§ 138.01. Definitions.

For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Administer," "controlled substance," "dispense," "distribute," "federal drug abuse control laws," "hospital," "hypodermic," "laboratory," "manufacturer," "official written order," "person," "pharmacist," "pharmacy," "practitioner," "prescription," "sale," "Schedule I," "Schedule II," "Schedule III," "Schedule IV," "Schedule V" and "wholesaler" have the same meanings as in § 3719.01 of the Revised Code, as may be amended.

"Bulk amount" of a controlled substances means any of the following:

1.

For any compound, mixture, preparation, or substance included in Schedule I, Schedule II, or Schedule III, with the exception of marihuana, cocaine, L.S.D., heroin and hashish and except as provided in subsection (D)(2) or (5) of this section, whichever of the following is applicable:

A.

An amount equal to or exceeding ten grams or twenty-five unit doses of a compound, mixture, preparation or substance that is or contains any amount of a Schedule I opiate or opium derivative,

B.

An amount equal to or exceeding ten grams of a compound, mixture, preparation or substance that is or contains any amount of raw or gum opium,

C.

An amount equal to or exceeding thirty grams or ten unit doses of a compound, mixture, preparation or substance that is or contains any amount of a Schedule I hallucinogen other than tetrahydrocannabinol or lysergic acid amide, or a Schedule I stimulant or depressant,

D.

An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II opiate or opium derivative,

E.

An amount equal to or exceeding five grams or ten unit doses of a compound, mixture, preparation or substance that is or contains any amount of phencyclidine,

F.

An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II stimulant that is in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the federal drug abuse control laws, that is or contains any amount of a Schedule II depressant substance or a Schedule II Hallucinogenic substance,

G.

An amount equal to or exceeding three grams of a compound, mixture, preparation or substance that is or contains any amount of a Schedule II stimulant, or any of its salts or isomers, that is not in a final dosage form manufactured by a person authorized by the Federal Food, Drug, and Cosmetic Act and the Federal Drug Abuse Control Laws;

2.

An amount equal to or exceeding one hundred twenty grams or thirty times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III or IV substance other than an anabolic steroid or a Schedule III opiate or opium derivative;

3.

An amount equal to or exceeding twenty grams or five times the maximum daily dose in the usual dose range specified in a standard pharmaceutical reference manual of a compound, mixture, specification or substance that is or contains any amount of a Schedule III opiate or opium derivative;

4.

An amount equal to or exceeding two hundred fifty milliliters or two hundred fifty grams of a compound, mixture, preparation or substance that is or contains any amount of a Schedule V substance;

5.

An amount equal to or exceeding two hundred solid dosage units, sixteen grams, or sixteen milliliters of a compound, mixture, preparation or substance that is or contains any amount of a Schedule III anabolic steroid.

"Counterfeit controlled substance." Any of the following:

1.

Any drug that bears, or whose container or label bears, a trademark, trade name or other identifying mark used without authorization of the owner of rights to such a trademark, trade name or identifying mark;

2.

Any unmarked or unlabeled substance that is represented to be a controlled substance manufactured, processed, packed or distributed by a person other than the person that manufactured, processed, packed or distributed it;

3.

Any substance that is represented to be a controlled substance but is not a controlled substance or is a different controlled substance;

4.

Any substance other than a controlled substance that a reasonable person would believe to be a controlled substance because of its similarity in shape, size and color, or its markings, labeling, packaging, distribution or the price for which it is sold or offered for sale.

"Drug abuse offense." Any of the following:

1.

A violation of subsection A of § 2913.02 that constitutes theft of drugs, or a violation of R.C. §§ 2925.02, 2925.03, 2925.04, 2925.05, 2925.09, 2925.11, 2925.12, 2925.13, 2925.22, 2925.23, 2925.31, 2925.32, or 2925.36, or 2925.37;

2.

A violation of an existing or former municipal ordinance or law of this or any other state or of the United States, that is substantially equivalent to any section listed in subsection 1 of this section;

3.

An offense under an existing or former municipal ordinance or law of this or any other state, or of the United States, of which planting, cultivating, harvesting, processing, making, manufacturing, producing, shipping, transporting, delivering, acquiring, possessing, storing, distributing, dispensing, selling, inducing another to use, administering to another, using or otherwise dealing with a controlled substance is an element;

4.

A conspiracy or attempt to commit, or complicity in committing or attempting to commit any offense under subsections 1, 2 or 3 of this section.

