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35 Drua Abuse Control 513.06 <br />(h) Whoever violates any of the provisions of subsection (a), (b) or (c) hereof is guilty <br />of a misdemeanor of the second degree. If the offender has previously been convicted of a <br />violation of subsection (a), (b) or (c) hereof, any subsequent violation of the same subsection is <br />a misdemeanor of the first degree. Whoever violates any of the. provisions of subsection (d) hereof <br />is guilty of a misdemeanor of the first degree. <br />(Ord. 88-15. Passed 6-20-88.) <br />513.05 PERMITTING DRUG ABUSE. <br />(a) No person, who is the owner, operator or person in charge of a locomotive, <br />watercraft, aircraft or other vehicle as defined in Ohio R. C 4501.01(A), shall knowingly permit <br />the vehicle to be used for the commission of a felony drug abuse offense. <br />(b) No person, who is the owner, lessee or occupant, or who has custody, control or <br />supervision of premises, or real estate, including vacant land, shall knowingly permit the <br />premises, or real estate, including vacant land, to be used for the commission of a felony drug <br />abuse offense by another person. <br />(c) Whoever violates this section is guilty of permitting drug abuse, a misdemeanor of <br />the first degree. If the felony drug abuse offense in question is a violation of Ohio R.C. 2925.02 <br />or 2925.03 that was committed in the vicinity of a school or in the vicinity of a juvenile, <br />permitting drug abuse is a felony and shall be prosecuted under appropriate State law. <br />(ORC 2925.13; Ord. 96-26. Passed 8-5-96.) <br />513.06 ILLEGAL CULTIVATION OF MARIHUANA. <br />(a) No person shall knowingly cultivate marihuana. <br />(b) This section does not apply to any person listed in Ohio R.C. 2925.03(B)(1) to (3) <br />to the extent and under the circumstances described in those divisions. <br />(c) Whoever commits a violation of subsection (a) hereof is guilty of illegal cultivation <br />of marihuana. Illegal cultivation of marihuana is a misdemeanor if the amount of marihuana <br />involved does not exceed 200 grams. <br />(1) Except as otherwise provided in subsection (c)(2) hereof, illegal cultivation <br />of marihuana is a minor misdemeanor. <br />(2) If the amount of marihuana involved equals or exceeds 100 grams but is <br />less than 200 grams, illegal cultivation of marihuana is a misdemeanor of <br />the fourth degree. <br />(d) It is an affirmative defense, as provided in Ohio R.C. 2901.05, to a charge under <br />this section for illegal cultivation of marihuana that the marihuana that gave rise to the charge is <br />in an amount, is in a form, is prepared, compounded, or mixed with substances that are not <br />controlled substances in a manner, or is possessed or cultivated under any other circumstances that <br />indicate that the marihuana was solely for personal use. <br />(e) Arrest or conviction for a minor misdemeanor violation of this section does not <br />constitute a criminal record and need not be reported by the person so arrested or convicted in <br />response to any inquiries about the person's criminal record, including any inquiries contained in <br />an application for employment, a license, or any other right or privilege or made in connection <br />with the person's appearance as a witness. <br />(ORC 2925.04; Ord. 96-26. Passed 8-5-96.) <br />2000 Replacement <br />