§ 138.24. Possessing counterfeit controlled substances.

A.

No person shall knowingly possess any counterfeit controlled substance.

B.

Whoever violates this section shall be guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.

C.

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.

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 to the Clerk of 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 dispersed 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 the person forfeits 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 (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 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 any other 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.

E.

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. 514-1997)

(Ord. 255-2016)