49-12 Amend 513.04 Use or Possession of Paraphernalia

Home Browse Search

macists, ow7rers of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapter 3719, 4715, 4729, 4731 or 4741. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10. (e) Nowithstanding Ohio R.C. 2933.42 and 2933.43, any drug para- phernalia that was used, possessed, sold or manufachued in viola- tion of this section shall be seized and, after a conviction for that violation, shall be forfeited. Upon forfeiture, such paraphemalia shall be disposed of pursuant to Ohio R.C. 2933.41(D)(8). (f) (1) Whoever violates paragraph (c)(1) hereof is guilty of illegal use or possession of dmg paraphernalia, a misdemeanor of the fourth degree, and shall be subject to the penalty provided in Section 501.99. (2) Except as provided hr paragraph (f)(3) hereof, whoever vio- lates paragraph (e)(2) hereof is guilty of dealing in drug para- phernalia, amisdemeanor of the second degree, and shall be subject to the penalty provided in Section 501.99. (3) Whoever violates paragraph (c)(2) hereof by selling drug par- aphernalia to a juvenile is guilty of selling dmg paraphernalia to juveniles, a misdemeanor of the fnst degree, and shall be subject to the penalty provided in Section 501.99. (4) Whoever violates paragraph (c)(3) hereof is guilty of illegal advertising of dmg paraphernalia, a misdemeanor of the se- cond degree, and shall be subject to the penalty provided in Section 501.99. (g) (1) Notwithstanding the fines otherwise required to be imposed pursuant to Section 501.99, for violations of this section, and not- withstanding Ohio R.C. 2929.22, the court shall hupose a mandato- ry fine of one thousand dollars ($1,000) if the violation of this sec- tion was a misdemeanor of the first degree, a mandatory fine of seven hundred fifty dollars ($750.00) if the violation of this section was a misdemeanor of the second degree, and a mandatory fine of two hundred fifty dollars ($250.00) if the violation of this section was a misdemeanor of the fourth degree. (2) The court may impose a fine in addition to a mandatory fine imposed pursuant to paragraph (g)(1) hereof if the total of the additional and mandatory fines does not exceed the maximum fine that could be imposed pursuant to Section 501.99. (3) Notwithstanding any conhary provision of Ohio R.C. 2925.14 or 3719.21, fifty percent of any mandatory fine imposed pur- suant to paragraph (g)(1) hereof shall be paid by the clerk of the court into the Law Enforcement Trust Fuud of the Munic- ipality required to be established by Ohio R.C. 2933.43(D)(1)(c), and fifty percent shall be paid into the Gen- eral Fund of the Mmiicipality. Any additional fine hnposed pursuant to paragraph (g)(2) hereof shall be disbursed by the clerk of the court as otherwise provided by law.