"Drug," "dangerous drug," and "Federal Food, Drug, and Cosmetic Act" have the same meaning as in § 4729.02 of the Revised Code as may be amended.

"Drug dependent person" and "Drug of abuse" have the same meanings as in § 3719.011 of the Revised Code as may be amended.

"Felony drug abuse offense." Any drug abuse offense that would constitute a felony under the laws of this state, any other state or the United States.

"Harmful intoxicant." Does not include beer or intoxicating liquor, but means any compound, mixture, preparation, or substance the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, and includes but is not limited to, any of the following:

1.

Any volatile organic solvent, plastic cement, model cement, fingernail polish remover, lacquer thinner, cleaning fluid, gasoline, and any other preparation containing a volatile organic solvent;

2.

Any aerosol propellant;

3.

Any fluorocarbon refrigerant;

4.

Any anesthetic gas.

"Manufacturer." A person who plants, cultivates, harvests, processes, makes, prepares, or otherwise engages in any part of the production of a controlled substance by propagation, compounding, conversion, or processing, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container and other activities incident to production, except that this term does not include a pharmacist who prepares, compounds, packages, or labels a controlled substance as an incident to dispensing a controlled substance in accordance with a prescription and in the usual course of professional practice.

"Marijuana." All parts of any plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

"Narcotic drugs." Coca leaves, opium, isonipecaine, amidone, isoamidone, ketobemidone, as defined herein and every substance not chemically distinguished from them and every drug, other than cannabis, which may be included in the meaning of "narcotic drug" under the Federal drug abuse control laws. "Coca leaves" includes cocaine and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances for which cocaine or ecgonine may be synthesized or made. "Isonipecaine" means any substance identified chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid ethyl ester, or any salt thereof, by whatever trade name designated. "Amidone" means any substance identified chemically as 4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by whatever trade name designated. "Isoamidone" means any substance identified chemically as 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt thereof, by whatever trade name designated. "ketobemidone" means any substance identified chemically as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl ketone hydrochloride, or any salt thereof, by whatever trade name designated.

"Noxious additive." Any element or compound designated by the board for use as a safe and effective ingredient in any product containing the ingredient toluene, the gas, fumes, or vapor of which when inhaled can induce intoxication, excitement, giddiness, irrational behavior, depression, stupefaction, paralysis, unconsciousness, asphyxiation, or other harmful physiological effects, that will discourage the intentional smelling or inhaling of the fumes of such product. A noxious additive shall not be added to such product if such addition would make the product unsuitable for its intended use or adversely affect the performance of the product. The addition of a noxious additive to such product is not required if the board determines that the normal chemical composition of the product creates a level of noxiousness that is sufficient to discourage the intentional smelling or inhaling of the product's fumes.

"Nurse." A person licensed to engage in the practice of nursing in this state.

"Possess" or "possession." Having control over a thing or substance but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found.

"Professional license." Any license, permit, certificate, registration, qualification, admission, temporary license, temporary permit, temporary certificate, or temporary registration that is described in the definition of "professionally licensed person" below.

"Professionally licensed person." Any of the following:

1.

A person who has obtained a license as a manufacturer of controlled substances or a wholesaler of controlled substances under Chapter 3719 of the Revised Code;

2.

A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public account under Chapter 4701 of the Revised Code and who holds a live permit issued under that chapter;

3.

A person who holds a certificate of qualification to practice architecture issued or renewed and registered under Chapter 4703 of the Revised Code;

4.

A person who is registered as a landscape architect under Chapter 4703 of the Revised Code or who holds a permit as a landscape architect issued under that chapter;

5.

A person licensed as an auctioneer or apprentice auctioneer or licensed to operate an auction company under Chapter 4707 of the Revised Code;

6.

A person who has been issued a certificate of registration as a registered barber under Chapter 4709 of the Revised Code;

7.

A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of Chapter 4710 of the Revised Code;

8.

A person who has been issued a cosmetologist's license, manicurist's license, esthetician's license, managing cosmetologist's license, managing esthetician's license, cosmetology instructor's license, manicurist instructor's license, esthetician instructor's license, or tanning facility permit under Chapter 4713 of the Revised Code;

9.

A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious intravenous sedation permit, a limited resident's license, a limited teaching license, a dental hygienist' s license, or a dental hygienist's teacher's certificate under Chapter 4715 of the Revised Code;

10.

A person who has been issued an embalmer's license, a funeral director's license, or a funeral home license, or who has been registered for funeral director's apprenticeship under Chapter 4717 of the Revised Code;

11.

A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under Chapter 4723 of the Revised Code;

12.

A person who has been licensed to practice optometry or to engage in optical dispensing under Chapter 4725 of the Revised Code;

13.

A person licensed to act as a pawnbroker under Chapter 4727 of the Revised Code;

14.

A person licensed to act as a precious metals dealer under Chapter 4728 of the Revised Code;

15.

A person registered as a pharmacist, a pharmacy intern, a wholesale distributor of dangerous drugs, or a terminal distributor of dangerous drugs under Chapter 4729 of the Revised Code;

16.

A person who has been authorized to practice as a physician's assistant under Chapter 4730 of the Revised Code;

17.

A person who has been issued a certificate to practice medicine and surgery osteopathic medicine and surgery, a limited branch of medicine or surgery, or podiatry under Chapter 4731 of the Revised Code;

18.

A person licensed as a psychologist or school psychologist under Chapter 4732 of the Revised Code;

19.

A person registered to practice the profession of engineering or surveying under Chapter 4733 of the Revised Code;

20.

A person who has been issued a certificate to practice chiropractic under Chapter 4734 of the Revised Code;

21.

A person licensed to act as a real estate broker, real estate salesmen, limited real estate broker, or limited real estate salesman under Chapter 4735 of the Revised Code;

22.

A person registered as a registered sanitarian under Chapter 4736 of the Revised Code;

23.

A person licensed to operate or maintain a junkyard under Chapter 4737 of the Revised Code;

24.

A person who has been issued a motor vehicle salvage dealer's license under Chapter 4738 of the Revised Code;

25.

A person who has been licensed to act as a steam engineer under Chapter 4739 of the Revised Code;

26.

A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under Chapter 4741 of the Revised Code;

27.

A person who has been issued a hearing aid dealer's or fitter's license or trainee permit under Chapter 4747 of the Revised Code;

28.

A person who has been issued a class A, class B, or class C license or who has been registered as an investigator or security guard employee under Chapter 4749 of the Revised Code;

29.

A person licensed and registered to practice as a nursing home administrator under Chapter 4751 of the Revised Code;

30.

A person licensed to practice as a speech pathologist or audiologist under Chapter 4753 of the Revised Code;

31.

A person issued a license as an occupational therapist or physical therapist under Chapter 4755 of the Revised Code;

32.

A person who is licensed as a professional counselor, registered as a counselor assistant, licensed as a social worker or independent social worker, or registered as a social work assistant under Chapter 4757 of the Revised Code;

33.

A person issued a license to practice dietetics under Chapter 4759 of the Revised Code;

34.

A person who has been issued a license or temporary permit to practice respiratory therapy under Chapter 4761 of the Revised Code;

35.

A person who has been issued a real estate appraiser certificate under Chapter 4763 of the Revised Code;

"Sample drug." A drug or pharmaceutical preparation that would be hazardous to health or safety if used without the supervision of a practitioner, or a drug of abuse, which at one time had been placed in a container plainly marked as a sample by a manufacturer.

"School." Any school operated by a board of education or any school for which the State Board of Education prescribes minimum standards under R.C. § 3301.07, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted at the time a criminal offense is committed.

"School building." Any building in which any of the instruction, extracurricular activities, or training provided by a school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted in the school building at the time a criminal offense is committed.

"School premises." Either of the following:

1.

The parcel of real property on which any school is situated, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the premises at the time a criminal offense is committed;

2.

Any other parcel of real property that is owned or leased by a board of education of a school or the governing body of a school for which the State Board of Education prescribes minimum standards under R.C. § 3301.07 and on which some of the instruction, extracurricular activities, or training of the school is conducted, whether or not any instruction, extracurricular activities, or training provided by the school is being conducted on the parcel of real property at the time a criminal offense is committed.

"Unit dose." An amount or unit of a compound, mixture, or preparation containing a controlled substance, that is separately identifiable and in a form that indicates that it is the amount or unit by which the controlled substance is separately administered to or taken by an individual. (R.C. §§ 2925.01 (E), (F), (H), (I), (J), (L), (M), (P), 3719.01 (A), (P), (Q), (R), (S), (T))

(Ord. 514-1997)