As Passed by the House
133rd General Assembly
Regular Session Am. Sub. S. B. No. 55
2019-2020
Senator Gavarone
Cosponsors: Senators Fedor, O'Brien, Coley, Brenner, Hackett, Hoagland, Huffman, S., McColley, Roegner, Rulli, Schaffer, Schuring, Terhar, Uecker, Wilson Representatives Butler, Cupp, Manning, D., Smith, T., Abrams, Baldridge, Carruthers, Cross, Ghanbari, Holmes, A., Jones, LaRe, Lipps, McClain, Merrin, Plummer, Roemer, Rogers, Seitz, Stein, Wiggam, Wilkin
A BILL
To amend sections 2925.01, 2925.03, 3701.99, 3707.99, and 3709.99 of the Revised Code to enhance penalties for certain drug trafficking offenses committed in the vicinity of a substance addiction services provider, to modify penalties for violations of public health orders related to a pandemic, and to designate certain provisions as the "Relapse Reduction Act."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2925.01, 2925.03, 3701.99, 3707.99, and 3709.99 of the Revised Code be amended to read as follows:
Sec. 2925.01. As used in this chapter:
(A) "Administer," "controlled substance," "controlled substance analog," "dispense," "distribute," "hypodermic," "manufacturer," "official written order," "person," "pharmacist," "pharmacy," "sale," "schedule I," "schedule II," "schedule III," "schedule IV," "schedule V," and "wholesaler" have the same meanings as in section 3719.01 of the Revised Code.
(B) "Drug dependent person" and "drug of abuse" have the same meanings as in section 3719.011 of the Revised Code.
(C) "Drug," "dangerous drug," "licensed health professional authorized to prescribe drugs," and "prescription" have the same meanings as in section 4729.01 of the Revised Code.
(D) "Bulk amount" of a controlled substance means any of the following:
(1) For any compound, mixture, preparation, or substance included in schedule I, schedule II, or schedule III, with the exception of any controlled substance analog, marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, and hashish and except as provided in division (D)(2), (5), or (6) of this section, whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I opiate or opium derivative;
(b) An amount equal to or exceeding ten grams of a compound, mixture, preparation, or substance that is or contains any amount of raw or gum opium;
(c) An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of a schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a schedule I stimulant or depressant;
(d) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II opiate or opium derivative;
(e) An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation, or substance that is or contains any amount of phencyclidine;
(f) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant that is in a final dosage form manufactured by a person authorized by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the federal drug abuse control laws, as defined in section 3719.01 of the Revised Code, that is or contains any amount of a schedule II depressant substance or a schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws.
(2) An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III or IV substance other than an anabolic steroid or a schedule III opiate or opium derivative;
(3) An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty milliliters or two hundred fifty grams of a compound, mixture, preparation, or substance that is or contains any amount of a schedule V substance;
(5) An amount equal to or exceeding two hundred solid dosage units, sixteen grams, or sixteen milliliters of a compound, mixture, preparation, or substance that is or contains any amount of a schedule III anabolic steroid;
(6) For any compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and any other compound, mixture, preparation, or substance included in schedule III, schedule IV, or schedule V, if the defendant is charged with a violation of section 2925.11 of the Revised Code and the sentencing provisions set forth in divisions (C)(10)(b) and (C)(11) of that section will not apply regarding the defendant and the violation, the bulk amount of the controlled substance for purposes of the violation is the amount specified in division (D)(1), (2), (3), (4), or (5) of this section for the other schedule III, IV, or V controlled substance that is combined with the fentanyl-related compound.
(E) "Unit dose" means an amount or unit of a compound, mixture, or preparation containing a controlled substance that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual.
(F) "Cultivate" includes planting, watering, fertilizing, or tilling.
(G) "Drug abuse offense" means any of the following:
(1) A violation of division (A) of section 2913.02 that constitutes theft of drugs, or a violation of section 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.24, 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 (G)(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 to commit, attempt to commit, or complicity in committing or attempting to commit any offense under division (G)(1), (2), or (3) of this section.
(H) "Felony drug abuse offense" means any drug abuse offense that would constitute a felony under the laws of this state, any other state, or the United States.
(I) "Harmful intoxicant" does not include beer or intoxicating liquor but means any of the following:
(1) 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:
(a) Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, or other preparation containing a volatile organic solvent;
(b) Any aerosol propellant;
(c) Any fluorocarbon refrigerant;
(d) Any anesthetic gas.
(2) Gamma Butyrolactone;
(3) 1,4 Butanediol.
(J) "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.
(K) "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.
(L) "Sample drug" means a drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a licensed health professional authorized to prescribe drugs, or a drug of abuse, and that, at one time, had been placed in a container plainly marked as a sample by a manufacturer.
(M) "Standard pharmaceutical reference manual" means the current edition, with cumulative changes if any, of references that are approved by the state board of pharmacy.
(N) "Juvenile" means a person under eighteen years of age.
(O) "Counterfeit controlled substance" means any of the following:
(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 that trademark, trade name, or identifying mark;
(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;
(3) Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance;
(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.
(P) An offense is "committed in the vicinity of a school" if the offender commits the offense on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, regardless of whether the offender knows the offense is being committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises.
(Q) "School" means any school operated by a board of education, any community school established under Chapter 3314. of the Revised Code, or any nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.
