1996 026 Ordinance - Laserfiche WebLink

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Section 3. Section 513.02 of the General Offenses Code is hereby amended to read as follows: 513.02 GIFT OF MARIHUANA. (a) No person shall knowingly give or offer to make a gift of twenty grams or less of marihuana. (b) Whoever violates this secrion is guilry of trafficking in marihuana. Trafficking in marihuana is a minor misdemeanor for the first offense and, for any subsequent offense, it is a misdemeanor of the third degree. If the offense was committed in the vicinity of a school or the vicinity of a juvenile, trafficking in marihuana is a misdemeanor of the third degree. (ORC 2925.03) Section 4. Section 513.03 of the General Offenses Code is hereby amended to read as follows: 513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE. (a) No person shall knowingly obtain, possess or use a controlled substance. (b) This section does not apply to the following: (1) Manufacturers, practitioners, pharmacists, owners of pharmacies and . other persons whose conduct was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741 or Ohio R.C. 4723.56. (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 Cosmeric Act", 52 Stat. 1040 (1938), 21 U.S.C_A. 301, as amended, and is sold, offered for sale, prescribed, dispensed or administered for that purpose in accordance with that Act; (4) Any person who obtained the controlled substance pursuant to a prescription issued by a practitioner, where the drug is in the original container in which it was dispensed to such person. (c) Whoever violates subsection (a) hereof is guilty of one of the following: (1) If the drug involved in the violarion is a compound, mixture, preparation, or substance included in Schedule III, IV, or V, whoever violates subsection (a) hereof is guilty of possession of drugs. Possession of drugs is a misdemeanor if the amount of the drug involved does not exceed the bulk amount. The penalty for the offense shall be determined as follows: possession of drugs is a misdemeanor of the third degree or, if the offender previously has been convicted of a drug abuse offense, a misdemeanor of the second degree. If the drug involved in the violation is an anabolic steroid included in Schedule III and if the offense is a misdemeanor of the third degree under this subsection, in lieu of . sentencing the offender to a term of imprisonment in a detention facility, the court may place the offender on conditional probation pursuant to Ohio R.C. 2925.11(F) or 2951.02(F). (2) If the drug involved in the violation is marihuana or a compound, mixture, preparation, or substance coiitaining marihuana other than hashish, whoever violates subsection (a) hereof is guilty of possession of marihuana. Possession of marihuana is a misdemeanor if the amount of the drug involved does not exceed 200 grams. The penalty for the offense shall be determined as follows: