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513.02 GENERAL OFFENSES CODE 32D
<br />513.02 GIFT OF MARIHUANA.
<br />(a) No person shall knowingly give or offer to make a gift of twenty grams or
<br />less of marihuana.
<br />(b) Whoever violates this section is guilty of trafficking in marihuana. If the
<br />offense does not involve the sale or offer to sell of a controlled substance in
<br />violation of Ohio R.C. 2925.03(A)(1), (5), (7) or (10) that was committed on school
<br />premises, in a school building, or within 1,000 feet of the boundaries of any school
<br />premises, or that was committed within 100 feet of any juvenile or within the view
<br />of any juvenile, whether or not the offender knows the age of the juvenile, the
<br />offender knows the juvenile is within .100 feet or within view of the commission of
<br />the offense, or the juvenile views the commission of the offense, trafficking in
<br />marihuana is a minor misdemeanor for the first offense and, for any subsequent
<br />offense, it is a misdemeanor of the third degree. If the offense involves the sale or
<br />offer to sell of a controlled substance in violation of Ohio R.C. 2925.03(A)(1), (5),
<br />(7) or (10) that was committed on school premises, in a school building, or within
<br />1,000 feet of the boundaries of any school premises, or that was committed within
<br />100 feet of any juvenile or within the view of any juvenile, whether or not the
<br />offender knows the age of the juvenile, the offender knows the juvenile is within
<br />100 feet or within view of the commission of the offense, or the juvenile views
<br />the commission of the offense, trafficking in marihuana is a misdemeanor of the
<br />third degree. (ORC 2925.03) .
<br />513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE.
<br />(a) No person shall knowingly obtain, possess or use a controlled substance.
<br />(b) This section does not apply to the following:
<br />(1) Manufacturers, practitioners, pharmacists, owners of pharmacies, and
<br />other persons whose conduct was in accordance with Ohio R.C. Chapters
<br />3719, 4715, 4729, 4731 and 4741.
<br />(2) If the offense involves an anabolic steroid, any person who is conducting
<br />or participating in a research project involving the use of an -anabolic
<br />steroid if the project has been approved by the United States Food and
<br />Drug Administration;
<br />(3) Any person who sells, offers for sale, prescribes, dispenses or administers
<br />for livestock or other nonhuman species an anabolic steroid that is
<br />expressly intended for administration through implants to livestock or
<br />other nonhuman species and approved for that purpose under the "Federal
<br />Food, Drug and Cosmetic Act", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as
<br />amended, and is sold, offered for sale, prescribed, dispensed or administered
<br />for that purpose in accordance with that Act;
<br />(4) Any person who obtained the controlled substance pursuant to a prescription
<br />issued by a practitioner, where the drug is in the original container in
<br />which it was dispensed to such person.
<br />(c) Whoever violates this section is guilty of drug abuse, and shall be sentenced
<br />as follows:
<br />(1) If the drug involved is a compound, mixture, preparation, or substance
<br />included in Schedule III, IV or V, with the exception of an anabolic
<br />steroid, drug abuse is a misdemeanor of the third degree, and if the
<br />offender previously has been convicted of a drug abuse offense, drug abuse
<br />is a misdemeanor of the second degree.
<br />(2) If the drug involved is marihuana, drug abuse is a misdemeanor of the
<br />fourth degree, unless the amount of marihuana involved is less than 100 grams,
<br />the amount of marihuana resin, or extraction or preparation of such resin, is
<br />less than five grams, and the amount of such resin in a liquid concentrate,
<br />liquid extract or liquid distillate form is less than one gram, in which case
<br />drug abuse is a minor misdemeanor.
<br />1993 Replacement
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