(R) "School premises" means either of the following:
(1) The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed;
(2) Any other parcel of real property that is owned or leased by a board of education of a school, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the governing body of a nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code and on which some of the instruction, extracurricular activities, or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed.
(S) "School building" means any building in which any of the instruction, extracurricular activities, or training provided by a school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted in the school building at the time a criminal offense is committed.
(T) "Disciplinary counsel" means the disciplinary counsel appointed by the board of commissioners on grievances and discipline of the supreme court under the Rules for the Government of the Bar of Ohio.
(U) "Certified grievance committee" means a duly constituted and organized committee of the Ohio state bar association or of one or more local bar associations of the state of Ohio that complies with the criteria set forth in Rule V, section 6 of the Rules for the Government of the Bar of Ohio.
(V) "Professional license" means any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate, or temporary registration that is described in divisions (W)(1) to (36) of this section and that qualifies a person as a professionally licensed person.
(W) "Professionally licensed person" means any of the following:
(1) A person who has obtained a license as a manufacturer of controlled substances or a wholesaler of controlled substances under Chapter 3719. of the Revised Code;
(2) A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public accountant under Chapter 4701. of the Revised Code and who holds an Ohio permit issued under that chapter;
(3) A person who holds a certificate of qualification to practice architecture issued or renewed and registered under Chapter 4703. of the Revised Code;
(4) A person who is registered as a landscape architect under Chapter 4703. of the Revised Code or who holds a permit as a landscape architect issued under that chapter;
(5) A person licensed under Chapter 4707. of the Revised Code;
(6) A person who has been issued a certificate of registration as a registered barber under Chapter 4709. of the Revised Code;
(7) A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of Chapter 4710. of the Revised Code;
(8) A person who has been issued a cosmetologist's license, hair designer's license, manicurist's license, esthetician's license, natural hair stylist's license, advanced cosmetologist's license, advanced hair designer's license, advanced manicurist's license, advanced esthetician's license, advanced natural hair stylist's license, cosmetology instructor's license, hair design instructor's license, manicurist instructor's license, esthetics instructor's license, natural hair style instructor's license, independent contractor's license, or tanning facility permit under Chapter 4713. of the Revised Code;
(9) A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious intravenous sedation permit, a limited resident's license, a limited teaching license, a dental hygienist's license, or a dental hygienist's teacher's certificate under Chapter 4715. of the Revised Code;
(10) A person who has been issued an embalmer's license, a funeral director's license, a funeral home license, or a crematory license, or who has been registered for an embalmer's or funeral director's apprenticeship under Chapter 4717. of the Revised Code;
(11) A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under Chapter 4723. of the Revised Code;
(12) A person who has been licensed to practice optometry or to engage in optical dispensing under Chapter 4725. of the Revised Code;
(13) A person licensed to act as a pawnbroker under Chapter 4727. of the Revised Code;
(14) A person licensed to act as a precious metals dealer under Chapter 4728. of the Revised Code;
(15) A person licensed as a pharmacist, a pharmacy intern, a wholesale distributor of dangerous drugs, or a terminal distributor of dangerous drugs under Chapter 4729. of the Revised Code;
(16) A person who is authorized to practice as a physician assistant under Chapter 4730. of the Revised Code;
(17) A person who has been issued a license to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery under Chapter 4731. of the Revised Code or has been issued a certificate to practice a limited branch of medicine under that chapter;
(18) A person licensed as a psychologist or school psychologist under Chapter 4732. of the Revised Code;
(19) A person registered to practice the profession of engineering or surveying under Chapter 4733. of the Revised Code;
(20) A person who has been issued a license to practice chiropractic under Chapter 4734. of the Revised Code;
(21) A person licensed to act as a real estate broker or real estate salesperson under Chapter 4735. of the Revised Code;
(22) A person registered as a registered sanitarian under Chapter 4736. of the Revised Code;
(23) A person licensed to operate or maintain a junkyard under Chapter 4737. of the Revised Code;
(24) A person who has been issued a motor vehicle salvage dealer's license under Chapter 4738. of the Revised Code;
(25) A person who has been licensed to act as a steam engineer under Chapter 4739. of the Revised Code;
(26) A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under Chapter 4741. of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or fitter's license or trainee permit under Chapter 4747. of the Revised Code;
(28) A person who has been issued a class A, class B, or class C license or who has been registered as an investigator or security guard employee under Chapter 4749. of the Revised Code;
(29) A person licensed and registered to practice as a nursing home administrator under Chapter 4751. of the Revised Code;
(30) A person licensed to practice as a speech-language pathologist or audiologist under Chapter 4753. of the Revised Code;
(31) A person issued a license as an occupational therapist or physical therapist under Chapter 4755. of the Revised Code;
(32) A person who is licensed as a licensed professional clinical counselor, licensed professional counselor, social worker, independent social worker, independent marriage and family therapist, or marriage and family therapist, or registered as a social work assistant under Chapter 4757. of the Revised Code;
(33) A person issued a license to practice dietetics under Chapter 4759. of the Revised Code;
(34) A person who has been issued a license or limited permit to practice respiratory therapy under Chapter 4761. of the Revised Code;
(35) A person who has been issued a real estate appraiser certificate under Chapter 4763. of the Revised Code;
(36) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules.
(X) "Cocaine" means any of the following:
(1) A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or derivative, or the base form of cocaine;
(2) Coca leaves or a salt, compound, derivative, or preparation of coca leaves, including ecgonine, a salt, isomer, or derivative of ecgonine, or a salt of an isomer or derivative of ecgonine;
(3) A salt, compound, derivative, or preparation of a substance identified in division (X)(1) or (2) of this section that is chemically equivalent to or identical with any of those substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves if the extractions do not contain cocaine or ecgonine.
(Y) "L.S.D." means lysergic acid diethylamide.
(Z) "Hashish" means the resin or a preparation of the resin contained in marihuana, whether in solid form or in a liquid concentrate, liquid extract, or liquid distillate form.
(AA) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code, except that it does not include hashish.
(BB) An offense is "committed in the vicinity of a juvenile" if the offender commits the offense within one hundred feet of a juvenile or within the view of a juvenile, regardless of whether the offender knows the age of the juvenile, whether the offender knows the offense is being committed within one hundred feet of or within view of the juvenile, or whether the juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that a prison term shall be imposed" means a presumption, as described in division (D) of section 2929.13 of the Revised Code, that a prison term is a necessary sanction for a felony in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in section 2929.01 of the Revised Code.
(EE) "Minor drug possession offense" means either of the following:
(1) A violation of section 2925.11 of the Revised Code as it existed prior to July 1, 1996;
(2) A violation of section 2925.11 of the Revised Code as it exists on and after July 1, 1996, that is a misdemeanor or a felony of the fifth degree.
(FF) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(GG) "Adulterate" means to cause a drug to be adulterated as described in section 3715.63 of the Revised Code.
(HH) "Public premises" means any hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort.
(II) "Methamphetamine" means methamphetamine, any salt, isomer, or salt of an isomer of methamphetamine, or any compound, mixture, preparation, or substance containing methamphetamine or any salt, isomer, or salt of an isomer of methamphetamine.
(JJ) "Lawful prescription" means a prescription that is issued for a legitimate medical purpose by a licensed health professional authorized to prescribe drugs, that is not altered or forged, and that was not obtained by means of deception or by the commission of any theft offense.
(KK) "Deception" and "theft offense" have the same meanings as in section 2913.01 of the Revised Code.
(LL) "Fentanyl-related compound" means any of the following:
(1) Fentanyl;
(2) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(3) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(4) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N-phenylpropanamide);
(5) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);
(6) 3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
(7)3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide);
(8) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(9) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(10) Alfentanil;
(11) Carfentanil;
(12) Remifentanil;
(13) Sufentanil;
(14) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide); and
(15) A schedule I narcotic-opiate that meets the fentanyl pharmacophore requirements specified in division (A)(56) of section 3719.41 of the Revised Code, including acetylfentanyl, furanylfentanyl, valerylfentanyl, butyrylfentanyl, isobutyrylfentanyl, 4-methoxybutyrylfentanyl, para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl.
(MM) An offense is "committed in the vicinity of a substance addiction services provider" if both of the following apply:
(1) The offender commits the offense on the premises of a substance addiction services provider's facility, including a facility licensed prior to June 29, 2019, under section 5119.391 of the Revised Code to provide methadone treatment or an opioid treatment program licensed on or after that date under section 5119.37 of the Revised Code, or within one thousand feet of the premises of a substance addiction services provider's facility.
(2) The offender recklessly disregards whether the offense is being committed within the vicinity described in division (MM)(1) of this section.
(NN) "Substance addiction services provider" means an agency, association, corporation or other legal entity, individual, or program that provides one or more of the following at a facility:
(1) Either alcohol addiction services, or drug addiction services, or both such services that are certified by the director of mental health and addiction services under section 5119.36 of the Revised Code;
(2) Recovery supports that are related to either alcohol addiction services, or drug addiction services, or both such services and paid for with federal, state, or local funds administered by the department of mental health and addiction services or a board of alcohol, drug addiction, and mental health services.
(OO) "Premises of a substance addiction services provider's facility" means the parcel of real property on which any substance addiction service provider's facility is situated.
(PP) "Alcohol and drug addiction services" has the same meaning as in section 5119.01 of the Revised Code.
Sec. 2925.03. (A) No person shall knowingly do any of the following:
(1) Sell or offer to sell a controlled substance or a controlled substance analog;
(2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or a controlled substance analog is intended for sale or resale by the offender or another person.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Chapters 3719., 4715., 4723., 4729., 4730., 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.
(C) Whoever violates division (A) of this section is guilty of one of the following:
(1) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or schedule II, with the exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, hashish, and any controlled substance analog, whoever violates division (A) of this section is guilty of aggravated trafficking in drugs. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), (c), (d), (e), or (f) of this section, aggravated trafficking in drugs is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(1)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity of a
school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
aggravated
trafficking in drugs is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds the bulk amount but is less than five
times the bulk amount, aggravated trafficking in drugs is a felony of
the third degree, and, except as otherwise provided in this division,
there is a presumption for a prison term for the offense. If
aggravated trafficking in drugs is a felony of the third degree under
this division and if the offender two or more times previously has
been convicted of or pleaded guilty to a felony drug abuse offense,
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the third degree. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
aggravated
trafficking in drugs is a felony of the second degree, and the court
shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree.
