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33 Drug Abuse Control 513.045
<br />(3) If the drug involved is an anabolic steroid included in Schedule III, drug
<br />abuse is~ a misdemeanor of the third degree and, in lieu of sentencing
<br />an offender to a definite or indefinite term of imprisonment in a detention
<br />facility, the court may place the offender on conditional probation pursuant
<br />to Ohio R.C. 2925.11(G) or 2951.02(H), unless the offender previously has
<br />been convicted of a drug abuse offense, in which case drug abuse is a
<br />misdemeanor of the second degree.
<br />(d) Arrest or conviction for a minor misdemeanor violation of this section does
<br />not constitute a criminal record and need not be reported by the person so arrested
<br />or convicted in response to any inquiries about the person's criminal record, including
<br />any inquiries contained in any application for employment, license or other right or
<br />privilege, or made in connection with the person's appearance as a witness.
<br />(ORC 2925.11)
<br />513.04 POSSESSING DRUG ABUSE INSTRUMENTS.
<br />(a) No person shall knowingly make, obtain, possess or use any instrument, article
<br />or thing whose customary and primary purpose is for the administration or use of a
<br />dangerous drug, other than marihuana, when the instrument involved is a hypodermic
<br />or syringe, whether or not of crude or extemporized manufacture or assembly, and the
<br />instrument, article or thing involved has been used by the offender to unlawfully
<br />administer or use a dangerous drug, other than marihuana, or to prepare a dangerous
<br />drug, other than marihuana, for unlawful administration or use.
<br />(b) This section does not apply to manufacturers, practitioners, pharmacists, owners
<br />of pharmacies and other persons whose conduct was in accordance with Ohio R.C.
<br />Chapters 3719, 4715, 4729, 4731 and 4741.
<br />(c) Whoever violates this section is guilty of possessing drug abuse instruments, a
<br />misdemeanor of the second degree. If the offender previously has been convicted of a
<br />drug abuse offense, violation of this section is a misdemeanor of the first degree.
<br />(ORC 2925.12)
<br />513.045 POSSESSION, MANUFACTURE AND SALE OF DRUG PARAPHERNALIA.
<br />(a) No person shall use, or possess with intent to use, drug paraphernalia to
<br />plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
<br />process, prepare, test, analyze, pack, repack, store, contain, conceal or inject, ingest,
<br />inhale or otherwise introduce into the human body a controlled substance in violation
<br />of this chapter,
<br />(b) No person shall deliver, sell, possess with intent to deliver or sell, or manu-
<br />facture with intent to deliver or sell, drug paraphernalia, knowing that it will be used
<br />to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
<br />process, prepare, te st, analyze, pack, repack, store, contain, conceal or inject, ingest,
<br />inhale or otherwise introduce into the human body a controlled substance in vi olation
<br />of this chapter.
<br />(c) No person shall place in any newspaper, magazine, handbill or other publication
<br />any advertisement, knowing that the purpose of the advertisement, in whole or in part,
<br />is to promote the sale of objects designed:. or intended for use as drug paraphernalia.
<br />(d) Any person eighteen years of age or over who violates subsection (b) hereof
<br />by delivering drug paraphernalia to a person under eighteen years of age who is at
<br />least three years his junior is guilty of a special offense.
<br />1993 Replacement
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