1996 026 Ordinance - Laserfiche WebLink

Home Browse Search

A. Except as otherwise provided in subsection (c)(2)B. hereof, possession of marihuana is a minor misdemeanor. B. If the amount of the drug involved equals or exceeds 100 grams but does not exceed 200 grams, possession of marihuana is a misdemeanor of the fourth degree. (3) If the drug involved in the violation is hashish or a compound, mixture, preparation, or substance containing hashish, whoever violates subsection (a) hereof is guilty of possession of hashish. Possession of hashish is a misdemeanor if the amount of the drug involved does not exceed the maximum amount specified in subsecrion (c)(3)B. hereof. The penalty for the offense shall be determined as follows: A. Except as otherwise provided in subsection (c)(3)B. hereof, possession of hashish is a minor misdemeanor. B. If the amount of the drug involved equals or exceeds five grams but does not exceed ten grams of hashish in a solid form or equals or exceeds one gram but does not exceed two grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form, possession of hashish is a misdemeanor of the fourth degree. (d) Arrest or conviction for a minor misdemeanor violation of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person's criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person's appearance as a witness. (e) It is an affirmarive defense to a charge of possessing marihuana under this section that the offender, pursuant to the prior written recommendation of a licensed physician, possessed the marihuana solely for medicinal purposes. (ORC 2925.11) Section 5. Section 513.04 of the General Offenses Code is hereby amended to read as follows: _ 513.04 POSSESSING DRUG ABUSE INSTRUMENTS. (a) No person shall knowingly make, obtain, possess or use any instrument, article or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use. _ (b) This section does not apply to 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. (c) Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, violation of this section is a misdemeanor of the first degree. (ORC 2925.12) Section 6. Section 513.05 of the General Offenses Code is hereby amended to read as follows: