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„~.,. <br />Ordinance No. 2009-80 <br /> <br />(c) Whoever violates subsection (a) hereof is guilty of one of the following: <br />(1) If the drug involved in the violation is a compound, mixture, preparation, or <br />substance included in Schedule III, IV, or V, whoever violates subsection (a) <br />hereof is guilty of possession of drugs. Possession of drugs is a <br />misdemeanor if the amount of the drug involved does not exceed the bulk <br />amount. The penalty for the offense shall be determined as follows: <br />possession of drugs is a misdemeanor of the third degree or, if the offender <br />previously has been convicted of a drug abuse offense, a misdemeanor of the <br />second degree. If the drug involved in the violation is an anabolic steroid <br />included in Schedule III and if the offense is a misdemeanor of the third <br />degree under this subsection, in lieu of sentencing the offender to a term of <br />imprisonment in a detention facility, the court may place the offender on <br />conditional probation pursuant to Ohio R.C. 2951.02(F). <br />(2) If the drug involved in the violation is marihuana or a compound, mixture, <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. Offenders shall <br />be fined not less than One hundred dollars ($100.00). <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. Offenders shall be fined not less than Two <br />hundred dollars ($200.00). <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 />SECTION 4: That all ordinances, and parts of ordinances, inconsistent or in <br />conflict with this Ordinance, shall, to the extent of such inconsistency or conflict, be <br />repealed. <br />32 <br />