As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 251

Representative Barborak 

Cosponsors: Representatives Conditt, O'Brien, Pillich, Rogers, Butler, Celebrezze 

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A BILL

To amend sections 2925.02, 2925.03, 2925.06, 2925.11,

1

2925.13, 2925.22, 2925.23, 2925.36, 2925.37,

2

2929.13, 2951.041, and 2953.08 of the Revised Code

3

to eliminate the special sentencing mechanism that

4

applies for most felonies of the fourth and fifth

5

degree and that generally provides for a community

6

control sanction for such offenses.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2925.02, 2925.03, 2925.06, 2925.11,	8
2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 2929.13, 2951.041,	9
and 2953.08 of the Revised Code be amended to read as follows:	10

Sec. 2925.02.  (A) No person shall knowingly do any of the	11
following:	12

(1) By force, threat, or deception, administer to another or	13
induce or cause another to use a controlled substance;	14

(2) By any means, administer or furnish to another or induce	15
or cause another to use a controlled substance with purpose to	16
cause serious physical harm to the other person, or with purpose	17
to cause the other person to become drug dependent;	18

(3) By any means, administer or furnish to another or induce	19
or cause another to use a controlled substance, and thereby cause	20
serious physical harm to the other person, or cause the other	21
person to become drug dependent;	22

(4) By any means, do any of the following:

23

(a) Furnish or administer a controlled substance to a	24
juvenile who is at least two years the offender's junior, when the	25
offender knows the age of the juvenile or is reckless in that	26
regard;	27

(b) Induce or cause a juvenile who is at least two years the	28
offender's junior to use a controlled substance, when the offender	29
knows the age of the juvenile or is reckless in that regard;	30

(c) Induce or cause a juvenile who is at least two years the	31
offender's junior to commit a felony drug abuse offense, when the	32
offender knows the age of the juvenile or is reckless in that	33
regard;	34

(d) Use a juvenile, whether or not the offender knows the age	35
of the juvenile, to perform any surveillance activity that is	36
intended to prevent the detection of the offender or any other	37
person in the commission of a felony drug abuse offense or to	38
prevent the arrest of the offender or any other person for the	39
commission of a felony drug abuse offense.	40

(B) Division (A)(1), (3), or (4) of this section does not	41
apply to manufacturers, wholesalers, licensed health professionals	42
authorized to prescribe drugs, pharmacists, owners of pharmacies,	43
and other persons whose conduct is in accordance with Chapters	44
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	45
Code.	46

(C) Whoever violates this section is guilty of corrupting	47
another with drugs. The penalty for the offense shall be	48
determined as follows:	49

(1) Except as otherwise provided in this division, if the	50
drug involved is any compound, mixture, preparation, or substance	51
included in schedule I or II, with the exception of marihuana,	52
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	53
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	54
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	55
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	56
corrupting another with drugs is a felony of the second degree,	57
and, subject to division (E) of this section, the court shall	58
impose as a mandatory prison term one of the prison terms	59
prescribed for a felony of the second degree. If the drug involved	60
is any compound, mixture, preparation, or substance included in	61
schedule I or II, with the exception of marihuana,	62
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	63
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	64
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	65
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	66
if the offense was committed in the vicinity of a school,	67
corrupting another with drugs is a felony of the first degree,	68
and, subject to division (E) of this section, the court shall	69
impose as a mandatory prison term one of the prison terms	70
prescribed for a felony of the first degree.	71

(2) Except as otherwise provided in this division, if the	72
drug involved is any compound, mixture, preparation, or substance	73
included in schedule III, IV, or V, corrupting another with drugs	74
is a felony of the second degree, and there is a presumption for a	75
prison term for the offense. If the drug involved is any compound,	76
mixture, preparation, or substance included in schedule III, IV,	77
or V and if the offense was committed in the vicinity of a school,	78
corrupting another with drugs is a felony of the second degree,	79
and the court shall impose as a mandatory prison term one of the	80
prison terms prescribed for a felony of the second degree.	81

(3) Except as otherwise provided in this division, if the	82
drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	83
1-Butyl-3-(1-naphthoyl)indole,	84
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	85
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	86
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	87
corrupting another with drugs is a felony of the fourth degree,	88
and division (C)(B) of section 2929.13 of the Revised Code applies	89
in determining whether to impose a prison term on the offender. If	90
the drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	91
1-Butyl-3-(1-naphthoyl)indole,	92
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	93
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	94
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	95
if the offense was committed in the vicinity of a school,	96
corrupting another with drugs is a felony of the third degree, and	97
division (C) of section 2929.13 of the Revised Code applies in	98
determining whether to impose a prison term on the offender.	99

(D) In addition to any prison term authorized or required by	100
division (C) or (E) of this section and sections 2929.13 and	101
2929.14 of the Revised Code and in addition to any other sanction	102
imposed for the offense under this section or sections 2929.11 to	103
2929.18 of the Revised Code, the court that sentences an offender	104
who is convicted of or pleads guilty to a violation of division	105
(A) of this section or the clerk of that court shall do all of the	106
following that are applicable regarding the offender:	107

(1)(a) If the violation is a felony of the first, second, or	108
third degree, the court shall impose upon the offender the	109
mandatory fine specified for the offense under division (B)(1) of	110
section 2929.18 of the Revised Code unless, as specified in that	111
division, the court determines that the offender is indigent.	112

(b) Notwithstanding any contrary provision of section 3719.21	113
of the Revised Code, any mandatory fine imposed pursuant to	114
division (D)(1)(a) of this section and any fine imposed for a	115
violation of this section pursuant to division (A) of section	116
2929.18 of the Revised Code shall be paid by the clerk of the	117
court in accordance with and subject to the requirements of, and	118
shall be used as specified in, division (F) of section 2925.03 of	119
the Revised Code.	120

(c) If a person is charged with any violation of this section	121
that is a felony of the first, second, or third degree, posts	122
bail, and forfeits the bail, the forfeited bail shall be paid by	123
the clerk of the court pursuant to division (D)(1)(b) of this	124
section as if it were a fine imposed for a violation of this	125
section.	126

(2) The court shall suspend for not less than six months nor	127
more than five years the offender's driver's or commercial	128
driver's license or permit. If an offender's driver's or	129
commercial driver's license or permit is suspended pursuant to	130
this division, the offender, at any time after the expiration of	131
two years from the day on which the offender's sentence was	132
imposed or from the day on which the offender finally was released	133
from a prison term under the sentence, whichever is later, may	134
file a motion with the sentencing court requesting termination of	135
the suspension. Upon the filing of the motion and the court's	136
finding of good cause for the termination, the court may terminate	137
the suspension.	138

(3) If the offender is a professionally licensed person, in	139
addition to any other sanction imposed for a violation of this	140
section, the court immediately shall comply with section 2925.38	141
of the Revised Code.	142

(E) Notwithstanding the prison term otherwise authorized or	143
required for the offense under division (C) of this section and	144
sections 2929.13 and 2929.14 of the Revised Code, if the violation	145
of division (A) of this section involves the sale, offer to sell,	146
or possession of a schedule I or II controlled substance, with the	147
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	148
1-Butyl-3-(1-naphthoyl)indole,	149
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	150
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	151
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	152
if the court imposing sentence upon the offender finds that the	153
offender as a result of the violation is a major drug offender and	154
is guilty of a specification of the type described in section	155
2941.1410 of the Revised Code, the court, in lieu of the prison	156
term that otherwise is authorized or required, shall impose upon	157
the offender the mandatory prison term specified in division	158
(B)(3)(a) of section 2929.14 of the Revised Code.	159

Sec. 2925.03.  (A) No person shall knowingly do any of the	160
following:	161

(1) Sell or offer to sell a controlled substance or a	162
controlled substance analog;	163

(2) Prepare for shipment, ship, transport, deliver, prepare	164
for distribution, or distribute a controlled substance or a	165
controlled substance analog, when the offender knows or has	166
reasonable cause to believe that the controlled substance or a	167
controlled substance analog is intended for sale or resale by the	168
offender or another person.	169

(B) This section does not apply to any of the following:

170

(1) Manufacturers, licensed health professionals authorized	171
to prescribe drugs, pharmacists, owners of pharmacies, and other	172
persons whose conduct is in accordance with Chapters 3719., 4715.,	173
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	174

(2) If the offense involves an anabolic steroid, any person	175
who is conducting or participating in a research project involving	176
the use of an anabolic steroid if the project has been approved by	177
the United States food and drug administration;	178

(3) Any person who sells, offers for sale, prescribes,	179
dispenses, or administers for livestock or other nonhuman species	180
an anabolic steroid that is expressly intended for administration	181
through implants to livestock or other nonhuman species and	182
approved for that purpose under the "Federal Food, Drug, and	183
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	184
and is sold, offered for sale, prescribed, dispensed, or	185
administered for that purpose in accordance with that act.	186

(C) Whoever violates division (A) of this section is guilty	187
of one of the following:	188

(1) If the drug involved in the violation is any compound,	189
mixture, preparation, or substance included in schedule I or	190
schedule II, with the exception of marihuana, cocaine, L.S.D.,	191
heroin, hashish, and controlled substance analogs, whoever	192
violates division (A) of this section is guilty of aggravated	193
trafficking in drugs. The penalty for the offense shall be	194
determined as follows:	195

(a) Except as otherwise provided in division (C)(1)(b), (c),	196
(d), (e), or (f) of this section, aggravated trafficking in drugs	197
is a felony of the fourth degree, and division (C)(B) of section	198
2929.13 of the Revised Code applies in determining whether to	199
impose a prison term on the offender.	200

(b) Except as otherwise provided in division (C)(1)(c), (d),	201
(e), or (f) of this section, if the offense was committed in the	202
vicinity of a school or in the vicinity of a juvenile, aggravated	203
trafficking in drugs is a felony of the third degree, and division	204
(C) of section 2929.13 of the Revised Code applies in determining	205
whether to impose a prison term on the offender.	206

(c) Except as otherwise provided in this division, if the	207
amount of the drug involved equals or exceeds the bulk amount but	208
is less than five times the bulk amount, aggravated trafficking in	209
drugs is a felony of the third degree, and, except as otherwise	210
provided in this division, there is a presumption for a prison	211
term for the offense. If aggravated trafficking in drugs is a	212
felony of the third degree under this division and if the offender	213
two or more times previously has been convicted of or pleaded	214
guilty to a felony drug abuse offense, the court shall impose as a	215
mandatory prison term one of the prison terms prescribed for a	216
felony of the third degree. If the amount of the drug involved is	217
within that range and if the offense was committed in the vicinity	218
of a school or in the vicinity of a juvenile, aggravated	219
trafficking in drugs is a felony of the second degree, and the	220
court shall impose as a mandatory prison term one of the prison	221
terms prescribed for a felony of the second degree.	222

(d) Except as otherwise provided in this division, if the	223
amount of the drug involved equals or exceeds five times the bulk	224
amount but is less than fifty times the bulk amount, aggravated	225
trafficking in drugs is a felony of the second degree, and the	226
court shall impose as a mandatory prison term one of the prison	227
terms prescribed for a felony of the second degree. If the amount	228
of the drug involved is within that range and if the offense was	229
committed in the vicinity of a school or in the vicinity of a	230
juvenile, aggravated trafficking in drugs is a felony of the first	231
degree, and the court shall impose as a mandatory prison term one	232
of the prison terms prescribed for a felony of the first degree.	233

(e) If the amount of the drug involved equals or exceeds	234
fifty times the bulk amount but is less than one hundred times the	235
bulk amount and regardless of whether the offense was committed in	236
the vicinity of a school or in the vicinity of a juvenile,	237
aggravated trafficking in drugs is a felony of the first degree,	238
and the court shall impose as a mandatory prison term one of the	239
prison terms prescribed for a felony of the first degree.	240

(f) If the amount of the drug involved equals or exceeds one	241
hundred times the bulk amount and regardless of whether the	242
offense was committed in the vicinity of a school or in the	243
vicinity of a juvenile, aggravated trafficking in drugs is a	244
felony of the first degree, the offender is a major drug offender,	245
and the court shall impose as a mandatory prison term the maximum	246
prison term prescribed for a felony of the first degree.	247

(2) If the drug involved in the violation is any compound,	248
mixture, preparation, or substance included in schedule III, IV,	249
or V, whoever violates division (A) of this section is guilty of	250
trafficking in drugs. The penalty for the offense shall be	251
determined as follows:	252

(a) Except as otherwise provided in division (C)(2)(b), (c),	253
(d), or (e) of this section, trafficking in drugs is a felony of	254
the fifth degree, and division (B) of section 2929.13 of the	255
Revised Code applies in determining whether to impose a prison	256
term on the offender.	257

(b) Except as otherwise provided in division (C)(2)(c), (d),	258
or (e) of this section, if the offense was committed in the	259
vicinity of a school or in the vicinity of a juvenile, trafficking	260
in drugs is a felony of the fourth degree, and division (C)(B) of	261
section 2929.13 of the Revised Code applies in determining whether	262
to impose a prison term on the offender.	263

(c) Except as otherwise provided in this division, if the	264
amount of the drug involved equals or exceeds the bulk amount but	265
is less than five times the bulk amount, trafficking in drugs is a	266
felony of the fourth degree, and division (B) of section 2929.13	267
of the Revised Code applies in determining whether to impose a	268
prison term for the offense. If the amount of the drug involved is	269
within that range and if the offense was committed in the vicinity	270
of a school or in the vicinity of a juvenile, trafficking in drugs	271
is a felony of the third degree, and there is a presumption for a	272
prison term for the offense.	273

(d) Except as otherwise provided in this division, if the	274
amount of the drug involved equals or exceeds five times the bulk	275
amount but is less than fifty times the bulk amount, trafficking	276
in drugs is a felony of the third degree, and there is a	277
presumption for a prison term for the offense. If the amount of	278
the drug involved is within that range and if the offense was	279
committed in the vicinity of a school or in the vicinity of a	280
juvenile, trafficking in drugs is a felony of the second degree,	281
and there is a presumption for a prison term for the offense.	282

(e) Except as otherwise provided in this division, if the	283
amount of the drug involved equals or exceeds fifty times the bulk	284
amount, trafficking in drugs is a felony of the second degree, and	285
the court shall impose as a mandatory prison term one of the	286
prison terms prescribed for a felony of the second degree. If the	287
amount of the drug involved equals or exceeds fifty times the bulk	288
amount and if the offense was committed in the vicinity of a	289
school or in the vicinity of a juvenile, trafficking in drugs is a	290
felony of the first degree, and the court shall impose as a	291
mandatory prison term one of the prison terms prescribed for a	292
felony of the first degree.	293

(3) If the drug involved in the violation is marihuana or a	294
compound, mixture, preparation, or substance containing marihuana	295
other than hashish, whoever violates division (A) of this section	296
is guilty of trafficking in marihuana. The penalty for the offense	297
shall be determined as follows:	298

(a) Except as otherwise provided in division (C)(3)(b), (c),	299
(d), (e), (f), (g), or (h) of this section, trafficking in	300
marihuana is a felony of the fifth degree, and division (B) of	301
section 2929.13 of the Revised Code applies in determining whether	302
to impose a prison term on the offender.	303

(b) Except as otherwise provided in division (C)(3)(c), (d),	304
(e), (f), (g), or (h) of this section, if the offense was	305
committed in the vicinity of a school or in the vicinity of a	306
juvenile, trafficking in marihuana is a felony of the fourth	307
degree, and division (B) of section 2929.13 of the Revised Code	308
applies in determining whether to impose a prison term on the	309
offender.	310

(c) Except as otherwise provided in this division, if the	311
amount of the drug involved equals or exceeds two hundred grams	312
but is less than one thousand grams, trafficking in marihuana is a	313
felony of the fourth degree, and division (B) of section 2929.13	314
of the Revised Code applies in determining whether to impose a	315
prison term on the offender. If the amount of the drug involved is	316
within that range and if the offense was committed in the vicinity	317
of a school or in the vicinity of a juvenile, trafficking in	318
marihuana is a felony of the third degree, and division (C) of	319
section 2929.13 of the Revised Code applies in determining whether	320
to impose a prison term on the offender.	321

(d) Except as otherwise provided in this division, if the	322
amount of the drug involved equals or exceeds one thousand grams	323
but is less than five thousand grams, trafficking in marihuana is	324
a felony of the third degree, and division (C) of section 2929.13	325
of the Revised Code applies in determining whether to impose a	326
prison term on the offender. If the amount of the drug involved is	327
within that range and if the offense was committed in the vicinity	328
of a school or in the vicinity of a juvenile, trafficking in	329
marihuana is a felony of the second degree, and there is a	330
presumption that a prison term shall be imposed for the offense.	331

(e) Except as otherwise provided in this division, if the	332
amount of the drug involved equals or exceeds five thousand grams	333
but is less than twenty thousand grams, trafficking in marihuana	334
is a felony of the third degree, and there is a presumption that a	335
prison term shall be imposed for the offense. If the amount of the	336
drug involved is within that range and if the offense was	337
committed in the vicinity of a school or in the vicinity of a	338
juvenile, trafficking in marihuana is a felony of the second	339
degree, and there is a presumption that a prison term shall be	340
imposed for the offense.	341

(f) Except as otherwise provided in this division, if the	342
amount of the drug involved equals or exceeds twenty thousand	343
grams but is less than forty thousand grams, trafficking in	344
marihuana is a felony of the second degree, and the court shall	345
impose a mandatory prison term of five, six, seven, or eight	346
years. If the amount of the drug involved is within that range and	347
if the offense was committed in the vicinity of a school or in the	348
vicinity of a juvenile, trafficking in marihuana is a felony of	349
the first degree, and the court shall impose as a mandatory prison	350
term the maximum prison term prescribed for a felony of the first	351
degree.	352

(g) Except as otherwise provided in this division, if the	353
amount of the drug involved equals or exceeds forty thousand	354
grams, trafficking in marihuana is a felony of the second degree,	355
and the court shall impose as a mandatory prison term the maximum	356
prison term prescribed for a felony of the second degree. If the	357
amount of the drug involved equals or exceeds forty thousand grams	358
and if the offense was committed in the vicinity of a school or in	359
the vicinity of a juvenile, trafficking in marihuana is a felony	360
of the first degree, and the court shall impose as a mandatory	361
prison term the maximum prison term prescribed for a felony of the	362
first degree.	363

(h) Except as otherwise provided in this division, if the	364
offense involves a gift of twenty grams or less of marihuana,	365
trafficking in marihuana is a minor misdemeanor upon a first	366
offense and a misdemeanor of the third degree upon a subsequent	367
offense. If the offense involves a gift of twenty grams or less of	368
marihuana and if the offense was committed in the vicinity of a	369
school or in the vicinity of a juvenile, trafficking in marihuana	370
is a misdemeanor of the third degree.	371

(4) If the drug involved in the violation is cocaine or a	372
compound, mixture, preparation, or substance containing cocaine,	373
whoever violates division (A) of this section is guilty of	374
trafficking in cocaine. The penalty for the offense shall be	375
determined as follows:	376

(a) Except as otherwise provided in division (C)(4)(b), (c),	377
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	378
felony of the fifth degree, and division (B) of section 2929.13 of	379
the Revised Code applies in determining whether to impose a prison	380
term on the offender.	381

(b) Except as otherwise provided in division (C)(4)(c), (d),	382
(e), (f), or (g) of this section, if the offense was committed in	383
the vicinity of a school or in the vicinity of a juvenile,	384
trafficking in cocaine is a felony of the fourth degree, and	385
division (C)(B) of section 2929.13 of the Revised Code applies in	386
determining whether to impose a prison term on the offender.	387

(c) Except as otherwise provided in this division, if the	388
amount of the drug involved equals or exceeds five grams but is	389
less than ten grams of cocaine, trafficking in cocaine is a felony	390
of the fourth degree, and division (B) of section 2929.13 of the	391
Revised Code applies in determining whether to impose a prison	392
term for the offense. If the amount of the drug involved is within	393
that range and if the offense was committed in the vicinity of a	394
school or in the vicinity of a juvenile, trafficking in cocaine is	395
a felony of the third degree, and there is a presumption for a	396
prison term for the offense.	397

(d) Except as otherwise provided in this division, if the	398
amount of the drug involved equals or exceeds ten grams but is	399
less than twenty grams of cocaine, trafficking in cocaine is a	400
felony of the third degree, and, except as otherwise provided in	401
this division, there is a presumption for a prison term for the	402
offense. If trafficking in cocaine is a felony of the third degree	403
under this division and if the offender two or more times	404
previously has been convicted of or pleaded guilty to a felony	405
drug abuse offense, the court shall impose as a mandatory prison	406
term one of the prison terms prescribed for a felony of the third	407
degree. If the amount of the drug involved is within that range	408
and if the offense was committed in the vicinity of a school or in	409
the vicinity of a juvenile, trafficking in cocaine is a felony of	410
the second degree, and the court shall impose as a mandatory	411
prison term one of the prison terms prescribed for a felony of the	412
second degree.	413

(e) Except as otherwise provided in this division, if the	414
amount of the drug involved equals or exceeds twenty grams but is	415
less than twenty-seven grams of cocaine, trafficking in cocaine is	416
a felony of the second degree, and the court shall impose as a	417
mandatory prison term one of the prison terms prescribed for a	418
felony of the second degree. If the amount of the drug involved is	419
within that range and if the offense was committed in the vicinity	420
of a school or in the vicinity of a juvenile, trafficking in	421
cocaine is a felony of the first degree, and the court shall	422
impose as a mandatory prison term one of the prison terms	423
prescribed for a felony of the first degree.	424

(f) If the amount of the drug involved equals or exceeds	425
twenty-seven grams but is less than one hundred grams of cocaine	426
and regardless of whether the offense was committed in the	427
vicinity of a school or in the vicinity of a juvenile, trafficking	428
in cocaine is a felony of the first degree, and the court shall	429
impose as a mandatory prison term one of the prison terms	430
prescribed for a felony of the first degree.	431

(g) If the amount of the drug involved equals or exceeds one	432
hundred grams of cocaine and regardless of whether the offense was	433
committed in the vicinity of a school or in the vicinity of a	434
juvenile, trafficking in cocaine is a felony of the first degree,	435
the offender is a major drug offender, and the court shall impose	436
as a mandatory prison term the maximum prison term prescribed for	437
a felony of the first degree.	438

(5) If the drug involved in the violation is L.S.D. or a	439
compound, mixture, preparation, or substance containing L.S.D.,	440
whoever violates division (A) of this section is guilty of	441
trafficking in L.S.D. The penalty for the offense shall be	442
determined as follows:	443

(a) Except as otherwise provided in division (C)(5)(b), (c),	444
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	445
felony of the fifth degree, and division (B) of section 2929.13 of	446
the Revised Code applies in determining whether to impose a prison	447
term on the offender.	448

(b) Except as otherwise provided in division (C)(5)(c), (d),	449
(e), (f), or (g) of this section, if the offense was committed in	450
the vicinity of a school or in the vicinity of a juvenile,	451
trafficking in L.S.D. is a felony of the fourth degree, and	452
division (C)(B) of section 2929.13 of the Revised Code applies in	453
determining whether to impose a prison term on the offender.	454

(c) Except as otherwise provided in this division, if the	455
amount of the drug involved equals or exceeds ten unit doses but	456
is less than fifty unit doses of L.S.D. in a solid form or equals	457
or exceeds one gram but is less than five grams of L.S.D. in a	458
liquid concentrate, liquid extract, or liquid distillate form,	459
trafficking in L.S.D. is a felony of the fourth degree, and	460
division (B) of section 2929.13 of the Revised Code applies in	461
determining whether to impose a prison term for the offense. If	462
the amount of the drug involved is within that range and if the	463
offense was committed in the vicinity of a school or in the	464
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	465
third degree, and there is a presumption for a prison term for the	466
offense.	467

(d) Except as otherwise provided in this division, if the	468
amount of the drug involved equals or exceeds fifty unit doses but	469
is less than two hundred fifty unit doses of L.S.D. in a solid	470
form or equals or exceeds five grams but is less than twenty-five	471
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	472
distillate form, trafficking in L.S.D. is a felony of the third	473
degree, and, except as otherwise provided in this division, there	474
is a presumption for a prison term for the offense. If trafficking	475
in L.S.D. is a felony of the third degree under this division and	476
if the offender two or more times previously has been convicted of	477
or pleaded guilty to a felony drug abuse offense, the court shall	478
impose as a mandatory prison term one of the prison terms	479
prescribed for a felony of the third degree. If the amount of the	480
drug involved is within that range and if the offense was	481
committed in the vicinity of a school or in the vicinity of a	482
juvenile, trafficking in L.S.D. is a felony of the second degree,	483
and the court shall impose as a mandatory prison term one of the	484
prison terms prescribed for a felony of the second degree.	485

(e) Except as otherwise provided in this division, if the	486
amount of the drug involved equals or exceeds two hundred fifty	487
unit doses but is less than one thousand unit doses of L.S.D. in a	488
solid form or equals or exceeds twenty-five grams but is less than	489
one hundred grams of L.S.D. in a liquid concentrate, liquid	490
extract, or liquid distillate form, trafficking in L.S.D. is a	491
felony of the second degree, and the court shall impose as a	492
mandatory prison term one of the prison terms prescribed for a	493
felony of the second degree. If the amount of the drug involved is	494
within that range and if the offense was committed in the vicinity	495
of a school or in the vicinity of a juvenile, trafficking in	496
L.S.D. is a felony of the first degree, and the court shall impose	497
as a mandatory prison term one of the prison terms prescribed for	498
a felony of the first degree.	499

(f) If the amount of the drug involved equals or exceeds one	500
thousand unit doses but is less than five thousand unit doses of	501
L.S.D. in a solid form or equals or exceeds one hundred grams but	502
is less than five hundred grams of L.S.D. in a liquid concentrate,	503
liquid extract, or liquid distillate form and regardless of	504
whether the offense was committed in the vicinity of a school or	505
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	506
of the first degree, and the court shall impose as a mandatory	507
prison term one of the prison terms prescribed for a felony of the	508
first degree.	509

(g) If the amount of the drug involved equals or exceeds five	510
thousand unit doses of L.S.D. in a solid form or equals or exceeds	511
five hundred grams of L.S.D. in a liquid concentrate, liquid	512
extract, or liquid distillate form and regardless of whether the	513
offense was committed in the vicinity of a school or in the	514
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	515
first degree, the offender is a major drug offender, and the court	516
shall impose as a mandatory prison term the maximum prison term	517
prescribed for a felony of the first degree.	518

(6) If the drug involved in the violation is heroin or a	519
compound, mixture, preparation, or substance containing heroin,	520
whoever violates division (A) of this section is guilty of	521
trafficking in heroin. The penalty for the offense shall be	522
determined as follows:	523

(a) Except as otherwise provided in division (C)(6)(b), (c),	524
(d), (e), (f), or (g) of this section, trafficking in heroin is a	525
felony of the fifth degree, and division (B) of section 2929.13 of	526
the Revised Code applies in determining whether to impose a prison	527
term on the offender.	528

(b) Except as otherwise provided in division (C)(6)(c), (d),	529
(e), (f), or (g) of this section, if the offense was committed in	530
the vicinity of a school or in the vicinity of a juvenile,	531
trafficking in heroin is a felony of the fourth degree, and	532
division (C)(B) of section 2929.13 of the Revised Code applies in	533
determining whether to impose a prison term on the offender.	534

(c) Except as otherwise provided in this division, if the	535
amount of the drug involved equals or exceeds ten unit doses but	536
is less than fifty unit doses or equals or exceeds one gram but is	537
less than five grams, trafficking in heroin is a felony of the	538
fourth degree, and division (B) of section 2929.13 of the Revised	539
Code applies in determining whether to impose a prison term for	540
the offense. If the amount of the drug involved is within that	541
range and if the offense was committed in the vicinity of a school	542
or in the vicinity of a juvenile, trafficking in heroin is a	543
felony of the third degree, and there is a presumption for a	544
prison term for the offense.	545

(d) Except as otherwise provided in this division, if the	546
amount of the drug involved equals or exceeds fifty unit doses but	547
is less than one hundred unit doses or equals or exceeds five	548
grams but is less than ten grams, trafficking in heroin is a	549
felony of the third degree, and there is a presumption for a	550
prison term for the offense. If the amount of the drug involved is	551
within that range and if the offense was committed in the vicinity	552
of a school or in the vicinity of a juvenile, trafficking in	553
heroin is a felony of the second degree, and there is a	554
presumption for a prison term for the offense.	555

(e) Except as otherwise provided in this division, if the	556
amount of the drug involved equals or exceeds one hundred unit	557
doses but is less than five hundred unit doses or equals or	558
exceeds ten grams but is less than fifty grams, trafficking in	559
heroin is a felony of the second degree, and the court shall	560
impose as a mandatory prison term one of the prison terms	561
prescribed for a felony of the second degree. If the amount of the	562
drug involved is within that range and if the offense was	563
committed in the vicinity of a school or in the vicinity of a	564
juvenile, trafficking in heroin is a felony of the first degree,	565
and the court shall impose as a mandatory prison term one of the	566
prison terms prescribed for a felony of the first degree.	567

(f) If the amount of the drug involved equals or exceeds five	568
hundred unit doses but is less than two thousand five hundred unit	569
doses or equals or exceeds fifty grams but is less than two	570
hundred fifty grams and regardless of whether the offense was	571
committed in the vicinity of a school or in the vicinity of a	572
juvenile, trafficking in heroin is a felony of the first degree,	573
and the court shall impose as a mandatory prison term one of the	574
prison terms prescribed for a felony of the first degree.	575

(g) If the amount of the drug involved equals or exceeds two	576
thousand five hundred unit doses or equals or exceeds two hundred	577
fifty grams and regardless of whether the offense was committed in	578
the vicinity of a school or in the vicinity of a juvenile,	579
trafficking in heroin is a felony of the first degree, the	580
offender is a major drug offender, and the court shall impose as a	581
mandatory prison term the maximum prison term prescribed for a	582
felony of the first degree.	583

(7) If the drug involved in the violation is hashish or a	584
compound, mixture, preparation, or substance containing hashish,	585
whoever violates division (A) of this section is guilty of	586
trafficking in hashish. The penalty for the offense shall be	587
determined as follows:	588

(a) Except as otherwise provided in division (C)(7)(b), (c),	589
(d), (e), (f), or (g) of this section, trafficking in hashish is a	590
felony of the fifth degree, and division (B) of section 2929.13 of	591
the Revised Code applies in determining whether to impose a prison	592
term on the offender.	593

(b) Except as otherwise provided in division (C)(7)(c), (d),	594
(e), (f), or (g) of this section, if the offense was committed in	595
the vicinity of a school or in the vicinity of a juvenile,	596
trafficking in hashish is a felony of the fourth degree, and	597
division (B) of section 2929.13 of the Revised Code applies in	598
determining whether to impose a prison term on the offender.	599

(c) Except as otherwise provided in this division, if the	600
amount of the drug involved equals or exceeds ten grams but is	601
less than fifty grams of hashish in a solid form or equals or	602
exceeds two grams but is less than ten grams of hashish in a	603
liquid concentrate, liquid extract, or liquid distillate form,	604
trafficking in hashish is a felony of the fourth degree, and	605
division (B) of section 2929.13 of the Revised Code applies in	606
determining whether to impose a prison term on the offender. If	607
the amount of the drug involved is within that range and if the	608
offense was committed in the vicinity of a school or in the	609
vicinity of a juvenile, trafficking in hashish is a felony of the	610
third degree, and division (C) of section 2929.13 of the Revised	611
Code applies in determining whether to impose a prison term on the	612
offender.	613

(d) Except as otherwise provided in this division, if the	614
amount of the drug involved equals or exceeds fifty grams but is	615
less than two hundred fifty grams of hashish in a solid form or	616
equals or exceeds ten grams but is less than fifty grams of	617
hashish in a liquid concentrate, liquid extract, or liquid	618
distillate form, trafficking in hashish is a felony of the third	619
degree, and division (C) of section 2929.13 of the Revised Code	620
applies in determining whether to impose a prison term on the	621
offender. If the amount of the drug involved is within that range	622
and if the offense was committed in the vicinity of a school or in	623
the vicinity of a juvenile, trafficking in hashish is a felony of	624
the second degree, and there is a presumption that a prison term	625
shall be imposed for the offense.	626

(e) Except as otherwise provided in this division, if the	627
amount of the drug involved equals or exceeds two hundred fifty	628
grams but is less than one thousand grams of hashish in a solid	629
form or equals or exceeds fifty grams but is less than two hundred	630
grams of hashish in a liquid concentrate, liquid extract, or	631
liquid distillate form, trafficking in hashish is a felony of the	632
third degree, and there is a presumption that a prison term shall	633
be imposed for the offense. If the amount of the drug involved is	634
within that range and if the offense was committed in the vicinity	635
of a school or in the vicinity of a juvenile, trafficking in	636
hashish is a felony of the second degree, and there is a	637
presumption that a prison term shall be imposed for the offense.	638

(f) Except as otherwise provided in this division, if the	639
amount of the drug involved equals or exceeds one thousand grams	640
but is less than two thousand grams of hashish in a solid form or	641
equals or exceeds two hundred grams but is less than four hundred	642
grams of hashish in a liquid concentrate, liquid extract, or	643
liquid distillate form, trafficking in hashish is a felony of the	644
second degree, and the court shall impose a mandatory prison term	645
of five, six, seven, or eight years. If the amount of the drug	646
involved is within that range and if the offense was committed in	647
the vicinity of a school or in the vicinity of a juvenile,	648
trafficking in hashish is a felony of the first degree, and the	649
court shall impose as a mandatory prison term the maximum prison	650
term prescribed for a felony of the first degree.	651

(g) Except as otherwise provided in this division, if the	652
amount of the drug involved equals or exceeds two thousand grams	653
of hashish in a solid form or equals or exceeds four hundred grams	654
of hashish in a liquid concentrate, liquid extract, or liquid	655
distillate form, trafficking in hashish is a felony of the second	656
degree, and the court shall impose as a mandatory prison term the	657
maximum prison term prescribed for a felony of the second degree.	658
If the amount of the drug involved equals or exceeds two thousand	659
grams of hashish in a solid form or equals or exceeds four hundred	660
grams of hashish in a liquid concentrate, liquid extract, or	661
liquid distillate form and if the offense was committed in the	662
vicinity of a school or in the vicinity of a juvenile, trafficking	663
in hashish is a felony of the first degree, and the court shall	664
impose as a mandatory prison term the maximum prison term	665
prescribed for a felony of the first degree.	666

(8) If the drug involved in the violation is a controlled	667
substance analog or compound, mixture, preparation, or substance	668
that contains a controlled substance analog, whoever violates	669
division (A) of this section is guilty of trafficking in a	670
controlled substance analog. The penalty for the offense shall be	671
determined as follows:	672

(a) Except as otherwise provided in division (C)(8)(b), (c),	673
(d), (e), (f), or (g) of this section, trafficking in a controlled	674
substance analog is a felony of the fifth degree, and division	675
(C)(B) of section 2929.13 of the Revised Code applies in	676
determining whether to impose a prison term on the offender.	677

(b) Except as otherwise provided in division (C)(8)(c), (d),	678
(e), (f), or (g) of this section, if the offense was committed in	679
the vicinity of a school or in the vicinity of a juvenile,	680
trafficking in a controlled substance analog is a felony of the	681
fourth degree, and division (C)(B) of section 2929.13 of the	682
Revised Code applies in determining whether to impose a prison	683
term on the offender.	684

(c) Except as otherwise provided in this division, if the	685
amount of the drug involved equals or exceeds ten grams but is	686
less than twenty grams, trafficking in a controlled substance	687
analog is a felony of the fourth degree, and division (B) of	688
section 2929.13 of the Revised Code applies in determining whether	689
to impose a prison term for the offense. If the amount of the drug	690
involved is within that range and if the offense was committed in	691
the vicinity of a school or in the vicinity of a juvenile,	692
trafficking in a controlled substance analog is a felony of the	693
third degree, and there is a presumption for a prison term for the	694
offense.	695

(d) Except as otherwise provided in this division, if the	696
amount of the drug involved equals or exceeds twenty grams but is	697
less than thirty grams, trafficking in a controlled substance	698
analog is a felony of the third degree, and there is a presumption	699
for a prison term for the offense. If the amount of the drug	700
involved is within that range and if the offense was committed in	701
the vicinity of a school or in the vicinity of a juvenile,	702
trafficking in a controlled substance analog is a felony of the	703
second degree, and there is a presumption for a prison term for	704
the offense.	705

(e) Except as otherwise provided in this division, if the	706
amount of the drug involved equals or exceeds thirty grams but is	707
less than forty grams, trafficking in a controlled substance	708
analog is a felony of the second degree, and the court shall	709
impose as a mandatory prison term one of the prison terms	710
prescribed for a felony of the second degree. If the amount of the	711
drug involved is within that range and if the offense was	712
committed in the vicinity of a school or in the vicinity of a	713
juvenile, trafficking in a controlled substance analog is a felony	714
of the first degree, and the court shall impose as a mandatory	715
prison term one of the prison terms prescribed for a felony of the	716
first degree.	717

(f) If the amount of the drug involved equals or exceeds	718
forty grams but is less than fifty grams and regardless of whether	719
the offense was committed in the vicinity of a school or in the	720
vicinity of a juvenile, trafficking in a controlled substance	721
analog is a felony of the first degree, and the court shall impose	722
as a mandatory prison term one of the prison terms prescribed for	723
a felony of the first degree.	724

(g) If the amount of the drug involved equals or exceeds	725
fifty grams and regardless of whether the offense was committed in	726
the vicinity of a school or in the vicinity of a juvenile,	727
trafficking in a controlled substance analog is a felony of the	728
first degree, the offender is a major drug offender, and the court	729
shall impose as a mandatory prison term the maximum prison term	730
prescribed for a felony of the first degree.	731

(D) In addition to any prison term authorized or required by	732
division (C) of this section and sections 2929.13 and 2929.14 of	733
the Revised Code, and in addition to any other sanction imposed	734
for the offense under this section or sections 2929.11 to 2929.18	735
of the Revised Code, the court that sentences an offender who is	736
convicted of or pleads guilty to a violation of division (A) of	737
this section shall do all of the following that are applicable	738
regarding the offender:	739

(1) If the violation of division (A) of this section is a	740
felony of the first, second, or third degree, the court shall	741
impose upon the offender the mandatory fine specified for the	742
offense under division (B)(1) of section 2929.18 of the Revised	743
Code unless, as specified in that division, the court determines	744
that the offender is indigent. Except as otherwise provided in	745
division (H)(1) of this section, a mandatory fine or any other	746
fine imposed for a violation of this section is subject to	747
division (F) of this section. If a person is charged with a	748
violation of this section that is a felony of the first, second,	749
or third degree, posts bail, and forfeits the bail, the clerk of	750
the court shall pay the forfeited bail pursuant to divisions	751
(D)(1) and (F) of this section, as if the forfeited bail was a	752
fine imposed for a violation of this section. If any amount of the	753
forfeited bail remains after that payment and if a fine is imposed	754
under division (H)(1) of this section, the clerk of the court	755
shall pay the remaining amount of the forfeited bail pursuant to	756
divisions (H)(2) and (3) of this section, as if that remaining	757
amount was a fine imposed under division (H)(1) of this section.	758

(2) The court shall suspend the driver's or commercial	759
driver's license or permit of the offender in accordance with	760
division (G) of this section.	761

(3) If the offender is a professionally licensed person, the	762
court immediately shall comply with section 2925.38 of the Revised	763
Code.	764

(E) When a person is charged with the sale of or offer to	765
sell a bulk amount or a multiple of a bulk amount of a controlled	766
substance, the jury, or the court trying the accused, shall	767
determine the amount of the controlled substance involved at the	768
time of the offense and, if a guilty verdict is returned, shall	769
return the findings as part of the verdict. In any such case, it	770
is unnecessary to find and return the exact amount of the	771
controlled substance involved, and it is sufficient if the finding	772
and return is to the effect that the amount of the controlled	773
substance involved is the requisite amount, or that the amount of	774
the controlled substance involved is less than the requisite	775
amount.	776

(F)(1) Notwithstanding any contrary provision of section	777
3719.21 of the Revised Code and except as provided in division (H)	778
of this section, the clerk of the court shall pay any mandatory	779
fine imposed pursuant to division (D)(1) of this section and any	780
fine other than a mandatory fine that is imposed for a violation	781
of this section pursuant to division (A) or (B)(5) of section	782
2929.18 of the Revised Code to the county, township, municipal	783
corporation, park district, as created pursuant to section 511.18	784
or 1545.04 of the Revised Code, or state law enforcement agencies	785
in this state that primarily were responsible for or involved in	786
making the arrest of, and in prosecuting, the offender. However,	787
the clerk shall not pay a mandatory fine so imposed to a law	788
enforcement agency unless the agency has adopted a written	789
internal control policy under division (F)(2) of this section that	790
addresses the use of the fine moneys that it receives. Each agency	791
shall use the mandatory fines so paid to subsidize the agency's	792
law enforcement efforts that pertain to drug offenses, in	793
accordance with the written internal control policy adopted by the	794
recipient agency under division (F)(2) of this section.	795

(2) Prior to receiving any fine moneys under division (F)(1)	796
of this section or division (B) of section 2925.42 of the Revised	797
Code, a law enforcement agency shall adopt a written internal	798
control policy that addresses the agency's use and disposition of	799
all fine moneys so received and that provides for the keeping of	800
detailed financial records of the receipts of those fine moneys,	801
the general types of expenditures made out of those fine moneys,	802
and the specific amount of each general type of expenditure. The	803
policy shall not provide for or permit the identification of any	804
specific expenditure that is made in an ongoing investigation. All	805
financial records of the receipts of those fine moneys, the	806
general types of expenditures made out of those fine moneys, and	807
the specific amount of each general type of expenditure by an	808
agency are public records open for inspection under section 149.43	809
of the Revised Code. Additionally, a written internal control	810
policy adopted under this division is such a public record, and	811
the agency that adopted it shall comply with it.	812

(3) As used in division (F) of this section:

813

(a) "Law enforcement agencies" includes, but is not limited	814
to, the state board of pharmacy and the office of a prosecutor.	815

(b) "Prosecutor" has the same meaning as in section 2935.01	816
of the Revised Code.	817

(G) When required under division (D)(2) of this section or	818
any other provision of this chapter, the court shall suspend for	819
not less than six months or more than five years the driver's or	820
commercial driver's license or permit of any person who is	821
convicted of or pleads guilty to any violation of this section or	822
any other specified provision of this chapter. If an offender's	823
driver's or commercial driver's license or permit is suspended	824
pursuant to this division, the offender, at any time after the	825
expiration of two years from the day on which the offender's	826
sentence was imposed or from the day on which the offender finally	827
was released from a prison term under the sentence, whichever is	828
later, may file a motion with the sentencing court requesting	829
termination of the suspension; upon the filing of such a motion	830
and the court's finding of good cause for the termination, the	831
court may terminate the suspension.	832

(H)(1) In addition to any prison term authorized or required	833
by division (C) of this section and sections 2929.13 and 2929.14	834
of the Revised Code, in addition to any other penalty or sanction	835
imposed for the offense under this section or sections 2929.11 to	836
2929.18 of the Revised Code, and in addition to the forfeiture of	837
property in connection with the offense as prescribed in Chapter	838
2981. of the Revised Code, the court that sentences an offender	839
who is convicted of or pleads guilty to a violation of division	840
(A) of this section may impose upon the offender an additional	841
fine specified for the offense in division (B)(4) of section	842
2929.18 of the Revised Code. A fine imposed under division (H)(1)	843
of this section is not subject to division (F) of this section and	844
shall be used solely for the support of one or more eligible	845
community addiction services providerproviders in accordance with	846
divisions (H)(2) and (3) of this section.	847

(2) The court that imposes a fine under division (H)(1) of	848
this section shall specify in the judgment that imposes the fine	849
one or more eligible community addiction services provider	850
providers for the support of which the fine money is to be used.	851
No community addiction services provider shall receive or use	852
money paid or collected in satisfaction of a fine imposed under	853
division (H)(1) of this section unless the services provider is	854
specified in the judgment that imposes the fine. No community	855
addiction services provider shall be specified in the judgment	856
unless the services provider is an eligible community addiction	857
services provider and, except as otherwise provided in division	858
(H)(2) of this section, unless the services provider is located in	859
the county in which the court that imposes the fine is located or	860
in a county that is immediately contiguous to the county in which	861
that court is located. If no eligible community addiction services	862
provider is located in any of those counties, the judgment may	863
specify an eligible community addiction services provider that is	864
located anywhere within this state.	865

(3) Notwithstanding any contrary provision of section 3719.21	866
of the Revised Code, the clerk of the court shall pay any fine	867
imposed under division (H)(1) of this section to the eligible	868
community addiction services provider specified pursuant to	869
division (H)(2) of this section in the judgment. The eligible	870
community addiction services provider that receives the fine	871
moneys shall use the moneys only for the alcohol and drug	872
addiction services identified in the application for certification	873
under section 5119.36 of the Revised Code or in the application	874
for a license under section 5119.391 of the Revised Code filed	875
with the department of mental health and addiction services by the	876
community addiction services provider specified in the judgment.	877

(4) Each community addiction services provider that receives	878
in a calendar year any fine moneys under division (H)(3) of this	879
section shall file an annual report covering that calendar year	880
with the court of common pleas and the board of county	881
commissioners of the county in which the services provider is	882
located, with the court of common pleas and the board of county	883
commissioners of each county from which the services provider	884
received the moneys if that county is different from the county in	885
which the services provider is located, and with the attorney	886
general. The community addiction services provider shall file the	887
report no later than the first day of March in the calendar year	888
following the calendar year in which the services provider	889
received the fine moneys. The report shall include statistics on	890
the number of persons served by the community addiction services	891
provider, identify the types of alcohol and drug addiction	892
services provided to those persons, and include a specific	893
accounting of the purposes for which the fine moneys received were	894
used. No information contained in the report shall identify, or	895
enable a person to determine the identity of, any person served by	896
the community addiction services provider. Each report received by	897
a court of common pleas, a board of county commissioners, or the	898
attorney general is a public record open for inspection under	899
section 149.43 of the Revised Code.	900

(5) As used in divisions (H)(1) to (5) of this section:

901

(a) "Community addiction services provider" and "alcohol and	902
drug addiction services" have the same meanings as in section	903
5119.01 of the Revised Code.	904

(b) "Eligible community addiction services provider" means a	905
community addiction services provider that is certified under	906
section 5119.36 of the Revised Code or licensed under section	907
5119.391 of the Revised Code by the department of mental health	908
and addiction services.	909

(I) As used in this section, "drug" includes any substance	910
that is represented to be a drug.	911

(J) It is an affirmative defense to a charge of trafficking	912
in a controlled substance analog under division (C)(8) of this	913
section that the person charged with violating that offense sold	914
or offered to sell, or prepared for shipment, shipped,	915
transported, delivered, prepared for distribution, or distributed	916
an item described in division (HH)(2)(a), (b), or (c) of section	917
3719.01 of the Revised Code.	918

Sec. 2925.06.  (A) No person shall knowingly administer to a	919
human being, or prescribe or dispense for administration to a	920
human being, any anabolic steroid not approved by the United	921
States food and drug administration for administration to human	922
beings.	923

(B) This section does not apply to any person listed in	924
division (B)(1), (2), or (3) of section 2925.03 of the Revised	925
Code to the extent and under the circumstances described in those	926
divisions.	927

(C) Whoever violates division (A) of this section is guilty	928
of illegal administration or distribution of anabolic steroids, a	929
felony of the fourth degree, and division (C)(B) of section	930
2929.13 of the Revised Code applies in determining whether to	931
impose a prison term on the offender.	932

(D) In addition to any prison term authorized or required by	933
division (C) of this section and sections 2929.13 and 2929.14 of	934
the Revised Code and in addition to any other sanction imposed for	935
the offense under this section or sections 2929.11 to 2929.18 of	936
the Revised Code, the court that sentences an offender who is	937
convicted of or pleads guilty to a violation of division (A) of	938
this section shall do both of the following:	939

(1) The court shall suspend the offender's driver's or	940
commercial driver's license or permit in accordance with division	941
(G) of section 2925.03 of the Revised Code. If an offender's	942
driver's or commercial driver's license or permit is suspended in	943
accordance with that division, the offender may request	944
termination of, and the court may terminate, the suspension in	945
accordance with that division.	946

(2) If the offender is a professionally licensed person, the	947
court immediately shall comply with section 2925.38 of the Revised	948
Code.	949

(E) If a person commits any act that constitutes a violation	950
of division (A) of this section and that also constitutes a	951
violation of any other provision of the Revised Code, the	952
prosecutor, as defined in section 2935.01 of the Revised Code,	953
using customary prosecutorial discretion, may prosecute the person	954
for a violation of the appropriate provision of the Revised Code.	955

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	956
or use a controlled substance or a controlled substance analog.	957

(B) This section does not apply to any of the following:

958

(1) Manufacturers, licensed health professionals authorized	959
to prescribe drugs, pharmacists, owners of pharmacies, and other	960
persons whose conduct was in accordance with Chapters 3719.,	961
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	962

(2) If the offense involves an anabolic steroid, any person	963
who is conducting or participating in a research project involving	964
the use of an anabolic steroid if the project has been approved by	965
the United States food and drug administration;	966

(3) Any person who sells, offers for sale, prescribes,	967
dispenses, or administers for livestock or other nonhuman species	968
an anabolic steroid that is expressly intended for administration	969
through implants to livestock or other nonhuman species and	970
approved for that purpose under the "Federal Food, Drug, and	971
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	972
and is sold, offered for sale, prescribed, dispensed, or	973
administered for that purpose in accordance with that act;	974

(4) Any person who obtained the controlled substance pursuant	975
to a lawful prescription issued by a licensed health professional	976
authorized to prescribe drugs.	977

(C) Whoever violates division (A) of this section is guilty	978
of one of the following:	979

(1) If the drug involved in the violation is a compound,	980
mixture, preparation, or substance included in schedule I or II,	981
with the exception of marihuana, cocaine, L.S.D., heroin, hashish,	982
and controlled substance analogs, whoever violates division (A) of	983
this section is guilty of aggravated possession of drugs. The	984
penalty for the offense shall be determined as follows:	985

(a) Except as otherwise provided in division (C)(1)(b), (c),	986
(d), or (e) of this section, aggravated possession of drugs is a	987
felony of the fifth degree, and division (B) of section 2929.13 of	988
the Revised Code applies in determining whether to impose a prison	989
term on the offender.	990

(b) If the amount of the drug involved equals or exceeds the	991
bulk amount but is less than five times the bulk amount,	992
aggravated possession of drugs is a felony of the third degree,	993
and there is a presumption for a prison term for the offense.	994

(c) If the amount of the drug involved equals or exceeds five	995
times the bulk amount but is less than fifty times the bulk	996
amount, aggravated possession of drugs is a felony of the second	997
degree, and the court shall impose as a mandatory prison term one	998
of the prison terms prescribed for a felony of the second degree.	999

(d) If the amount of the drug involved equals or exceeds	1000
fifty times the bulk amount but is less than one hundred times the	1001
bulk amount, aggravated possession of drugs is a felony of the	1002
first degree, and the court shall impose as a mandatory prison	1003
term one of the prison terms prescribed for a felony of the first	1004
degree.	1005

(e) If the amount of the drug involved equals or exceeds one	1006
hundred times the bulk amount, aggravated possession of drugs is a	1007
felony of the first degree, the offender is a major drug offender,	1008
and the court shall impose as a mandatory prison term the maximum	1009
prison term prescribed for a felony of the first degree.	1010

(2) If the drug involved in the violation is a compound,	1011
mixture, preparation, or substance included in schedule III, IV,	1012
or V, whoever violates division (A) of this section is guilty of	1013
possession of drugs. The penalty for the offense shall be	1014
determined as follows:	1015

(a) Except as otherwise provided in division (C)(2)(b), (c),	1016
or (d) of this section, possession of drugs is a misdemeanor of	1017
the first degree or, if the offender previously has been convicted	1018
of a drug abuse offense, a felony of the fifth degree.	1019

(b) If the amount of the drug involved equals or exceeds the	1020
bulk amount but is less than five times the bulk amount,	1021
possession of drugs is a felony of the fourth degree, and division	1022
(C)(B) of section 2929.13 of the Revised Code applies in	1023
determining whether to impose a prison term on the offender.	1024

(c) If the amount of the drug involved equals or exceeds five	1025
times the bulk amount but is less than fifty times the bulk	1026
amount, possession of drugs is a felony of the third degree, and	1027
there is a presumption for a prison term for the offense.	1028

(d) If the amount of the drug involved equals or exceeds	1029
fifty times the bulk amount, possession of drugs is a felony of	1030
the second degree, and the court shall impose upon the offender as	1031
a mandatory prison term one of the prison terms prescribed for a	1032
felony of the second degree.	1033

(3) If the drug involved in the violation is marihuana or a	1034
compound, mixture, preparation, or substance containing marihuana	1035
other than hashish, whoever violates division (A) of this section	1036
is guilty of possession of marihuana. The penalty for the offense	1037
shall be determined as follows:	1038

(a) Except as otherwise provided in division (C)(3)(b), (c),	1039
(d), (e), (f), or (g) of this section, possession of marihuana is	1040
a minor misdemeanor.	1041

(b) If the amount of the drug involved equals or exceeds one	1042
hundred grams but is less than two hundred grams, possession of	1043
marihuana is a misdemeanor of the fourth degree.	1044

(c) If the amount of the drug involved equals or exceeds two	1045
hundred grams but is less than one thousand grams, possession of	1046
marihuana is a felony of the fifth degree, and division (B) of	1047
section 2929.13 of the Revised Code applies in determining whether	1048
to impose a prison term on the offender.	1049

(d) If the amount of the drug involved equals or exceeds one	1050
thousand grams but is less than five thousand grams, possession of	1051
marihuana is a felony of the third degree, and division (C) of	1052
section 2929.13 of the Revised Code applies in determining whether	1053
to impose a prison term on the offender.	1054

(e) If the amount of the drug involved equals or exceeds five	1055
thousand grams but is less than twenty thousand grams, possession	1056
of marihuana is a felony of the third degree, and there is a	1057
presumption that a prison term shall be imposed for the offense.	1058

(f) If the amount of the drug involved equals or exceeds	1059
twenty thousand grams but is less than forty thousand grams,	1060
possession of marihuana is a felony of the second degree, and the	1061
court shall impose a mandatory prison term of five, six, seven, or	1062
eight years.	1063

(g) If the amount of the drug involved equals or exceeds	1064
forty thousand grams, possession of marihuana is a felony of the	1065
second degree, and the court shall impose as a mandatory prison	1066
term the maximum prison term prescribed for a felony of the second	1067
degree.	1068

(4) If the drug involved in the violation is cocaine or a	1069
compound, mixture, preparation, or substance containing cocaine,	1070
whoever violates division (A) of this section is guilty of	1071
possession of cocaine. The penalty for the offense shall be	1072
determined as follows:	1073

(a) Except as otherwise provided in division (C)(4)(b), (c),	1074
(d), (e), or (f) of this section, possession of cocaine is a	1075
felony of the fifth degree, and division (B) of section 2929.13 of	1076
the Revised Code applies in determining whether to impose a prison	1077
term on the offender.	1078

(b) If the amount of the drug involved equals or exceeds five	1079
grams but is less than ten grams of cocaine, possession of cocaine	1080
is a felony of the fourth degree, and division (B) of section	1081
2929.13 of the Revised Code applies in determining whether to	1082
impose a prison term on the offender.	1083

(c) If the amount of the drug involved equals or exceeds ten	1084
grams but is less than twenty grams of cocaine, possession of	1085
cocaine is a felony of the third degree, and, except as otherwise	1086
provided in this division, there is a presumption for a prison	1087
term for the offense. If possession of cocaine is a felony of the	1088
third degree under this division and if the offender two or more	1089
times previously has been convicted of or pleaded guilty to a	1090
felony drug abuse offense, the court shall impose as a mandatory	1091
prison term one of the prison terms prescribed for a felony of the	1092
third degree.	1093

(d) If the amount of the drug involved equals or exceeds	1094
twenty grams but is less than twenty-seven grams of cocaine,	1095
possession of cocaine is a felony of the second degree, and the	1096
court shall impose as a mandatory prison term one of the prison	1097
terms prescribed for a felony of the second degree.	1098

(e) If the amount of the drug involved equals or exceeds	1099
twenty-seven grams but is less than one hundred grams of cocaine,	1100
possession of cocaine is a felony of the first degree, and the	1101
court shall impose as a mandatory prison term one of the prison	1102
terms prescribed for a felony of the first degree.	1103

(f) If the amount of the drug involved equals or exceeds one	1104
hundred grams of cocaine, possession of cocaine is a felony of the	1105
first degree, the offender is a major drug offender, and the court	1106
shall impose as a mandatory prison term the maximum prison term	1107
prescribed for a felony of the first degree.	1108

(5) If the drug involved in the violation is L.S.D., whoever	1109
violates division (A) of this section is guilty of possession of	1110
L.S.D. The penalty for the offense shall be determined as follows:	1111

(a) Except as otherwise provided in division (C)(5)(b), (c),	1112
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1113
of the fifth degree, and division (B) of section 2929.13 of the	1114
Revised Code applies in determining whether to impose a prison	1115
term on the offender.	1116

(b) If the amount of L.S.D. involved equals or exceeds ten	1117
unit doses but is less than fifty unit doses of L.S.D. in a solid	1118
form or equals or exceeds one gram but is less than five grams of	1119
L.S.D. in a liquid concentrate, liquid extract, or liquid	1120
distillate form, possession of L.S.D. is a felony of the fourth	1121
degree, and division (C)(B) of section 2929.13 of the Revised Code	1122
applies in determining whether to impose a prison term on the	1123
offender.	1124

(c) If the amount of L.S.D. involved equals or exceeds fifty	1125
unit doses, but is less than two hundred fifty unit doses of	1126
L.S.D. in a solid form or equals or exceeds five grams but is less	1127
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1128
extract, or liquid distillate form, possession of L.S.D. is a	1129
felony of the third degree, and there is a presumption for a	1130
prison term for the offense.	1131

(d) If the amount of L.S.D. involved equals or exceeds two	1132
hundred fifty unit doses but is less than one thousand unit doses	1133
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1134
but is less than one hundred grams of L.S.D. in a liquid	1135
concentrate, liquid extract, or liquid distillate form, possession	1136
of L.S.D. is a felony of the second degree, and the court shall	1137
impose as a mandatory prison term one of the prison terms	1138
prescribed for a felony of the second degree.	1139

(e) If the amount of L.S.D. involved equals or exceeds one	1140
thousand unit doses but is less than five thousand unit doses of	1141
L.S.D. in a solid form or equals or exceeds one hundred grams but	1142
is less than five hundred grams of L.S.D. in a liquid concentrate,	1143
liquid extract, or liquid distillate form, possession of L.S.D. is	1144
a felony of the first degree, and the court shall impose as a	1145
mandatory prison term one of the prison terms prescribed for a	1146
felony of the first degree.	1147

(f) If the amount of L.S.D. involved equals or exceeds five	1148
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1149
five hundred grams of L.S.D. in a liquid concentrate, liquid	1150
extract, or liquid distillate form, possession of L.S.D. is a	1151
felony of the first degree, the offender is a major drug offender,	1152
and the court shall impose as a mandatory prison term the maximum	1153
prison term prescribed for a felony of the first degree.	1154

(6) If the drug involved in the violation is heroin or a	1155
compound, mixture, preparation, or substance containing heroin,	1156
whoever violates division (A) of this section is guilty of	1157
possession of heroin. The penalty for the offense shall be	1158
determined as follows:	1159

(a) Except as otherwise provided in division (C)(6)(b), (c),	1160
(d), (e), or (f) of this section, possession of heroin is a felony	1161
of the fifth degree, and division (B) of section 2929.13 of the	1162
Revised Code applies in determining whether to impose a prison	1163
term on the offender.	1164

(b) If the amount of the drug involved equals or exceeds ten	1165
unit doses but is less than fifty unit doses or equals or exceeds	1166
one gram but is less than five grams, possession of heroin is a	1167
felony of the fourth degree, and division (C)(B) of section	1168
2929.13 of the Revised Code applies in determining whether to	1169
impose a prison term on the offender.	1170

(c) If the amount of the drug involved equals or exceeds	1171
fifty unit doses but is less than one hundred unit doses or equals	1172
or exceeds five grams but is less than ten grams, possession of	1173
heroin is a felony of the third degree, and there is a presumption	1174
for a prison term for the offense.	1175

(d) If the amount of the drug involved equals or exceeds one	1176
hundred unit doses but is less than five hundred unit doses or	1177
equals or exceeds ten grams but is less than fifty grams,	1178
possession of heroin is a felony of the second degree, and the	1179
court shall impose as a mandatory prison term one of the prison	1180
terms prescribed for a felony of the second degree.	1181

(e) If the amount of the drug involved equals or exceeds five	1182
hundred unit doses but is less than two thousand five hundred unit	1183
doses or equals or exceeds fifty grams but is less than two	1184
hundred fifty grams, possession of heroin is a felony of the first	1185
degree, and the court shall impose as a mandatory prison term one	1186
of the prison terms prescribed for a felony of the first degree.	1187

(f) If the amount of the drug involved equals or exceeds two	1188
thousand five hundred unit doses or equals or exceeds two hundred	1189
fifty grams, possession of heroin is a felony of the first degree,	1190
the offender is a major drug offender, and the court shall impose	1191
as a mandatory prison term the maximum prison term prescribed for	1192
a felony of the first degree.	1193

(7) If the drug involved in the violation is hashish or a	1194
compound, mixture, preparation, or substance containing hashish,	1195
whoever violates division (A) of this section is guilty of	1196
possession of hashish. The penalty for the offense shall be	1197
determined as follows:	1198

(a) Except as otherwise provided in division (C)(7)(b), (c),	1199
(d), (e), (f), or (g) of this section, possession of hashish is a	1200
minor misdemeanor.	1201

(b) If the amount of the drug involved equals or exceeds five	1202
grams but is less than ten grams of hashish in a solid form or	1203
equals or exceeds one gram but is less than two grams of hashish	1204
in a liquid concentrate, liquid extract, or liquid distillate	1205
form, possession of hashish is a misdemeanor of the fourth degree.	1206

(c) If the amount of the drug involved equals or exceeds ten	1207
grams but is less than fifty grams of hashish in a solid form or	1208
equals or exceeds two grams but is less than ten grams of hashish	1209
in a liquid concentrate, liquid extract, or liquid distillate	1210
form, possession of hashish is a felony of the fifth degree, and	1211
division (B) of section 2929.13 of the Revised Code applies in	1212
determining whether to impose a prison term on the offender.	1213

(d) If the amount of the drug involved equals or exceeds	1214
fifty grams but is less than two hundred fifty grams of hashish in	1215
a solid form or equals or exceeds ten grams but is less than fifty	1216
grams of hashish in a liquid concentrate, liquid extract, or	1217
liquid distillate form, possession of hashish is a felony of the	1218
third degree, and division (C) of section 2929.13 of the Revised	1219
Code applies in determining whether to impose a prison term on the	1220
offender.	1221

(e) If the amount of the drug involved equals or exceeds two	1222
hundred fifty grams but is less than one thousand grams of hashish	1223
in a solid form or equals or exceeds fifty grams but is less than	1224
two hundred grams of hashish in a liquid concentrate, liquid	1225
extract, or liquid distillate form, possession of hashish is a	1226
felony of the third degree, and there is a presumption that a	1227
prison term shall be imposed for the offense.	1228

(f) If the amount of the drug involved equals or exceeds one	1229
thousand grams but is less than two thousand grams of hashish in a	1230
solid form or equals or exceeds two hundred grams but is less than	1231
four hundred grams of hashish in a liquid concentrate, liquid	1232
extract, or liquid distillate form, possession of hashish is a	1233
felony of the second degree, and the court shall impose a	1234
mandatory prison term of five, six, seven, or eight years.	1235

(g) If the amount of the drug involved equals or exceeds two	1236
thousand grams of hashish in a solid form or equals or exceeds	1237
four hundred grams of hashish in a liquid concentrate, liquid	1238
extract, or liquid distillate form, possession of hashish is a	1239
felony of the second degree, and the court shall impose as a	1240
mandatory prison term the maximum prison term prescribed for a	1241
felony of the second degree.	1242

(8) If the drug involved is a controlled substance analog or	1243
compound, mixture, preparation, or substance that contains a	1244
controlled substance analog, whoever violates division (A) of this	1245
section is guilty of possession of a controlled substance analog.	1246
The penalty for the offense shall be determined as follows:	1247

(a) Except as otherwise provided in division (C)(8)(b), (c),	1248
(d), (e), or (f) of this section, possession of a controlled	1249
substance analog is a felony of the fifth degree, and division (B)	1250
of section 2929.13 of the Revised Code applies in determining	1251
whether to impose a prison term on the offender.	1252

(b) If the amount of the drug involved equals or exceeds ten	1253
grams but is less than twenty grams, possession of a controlled	1254
substance analog is a felony of the fourth degree, and there is a	1255
presumption for a prison term for the offensedivision (B) of	1256
section 2929.13 of the Revised Code applies in determining whether	1257
to impose a prison term on the offender.	1258

(c) If the amount of the drug involved equals or exceeds	1259
twenty grams but is less than thirty grams, possession of a	1260
controlled substance analog is a felony of the third degree, and	1261
there is a presumption for a prison term for the offense.	1262

(d) If the amount of the drug involved equals or exceeds	1263
thirty grams but is less than forty grams, possession of a	1264
controlled substance analog is a felony of the second degree, and	1265
the court shall impose as a mandatory prison term one of the	1266
prison terms prescribed for a felony of the second degree.	1267

(e) If the amount of the drug involved equals or exceeds	1268
forty grams but is less than fifty grams, possession of a	1269
controlled substance analog is a felony of the first degree, and	1270
the court shall impose as a mandatory prison term one of the	1271
prison terms prescribed for a felony of the first degree.	1272

(f) If the amount of the drug involved equals or exceeds	1273
fifty grams, possession of a controlled substance analog is a	1274
felony of the first degree, the offender is a major drug offender,	1275
and the court shall impose as a mandatory prison term the maximum	1276
prison term prescribed for a felony of the first degree.	1277

(D) Arrest or conviction for a minor misdemeanor violation of	1278
this section does not constitute a criminal record and need not be	1279
reported by the person so arrested or convicted in response to any	1280
inquiries about the person's criminal record, including any	1281
inquiries contained in any application for employment, license, or	1282
other right or privilege, or made in connection with the person's	1283
appearance as a witness.	1284

(E) In addition to any prison term or jail term authorized or	1285
required by division (C) of this section and sections 2929.13,	1286
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1287
addition to any other sanction that is imposed for the offense	1288
under this section, sections 2929.11 to 2929.18, or sections	1289
2929.21 to 2929.28 of the Revised Code, the court that sentences	1290
an offender who is convicted of or pleads guilty to a violation of	1291
division (A) of this section shall do all of the following that	1292
are applicable regarding the offender:	1293

(1)(a) If the violation is a felony of the first, second, or	1294
third degree, the court shall impose upon the offender the	1295
mandatory fine specified for the offense under division (B)(1) of	1296
section 2929.18 of the Revised Code unless, as specified in that	1297
division, the court determines that the offender is indigent.	1298

(b) Notwithstanding any contrary provision of section 3719.21	1299
of the Revised Code, the clerk of the court shall pay a mandatory	1300
fine or other fine imposed for a violation of this section	1301
pursuant to division (A) of section 2929.18 of the Revised Code in	1302
accordance with and subject to the requirements of division (F) of	1303
section 2925.03 of the Revised Code. The agency that receives the	1304
fine shall use the fine as specified in division (F) of section	1305
2925.03 of the Revised Code.	1306

(c) If a person is charged with a violation of this section	1307
that is a felony of the first, second, or third degree, posts	1308
bail, and forfeits the bail, the clerk shall pay the forfeited	1309
bail pursuant to division (E)(1)(b) of this section as if it were	1310
a mandatory fine imposed under division (E)(1)(a) of this section.	1311

(2) The court shall suspend for not less than six months or	1312
more than five years the offender's driver's or commercial	1313
driver's license or permit.	1314

(3) If the offender is a professionally licensed person, in	1315
addition to any other sanction imposed for a violation of this	1316
section, the court immediately shall comply with section 2925.38	1317
of the Revised Code.	1318

(F) It is an affirmative defense, as provided in section	1319
2901.05 of the Revised Code, to a charge of a fourth degree felony	1320
violation under this section that the controlled substance that	1321
gave rise to the charge is in an amount, is in a form, is	1322
prepared, compounded, or mixed with substances that are not	1323
controlled substances in a manner, or is possessed under any other	1324
circumstances, that indicate that the substance was possessed	1325
solely for personal use. Notwithstanding any contrary provision of	1326
this section, if, in accordance with section 2901.05 of the	1327
Revised Code, an accused who is charged with a fourth degree	1328
felony violation of division (C)(2), (4), (5), or (6) of this	1329
section sustains the burden of going forward with evidence of and	1330
establishes by a preponderance of the evidence the affirmative	1331
defense described in this division, the accused may be prosecuted	1332
for and may plead guilty to or be convicted of a misdemeanor	1333
violation of division (C)(2) of this section or a fifth degree	1334
felony violation of division (C)(4), (5), or (6) of this section	1335
respectively.	1336

(G) When a person is charged with possessing a bulk amount or	1337
multiple of a bulk amount, division (E) of section 2925.03 of the	1338
Revised Code applies regarding the determination of the amount of	1339
the controlled substance involved at the time of the offense.	1340

(H) It is an affirmative defense to a charge of possession of	1341
a controlled substance analog under division (C)(8) of this	1342
section that the person charged with violating that offense	1343
obtained, possessed, or used an item described in division	1344
(HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.	1345

Sec. 2925.13.  (A) No person who is the owner, operator, or	1346
person in charge of a locomotive, watercraft, aircraft, or other	1347
vehicle, as defined in division (A) of section 4501.01 of the	1348
Revised Code, shall knowingly permit the vehicle to be used for	1349
the commission of a felony drug abuse offense.	1350

(B) No person who is the owner, lessee, or occupant, or who	1351
has custody, control, or supervision, of premises or real estate,	1352
including vacant land, shall knowingly permit the premises or real	1353
estate, including vacant land, to be used for the commission of a	1354
felony drug abuse offense by another person.	1355

(C)(1) Whoever violates this section is guilty of permitting	1356
drug abuse.	1357

(2) Except as provided in division (C)(3) of this section,	1358
permitting drug abuse is a misdemeanor of the first degree.	1359

(3) Permitting drug abuse is a felony of the fifth degree,	1360
and division (C)(B) of section 2929.13 of the Revised Code applies	1361
in determining whether to impose a prison term on the offender, if	1362
the felony drug abuse offense in question is a violation of	1363
section 2925.02 or 2925.03 of the Revised Code.	1364

(D) In addition to any prison term authorized or required by	1365
division (C) of this section and sections 2929.13 and 2929.14 of	1366
the Revised Code and in addition to any other sanction imposed for	1367
the offense under this section or sections 2929.11 to 2929.18 of	1368
the Revised Code, the court that sentences a person who is	1369
convicted of or pleads guilty to a violation of division (A) of	1370
this section shall do all of the following that are applicable	1371
regarding the offender:	1372

(1) The court shall suspend for not less than six months or	1373
more than five years the offender's driver's or commercial	1374
driver's license or permit.	1375

(2) If the offender is a professionally licensed person, in	1376
addition to any other sanction imposed for a violation of this	1377
section, the court immediately shall comply with section 2925.38	1378
of the Revised Code.	1379

(E) Notwithstanding any contrary provision of section 3719.21	1380
of the Revised Code, the clerk of the court shall pay a fine	1381
imposed for a violation of this section pursuant to division (A)	1382
of section 2929.18 of the Revised Code in accordance with and	1383
subject to the requirements of division (F) of section 2925.03 of	1384
the Revised Code. The agency that receives the fine shall use the	1385
fine as specified in division (F) of section 2925.03 of the	1386
Revised Code.	1387

(F) Any premises or real estate that is permitted to be used	1388
in violation of division (B) of this section constitutes a	1389
nuisance subject to abatement pursuant to Chapter 3767. of the	1390
Revised Code.	1391

Sec. 2925.22.  (A) No person, by deception, shall procure the	1392
administration of, a prescription for, or the dispensing of, a	1393
dangerous drug or shall possess an uncompleted preprinted	1394
prescription blank used for writing a prescription for a dangerous	1395
drug.	1396

(B) Whoever violates this section is guilty of deception to	1397
obtain a dangerous drug. The penalty for the offense shall be	1398
determined as follows:	1399

(1) If the person possesses an uncompleted preprinted	1400
prescription blank used for writing a prescription for a dangerous	1401
drug or if the drug involved is a dangerous drug, except as	1402
otherwise provided in division (B)(2) or (3) of this section,	1403
deception to obtain a dangerous drug is a felony of the fifth	1404
degree or, if the offender previously has been convicted of or	1405
pleaded guilty to a drug abuse offense, a felony of the fourth	1406
degree. Division (C)(B) of section 2929.13 of the Revised Code	1407
applies in determining whether to impose a prison term on the	1408
offender pursuant to this division.	1409

(2) If the drug involved is a compound, mixture, preparation,	1410
or substance included in schedule I or II, with the exception of	1411
marihuana, the penalty for deception to obtain drugs is one of the	1412
following:	1413

(a) Except as otherwise provided in division (B)(2)(b), (c),	1414
or (d) of this section, it is a felony of the fourth degree, and	1415
division (C)(B) of section 2929.13 of the Revised Code applies in	1416
determining whether to impose a prison term on the offender.	1417

(b) If the amount of the drug involved equals or exceeds the	1418
bulk amount but is less than five times the bulk amount, or if the	1419
amount of the drug involved that could be obtained pursuant to the	1420
prescription would equal or exceed the bulk amount but would be	1421
less than five times the bulk amount, it is a felony of the third	1422
degree, and there is a presumption for a prison term for the	1423
offense.	1424

(c) If the amount of the drug involved equals or exceeds five	1425
times the bulk amount but is less than fifty times the bulk	1426
amount, or if the amount of the drug involved that could be	1427
obtained pursuant to the prescription would equal or exceed five	1428
times the bulk amount but would be less than fifty times the bulk	1429
amount, it is a felony of the second degree, and there is a	1430
presumption for a prison term for the offense.	1431

(d) If the amount of the drug involved equals or exceeds	1432
fifty times the bulk amount, or if the amount of the drug involved	1433
that could be obtained pursuant to the prescription would equal or	1434
exceed fifty times the bulk amount, it is a felony of the first	1435
degree, and there is a presumption for a prison term for the	1436
offense.	1437

(3) If the drug involved is a compound, mixture, preparation,	1438
or substance included in schedule III, IV, or V or is marihuana,	1439
the penalty for deception to obtain a dangerous drug is one of the	1440
following:	1441

(a) Except as otherwise provided in division (B)(3)(b), (c),	1442
or (d) of this section, it is a felony of the fifth degree, and	1443
division (C)(B) of section 2929.13 of the Revised Code applies in	1444
determining whether to impose a prison term on the offender.	1445

(b) If the amount of the drug involved equals or exceeds the	1446
bulk amount but is less than five times the bulk amount, or if the	1447
amount of the drug involved that could be obtained pursuant to the	1448
prescription would equal or exceed the bulk amount but would be	1449
less than five times the bulk amount, it is a felony of the fourth	1450
degree, and division (C)(B) of section 2929.13 of the Revised Code	1451
applies in determining whether to impose a prison term on the	1452
offender.	1453

(c) If the amount of the drug involved equals or exceeds five	1454
times the bulk amount but is less than fifty times the bulk	1455
amount, or if the amount of the drug involved that could be	1456
obtained pursuant to the prescription would equal or exceed five	1457
times the bulk amount but would be less than fifty times the bulk	1458
amount, it is a felony of the third degree, and there is a	1459
presumption for a prison term for the offense.	1460

(d) If the amount of the drug involved equals or exceeds	1461
fifty times the bulk amount, or if the amount of the drug involved	1462
that could be obtained pursuant to the prescription would equal or	1463
exceed fifty times the bulk amount, it is a felony of the second	1464
degree, and there is a presumption for a prison term for the	1465
offense.	1466

(C) In addition to any prison term authorized or required by	1467
division (B) of this section and sections 2929.13 and 2929.14 of	1468
the Revised Code and in addition to any other sanction imposed for	1469
the offense under this section or sections 2929.11 to 2929.18 of	1470
the Revised Code, the court that sentences an offender who is	1471
convicted of or pleads guilty to a violation of division (A) of	1472
this section shall do both of the following:	1473

(1) The court shall suspend for not less than six months or	1474
more than five years the offender's driver's or commercial	1475
driver's license or permit.	1476

(2) If the offender is a professionally licensed person, in	1477
addition to any other sanction imposed for a violation of this	1478
section, the court immediately shall comply with section 2925.38	1479
of the Revised Code.	1480

(D) Notwithstanding any contrary provision of section 3719.21	1481
of the Revised Code, the clerk of the court shall pay a fine	1482
imposed for a violation of this section pursuant to division (A)	1483
of section 2929.18 of the Revised Code in accordance with and	1484
subject to the requirements of division (F) of section 2925.03 of	1485
the Revised Code. The agency that receives the fine shall use the	1486
fine as specified in division (F) of section 2925.03 of the	1487
Revised Code.	1488

Sec. 2925.23.  (A) No person shall knowingly make a false	1489
statement in any prescription, order, report, or record required	1490
by Chapter 3719. or 4729. of the Revised Code.	1491

(B) No person shall intentionally make, utter, or sell, or	1492
knowingly possess any of the following that is a false or forged:	1493

(1) Prescription;

1494

(2) Uncompleted preprinted prescription blank used for	1495
writing a prescription;	1496

(3) Official written order;

1497

(4) License for a terminal distributor of dangerous drugs as	1498
required in section 4729.60 of the Revised Code;	1499

(5) Registration certificate for a wholesale distributor of	1500
dangerous drugs as required in section 4729.60 of the Revised	1501
Code.	1502

(C) No person, by theft as defined in section 2913.02 of the	1503
Revised Code, shall acquire any of the following:	1504

(1) A prescription;

1505

(2) An uncompleted preprinted prescription blank used for	1506
writing a prescription;	1507

(3) An official written order;

1508

(4) A blank official written order;

1509

(5) A license or blank license for a terminal distributor of	1510
dangerous drugs as required in section 4729.60 of the Revised	1511
Code;	1512

(6) A registration certificate or blank registration	1513
certificate for a wholesale distributor of dangerous drugs as	1514
required in section 4729.60 of the Revised Code.	1515

(D) No person shall knowingly make or affix any false or	1516
forged label to a package or receptacle containing any dangerous	1517
drugs.	1518

(E) Divisions (A) and (D) of this section do not apply to	1519
licensed health professionals authorized to prescribe drugs,	1520
pharmacists, owners of pharmacies, and other persons whose conduct	1521
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,	1522
4730., 4731., and 4741. of the Revised Code.	1523

(F) Whoever violates this section is guilty of illegal	1524
processing of drug documents. If the offender violates division	1525
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this	1526
section, illegal processing of drug documents is a felony of the	1527
fifth degree, and division (B) of section 2929.13 of the Revised	1528
Code applies in determining whether to impose a prison term on the	1529
offender. If the offender violates division (A), division (B)(1)	1530
or (3), division (C)(1) or (3), or division (D) of this section,	1531
the penalty for illegal processing of drug documents shall be	1532
determined as follows:	1533

(1) If the drug involved is a compound, mixture, preparation,	1534
or substance included in schedule I or II, with the exception of	1535
marihuana, illegal processing of drug documents is a felony of the	1536
fourth degree, and division (C)(B) of section 2929.13 of the	1537
Revised Code applies in determining whether to impose a prison	1538
term on the offender.	1539

(2) If the drug involved is a dangerous drug or a compound,	1540
mixture, preparation, or substance included in schedule III, IV,	1541
or V or is marihuana, illegal processing of drug documents is a	1542
felony of the fifth degree, and division (C)(B) of section 2929.13	1543
of the Revised Code applies in determining whether to impose a	1544
prison term on the offender.	1545

(G) In addition to any prison term authorized or required by	1546
division (F) of this section and sections 2929.13 and 2929.14 of	1547
the Revised Code and in addition to any other sanction imposed for	1548
the offense under this section or sections 2929.11 to 2929.18 of	1549
the Revised Code, the court that sentences an offender who is	1550
convicted of or pleads guilty to any violation of divisions (A) to	1551
(D) of this section shall do both of the following:	1552

(1) The court shall suspend for not less than six months or	1553
more than five years the offender's driver's or commercial	1554
driver's license or permit.	1555

(2) If the offender is a professionally licensed person, in	1556
addition to any other sanction imposed for a violation of this	1557
section, the court immediately shall comply with section 2925.38	1558
of the Revised Code.	1559

(H) Notwithstanding any contrary provision of section 3719.21	1560
of the Revised Code, the clerk of court shall pay a fine imposed	1561
for a violation of this section pursuant to division (A) of	1562
section 2929.18 of the Revised Code in accordance with and subject	1563
to the requirements of division (F) of section 2925.03 of the	1564
Revised Code. The agency that receives the fine shall use the fine	1565
as specified in division (F) of section 2925.03 of the Revised	1566
Code.	1567

Sec. 2925.36.  (A) No person shall knowingly furnish another	1568
a sample drug.	1569

(B) Division (A) of this section does not apply to	1570
manufacturers, wholesalers, pharmacists, owners of pharmacies,	1571
licensed health professionals authorized to prescribe drugs, and	1572
other persons whose conduct is in accordance with Chapters 3719.,	1573
4715., 4723., 4725., 4729., 4730., 4731., and 4741. of the Revised	1574
Code.	1575

(C)(1) Whoever violates this section is guilty of illegal	1576
dispensing of drug samples.	1577

(2) If the drug involved in the offense is a compound,	1578
mixture, preparation, or substance included in schedule I or II,	1579
with the exception of marihuana, the penalty for the offense shall	1580
be determined as follows:	1581

(a) Except as otherwise provided in division (C)(2)(b) of	1582
this section, illegal dispensing of drug samples is a felony of	1583
the fifth degree, and, subject to division (E) of this section,	1584
division (C)(B) of section 2929.13 of the Revised Code applies in	1585
determining whether to impose a prison term on the offender.	1586

(b) If the offense was committed in the vicinity of a school	1587
or in the vicinity of a juvenile, illegal dispensing of drug	1588
samples is a felony of the fourth degree, and, subject to division	1589
(E) of this section, division (C)(B) of section 2929.13 of the	1590
Revised Code applies in determining whether to impose a prison	1591
term on the offender.	1592

(3) If the drug involved in the offense is a dangerous drug	1593
or a compound, mixture, preparation, or substance included in	1594
schedule III, IV, or V, or is marihuana, the penalty for the	1595
offense shall be determined as follows:	1596

(a) Except as otherwise provided in division (C)(3)(b) of	1597
this section, illegal dispensing of drug samples is a misdemeanor	1598
of the second degree.	1599

(b) If the offense was committed in the vicinity of a school	1600
or in the vicinity of a juvenile, illegal dispensing of drug	1601
samples is a misdemeanor of the first degree.	1602

(D) In addition to any prison term authorized or required by	1603
division (C) or (E) of this section and sections 2929.13 and	1604
2929.14 of the Revised Code and in addition to any other sanction	1605
imposed for the offense under this section or sections 2929.11 to	1606
2929.18 of the Revised Code, the court that sentences an offender	1607
who is convicted of or pleads guilty to a violation of division	1608
(A) of this section shall do both of the following:	1609

(1) The court shall suspend for not less than six months or	1610
more than five years the offender's driver's or commercial	1611
driver's license or permit.	1612

(2) If the offender is a professionally licensed person, in	1613
addition to any other sanction imposed for a violation of this	1614
section, the court immediately shall comply with section 2925.38	1615
of the Revised Code.	1616

(E) Notwithstanding the prison term authorized or required by	1617
division (C) of this section and sections 2929.13 and 2929.14 of	1618
the Revised Code, if the violation of division (A) of this section	1619
involves the sale, offer to sell, or possession of a schedule I or	1620
II controlled substance, with the exception of marihuana, and if	1621
the court imposing sentence upon the offender finds that the	1622
offender as a result of the violation is a major drug offender and	1623
is guilty of a specification of the type described in section	1624
2941.1410 of the Revised Code, the court, in lieu of the prison	1625
term otherwise authorized or required, shall impose upon the	1626
offender the mandatory prison term specified in division (B)(3)(a)	1627
of section 2929.14 of the Revised Code.	1628

(F) Notwithstanding any contrary provision of section 3719.21	1629
of the Revised Code, the clerk of the court shall pay a fine	1630
imposed for a violation of this section pursuant to division (A)	1631
of section 2929.18 of the Revised Code in accordance with and	1632
subject to the requirements of division (F) of section 2925.03 of	1633
the Revised Code. The agency that receives the fine shall use the	1634
fine as specified in division (F) of section 2925.03 of the	1635
Revised Code.	1636

Sec. 2925.37.  (A) No person shall knowingly possess any	1637
counterfeit controlled substance.	1638

(B) No person shall knowingly make, sell, offer to sell, or	1639
deliver any substance that the person knows is a counterfeit	1640
controlled substance.	1641

(C) No person shall make, possess, sell, offer to sell, or	1642
deliver any punch, die, plate, stone, or other device knowing or	1643
having reason to know that it will be used to print or reproduce a	1644
trademark, trade name, or other identifying mark upon a	1645
counterfeit controlled substance.	1646

(D) No person shall sell, offer to sell, give, or deliver any	1647
counterfeit controlled substance to a juvenile.	1648

(E) No person shall directly or indirectly represent a	1649
counterfeit controlled substance as a controlled substance by	1650
describing its effects as the physical or psychological effects	1651
associated with use of a controlled substance.	1652

(F) No person shall directly or indirectly falsely represent	1653
or advertise a counterfeit controlled substance as a controlled	1654
substance. As used in this division, "advertise" means engaging in	1655
"advertisement," as defined in section 3715.01 of the Revised	1656
Code.	1657

(G) Whoever violates division (A) of this section is guilty	1658
of possession of counterfeit controlled substances, a misdemeanor	1659
of the first degree.	1660

(H) Whoever violates division (B) or (C) of this section is	1661
guilty of trafficking in counterfeit controlled substances. Except	1662
as otherwise provided in this division, trafficking in counterfeit	1663
controlled substances is a felony of the fifth degree, and	1664
division (C)(B) of section 2929.13 of the Revised Code applies in	1665
determining whether to impose a prison term on the offender. If	1666
the offense was committed in the vicinity of a school or in the	1667
vicinity of a juvenile, trafficking in counterfeit controlled	1668
substances is a felony of the fourth degree, and division (C)(B)	1669
of section 2929.13 of the Revised Code applies in determining	1670
whether to impose a prison term on the offender.	1671

(I) Whoever violates division (D) of this section is guilty	1672
of aggravated trafficking in counterfeit controlled substances.	1673
Except as otherwise provided in this division, aggravated	1674
trafficking in counterfeit controlled substances is a felony of	1675
the fourth degree, and division (C)(B) of section 2929.13 of the	1676
Revised Code applies in determining whether to impose a prison	1677
term on the offender.	1678

(J) Whoever violates division (E) of this section is guilty	1679
of promoting and encouraging drug abuse. Except as otherwise	1680
provided in this division, promoting and encouraging drug abuse is	1681
a felony of the fifth degree, and division (C)(B) of section	1682
2929.13 of the Revised Code applies in determining whether to	1683
impose a prison term on the offender. If the offense was committed	1684
in the vicinity of a school or in the vicinity of a juvenile,	1685
promoting and encouraging drug abuse is a felony of the fourth	1686
degree, and division (C)(B) of section 2929.13 of the Revised Code	1687
applies in determining whether to impose a prison term on the	1688
offender.	1689

(K) Whoever violates division (F) of this section is guilty	1690
of fraudulent drug advertising. Except as otherwise provided in	1691
this division, fraudulent drug advertising is a felony of the	1692
fifth degree, and division (C)(B) of section 2929.13 of the	1693
Revised Code applies in determining whether to impose a prison	1694
term on the offender. If the offense was committed in the vicinity	1695
of a school or in the vicinity of a juvenile, fraudulent drug	1696
advertising is a felony of the fourth degree, and division (C)(B)	1697
of section 2929.13 of the Revised Code applies in determining	1698
whether to impose a prison term on the offender.	1699

(L) In addition to any prison term authorized or required by	1700
divisions (H) to (K) of this section and sections 2929.13 and	1701
2929.14 of the Revised Code and in addition to any other sanction	1702
imposed for the offense under this section or sections 2929.11 to	1703
2929.18 of the Revised Code, the court that sentences an offender	1704
who is convicted of or pleads guilty to a violation of division	1705
(B), (C), (D), (E), or (F) of this section shall do both of the	1706
following:	1707

(1) The court shall suspend for not less than six months or	1708
more than five years the offender's driver's or commercial	1709
driver's license or permit.	1710

(2) If the offender is a professionally licensed person, in	1711
addition to any other sanction imposed for a violation of this	1712
section, the court immediately shall comply with section 2925.38	1713
of the Revised Code.	1714

(M) Notwithstanding any contrary provision of section 3719.21	1715
of the Revised Code, the clerk of the court shall pay a fine	1716
imposed for a violation of this section pursuant to division (A)	1717
of section 2929.18 of the Revised Code in accordance with and	1718
subject to the requirements of division (F) of section 2925.03 of	1719
the Revised Code. The agency that receives the fine shall use the	1720
fine as specified in division (F) of section 2925.03 of the	1721
Revised Code.	1722

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1723
or (G) of this section and unless a specific sanction is required	1724
to be imposed or is precluded from being imposed pursuant to law,	1725
a court that imposes a sentence upon an offender for a felony may	1726
impose any sanction or combination of sanctions on the offender	1727
that are provided in sections 2929.14 to 2929.18 of the Revised	1728
Code.	1729

If the offender is eligible to be sentenced to community	1730
control sanctions, the court shall consider the appropriateness of	1731
imposing a financial sanction pursuant to section 2929.18 of the	1732
Revised Code or a sanction of community service pursuant to	1733
section 2929.17 of the Revised Code as the sole sanction for the	1734
offense. Except as otherwise provided in this division, if the	1735
court is required to impose a mandatory prison term for the	1736
offense for which sentence is being imposed, the court also shall	1737
impose any financial sanction pursuant to section 2929.18 of the	1738
Revised Code that is required for the offense and may impose any	1739
other financial sanction pursuant to that section but may not	1740
impose any additional sanction or combination of sanctions under	1741
section 2929.16 or 2929.17 of the Revised Code.	1742

If the offender is being sentenced for a fourth degree felony	1743
OVI offense or for a third degree felony OVI offense, in addition	1744
to the mandatory term of local incarceration or the mandatory	1745
prison term required for the offense by division (G)(1) or (2) of	1746
this section, the court shall impose upon the offender a mandatory	1747
fine in accordance with division (B)(3) of section 2929.18 of the	1748
Revised Code and may impose whichever of the following is	1749
applicable:	1750

(1) For a fourth degree felony OVI offense for which sentence	1751
is imposed under division (G)(1) of this section, an additional	1752
community control sanction or combination of community control	1753
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1754
the court imposes upon the offender a community control sanction	1755
and the offender violates any condition of the community control	1756
sanction, the court may take any action prescribed in division (B)	1757
of section 2929.15 of the Revised Code relative to the offender,	1758
including imposing a prison term on the offender pursuant to that	1759
division.	1760

(2) For a third or fourth degree felony OVI offense for which	1761
sentence is imposed under division (G)(2) of this section, an	1762
additional prison term as described in division (B)(4) of section	1763
2929.14 of the Revised Code or a community control sanction as	1764
described in division (G)(2) of this section.	1765

(B)(1)(a) Except as provided in division (B)(1)(b) of this	1766
section, if an offender is convicted of or pleads guilty to a	1767
felony of the fourth or fifth degree that is not an offense of	1768
violence or that is a qualifying assault offense, the court shall	1769
sentence the offender to a community control sanction of at least	1770
one year's duration if all of the following apply:	1771

(i) The offender previously has not been convicted of or	1772
pleaded guilty to a felony offense.	1773

(ii) The most serious charge against the offender at the time	1774
of sentencing is a felony of the fourth or fifth degree.	1775

(iii) If the court made a request of the department of	1776
rehabilitation and correction pursuant to division (B)(1)(c) of	1777
this section, the department, within the forty-five-day period	1778
specified in that division, provided the court with the names of,	1779
contact information for, and program details of one or more	1780
community control sanctions of at least one year's duration that	1781
are available for persons sentenced by the court.	1782

(iv) The offender previously has not been convicted of or	1783
pleaded guilty to a misdemeanor offense of violence that the	1784
offender committed within two years prior to the offense for which	1785
sentence is being imposed.	1786

(b) The court has discretion to impose a prison term upon an	1787
offender who is convicted of or pleads guilty to a felony of the	1788
fourth or fifth degree that is not an offense of violence or that	1789
is a qualifying assault offense if any of the following apply:	1790

(i) The offender committed the offense while having a firearm	1791
on or about the offender's person or under the offender's control.	1792

(ii) If the offense is a qualifying assault offense, the	1793
offender caused serious physical harm to another person while	1794
committing the offense, and, if the offense is not a qualifying	1795
assault offense, the offender caused physical harm to another	1796
person while committing the offense.	1797

(iii) The offender violated a term of the conditions of bond	1798
as set by the court.	1799

(iv) The court made a request of the department of	1800
rehabilitation and correction pursuant to division (B)(1)(c) of	1801
this section, and the department, within the forty-five-day period	1802
specified in that division, did not provide the court with the	1803
name of, contact information for, and program details of any	1804
community control sanction of at least one year's duration that is	1805
available for persons sentenced by the court.	1806

(v) The offense is a sex offense that is a fourth or fifth	1807
degree felony violation of any provision of Chapter 2907. of the	1808
Revised Code.	1809

(vi) In committing the offense, the offender attempted to	1810
cause or made an actual threat of physical harm to a person with a	1811
deadly weapon.	1812

(vii) In committing the offense, the offender attempted to	1813
cause or made an actual threat of physical harm to a person, and	1814
the offender previously was convicted of an offense that caused	1815
physical harm to a person.	1816

(viii) The offender held a public office or position of	1817
trust, and the offense related to that office or position; the	1818
offender's position obliged the offender to prevent the offense or	1819
to bring those committing it to justice; or the offender's	1820
professional reputation or position facilitated the offense or was	1821
likely to influence the future conduct of others.	1822

(ix) The offender committed the offense for hire or as part	1823
of an organized criminal activity.	1824

(x) The offender at the time of the offense was serving, or	1825
the offender previously had served, a prison term.	1826

(xi) The offender committed the offense while under a	1827
community control sanction, while on probation, or while released	1828
from custody on a bond or personal recognizance.	1829

(c) If a court that is sentencing an offender who is	1830
convicted of or pleads guilty to a felony of the fourth or fifth	1831
degree that is not an offense of violence or that is a qualifying	1832
assault offense believes that no community control sanctions are	1833
available for its use that, if imposed on the offender, will	1834
adequately fulfill the overriding principles and purposes of	1835
sentencing, the court shall contact the department of	1836
rehabilitation and correction and ask the department to provide	1837
the court with the names of, contact information for, and program	1838
details of one or more community control sanctions of at least one	1839
year's duration that are available for persons sentenced by the	1840
court. Not later than forty-five days after receipt of a request	1841
from a court under this division, the department shall provide the	1842
court with the names of, contact information for, and program	1843
details of one or more community control sanctions of at least one	1844
year's duration that are available for persons sentenced by the	1845
court, if any. Upon making a request under this division that	1846
relates to a particular offender, a court shall defer sentencing	1847
of that offender until it receives from the department the names	1848
of, contact information for, and program details of one or more	1849
community control sanctions of at least one year's duration that	1850
are available for persons sentenced by the court or for forty-five	1851
days, whichever is the earlier.	1852

If the department provides the court with the names of,	1853
contact information for, and program details of one or more	1854
community control sanctions of at least one year's duration that	1855
are available for persons sentenced by the court within the	1856
forty-five-day period specified in this division, the court shall	1857
impose upon the offender a community control sanction under	1858
division (B)(1)(a) of this section, except that the court may	1859
impose a prison term under division (B)(1)(b) of this section if a	1860
factor described in division (B)(1)(b)(i) or (ii) of this section	1861
applies. If the department does not provide the court with the	1862
names of, contact information for, and program details of one or	1863
more community control sanctions of at least one year's duration	1864
that are available for persons sentenced by the court within the	1865
forty-five-day period specified in this division, the court may	1866
impose upon the offender a prison term under division	1867
(B)(1)(b)(iv) of this section.	1868

(d) A sentencing court may impose an additional penalty under	1869
division (B) of section 2929.15 of the Revised Code upon an	1870
offender sentenced to a community control sanction under division	1871
(B)(1)(a) of this section if the offender violates the conditions	1872
of the community control sanction, violates a law, or leaves the	1873
state without the permission of the court or the offender's	1874
probation officer.	1875

(2) If division (B)(1) of this section does not apply, except	1876
as provided in division (E), (F), or (G) of this section, in	1877
determining whether to impose a prison term as a sanction for a	1878
felony of the fourth or fifth degree, the sentencing court shall	1879
comply with the purposes and principles of sentencing under	1880
section 2929.11 of the Revised Code and with section 2929.12 of	1881
the Revised Code.	1882

(C) Except as provided in division (D), (E), (F), or (G) of	1883
this section, in determining whether to impose a prison term as a	1884
sanction for a felony of the third degree or a felony drug offense	1885
that is a violation of a provision of Chapter 2925. of the Revised	1886
Code and that is specified as being subject to this division for	1887
purposes of sentencing, the sentencing court shall comply with the	1888
purposes and principles of sentencing under section 2929.11 of the	1889
Revised Code and with section 2929.12 of the Revised Code.	1890

(D)(1) Except as provided in division (E) or (F) of this	1891
section, for a felony of the first or second degree, for a felony	1892
drug offense that is a violation of any provision of Chapter	1893
2925., 3719., or 4729. of the Revised Code for which a presumption	1894
in favor of a prison term is specified as being applicable, and	1895
for a violation of division (A)(4) or (B) of section 2907.05 of	1896
the Revised Code for which a presumption in favor of a prison term	1897
is specified as being applicable, it is presumed that a prison	1898
term is necessary in order to comply with the purposes and	1899
principles of sentencing under section 2929.11 of the Revised	1900
Code. Division (D)(2) of this section does not apply to a	1901
presumption established under this division for a violation of	1902
division (A)(4) of section 2907.05 of the Revised Code.	1903

(2) Notwithstanding the presumption established under	1904
division (D)(1) of this section for the offenses listed in that	1905
division other than a violation of division (A)(4) or (B) of	1906
section 2907.05 of the Revised Code, the sentencing court may	1907
impose a community control sanction or a combination of community	1908
control sanctions instead of a prison term on an offender for a	1909
felony of the first or second degree or for a felony drug offense	1910
that is a violation of any provision of Chapter 2925., 3719., or	1911
4729. of the Revised Code for which a presumption in favor of a	1912
prison term is specified as being applicable if it makes both of	1913
the following findings:	1914

(a) A community control sanction or a combination of	1915
community control sanctions would adequately punish the offender	1916
and protect the public from future crime, because the applicable	1917
factors under section 2929.12 of the Revised Code indicating a	1918
lesser likelihood of recidivism outweigh the applicable factors	1919
under that section indicating a greater likelihood of recidivism.	1920

(b) A community control sanction or a combination of	1921
community control sanctions would not demean the seriousness of	1922
the offense, because one or more factors under section 2929.12 of	1923
the Revised Code that indicate that the offender's conduct was	1924
less serious than conduct normally constituting the offense are	1925
applicable, and they outweigh the applicable factors under that	1926
section that indicate that the offender's conduct was more serious	1927
than conduct normally constituting the offense.	1928

(E)(1) Except as provided in division (F) of this section,	1929
for any drug offense that is a violation of any provision of	1930
Chapter 2925. of the Revised Code and that is a felony of the	1931
third, fourth, or fifth degree, the applicability of a presumption	1932
under division (D) of this section in favor of a prison term or of	1933
division (B) or (C) of this section in determining whether to	1934
impose a prison term for the offense shall be determined as	1935
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1936
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1937
Revised Code, whichever is applicable regarding the violation.	1938

(2) If an offender who was convicted of or pleaded guilty to	1939
a felony violates the conditions of a community control sanction	1940
imposed for the offense solely by reason of producing positive	1941
results on a drug test, the court, as punishment for the violation	1942
of the sanction, shall not order that the offender be imprisoned	1943
unless the court determines on the record either of the following:	1944

(a) The offender had been ordered as a sanction for the	1945
felony to participate in a drug treatment program, in a drug	1946
education program, or in narcotics anonymous or a similar program,	1947
and the offender continued to use illegal drugs after a reasonable	1948
period of participation in the program.	1949

(b) The imprisonment of the offender for the violation is	1950
consistent with the purposes and principles of sentencing set	1951
forth in section 2929.11 of the Revised Code.	1952

(3) A court that sentences an offender for a drug abuse	1953
offense that is a felony of the third, fourth, or fifth degree may	1954
require that the offender be assessed by a properly credentialed	1955
professional within a specified period of time. The court shall	1956
require the professional to file a written assessment of the	1957
offender with the court. If the offender is eligible for a	1958
community control sanction and after considering the written	1959
assessment, the court may impose a community control sanction that	1960
includes treatment and recovery support services authorized by	1961
section 3793.02 of the Revised Code. If the court imposes	1962
treatment and recovery support services as a community control	1963
sanction, the court shall direct the level and type of treatment	1964
and recovery support services after considering the assessment and	1965
recommendation of treatment and recovery support services	1966
providers.	1967

(F) Notwithstanding divisions (A) to (E) of this section, the	1968
court shall impose a prison term or terms under sections 2929.02	1969
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	1970
of the Revised Code and except as specifically provided in section	1971
2929.20, divisions (C) to (I) of section 2967.19, or section	1972
2967.191 of the Revised Code or when parole is authorized for the	1973
offense under section 2967.13 of the Revised Code shall not reduce	1974
the term or terms pursuant to section 2929.20, section 2967.19,	1975
section 2967.193, or any other provision of Chapter 2967. or	1976
Chapter 5120. of the Revised Code for any of the following	1977
offenses:	1978

(1) Aggravated murder when death is not imposed or murder;

1979

(2) Any rape, regardless of whether force was involved and	1980
regardless of the age of the victim, or an attempt to commit rape	1981
if, had the offender completed the rape that was attempted, the	1982
offender would have been guilty of a violation of division	1983
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1984
sentenced under section 2971.03 of the Revised Code;	1985

(3) Gross sexual imposition or sexual battery, if the victim	1986
is less than thirteen years of age and if any of the following	1987
applies:	1988

(a) Regarding gross sexual imposition, the offender	1989
previously was convicted of or pleaded guilty to rape, the former	1990
offense of felonious sexual penetration, gross sexual imposition,	1991
or sexual battery, and the victim of the previous offense was less	1992
than thirteen years of age;	1993

(b) Regarding gross sexual imposition, the offense was	1994
committed on or after August 3, 2006, and evidence other than the	1995
testimony of the victim was admitted in the case corroborating the	1996
violation.	1997

(c) Regarding sexual battery, either of the following	1998
applies:	1999

(i) The offense was committed prior to August 3, 2006, the	2000
offender previously was convicted of or pleaded guilty to rape,	2001
the former offense of felonious sexual penetration, or sexual	2002
battery, and the victim of the previous offense was less than	2003
thirteen years of age.	2004

(ii) The offense was committed on or after August 3, 2006.

2005

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2006
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	2007
if the section requires the imposition of a prison term;	2008

(5) A first, second, or third degree felony drug offense for	2009
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2010
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2011
4729.99 of the Revised Code, whichever is applicable regarding the	2012
violation, requires the imposition of a mandatory prison term;	2013

(6) Any offense that is a first or second degree felony and	2014
that is not set forth in division (F)(1), (2), (3), or (4) of this	2015
section, if the offender previously was convicted of or pleaded	2016
guilty to aggravated murder, murder, any first or second degree	2017
felony, or an offense under an existing or former law of this	2018
state, another state, or the United States that is or was	2019
substantially equivalent to one of those offenses;	2020

(7) Any offense that is a third degree felony and either is a	2021
violation of section 2903.04 of the Revised Code or an attempt to	2022
commit a felony of the second degree that is an offense of	2023
violence and involved an attempt to cause serious physical harm to	2024
a person or that resulted in serious physical harm to a person if	2025
the offender previously was convicted of or pleaded guilty to any	2026
of the following offenses:	2027

(a) Aggravated murder, murder, involuntary manslaughter,	2028
rape, felonious sexual penetration as it existed under section	2029
2907.12 of the Revised Code prior to September 3, 1996, a felony	2030
of the first or second degree that resulted in the death of a	2031
person or in physical harm to a person, or complicity in or an	2032
attempt to commit any of those offenses;	2033

(b) An offense under an existing or former law of this state,	2034
another state, or the United States that is or was substantially	2035
equivalent to an offense listed in division (F)(7)(a) of this	2036
section that resulted in the death of a person or in physical harm	2037
to a person.	2038

(8) Any offense, other than a violation of section 2923.12 of	2039
the Revised Code, that is a felony, if the offender had a firearm	2040
on or about the offender's person or under the offender's control	2041
while committing the felony, with respect to a portion of the	2042
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	2043
of the Revised Code for having the firearm;	2044

(9) Any offense of violence that is a felony, if the offender	2045
wore or carried body armor while committing the felony offense of	2046
violence, with respect to the portion of the sentence imposed	2047
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	2048
Code for wearing or carrying the body armor;	2049

(10) Corrupt activity in violation of section 2923.32 of the	2050
Revised Code when the most serious offense in the pattern of	2051
corrupt activity that is the basis of the offense is a felony of	2052
the first degree;	2053

(11) Any violent sex offense or designated homicide, assault,	2054
or kidnapping offense if, in relation to that offense, the	2055
offender is adjudicated a sexually violent predator;	2056

(12) A violation of division (A)(1) or (2) of section 2921.36	2057
of the Revised Code, or a violation of division (C) of that	2058
section involving an item listed in division (A)(1) or (2) of that	2059
section, if the offender is an officer or employee of the	2060
department of rehabilitation and correction;	2061

(13) A violation of division (A)(1) or (2) of section 2903.06	2062
of the Revised Code if the victim of the offense is a peace	2063
officer, as defined in section 2935.01 of the Revised Code, or an	2064
investigator of the bureau of criminal identification and	2065
investigation, as defined in section 2903.11 of the Revised Code,	2066
with respect to the portion of the sentence imposed pursuant to	2067
division (B)(5) of section 2929.14 of the Revised Code;	2068

(14) A violation of division (A)(1) or (2) of section 2903.06	2069
of the Revised Code if the offender has been convicted of or	2070
pleaded guilty to three or more violations of division (A) or (B)	2071
of section 4511.19 of the Revised Code or an equivalent offense,	2072
as defined in section 2941.1415 of the Revised Code, or three or	2073
more violations of any combination of those divisions and	2074
offenses, with respect to the portion of the sentence imposed	2075
pursuant to division (B)(6) of section 2929.14 of the Revised	2076
Code;	2077

(15) Kidnapping, in the circumstances specified in section	2078
2971.03 of the Revised Code and when no other provision of	2079
division (F) of this section applies;	2080

(16) Kidnapping, abduction, compelling prostitution,	2081
promoting prostitution, engaging in a pattern of corrupt activity,	2082
illegal use of a minor in a nudity-oriented material or	2083
performance in violation of division (A)(1) or (2) of section	2084
2907.323 of the Revised Code, or endangering children in violation	2085
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	2086
the Revised Code, if the offender is convicted of or pleads guilty	2087
to a specification as described in section 2941.1422 of the	2088
Revised Code that was included in the indictment, count in the	2089
indictment, or information charging the offense;	2090

(17) A felony violation of division (A) or (B) of section	2091
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	2092
that section, and division (D)(6) of that section, require the	2093
imposition of a prison term;	2094

(18) A felony violation of section 2903.11, 2903.12, or	2095
2903.13 of the Revised Code, if the victim of the offense was a	2096
woman that the offender knew was pregnant at the time of the	2097
violation, with respect to a portion of the sentence imposed	2098
pursuant to division (B)(8) of section 2929.14 of the Revised	2099
Code.	2100

(G) Notwithstanding divisions (A) to (E) of this section, if	2101
an offender is being sentenced for a fourth degree felony OVI	2102
offense or for a third degree felony OVI offense, the court shall	2103
impose upon the offender a mandatory term of local incarceration	2104
or a mandatory prison term in accordance with the following:	2105

(1) If the offender is being sentenced for a fourth degree	2106
felony OVI offense and if the offender has not been convicted of	2107
and has not pleaded guilty to a specification of the type	2108
described in section 2941.1413 of the Revised Code, the court may	2109
impose upon the offender a mandatory term of local incarceration	2110
of sixty days or one hundred twenty days as specified in division	2111
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2112
not reduce the term pursuant to section 2929.20, 2967.193, or any	2113
other provision of the Revised Code. The court that imposes a	2114
mandatory term of local incarceration under this division shall	2115
specify whether the term is to be served in a jail, a	2116
community-based correctional facility, a halfway house, or an	2117
alternative residential facility, and the offender shall serve the	2118
term in the type of facility specified by the court. A mandatory	2119
term of local incarceration imposed under division (G)(1) of this	2120
section is not subject to any other Revised Code provision that	2121
pertains to a prison term except as provided in division (A)(1) of	2122
this section.	2123

(2) If the offender is being sentenced for a third degree	2124
felony OVI offense, or if the offender is being sentenced for a	2125
fourth degree felony OVI offense and the court does not impose a	2126
mandatory term of local incarceration under division (G)(1) of	2127
this section, the court shall impose upon the offender a mandatory	2128
prison term of one, two, three, four, or five years if the	2129
offender also is convicted of or also pleads guilty to a	2130
specification of the type described in section 2941.1413 of the	2131
Revised Code or shall impose upon the offender a mandatory prison	2132
term of sixty days or one hundred twenty days as specified in	2133
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2134
if the offender has not been convicted of and has not pleaded	2135
guilty to a specification of that type. Subject to divisions (C)	2136
to (I) of section 2967.19 of the Revised Code, the court shall not	2137
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	2138
any other provision of the Revised Code. The offender shall serve	2139
the one-, two-, three-, four-, or five-year mandatory prison term	2140
consecutively to and prior to the prison term imposed for the	2141
underlying offense and consecutively to any other mandatory prison	2142
term imposed in relation to the offense. In no case shall an	2143
offender who once has been sentenced to a mandatory term of local	2144
incarceration pursuant to division (G)(1) of this section for a	2145
fourth degree felony OVI offense be sentenced to another mandatory	2146
term of local incarceration under that division for any violation	2147
of division (A) of section 4511.19 of the Revised Code. In	2148
addition to the mandatory prison term described in division (G)(2)	2149
of this section, the court may sentence the offender to a	2150
community control sanction under section 2929.16 or 2929.17 of the	2151
Revised Code, but the offender shall serve the prison term prior	2152
to serving the community control sanction. The department of	2153
rehabilitation and correction may place an offender sentenced to a	2154
mandatory prison term under this division in an intensive program	2155
prison established pursuant to section 5120.033 of the Revised	2156
Code if the department gave the sentencing judge prior notice of	2157
its intent to place the offender in an intensive program prison	2158
established under that section and if the judge did not notify the	2159
department that the judge disapproved the placement. Upon the	2160
establishment of the initial intensive program prison pursuant to	2161
section 5120.033 of the Revised Code that is privately operated	2162
and managed by a contractor pursuant to a contract entered into	2163
under section 9.06 of the Revised Code, both of the following	2164
apply:	2165

(a) The department of rehabilitation and correction shall	2166
make a reasonable effort to ensure that a sufficient number of	2167
offenders sentenced to a mandatory prison term under this division	2168
are placed in the privately operated and managed prison so that	2169
the privately operated and managed prison has full occupancy.	2170

(b) Unless the privately operated and managed prison has full	2171
occupancy, the department of rehabilitation and correction shall	2172
not place any offender sentenced to a mandatory prison term under	2173
this division in any intensive program prison established pursuant	2174
to section 5120.033 of the Revised Code other than the privately	2175
operated and managed prison.	2176

(H) If an offender is being sentenced for a sexually oriented	2177
offense or child-victim oriented offense that is a felony	2178
committed on or after January 1, 1997, the judge shall require the	2179
offender to submit to a DNA specimen collection procedure pursuant	2180
to section 2901.07 of the Revised Code.	2181

(I) If an offender is being sentenced for a sexually oriented	2182
offense or a child-victim oriented offense committed on or after	2183
January 1, 1997, the judge shall include in the sentence a summary	2184
of the offender's duties imposed under sections 2950.04, 2950.041,	2185
2950.05, and 2950.06 of the Revised Code and the duration of the	2186
duties. The judge shall inform the offender, at the time of	2187
sentencing, of those duties and of their duration. If required	2188
under division (A)(2) of section 2950.03 of the Revised Code, the	2189
judge shall perform the duties specified in that section, or, if	2190
required under division (A)(6) of section 2950.03 of the Revised	2191
Code, the judge shall perform the duties specified in that	2192
division.	2193

(J)(1) Except as provided in division (J)(2) of this section,	2194
when considering sentencing factors under this section in relation	2195
to an offender who is convicted of or pleads guilty to an attempt	2196
to commit an offense in violation of section 2923.02 of the	2197
Revised Code, the sentencing court shall consider the factors	2198
applicable to the felony category of the violation of section	2199
2923.02 of the Revised Code instead of the factors applicable to	2200
the felony category of the offense attempted.	2201

(2) When considering sentencing factors under this section in	2202
relation to an offender who is convicted of or pleads guilty to an	2203
attempt to commit a drug abuse offense for which the penalty is	2204
determined by the amount or number of unit doses of the controlled	2205
substance involved in the drug abuse offense, the sentencing court	2206
shall consider the factors applicable to the felony category that	2207
the drug abuse offense attempted would be if that drug abuse	2208
offense had been committed and had involved an amount or number of	2209
unit doses of the controlled substance that is within the next	2210
lower range of controlled substance amounts than was involved in	2211
the attempt.	2212

(K) As used in this section:

2213

(1) "Drug, "drug abuse offense" has the same meaning as in	2214
section 2925.01 of the Revised Code.	2215

(2) "Qualifying assault offense" means a violation of section	2216
2903.13 of the Revised Code for which the penalty provision in	2217
division (C)(8)(b) or (C)(9)(b) of that section applies.	2218

(L) At the time of sentencing an offender for any sexually	2219
oriented offense, if the offender is a tier III sex	2220
offender/child-victim offender relative to that offense and the	2221
offender does not serve a prison term or jail term, the court may	2222
require that the offender be monitored by means of a global	2223
positioning device. If the court requires such monitoring, the	2224
cost of monitoring shall be borne by the offender. If the offender	2225
is indigent, the cost of compliance shall be paid by the crime	2226
victims reparations fund.	2227

Sec. 2951.041.  (A)(1) If an offender is charged with a	2228
criminal offense, including but not limited to a violation of	2229
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2230
the Revised Code, and the court has reason to believe that drug or	2231
alcohol usage by the offender was a factor leading to the criminal	2232
offense with which the offender is charged or that, at the time of	2233
committing that offense, the offender had a mental illness or was	2234
a person with intellectual disability and that the mental illness	2235
or status as a person with intellectual disability was a factor	2236
leading to the offender's criminal behavior, the court may accept,	2237
prior to the entry of a guilty plea, the offender's request for	2238
intervention in lieu of conviction. The request shall include a	2239
statement from the offender as to whether the offender is alleging	2240
that drug or alcohol usage by the offender was a factor leading to	2241
the criminal offense with which the offender is charged or is	2242
alleging that, at the time of committing that offense, the	2243
offender had a mental illness or was a person with intellectual	2244
disability and that the mental illness or status as a person with	2245
intellectual disability was a factor leading to the criminal	2246
offense with which the offender is charged. The request also shall	2247
include a waiver of the defendant's right to a speedy trial, the	2248
preliminary hearing, the time period within which the grand jury	2249
may consider an indictment against the offender, and arraignment,	2250
unless the hearing, indictment, or arraignment has already	2251
occurred. The court may reject an offender's request without a	2252
hearing. If the court elects to consider an offender's request,	2253
the court shall conduct a hearing to determine whether the	2254
offender is eligible under this section for intervention in lieu	2255
of conviction and shall stay all criminal proceedings pending the	2256
outcome of the hearing. If the court schedules a hearing, the	2257
court shall order an assessment of the offender for the purpose of	2258
determining the offender's eligibility for intervention in lieu of	2259
conviction and recommending an appropriate intervention plan.	2260

If the offender alleges that drug or alcohol usage by the	2261
offender was a factor leading to the criminal offense with which	2262
the offender is charged, the court may order that the offender be	2263
assessed by an addiction services provider certified pursuant to	2264
section 5119.36 of the Revised Code or a properly credentialed	2265
professional for the purpose of determining the offender's	2266
eligibility for intervention in lieu of conviction and	2267
recommending an appropriate intervention plan. The addiction	2268
services provider or the properly credentialed professional shall	2269
provide a written assessment of the offender to the court.	2270

(2) The victim notification provisions of division (C) of	2271
section 2930.08 of the Revised Code apply in relation to any	2272
hearing held under division (A)(1) of this section.	2273

(B) An offender is eligible for intervention in lieu of	2274
conviction if the court finds all of the following:	2275

(1) The offender previously has not been convicted of or	2276
pleaded guilty to a felony offense of violence or previously has	2277
been convicted of or pleaded guilty to any felony that is not an	2278
offense of violence and the prosecuting attorney recommends that	2279
the offender be found eligible for participation in intervention	2280
in lieu of treatment under this section, previously has not been	2281
through intervention in lieu of conviction under this section or	2282
any similar regimen, and is charged with a felony for which the	2283
court, upon conviction, would impose a community control sanction	2284
on the offender under division (B)(2) of section 2929.13 of the	2285
Revised Code or with a misdemeanor.	2286

(2) The offense is not a felony of the first, second, or	2287
third degree, is not an offense of violence, is not a violation of	2288
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2289
not a violation of division (A)(1) of section 2903.08 of the	2290
Revised Code, is not a violation of division (A) of section	2291
4511.19 of the Revised Code or a municipal ordinance that is	2292
substantially similar to that division, and is not an offense for	2293
which a sentencing court is required to impose a mandatory prison	2294
term, a mandatory term of local incarceration, or a mandatory term	2295
of imprisonment in a jail.	2296

