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2009-080 Ordinance
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2009-080 Ordinance
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Last modified
1/16/2014 10:56:15 AM
Creation date
1/15/2014 4:31:31 AM
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North Olmsted Legislation
Legislation Number
2009-080
Legislation Date
8/19/2009
Year
2009
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,~. <br />Ordinance No. 2009-80 <br />preparation, or substance containing marihuana other than hashish, whoever <br />violates subsection (a) hereof is guilty of possession of marihuana. <br />Possession of marihuana is a misdemeanor if the amount of the drug <br />involved does not exceed 200 grams. The penalty for the offense shall be <br />determined as follows: <br />A. Except as otherwise provided in subsection (c) (2) B. hereof, <br />possession of marihuana is a minor misdemeanor. <br />B. If the amount of the drug involved equals or exceeds 100 grams but <br />is less than 200 grams, possession of marihuana is a misdemeanor <br />of the fourth degree. <br />(3) If the drug involved in the violation is hashish or a compound, mixture, <br />preparation, or substance containing hashish, whoever violates subsection (a) <br />hereof is guilty of possession of hashish. Possession of hashish is a <br />misdemeanor if the amount of the drug involved does not exceed the <br />maximum amount specified in subsection (c) (3) B. hereof. The penalty for <br />the offense shall be determined as follows: <br />A. Except as otherwise provided in subsection (c) (3) B. hereof, <br />possession of hashish is a minor misdemeanor. <br />B. If the amount of the drug involved equals or exceeds five grams but <br />is less than ten grams of hashish in a solid form or equals or <br />exceeds one gram but is less than two grams of hashish in a liquid <br />concentrate, liquid extract, or liquid distillate form, possession of <br />hashish is a misdemeanor of the fourth degree. <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 <br />convicted 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 <br />privilege, or made in connection with the person's appearance as a witness. <br />(ORC 2925.11) <br />BE AMENDED, AND, AS AMENDED, SHALL READ AS FOLLOWS: <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 the following: <br />(1) Manufacturers, licensed health professionals authorized to prescribe drugs, <br />pharmacists, owners of pharmacies and other persons whose conduct was in <br />accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4730, 4731 and <br />4741. <br />(2) If the offense involves an anabolic steroid, any person who is conducting or <br />participating in a research project involving the use of an anabolic steroid if <br />the project has been approved by the United States Food and Drug <br />Administration; <br />(3) Any person who sells, offers for sale, prescribes, dispenses or administers <br />for livestock or other nonhuman species an anabolic steroid that is expressly <br />intended for administration through implants to livestock or other nonhuman <br />species and approved for that purpose under the "Federal Food, Drug and <br />Cosmetic Act", 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is <br />sold, offered for sale, prescribed, dispensed or administered for that purpose <br />in accordance with that Act; <br />(4) Any person who obtained the controlled substance pursuant to a prescription <br />issued by a licensed health professional authorized to prescribe drugs. <br />31 <br />
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