that the juvenile was under eighteen years of age.
(d) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731 or 4741.
(e) Whoever violates this section is guilty of selling paraphernalia for the use of marihuana to juveniles, a misdemeanor of the first degree.
(Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
(a) No person shall knowingly possess any counterfeit controlled substance.
(b) As used in this section, "counterfeit controlled substance" means:
(1) Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such trademark, trade name or identifying mark; or
(2) Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it; or
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance; or
(4) Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its markings, labeling, packaging, distribution or the price for which it is sold or offered for sale.
(c) Whoever violates this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.
(d) The provisions of this section shall not apply to a practitioner, pharmacist, pharmacy owner or other person whose conduct is in accordance with RC Chapters 3715, 3719, 4715, 4729, 4731 and 4741. The provisions of this section also shall not apply to a person who has been previously convicted of violation of RC 2925.37.
(RC 2925.37; Ord. No. 1414-86. Passed 11-3-86, eff. 11-5-86)
(a) No manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes, and no agent, employee or representative of a manufacturer, producer, distributor, wholesaler or retailer of cigarettes, other tobacco products, or papers used to roll cigarettes and no other person shall do any of the following:
(1) Give, sell or otherwise distribute cigarettes, other tobacco products, or papers used to roll cigarettes to any person under eighteen years of age;
(2) Give away, sell or distribute cigarettes, other tobacco products, or papers used to roll cigarettes in any place that does not have posted in a conspicuous place a sign stating that giving, selling or otherwise distributing cigarettes, other tobacco products, or papers used to roll cigarettes to a person under eighteen years of age is prohibited by law;
(3) Knowingly furnish any false information regarding the name, age, or other identification of any child with purpose to obtain cigarettes, other tobacco products, or papers used to roll cigarettes for that child;
(4) Manufacture, sell, or distribute in this City any pack or other container of cigarettes containing fewer than twenty cigarettes or any package of roll-your-own tobacco containing less than six-tenths of one ounce of tobacco;
(5) Sell cigarettes in a smaller quantity than that placed in the pack or other container by the manufacturer;
(6) Sell other tobacco products in a smaller quantity than was intended for retail when the project was packaged by the manufacturer.
(b) No person shall sell or offer to sell cigarettes or other tobacco products by or from a vending machine except in the following locations:
(1) An area either:
A. Within a factory, business, office, or other place not open to the general public; or
B. To which persons under the age of eighteen years are not generally permitted access;
(2) In any other place not identified in division B.(1) of this section, upon all of the following conditions:
A. The vending machine is located within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person, so that all cigarettes and other tobacco product purchases from the vending machine will be readily observed by the person who owns or operates the place or an employee of such person. For the purpose of this section, a vending machine located in any unmonitored area, including an unmonitored coatroom, restroom, hallway, or outer waiting area, shall not be considered within the immediate vicinity, plain view, and control of the person who owns or operates the place, or an employee of such person.
B. The vending machine is inaccessible to the public when the place is closed.
(c) As used in this section, “vending machine” has the same meaning as “coin machine” as defined in Section 2913.01 of the Revised Code.
(d) The following are affirmative defenses to a charge under division (a)(1) of this section:
(1) The child was accompanied by a parent, spouse who is eighteen years of age or older, or legal guardian of the child.
(2) The person who gave, sold, or distributed cigarettes, other tobacco products, or papers used to roll cigarettes to a child under division (a)(1) of this section is a parent, spouse who is eighteen years of age or older, or legal guardian of the child.
(e) It is not a violation of division (a)(1) or (2) of this section for a person to give or otherwise distribute to a child cigarettes, other tobacco products, or papers used to roll cigarettes while the child is participating in a research protocol if all of the following apply:
(1) The parent, guardian, or legal custodian of the child has consented in writing to the child participating in the research protocol.
(2) An institutional human subjects protection review board, or equivalent entity, has approved the research protocol.
(3) The child is participating in the research protocol at the facility or location specified in the research protocol.
(f)(1) Whoever violates division (a)(1), (2), (4), or (5) or (c) is guilty of illegal distribution of cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender has previously been convicted of a violation of division (a)(1), (2), (4), or (5) or (b) of this section or divisions (B)(1), (2), (4), or (5) or (C) of Section 2927.02 of the Revised Code, then illegal distribution of cigarettes or other tobacco products is a misdemeanor of the third degree.
(2) Whoever violates division (a)(3) of this section is guilty of permitting children to use cigarettes or other tobacco products, a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of division (a)(3) of this section or division (B)(3) of Section 2927.02 of the Revised Code, permitting children to use cigarettes or other tobacco products is a misdemeanor of the third degree.
(RC 2927.02; Ord. No. 1497-03. Passed 10-13-03, eff. 10-16-03)
(a) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this Chapter. It includes, but is not limited to:
(1) Kits used, intended for use, or designated for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) Diluents and adulterants such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marihuana, cocaine, hashish or hashish oil into the human body, such as:
A. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
B. Water pipes;
C. Carburetion tubes and devices;
D. Smoking and carburetion masks;
E. Roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
F. Miniature cocaine spoons and cocaine vials;
G. Chamber pipes;
H. Carburetor pipes;
I. Electric pipes;
J. Air driver pipes;
K. Chillums;
L. Bongs;
M. Ice pipes or chillers.
(b) In determining whether an object is "Drug paraphernalia", a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any City, State or Federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this Chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Chapter; the innocence of an owner or of anyone in control of the object as to a direct violation of this Chapter shall not prevent a finding that the object is intended for use or designed for use as "Drug paraphernalia";
(7) Instruction, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community;
(13) Expert testimony concerning its use.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Chapter.
(b) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this Chapter.
(c) It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(d) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with RC Chapters 3719, 4715, 4729, 4731 and 4741. This section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by Section 607.10 of the General Offenses Code of the Codified Ordinances.
(e) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality.
(f) If any provision of this section or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(Ord. No. 2797-88. Passed 5-8-89, eff. 5-9-89)
Whoever violates any of the provisions of divisions (a), (b) or (c) of Section 607.17 is guilty of a misdemeanor of the second degree. If the offender has previously been convicted of a violation of divisions (a), (b) or (c) of Section 607.17, any subsequent violation of the same paragraph is a misdemeanor of the first degree.
(Ord. No. 2797-88. Passed 5-8-89, eff. 5-9-89)
(a) Findings. This Council finds that persons selling illegal drugs engage in behavior that is readily recognizable by citizens and law enforcement officers as illegal drug activity that the offenders commonly attempt to frustrate law enforcement efforts by carrying the illegal drugs in their mouths, and swallowing or attempting to swallow the drugs if approached by a law enforcement officer. This Council further finds that the drug-related conduct prohibited by this section constitutes a nuisance, adversely affects the quality of life in the neighborhoods of the City, and threatens the public health, safety and welfare.
(b) Offense. No person shall engage in the following conduct in, on or about any street, in or about any place open to the public, or in or about any public or private place with the specific intent to engage in drug-related activity contrary to any of the provisions of RC Chapters 2925 or 4729 or Chapter 607 of these Codified Ordinances:
(1) to repeatedly stop, beckon to, attempt to stop, or engage passersby in conversation; or
(2) to repeatedly stop, beckon to, or attempt to stop motor vehicles by hailing, waving arms or making other bodily gestures; or
(3) to act as a look-out; or
(4) to transfer small objects or packages for currency or any other thing of value in a furtive fashion which would lead an observer to believe or ascertain that a drug sale has or is about to occur; or
(5) to carry small objects or packages in one's mouth and to transfer such objects or packages to another person for currency or any other thing of value, or to swallow or attempt to swallow the objects or packages if approached by a law enforcement officer.
(c) Prima Facie Case. A prima facie case may be established by a law enforcement officer's observations of the offender's behavior. The seizure or recovery of illegal drugs shall not be a prerequisite to establishing a prima facie case.
(d) Rebuttable Presumption. A person shall be rebuttably presumed to have the specific intent to engage in drug-related activity contrary to any of the provisions of RC Chapters 2925 or 4729 or Chapter 607 of these Codified Ordinances if the person persists in one or more of the behaviors described in division (b) after a law enforcement officer gives the person reasonable warning to desist, and the person:
(1) is a known unlawful drug user, possessor or seller as defined in division (e) of this section; or
(2) displays the physical characteristics of drug intoxication or usage, including dilated pupils, glassy eyes, slurred speech, loss of coordination or motor skills, or needle tracks; or
(3) is identified by a law enforcement officer as a member of a gang or association which has as its principal purpose illegal drug activity.
(e) Definition. For purposes of this section, a "known unlawful drug user, possessor or seller" means a person who, within the knowledge of the arresting officer, either:
(1) has been convicted in any court within this state, within five (5) years prior to the date of arrest, of any violation involving the use, possession or sale of any of the substances referred to in RC Chapters 2925 or 4729 or Chapter 607 of the Codified Ordinances of Cleveland, Ohio, 1976, or any substantially similar laws of any political subdivision of the state; or
(2) has been charged two or more times, within one (1) year prior to the date of arrest, for a violation involving the use, possession or sale of any of the substances referred to in RC Chapters 2925 and 4729 or Chapter 607 of the Codified Ordinances of Cleveland, Ohio, 1976, or any substantially similar laws of any political subdivision of the state.
(f) Severability. If any provision of this section or the application of it to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
(g) Penalty. Whoever violates the provisions of this section is guilty of engaging in prohibited drug-related activity, a misdemeanor of the first degree.
(Ord. No. 1163-95. Passed 6-19-95, eff. 6-28-95)
(a) No person shall solicit another person to sell any controlled substance.
(b) This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with RC Chapters 3719, 4715, 4729, 4731, and 4741 or to any activity prohibited by RC Chapter 2925.
(c) Whoever violates this section is guilty of soliciting drug sales, a misdemeanor of the first degree.
(Ord. No. 774-91. Passed 4-29-91, eff. 5-1-91)