(3) The offender is not charged with a violation of section	2297
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2298
with a violation of section 2925.03 of the Revised Code that is a	2299
felony of the first, second, third, or fourth degree, and is not	2300
charged with a violation of section 2925.11 of the Revised Code	2301
that is a felony of the first, second, or third degree.	2302

(4) If an offender alleges that drug or alcohol usage by the	2303
offender was a factor leading to the criminal offense with which	2304
the offender is charged, the court has ordered that the offender	2305
be assessed by an addiction services provider certified pursuant	2306
to section 5119.36 of the Revised Code or a properly credentialed	2307
professional for the purpose of determining the offender's	2308
eligibility for intervention in lieu of conviction and	2309
recommending an appropriate intervention plan, the offender has	2310
been assessed by an addiction services provider of that nature or	2311
a properly credentialed professional in accordance with the	2312
court's order, and the addiction services provider or properly	2313
credentialed professional has filed the written assessment of the	2314
offender with the court.	2315

(5) If an offender alleges that, at the time of committing	2316
the criminal offense with which the offender is charged, the	2317
offender had a mental illness or was a person with intellectual	2318
disability and that the mental illness or status as a person with	2319
intellectual disability was a factor leading to that offense, the	2320
offender has been assessed by a psychiatrist, psychologist,	2321
independent social worker, or professional clinical counselor for	2322
the purpose of determining the offender's eligibility for	2323
intervention in lieu of conviction and recommending an appropriate	2324
intervention plan.	2325

(6) The offender's drug usage, alcohol usage, mental illness,	2326
or intellectual disability, whichever is applicable, was a factor	2327
leading to the criminal offense with which the offender is	2328
charged, intervention in lieu of conviction would not demean the	2329
seriousness of the offense, and intervention would substantially	2330
reduce the likelihood of any future criminal activity.	2331

(7) The alleged victim of the offense was not sixty-five	2332
years of age or older, permanently and totally disabled, under	2333
thirteen years of age, or a peace officer engaged in the officer's	2334
official duties at the time of the alleged offense.	2335

(8) If the offender is charged with a violation of section	2336
2925.24 of the Revised Code, the alleged violation did not result	2337
in physical harm to any person, and the offender previously has	2338
not been treated for drug abuse.	2339

(9) The offender is willing to comply with all terms and	2340
conditions imposed by the court pursuant to division (D) of this	2341
section.	2342

(10) The offender is not charged with an offense that would	2343
result in the offender being disqualified under Chapter 4506. of	2344
the Revised Code from operating a commercial motor vehicle or	2345
would subject the offender to any other sanction under that	2346
chapter.	2347

(C) At the conclusion of a hearing held pursuant to division	2348
(A) of this section, the court shall enter its determination as to	2349
whether the offender is eligible for intervention in lieu of	2350
conviction and as to whether to grant the offender's request. If	2351
the court finds under division (B) of this section that the	2352
offender is eligible for intervention in lieu of conviction and	2353
grants the offender's request, the court shall accept the	2354
offender's plea of guilty and waiver of the defendant's right to a	2355
speedy trial, the preliminary hearing, the time period within	2356
which the grand jury may consider an indictment against the	2357
offender, and arraignment, unless the hearing, indictment, or	2358
arraignment has already occurred. In addition, the court then may	2359
stay all criminal proceedings and order the offender to comply	2360
with all terms and conditions imposed by the court pursuant to	2361
division (D) of this section. If the court finds that the offender	2362
is not eligible or does not grant the offender's request, the	2363
criminal proceedings against the offender shall proceed as if the	2364
offender's request for intervention in lieu of conviction had not	2365
been made.	2366

(D) If the court grants an offender's request for	2367
intervention in lieu of conviction, the court shall place the	2368
offender under the general control and supervision of the county	2369
probation department, the adult parole authority, or another	2370
appropriate local probation or court services agency, if one	2371
exists, as if the offender was subject to a community control	2372
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2373
Revised Code. The court shall establish an intervention plan for	2374
the offender. The terms and conditions of the intervention plan	2375
shall require the offender, for at least one year from the date on	2376
which the court grants the order of intervention in lieu of	2377
conviction, to abstain from the use of illegal drugs and alcohol,	2378
to participate in treatment and recovery support services, and to	2379
submit to regular random testing for drug and alcohol use and may	2380
include any other treatment terms and conditions, or terms and	2381
conditions similar to community control sanctions, which may	2382
include community service or restitution, that are ordered by the	2383
court.	2384

(E) If the court grants an offender's request for	2385
intervention in lieu of conviction and the court finds that the	2386
offender has successfully completed the intervention plan for the	2387
offender, including the requirement that the offender abstain from	2388
using illegal drugs and alcohol for a period of at least one year	2389
from the date on which the court granted the order of intervention	2390
in lieu of conviction, the requirement that the offender	2391
participate in treatment and recovery support services, and all	2392
other terms and conditions ordered by the court, the court shall	2393
dismiss the proceedings against the offender. Successful	2394
completion of the intervention plan and period of abstinence under	2395
this section shall be without adjudication of guilt and is not a	2396
criminal conviction for purposes of any disqualification or	2397
disability imposed by law and upon conviction of a crime, and the	2398
court may order the sealing of records related to the offense in	2399
question in the manner provided in sections 2953.31 to 2953.36 of	2400
the Revised Code.	2401

(F) If the court grants an offender's request for	2402
intervention in lieu of conviction and the offender fails to	2403
comply with any term or condition imposed as part of the	2404
intervention plan for the offender, the supervising authority for	2405
the offender promptly shall advise the court of this failure, and	2406
the court shall hold a hearing to determine whether the offender	2407
failed to comply with any term or condition imposed as part of the	2408
plan. If the court determines that the offender has failed to	2409
comply with any of those terms and conditions, it shall enter a	2410
finding of guilty and shall impose an appropriate sanction under	2411
Chapter 2929. of the Revised Code. If the court sentences the	2412
offender to a prison term, the court, after consulting with the	2413
department of rehabilitation and correction regarding the	2414
availability of services, may order continued court-supervised	2415
activity and treatment of the offender during the prison term and,	2416
upon consideration of reports received from the department	2417
concerning the offender's progress in the program of activity and	2418
treatment, may consider judicial release under section 2929.20 of	2419
the Revised Code.	2420

(G) As used in this section:

2421

(1) "Community control sanction" has the same meaning as in	2422
section 2929.01 of the Revised Code.	2423

(2) "Intervention in lieu of conviction" means any	2424
court-supervised activity that complies with this section.	2425

(3) "Peace officer" has the same meaning as in section	2426
2935.01 of the Revised Code.	2427

(4) "Mental illness" and "psychiatrist" have the same	2428
meanings as in section 5122.01 of the Revised Code.	2429

(5) "Person with intellectual disability" means a person	2430
having significantly subaverage general intellectual functioning	2431
existing concurrently with deficiencies in adaptive behavior,	2432
manifested during the developmental period.	2433

(6) "Psychologist" has the same meaning as in section 4732.01	2434
of the Revised Code.	2435

(H) Whenever the term "mentally retarded person" is used in	2436
any statute, rule, contract, grant, or other document, the	2437
reference shall be deemed to include a "person with intellectual	2438
disability," as defined in this section.	2439

Sec. 2953.08.  (A) In addition to any other right to appeal	2440
and except as provided in division (D) of this section, a	2441
defendant who is convicted of or pleads guilty to a felony may	2442
appeal as a matter of right the sentence imposed upon the	2443
defendant on one of the following grounds:	2444

(1) The sentence consisted of or included the maximum prison	2445
term allowed for the offense by division (A) of section 2929.14 or	2446
section 2929.142 of the Revised Code, the maximum prison term was	2447
not required for the offense pursuant to Chapter 2925. or any	2448
other provision of the Revised Code, and the court imposed the	2449
sentence under one of the following circumstances:	2450

(a) The sentence was imposed for only one offense.

2451

(b) The sentence was imposed for two or more offenses arising	2452
out of a single incident, and the court imposed the maximum prison	2453
term for the offense of the highest degree.	2454

(2) The sentence consisted of or included a prison term and	2455
the offense for which it was imposed is a felony of the fourth or	2456
fifth degree or is a felony drug offense that is a violation of a	2457
provision of Chapter 2925. of the Revised Code and that is	2458
specified as being subject to division (B) of section 2929.13 of	2459
the Revised Code for purposes of sentencing. If the sentence was	2460
imposed for an offense committed prior to the effective date of	2461
this amendment and the court specifiesspecified that it found	2462
one or more of the factors in former division (B)(1)(b) of section	2463
2929.13 of the Revised Code to apply relative to the defendant,	2464
the defendant is not entitled under this division to appeal as a	2465
matter of right the sentence imposed upon the offender.	2466

(3) The person was convicted of or pleaded guilty to a	2467
violent sex offense or a designated homicide, assault, or	2468
kidnapping offense, was adjudicated a sexually violent predator in	2469
relation to that offense, and was sentenced pursuant to division	2470
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	2471
of the indefinite term imposed pursuant to division (A)(3) of	2472
section 2971.03 of the Revised Code is the longest term available	2473
for the offense from among the range of terms listed in section	2474
2929.14 of the Revised Code. As used in this division, "designated	2475
homicide, assault, or kidnapping offense" and "violent sex	2476
offense" have the same meanings as in section 2971.01 of the	2477
Revised Code. As used in this division, "adjudicated a sexually	2478
violent predator" has the same meaning as in section 2929.01 of	2479
the Revised Code, and a person is "adjudicated a sexually violent	2480
predator" in the same manner and the same circumstances as are	2481
described in that section.	2482

(4) The sentence is contrary to law.

2483

(5) The sentence consisted of an additional prison term of	2484
ten years imposed pursuant to division (B)(2)(a) of section	2485
2929.14 of the Revised Code.	2486

(B) In addition to any other right to appeal and except as	2487
provided in division (D) of this section, a prosecuting attorney,	2488
a city director of law, village solicitor, or similar chief legal	2489
officer of a municipal corporation, or the attorney general, if	2490
one of those persons prosecuted the case, may appeal as a matter	2491
of right a sentence imposed upon a defendant who is convicted of	2492
or pleads guilty to a felony or, in the circumstances described in	2493
division (B)(3) of this section the modification of a sentence	2494
imposed upon such a defendant, on any of the following grounds:	2495

(1) The sentence did not include a prison term despite a	2496
presumption favoring a prison term for the offense for which it	2497
was imposed, as set forth in section 2929.13 or Chapter 2925. of	2498
the Revised Code.	2499

(2) The sentence is contrary to law.

2500

(3) The sentence is a modification under section 2929.20 of	2501
the Revised Code of a sentence that was imposed for a felony of	2502
the first or second degree.	2503

(C)(1) In addition to the right to appeal a sentence granted	2504
under division (A) or (B) of this section, a defendant who is	2505
convicted of or pleads guilty to a felony may seek leave to appeal	2506
a sentence imposed upon the defendant on the basis that the	2507
sentencing judge has imposed consecutive sentences under division	2508
(C)(3) of section 2929.14 of the Revised Code and that the	2509
consecutive sentences exceed the maximum prison term allowed by	2510
division (A) of that section for the most serious offense of which	2511
the defendant was convicted. Upon the filing of a motion under	2512
this division, the court of appeals may grant leave to appeal the	2513
sentence if the court determines that the allegation included as	2514
the basis of the motion is true.	2515

(2) A defendant may seek leave to appeal an additional	2516
sentence imposed upon the defendant pursuant to division (B)(2)(a)	2517
or (b) of section 2929.14 of the Revised Code if the additional	2518
sentence is for a definite prison term that is longer than five	2519
years.	2520

(D)(1) A sentence imposed upon a defendant is not subject to	2521
review under this section if the sentence is authorized by law,	2522
has been recommended jointly by the defendant and the prosecution	2523
in the case, and is imposed by a sentencing judge.	2524

(2) Except as provided in division (C)(2) of this section, a	2525
sentence imposed upon a defendant is not subject to review under	2526
this section if the sentence is imposed pursuant to division	2527
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	2528
otherwise provided in this division, a defendant retains all	2529
rights to appeal as provided under this chapter or any other	2530
provision of the Revised Code. A defendant has the right to appeal	2531
under this chapter or any other provision of the Revised Code the	2532
court's application of division (B)(2)(c) of section 2929.14 of	2533
the Revised Code.	2534

(3) A sentence imposed for aggravated murder or murder	2535
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not	2536
subject to review under this section.	2537

(E) A defendant, prosecuting attorney, city director of law,	2538
village solicitor, or chief municipal legal officer shall file an	2539
appeal of a sentence under this section to a court of appeals	2540
within the time limits specified in Rule 4(B) of the Rules of	2541
Appellate Procedure, provided that if the appeal is pursuant to	2542
division (B)(3) of this section, the time limits specified in that	2543
rule shall not commence running until the court grants the motion	2544
that makes the sentence modification in question. A sentence	2545
appeal under this section shall be consolidated with any other	2546
appeal in the case. If no other appeal is filed, the court of	2547
appeals may review only the portions of the trial record that	2548
pertain to sentencing.	2549

(F) On the appeal of a sentence under this section, the	2550
record to be reviewed shall include all of the following, as	2551
applicable:	2552

(1) Any presentence, psychiatric, or other investigative	2553
report that was submitted to the court in writing before the	2554
sentence was imposed. An appellate court that reviews a	2555
presentence investigation report prepared pursuant to section	2556
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	2557
connection with the appeal of a sentence under this section shall	2558
comply with division (D)(3) of section 2951.03 of the Revised Code	2559
when the appellate court is not using the presentence	2560
investigation report, and the appellate court's use of a	2561
presentence investigation report of that nature in connection with	2562
the appeal of a sentence under this section does not affect the	2563
otherwise confidential character of the contents of that report as	2564
described in division (D)(1) of section 2951.03 of the Revised	2565
Code and does not cause that report to become a public record, as	2566
defined in section 149.43 of the Revised Code, following the	2567
appellate court's use of the report.	2568

(2) The trial record in the case in which the sentence was	2569
imposed;	2570

(3) Any oral or written statements made to or by the court at	2571
the sentencing hearing at which the sentence was imposed;	2572

(4) Any written findings that the court was required to make	2573
in connection with the modification of the sentence pursuant to a	2574
judicial release under division (I) of section 2929.20 of the	2575
Revised Code.	2576

(G)(1) If the sentencing court was required to make the	2577
findings required by division (B) or (D) of section 2929.13 or	2578
division (I) of section 2929.20 of the Revised Code or division	2579
(B) of section 2929.13 of the Revised Code as it existed prior to	2580
the effective date of this amendment, or to state the findings of	2581
the trier of fact required by division (B)(2)(e) of section	2582
2929.14 of the Revised Code as it existed prior to the effective	2583
date of this amendment, relative to the imposition or modification	2584
of the sentence, and if the sentencing court failed to state the	2585
required findings on the record, the court hearing an appeal under	2586
division (A), (B), or (C) of this section shall remand the case to	2587
the sentencing court and instruct the sentencing court to state,	2588
on the record, the required findings.	2589

(2) The court hearing an appeal under division (A), (B), or	2590
(C) of this section shall review the record, including the	2591
findings underlying the sentence or modification given by the	2592
sentencing court.	2593

The appellate court may increase, reduce, or otherwise modify	2594
a sentence that is appealed under this section or may vacate the	2595
sentence and remand the matter to the sentencing court for	2596
resentencing. The appellate court's standard for review is not	2597
whether the sentencing court abused its discretion. The appellate	2598
court may take any action authorized by this division if it	2599
clearly and convincingly finds either of the following:	2600

(a) That the record does not support the sentencing court's	2601
findings under division (B) or (D) of section 2929.13, division	2602
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	2603
2929.20 of the Revised Code or division (B) of section 2929.13 of	2604
the Revised Code as it existed prior to the effective date of this	2605
amendment, whichever, if any, is relevant;	2606

(b) That the sentence is otherwise contrary to law.

2607

(H) A judgment or final order of a court of appeals under	2608
this section may be appealed, by leave of court, to the supreme	2609
court.	2610

Section 2. That existing sections 2925.02, 2925.03, 2925.06,	2611
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 2929.13,	2612
2951.041, and 2953.08 of the Revised Code are hereby repealed.	2613

Section 3.  Section 2925.02 of the Revised Code is presented	2614
in this act as a composite of the section as amended by both Sub.	2615
H.B. 64 and Am. Sub. H.B. 86 of the 129th General Assembly.	2616
Section 2953.08 of the Revised Code is presented in this act as a	2617
composite of the section as amended by Sub. H.B. 247, Am. Sub.	2618
S.B. 160, and Am. Sub. S.B. 337, all of the 129th General	2619
Assembly. The General Assembly, applying the principle stated in	2620
division (B) of section 1.52 of the Revised Code that amendments	2621
are to be harmonized if reasonably capable of simultaneous	2622
operation, finds that the composites are the resulting versions of	2623
the sections in effect prior to the effective date of the sections	2624
as presented in this act.	2625