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32C Drug Abuse Control 513.03 <br />G. Instructions, oral or written, ..provided. with the object: concerning. its <br />use; , <br />H. Descriptive materials accompanying the objec~t.:which ,explain or <br />depict its use; ' <br />I. National and local advertising concerning its use; . <br />J. The manner in which the object is displayed for sale; <br />K. Whether the owner, or anyone in control of the object, is a <br />legitimate supplier of like or relating items to the community, such <br />as a licensed distributor or dealer. of tobacco products;` <br />L. Direct or circumstantial evidence of the ratio of sales of the object(s) <br />to the total sales of the business enterprise; <br />M. The existence and scope of legitimate, uses for ,the object in the <br />community; <br />1`1. Expert testimony concerning its use. <br />(Ord. 88-15. Passed 6-20-88.) ' <br />513.02 GIFT OF MARIHUANA. <br />(a) No person shall knowingly give or offer to make a gift of twenty grams or less of <br />marihuana. <br />(b) Whoever violates this section is guilty of trafficking in marihuana, a minor mis- <br />demeanor for the first offense and a misdemeanor of the third degree for any subsequent . <br />offense. (ORC 2925.03) <br />513.03 DRUG ABUSE; CONTROLLED SUBSTAIV'CE POSSESSION OR USE. <br />(a) No person shall knowingly obtain, possess or use a controlled substance. <br />(b) This section does not apply to manufact~.irers, practitioners, pharmacists, <br />owners of pharmacies and other persons whose conduct was in accordance with Ohio R.C. <br />Chapters 3719, 4715, 4729, 4731 and 4741. This section does not apply to any person who <br />obtained the controlled substance pursuant to a prescription issued by a practitioner, where <br />the drug is in the original container in which it was dispensed to such person. <br />(c) Whoever violates this section is guilty of drug abuse: <br />(1) If the drug involved is a compound, mixture, preparation or substance <br />included in Schedule III, IV or V, drug abuse is a misdemeanor of the third <br />degree, and if the offender has previously been convicted of a drug abuse <br />offense, drug abuse is a misdemeanor of the second degree. <br />(2) If the drug is marihuana and the amount is less than the bulk amount as <br />deftned in Section 513.01 (s) (3), drug abuse is a misdemeanor of the fourth <br />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, <br />is 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 />1990 Replacement <br />