(d)
Except as otherwise provided in this division, if the amount
of the drug involved equals or exceeds five times the bulk amount but
is less than fifty times the bulk amount, aggravated trafficking in
drugs is a felony of the second degree, and the court shall impose as
a mandatory prison term one of the prison terms prescribed for a
felony of the second degree. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
aggravated
trafficking in drugs is a felony of the first degree, and the court
shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(e)
If the amount of the drug involved equals or exceeds fifty times the
bulk amount but is less than one hundred times the bulk amount and
regardless of whether the offense was committed in the vicinity of a
school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
aggravated
trafficking in drugs is a felony of the first degree, and the court
shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.
(f)
If the amount of the drug involved equals or exceeds one hundred
times the bulk amount and regardless of whether the offense was
committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
aggravated
trafficking in drugs is a felony of the first degree, the offender is
a major drug offender, and the court shall impose as a mandatory
prison term the maximum prison term prescribed for a felony of the
first degree.
(2) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule III, IV, or V, whoever violates division (A) of this section is guilty of trafficking in drugs. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(2)(b), (c), (d), or (e) of this section, trafficking in drugs is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), (d), or (e) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, trafficking in drugs is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, trafficking in drugs is a felony of the third degree, and there is a presumption for a prison term for the offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs is a felony of the second degree, and there is a presumption for a prison term for the offense.
(e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds fifty times the bulk amount, trafficking in drugs is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. If the amount of the drug involved equals or exceeds fifty times the bulk amount and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(3) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance containing marihuana other than hashish, whoever violates division (A) of this section is guilty of trafficking in marihuana. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), (f), (g), or (h) of this section, trafficking in marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(3)(c), (d), (e), (f), (g), or (h) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds two hundred grams but is less than one thousand grams, trafficking in marihuana is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds one thousand grams but is less than five thousand grams, trafficking in marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the second degree, and there is a presumption that a prison term shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, trafficking in marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the second degree, and there is a presumption that a prison term shall be imposed for the offense.
(f) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds twenty thousand grams but is less than forty thousand grams, trafficking in marihuana is a felony of the second degree, and the court shall impose a mandatory prison term of five, six, seven, or eight years. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.
(g) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds forty thousand grams, trafficking in marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the second degree. If the amount of the drug involved equals or exceeds forty thousand grams and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a felony of the first degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.
(h) Except as otherwise provided in this division, if the offense involves a gift of twenty grams or less of marihuana, trafficking in marihuana is a minor misdemeanor upon a first offense and a misdemeanor of the third degree upon a subsequent offense. If the offense involves a gift of twenty grams or less of marihuana and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of trafficking in cocaine. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of this section, trafficking in cocaine is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in cocaine is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds five grams but is less than ten grams
of cocaine, trafficking in cocaine is a felony of the fourth degree,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense. If the
amount of the drug involved is
within that range and if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in cocaine is a felony of the third degree, and there is a
presumption for a prison term for the offense.
(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten grams but is less than twenty
grams of cocaine, trafficking in cocaine is a felony of the third
degree, and, except as otherwise provided in this division, there is
a presumption for a prison term for the offense. If trafficking in
cocaine is a felony of the third degree under this division and if
the offender two or more times previously has been convicted of or
pleaded guilty to a felony drug abuse offense, the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in cocaine is a felony of the second degree, and the court shall
impose as a mandatory prison term one of the prison terms prescribed
for a felony of the second degree.
(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds twenty grams but is less than
twenty-seven grams of cocaine, trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the second
degree. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms prescribed
for a felony of the first degree.
(f)
If the amount of the drug involved equals or exceeds twenty-seven
grams but is less than one hundred grams of cocaine and regardless of
whether the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in cocaine is a felony of the first degree, and the court shall
impose as a mandatory prison term one of the prison terms prescribed
for a felony of the first degree.
(g)
If the amount of the drug involved equals or exceeds one hundred
grams of cocaine and regardless of whether the offense was committed
in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in cocaine is a felony of the first degree, the offender is a major
drug offender, and the court shall impose as a mandatory prison term
the maximum prison term prescribed for a felony of the first degree.
(5) If the drug involved in the violation is L.S.D. or a compound, mixture, preparation, or substance containing L.S.D., whoever violates division (A) of this section is guilty of trafficking in L.S.D. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in L.S.D. is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten unit doses but is less than fifty
unit doses of L.S.D. in a solid form or equals or exceeds one gram
but is less than five grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form, trafficking in L.S.D. is a felony
of the fourth degree, and division (B) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison term
for the offense. If the amount of the drug involved is within that
range and if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in L.S.D. is a felony of the third degree, and there is a presumption
for a prison term for the offense.
(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty unit doses but is less than two
hundred fifty unit doses of L.S.D. in a solid form or equals or
exceeds five grams but is less than twenty-five grams of L.S.D. in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in L.S.D. is a felony of the third degree, and, except as
otherwise provided in this division, there is a presumption for a
prison term for the offense. If trafficking in L.S.D. is a felony of
the third degree
under this division and if the offender two or more times previously
has been convicted of or pleaded guilty to a felony drug abuse
offense, the court shall impose as a mandatory prison term one of the
prison terms prescribed for a felony of the third degree. If the
amount of the drug involved is within that range and if the offense
was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in L.S.D. is a felony of the second degree, and the court shall
impose as a mandatory prison term one of the prison terms prescribed
for a felony of the second degree.
(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two hundred fifty unit doses but is
less than one thousand unit doses of L.S.D. in a solid form or equals
or exceeds twenty-five grams but is less than one hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid distillate
form, trafficking in L.S.D. is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree. If the amount of the
drug involved is within that range and if the offense was committed
in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in L.S.D. is a felony of the first degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f)
If the amount of the drug involved equals or exceeds one thousand
unit doses but is less than five thousand unit doses of L.S.D. in a
solid form or equals or exceeds one hundred grams but is less than
five hundred grams of L.S.D. in a liquid concentrate, liquid extract,
or liquid distillate form and regardless
of whether the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in L.S.D. is a felony of the first degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(g)
If the amount of the drug involved equals or exceeds five thousand
unit doses of L.S.D. in a solid form or equals or exceeds five
hundred grams of L.S.D. in a liquid concentrate, liquid extract, or
liquid distillate form and regardless of whether the offense was
committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in L.S.D. is a felony of the first degree, the offender is a major
drug offender, and the court shall impose as a mandatory prison term
the maximum prison term prescribed for a felony of the first degree.
(6) If the drug involved in the violation is heroin or a compound, mixture, preparation, or substance containing heroin, whoever violates division (A) of this section is guilty of trafficking in heroin. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(6)(b), (c), (d), (e), (f), or (g) of this section, trafficking in heroin is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(6)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile,
or
in the vicinity of a substance addiction services provider,
trafficking
in heroin is a felony of the fourth degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten unit doses but is less than fifty
unit doses or equals or exceeds one gram but is less than five grams,
trafficking in heroin is a felony of the fourth degree, and division
(B) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term for the offense. If the amount of the
drug involved is within that range and if the offense was committed
in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in heroin is a felony of the third degree, and there is a presumption
for a prison term for the offense.
(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty unit doses but is less than one
hundred unit doses or equals or exceeds five grams but is less than
ten grams, trafficking in heroin is a felony of the third degree, and
there is a presumption for a prison term for the offense. If the
amount of the drug involved is within that range and if the offense
was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in heroin is a felony of the second degree, and there is a
presumption for a prison term for the offense.
(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds one hundred unit doses
but is less than five hundred unit doses or equals or exceeds ten
grams but is less than fifty grams, trafficking in heroin is a felony
of the second degree, and the court shall impose as a mandatory
prison term one of the prison terms prescribed for a felony of the
second degree. If the amount of the drug involved is within that
range and if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in heroin is a felony of the first degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(f)
If the amount of the drug involved equals or exceeds five hundred
unit doses but is less than one thousand unit doses or equals or
exceeds fifty grams but is less than one hundred grams and regardless
of whether the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in heroin is a felony of the first degree, and the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the first degree.
(g)
If the amount of the drug involved equals or exceeds one thousand
unit doses or equals or exceeds one hundred grams and regardless of
whether the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in heroin is a felony of the first degree, the offender is a major
drug offender, and the court shall impose as a mandatory prison term
the maximum prison term prescribed for a felony of the first degree.
(7) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates division (A) of this section is guilty of trafficking in hashish. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(7)(b), (c), (d), (e), (f), or (g) of this section, trafficking in hashish is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(7)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in hashish is a felony of the fourth degree, and division (B) of
section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten grams but is less than fifty
grams of hashish in a solid form or equals or exceeds two grams but
is less than ten grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form, trafficking in hashish is a
felony of the fourth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in hashish is a felony of the third degree, and division (C) of
section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.
(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty grams but is less than two
hundred fifty grams of hashish in a solid form or equals or exceeds
ten grams but is less than fifty grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, trafficking
in hashish is a felony of the third degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in the
vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in hashish is a felony of the second degree, and there is a
presumption that a prison term shall be imposed for the offense.
(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two hundred fifty grams but is less
than one thousand grams of hashish in a solid form or equals or
exceeds fifty grams but is less than two hundred grams of hashish in
a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the third degree, and there is
a presumption that a prison term shall be imposed for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in hashish is a felony of the second degree, and there is a
presumption that a prison term shall be imposed for the offense.
(f)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds one thousand grams but is less than
two thousand grams of hashish in a solid form or equals or exceeds
two hundred grams but is less than four hundred grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the
court shall impose a mandatory prison term of five, six, seven, or
eight years. If the amount of the drug involved is within that range
and if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in hashish is a felony of the first degree, and the court shall
impose as a mandatory prison term the maximum prison term prescribed
for a felony of the first degree.
(g)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two thousand grams of hashish in a
solid form or equals or exceeds four hundred grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the
court shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the second degree. If the amount of the
drug involved equals or exceeds two thousand grams of hashish in a
solid form or equals or exceeds four hundred grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form and if
the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in hashish is a felony of the first degree, and the court shall
impose as a mandatory prison term the maximum prison term prescribed
for a felony of the
first degree.
(8) If the drug involved in the violation is a controlled substance analog or compound, mixture, preparation, or substance that contains a controlled substance analog, whoever violates division (A) of this section is guilty of trafficking in a controlled substance analog. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(8)(b), (c), (d), (e), (f), or (g) of this section, trafficking in a controlled substance analog is a felony of the fifth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(8)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a controlled substance analog is a felony of the fourth degree,
and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten grams but is less than twenty
grams, trafficking in a controlled substance analog is a felony of
the fourth degree, and division (B) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term for the
offense. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a controlled substance analog is a felony
of the third degree, and there is a presumption for a prison term for
the offense.
(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds twenty grams but is less than thirty
grams, trafficking in a controlled substance analog is a felony of
the third degree, and there is a presumption for a prison term for
the offense. If the amount of the drug involved is within that range
and if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a controlled substance analog is a felony of the second degree,
and there is a presumption for a prison term for the offense.
(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds thirty grams but is less than forty
grams, trafficking in a controlled substance analog is a felony of
the second degree, and the court shall impose as a mandatory prison
term one of the prison terms prescribed for a felony of the second
degree. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a controlled substance analog is a felony of the first degree, and
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(f)
If the amount of the drug involved equals or exceeds forty grams but
is less than fifty grams and regardless of whether the offense was
committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance
addiction services provider, trafficking
in a controlled substance analog is a felony of the first degree, and
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(g)
If the amount of the drug involved equals or exceeds fifty grams and
regardless of whether the offense was committed in the vicinity of a
school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a controlled substance analog is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a felony
of the first degree.
(9) If the drug involved in the violation is a fentanyl-related compound or a compound, mixture, preparation, or substance containing a fentanyl-related compound and division (C)(10)(a) of this section does not apply to the drug involved, whoever violates division (A) of this section is guilty of trafficking in a fentanyl-related compound. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(9)(b), (c), (d), (e), (f), (g), or (h) of this section, trafficking in a fentanyl-related compound is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b)
Except as otherwise provided in division (C)(9)(c), (d), (e), (f),
(g), or (h) of this section, if the offense was committed in the
vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the fourth degree, and
division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.
(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten unit doses but is less than fifty
unit doses or equals or exceeds one gram but is less than five grams,
trafficking in a fentanyl-related compound is a felony of the fourth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term for the
offense. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the third degree, and
there is a presumption for a prison term for the offense.
(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty unit doses but is less than one
hundred unit doses or equals or exceeds five grams but is less than
ten grams, trafficking in a fentanyl-related compound is a felony of
the third degree, and there is a presumption for a prison term for
the offense. If the amount of the drug involved is within that range
and if the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the second degree, and
there is a presumption for a prison term for the offense.
(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds one hundred unit doses but is less
than two hundred unit doses or equals or exceeds
ten grams but is less than twenty grams, trafficking in a
fentanyl-related compound is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree. If the amount of the
drug involved is within that range and if the offense was committed
in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the first degree, and
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(f)
If the amount of the drug involved equals or exceeds two hundred unit
doses but is less than five hundred unit doses or equals or exceeds
twenty grams but is less than fifty grams and regardless of whether
the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the first degree, and
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the first degree.
(g)
If the amount of the drug involved equals or exceeds five hundred
unit doses but is less than one thousand unit doses or equals or
exceeds fifty grams but is less than one hundred grams and regardless
of whether the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the first degree, and
the court shall impose as a mandatory prison term the maximum prison
term prescribed for a felony of the first degree.
(h)
If the amount of the drug involved equals or exceeds one thousand
unit doses or equals or exceeds one hundred grams and regardless of
whether the offense was committed in the vicinity of a school
or,
in
the vicinity of a juvenile, or
in the vicinity of a substance addiction services provider,
trafficking
in a fentanyl-related compound is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a felony
of the first degree.
(10) If the drug involved in the violation is a compound, mixture, preparation, or substance that is a combination of a fentanyl-related compound and marihuana, one of the following applies:
(a) Except as otherwise provided in division (C)(10)(b) of this section, the offender is guilty of trafficking in marihuana and shall be punished under division (C)(3) of this section. The offender is not guilty of trafficking in a fentanyl-related compound and shall not be charged with, convicted of, or punished under division (C)(9) of this section for trafficking in a fentanyl-related compound.
(b) If the offender knows or has reason to know that the compound, mixture, preparation, or substance that is the drug involved contains a fentanyl-related compound, the offender is guilty of trafficking in a fentanyl-related compound and shall be punished under division (C)(9) of this section.
(D) In addition to any prison term authorized or required by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, and in addition to any other sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may suspend the driver's or commercial driver's license or permit of the offender in accordance with division (G) of this section. However, if the offender pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or the law of another state or the United States arising out of the same set of circumstances as the violation, the court shall suspend the offender's driver's or commercial driver's license or permit in accordance with division (G) of this section. If applicable, the court also shall do the following:
(1) If the violation of division (A) of this section is a felony of the first, second, or third degree, the court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent. Except as otherwise provided in division (H)(1) of this section, a mandatory fine or any other fine imposed for a violation of this section is subject to division (F) of this section. If a person is charged with a violation of this section that is a felony of the first, second, or third degree, posts bail, and forfeits the bail, the clerk of the court shall pay the forfeited bail pursuant to divisions (D)(1) and (F) of this section, as if the forfeited bail was a fine imposed for a violation of this section. If any amount of the forfeited bail remains after that payment and if a fine is imposed under division (H)(1) of this section, the clerk of the court shall pay the remaining amount of the forfeited bail pursuant to divisions (H)(2) and (3) of this section, as if that remaining amount was a fine imposed under division (H)(1) of this section.
(2) If the offender is a professionally licensed person, the court immediately shall comply with section 2925.38 of the Revised Code.
(E) When a person is charged with the sale of or offer to sell a bulk amount or a multiple of a bulk amount of a controlled substance, the jury, or the court trying the accused, shall determine the amount of the controlled substance involved at the time of the offense and, if a guilty verdict is returned, shall return the findings as part of the verdict. In any such case, it is unnecessary to find and return the exact amount of the controlled substance involved, and it is sufficient if the finding and return is to the effect that the amount of the controlled substance involved is the requisite amount, or that the amount of the controlled substance involved is less than the requisite amount.
(F)(1) Notwithstanding any contrary provision of section 3719.21 of the Revised Code and except as provided in division (H) of this section, the clerk of the court shall pay any mandatory fine imposed pursuant to division (D)(1) of this section and any fine other than a mandatory fine that is imposed for a violation of this section pursuant to division (A) or (B)(5) of section 2929.18 of the Revised Code to the county, township, municipal corporation, park district, as created pursuant to section 511.18 or 1545.04 of the Revised Code, or state law enforcement agencies in this state that primarily were responsible for or involved in making the arrest of, and in prosecuting, the offender. However, the clerk shall not pay a mandatory fine so imposed to a law enforcement agency unless the agency has adopted a written internal control policy under division (F)(2) of this section that addresses the use of the fine moneys that it receives. Each agency shall use the mandatory fines so paid to subsidize the agency's law enforcement efforts that pertain to drug offenses, in accordance with the written internal control policy adopted by the recipient agency under division (F)(2) of this section.
(2) Prior to receiving any fine moneys under division (F)(1) of this section or division (B) of section 2925.42 of the Revised Code, a law enforcement agency shall adopt a written internal control policy that addresses the agency's use and disposition of all fine moneys so received and that provides for the keeping of detailed financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure. The policy shall not provide for or permit the identification of any specific expenditure that is made in an ongoing investigation. All financial records of the receipts of those fine moneys, the general types of expenditures made out of those fine moneys, and the specific amount of each general type of expenditure by an agency are public records open for inspection under section 149.43 of the Revised Code. Additionally, a written internal control policy adopted under this division is such a public record, and the agency that adopted it shall comply with it.
(3) As used in division (F) of this section:
(a) "Law enforcement agencies" includes, but is not limited to, the state board of pharmacy and the office of a prosecutor.
(b) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(G)(1) If the sentencing court suspends the offender's driver's or commercial driver's license or permit under division (D) of this section or any other provision of this chapter, the court shall suspend the license, by order, for not more than five years. If an offender's driver's or commercial driver's license or permit is suspended pursuant to this division, the offender, at any time after the expiration of two years from the day on which the offender's sentence was imposed or from the day on which the offender finally was released from a prison term under the sentence, whichever is later, may file a motion with the sentencing court requesting termination of the suspension; upon the filing of such a motion and the court's finding of good cause for the termination, the court may terminate the suspension.
(2) Any offender who received a mandatory suspension of the offender's driver's or commercial driver's license or permit under this section prior to September 13, 2016, may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender's license or permit was suspended under this section shall not file such a motion.
Upon the filing of a motion under division (G)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(H)(1) In addition to any prison term authorized or required by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, in addition to any other penalty or sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, and in addition to the forfeiture of property in connection with the offense as prescribed in Chapter 2981. of the Revised Code, the court that sentences an offender who is convicted of or pleads guilty to a violation of division (A) of this section may impose upon the offender an additional fine specified for the offense in division (B)(4) of section 2929.18 of the Revised Code. A fine imposed under division (H)(1) of this section is not subject to division (F) of this section and shall be used solely for the support of one or more eligible community addiction services providers in accordance with divisions (H)(2) and (3) of this section.
(2) The court that imposes a fine under division (H)(1) of this section shall specify in the judgment that imposes the fine one or more eligible community addiction services providers for the support of which the fine money is to be used. No community addiction services provider shall receive or use money paid or collected in satisfaction of a fine imposed under division (H)(1) of this section unless the services provider is specified in the judgment that imposes the fine. No community addiction services provider shall be specified in the judgment unless the services provider is an eligible community addiction services provider and, except as otherwise provided in division (H)(2) of this section, unless the services provider is located in the county in which the court that imposes the fine is located or in a county that is immediately contiguous to the county in which that court is located. If no eligible community addiction services provider is located in any of those counties, the judgment may specify an eligible community addiction services provider that is located anywhere within this state.
(3) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay any fine imposed under division (H)(1) of this section to the eligible community addiction services provider specified pursuant to division (H)(2) of this section in the judgment. The eligible community addiction services provider that receives the fine moneys shall use the moneys only for the alcohol and drug addiction services identified in the application for certification of services under section 5119.36 of the Revised Code or in the application for a license under section 5119.37 of the Revised Code filed with the department of mental health and addiction services by the community addiction services provider specified in the judgment.
