§ 138.11. Possessing drug abuse instruments.

A.

No person shall knowingly make, obtain, possess, or use any instrument, article, or thing whose customary and primary purpose is for the administration or use of a dangerous drug, other than marijuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marijuana, or to prepare a dangerous drug, other than marijuana, for unlawful administration or use.

B.

This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct was in accordance with Chapters 3719, 4715, 4729, 4731, and 4741 or Section 4723.56 of the Revised Code.

C.

Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender has previously been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree.

D.

1.

Notwithstanding § 130.99 of this code, the Court shall impose a mandatory fine of one thousand dollars if the violation of this section was a misdemeanor of the first degree and a mandatory fine of seven hundred fifty dollars if the violation of this section was a misdemeanor of the second degree.

2.

Notwithstanding any contrary provision of R.C. § 3719.21, fifty percent of any mandatory fine imposed pursuant to subsection (D)(1) of this section shall be paid by the Clerk of the Court in accordance with and subject to the requirements of, and shall be used as specified in, R.C. § 2925.03(H), and fifty percent shall be disbursed as provided in R.C. § 3719.21.

3.

If a person is charged with any violation of this section and posts bail pursuant to R.C. §§ 2937.22 to 2937.46 or Criminal Rule 46, and if the person forfeits the bail, the forfeited bail shall be paid by the Clerk of the Court in accordance with and subject to the requirements of, and shall be used as specified in, subsection (D)(2) of this section.

4.

No court shall impose a mandatory fine pursuant to subsection (D)(1) of this section upon an offender who alleges, in an affidavit filed with the Court prior to his sentencing, that he is indigent and is unable to pay any mandatory fine imposed pursuant to that subsection, if the Court determines the offender is an indigent person and is unable to pay the fine.

E.

In addition to any other sanction imposed for a violation of this section, the Court may suspend for not more than five years the driver's or commercial driver's license of any person who is convicted of or has pleaded guilty to a violation of this section. If the offender is a professionally licensed person or a person who has been admitted to the bar by order of the Supreme Court in compliance with its prescribed and published rules, in addition to any other sanction imposed for a violation of this section, the court forthwith shall comply with R.C. § 2925.38.

F.

Any offender who received a mandatory suspension of the offender's driver's license or permit under this section, prior to September 13, 2016, may file a motion with the sentencing court requesting termination of the suspension. Upon the filing of such motion, the sentencing court, in its discretion, may terminate the suspension.

(Ord. 514-1977; Ord. 671-1993)

(Ord. 255-2016)