§ 138.20. Trafficking in marijuana.

A.

No person shall knowingly do any of the following:

1.

Sell or offer to sell marijuana;

2.

Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute marijuana when the offender knows or has reasonable cause to believe the marijuana is intended for sale or resale by the offender or another;

3.

Cultivate, manufacture, or otherwise engage in any part of the production of marijuana;

4.

Provide money or other items of value to another person with the purpose that the recipient of the money or items of value would use them to obtain marijuana for the purpose of selling or offering to sell marijuana in amounts exceeding a bulk amount or for the purpose of violating subsection (A)(3) of this section.

B.

This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with R.C. Chapters 3719, 4715, 4729, 4731, and 4741.

C.

1.

If the offense involves a gift of twenty grams or less of marijuana and the offense involves a violation of subsection (A)(1) of this section that was not committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, or that was committed within one hundred feet of any juvenile or within the view of any juvenile, whether or not the offender knows the juvenile is within one hundred feet or within view of the commission of the offense, or the juvenile views the commission of the offense, trafficking in marijuana is a minor misdemeanor for the first offense and a misdemeanor of the third degree for any subsequent offense.

2.

If the offense involves a gift of twenty grams or less of marijuana and the offense involves a violation of subsection (A)(1) of this section that was committed on school premises, in a school building, or within one thousand feet of the boundaries of any school premises, or that was committed within one hundred feet of any juvenile or within the view of any juvenile, whether or not the offender knows the age of the juvenile, the offender knows the juvenile is within one hundred feet or within view of the commission of the offense, or the juvenile views the commission of the offense, trafficking in marijuana is a misdemeanor of the third degree. An offense involving an amount of marijuana larger than twenty grams shall be prosecuted under appropriate state law.

D.

Notwithstanding the fines otherwise required to be imposed pursuant to § 130.99 of this code for violations of this section, the Court shall impose a mandatory fine of one hundred dollars if the violation of this section was a minor misdemeanor, and a mandatory fine of five hundred dollars if the violation of this section was a misdemeanor of the third degree.

E.

When the mandatory fine imposed pursuant to subsection D of this section does not exceed the maximum fine that could be imposed pursuant to § 130.99 of this code, the Court may impose an additional fine if the total of the mandatory and additional fines together does not exceed the maximum fine that could be imposed pursuant to § 130.99 of this code. When the mandatory fine exceeds the maximum fine that could be imposed pursuant to § 130.99 of the code, the Court shall not impose an additional fine.

F.

Notwithstanding any contrary provision of R.C. § 3719.21, any mandatory fine imposed pursuant to 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(J). Any additional fine imposed pursuant to subsection (E) of this section shall be disbursed by the Clerk of the Court as otherwise provided by law.

G.

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 pursuant to R.C. § 2925.03(J).

H.

No court shall impose a mandatory fine pursuant to subsection D 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 that the offender is an indigent person and is unable to pay the fine.

I.

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. § 2925.03)

(Ord. 671-1993)