§ 138.13. Abusing harmful intoxicants.

A.

Except for lawful research, clinical, medical, dental, or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess, or use a harmful intoxicant.

B.

Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the fourth degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a misdemeanor of the first degree.

C.

1.

Notwithstanding the fines otherwise required to be imposed pursuant to R.C. §§ 2929.21 or 2929.31 for violations of this section and notwithstanding R.C. § 2929.22, 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 two hundred fifty dollars if the violation of this section was a misdemeanor of the fourth degree.

2.

The court may impose a fine in addition to a mandatory fine imposed pursuant to subsection (C)(1) of this section if the total of the additional and mandatory fines does not exceed the maximum fine that could be imposed pursuant to R.C. §§ 2929.21 or 2929.31.

3.

No court shall impose a mandatory fine pursuant to subsection (C)(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.

D.

In addition to any other penalty imposed for a violation of this section, the court may suspend for up to 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 penalty imposed for a violation of this section, the court forthwith shall comply with R.C. § 2925.38. Penalty, see § 130.99. (R.C. § 2925.31)