§ 138.22. Illegal dispensing of drug samples.

A.

No person shall knowingly furnish another a sample drug.

B.

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

C.

Whoever violates this section is guilty of illegal dispensing of drug samples, a misdemeanor of the second degree. If the offender commits the offense on school premises, in a school building, or within one thousand feet of the boundaries of any school premises or if the offender previously has been convicted of a drug abuse offense, illegal dispensing of drug samples is a misdemeanor of the first degree. If the drug involved is a compound, mixture, preparation, or substance included in schedule I or II of R.C. § 3719.41, with the exception of marijuana, illegal dispensing of drug samples is a felony of the fourth degree and shall be prosecuted under appropriate state law, except that if the offender commits the offense on school premises, in a school building, or within one thousand feet of the boundaries of any school premises and the drug involved is a compound, mixture, preparation, or substance included in schedule I or II with the exception of marijuana, illegal dispensing of drug samples is a felony of the third degree, and shall be prosecuted under appropriate state law.

D.

1.

Notwithstanding the fines otherwise required to be imposed pursuant to R.C. §§ 2929.11, 2929.21, or 2929.31 for violations of this section and notwithstanding R.C. §§ 2929.14 or 2929.22, the court shall impose a mandatory fine of two thousand five hundred dollars if the violation of this section was a felony of the third degree, a mandatory fine of one thousand five hundred dollars if the violation of this section was a felony of the fourth degree, 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.

The court may impose a fine in addition to a mandatory fine imposed pursuant to subsection (D)(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. §§ 2929.11, 2929.21 or 2929.31.

3.

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 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. § 2925.36)