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~ w <br />25 Drug Abuse Control 513.03 <br />(z) "Standard Pharmaceutical Reference Manual" means the current edition, with <br />cumulative changes if any, of any of the following reference works: <br />(1) "The National Formulary"; <br />(2) "The United States Pharmacopeia", prepared by authority of the United States <br />Pharmacopeial Convention, Inc. ; <br />(3) Such other standard references as approved by the State Board of Pharmacy. <br />(ORC 2925.01) <br />513.02 GIFT OF MARIHiJANA. <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 SUBSTANCE POSSESSION OR USE. <br />(a) No person shall knowingly obtain, possess or use a controlled substance. <br />(b) This section does not apply to manufacturers, 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 />defined in Section 513.01(q)(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 />(d) 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 con- <br />victed in response to any inquiries about the person's criminal record, including any <br />inquiries contained in any application for employment, license or other right or privilege, <br />or made in connection with the person's appearance as a witness. <br />(ORC 2925.11) <br />_ W~+~as~,., . <br />