(4) Each community addiction services provider that receives in a calendar year any fine moneys under division (H)(3) of this section shall file an annual report covering that calendar year with the court of common pleas and the board of county commissioners of the county in which the services provider is located, with the court of common pleas and the board of county commissioners of each county from which the services provider received the moneys if that county is different from the county in which the services provider is located, and with the attorney general. The community addiction services provider shall file the report no later than the first day of March in the calendar year following the calendar year in which the services provider received the fine moneys. The report shall include statistics on the number of persons served by the community addiction services provider, identify the types of alcohol and drug addiction services provided to those persons, and include a specific accounting of the purposes for which the fine moneys received were used. No information contained in the report shall identify, or enable a person to determine the identity of, any person served by the community addiction services provider. Each report received by a court of common pleas, a board of county commissioners, or the attorney general is a public record open for inspection under section 149.43 of the Revised Code.
(5) As used in divisions (H)(1) to (5) of this section:
(a) "Community addiction services provider" and "alcohol and drug addiction services" have the same meanings as in section 5119.01 of the Revised Code.
(b) "Eligible community addiction services provider" means a community addiction services provider, including a community addiction services provider that operates an opioid treatment program licensed under section 5119.37 of the Revised Code.
(I) As used in this section, "drug" includes any substance that is represented to be a drug.
(J) It is an affirmative defense to a charge of trafficking in a controlled substance analog under division (C)(8) of this section that the person charged with violating that offense sold or offered to sell, or prepared for shipment, shipped, transported, delivered, prepared for distribution, or distributed an item described in division (HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.
Sec. 3701.99. (A) Whoever violates division (C) of section 3701.23, division (C) of section 3701.232, division (C) of section 3701.24, division (D)(2) of section 3701.262, or sections 3701.46 to 3701.55 of the Revised Code is guilty of a minor misdemeanor on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the fourth degree.
(B) Whoever violates section 3701.82 of the Revised Code is guilty of a misdemeanor of the first degree.
(C)
Whoever
Subject
to division (D) of this section, whoever violates
section 3701.352 or 3701.81 of the Revised Code is guilty of a
misdemeanor of the second degree.
(D) Whoever violates any rule adopted or order issued by the director of health or department of health as described in section 3701.352 of the Revised Code that relates to a pandemic shall receive a warning on a first offense and on each subsequent offense shall be fined in an amount not to exceed the maximum amount specified in section 2929.28 of the Revised Code for a minor misdemeanor.
Sec. 3707.99. (A) Whoever violates section 3707.03 of the Revised Code, unless good and sufficient reason therefor is shown, is guilty of a minor misdemeanor.
(B)
Whoever
Subject
to division (C) of this section, whoever violates
division (B) of section 3707.06 or section 3707.48 of the Revised
Code is guilty of a minor misdemeanor on a first offense; on each
subsequent offense, the person is guilty of a misdemeanor of the
fourth degree.
(C) In the event the board of health of a city or general health district adopts a rule or issues an order under Chapter 3707. of the Revised Code that relates to a pandemic, whoever violates the rule or order shall receive a warning on a first offense and on each subsequent offense shall be fined in an amount not to exceed one hundred dollars.
Sec.
3709.99. (A) Whoever
Except
as provided in division (C)
of this section, whoever violates section
3709.20, 3709.21, or 3709.22 of the Revised Code or any order or
regulation of the board of health of a city or general health
district adopted in pursuance of those sections, or whoever
interferes with the execution of an order or regulation of that
nature by a member of the board or person authorized by the board,
shall be fined not more than one hundred dollars or imprisoned not
more than ninety days, or both. No person shall be imprisoned for the
first offense, and the prosecution shall always be for a first
offense unless the affidavit upon which the prosecution is instituted
contains the allegation that the offense is a subsequent offense.
(B) Except in case of an emergency endangering the public health caused by an epidemic, an infectious or a communicable disease, or a disaster emergency condition or event, no prosecution for a violation of any regulation or order adopted pursuant to section 3709.20, 3709.21, or 3709.22 of the Revised Code shall take place until twenty days after the board of health of a city or general health district has notified the person subject to the regulation or order of the specific violation alleged. Any person notified by the board of a violation of any regulation or order of that nature may file an action for declaratory judgment pursuant to Chapter 2721. of the Revised Code to have determined whether the regulation or order is unreasonable or unlawful. No prosecution of that nature shall be commenced when, within the twenty-day period described in this division, the violation has been corrected. No prosecution of that nature shall be commenced until a declaratory judgment of that nature has been given.
(C) In the event the board of health of a city or general health district adopts a rule or issues an order under section 3709.20, 3709.21, or 3709.22 of the Revised Code that relates to a pandemic, whoever violates the rule or order shall receive a warning for a first offense and for each subsequent offense shall be fined in an amount not to exceed one hundred dollars.
Section 2. That existing sections 2925.01, 2925.03, 3701.99, 3707.99, and 3709.99 of the Revised Code are hereby repealed.
Section 3. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the following sections, presented in this act as composites of the sections as amended by the acts indicated, are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act:
Section 2925.01 of the Revised Code as amended by both Am. Sub. H.B. 49 and Am. Sub. S.B. 1 of the 132nd General Assembly.
Section 2925.03 of the Revised Code as amended by both Am. Sub. H.B. 111 and Am. Sub. S.B. 1 of the 132nd General Assembly.
Section 4. Sections 2925.01 and 2925.03 of the Revised Code, as amended by this act, shall be known as the "Relapse Reduction Act."