Bill Text: OH HB363 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To provide an immunity from arrest, prosecution, conviction, or supervised release sanctioning for a minor drug possession offense for a person who seeks or obtains medical assistance for self or another person who is experiencing a medical emergency as a result of ingesting drugs or alcohol or for a person who is experiencing such a medical emergency and for whom medical assistance is sought.

Spectrum: Slight Partisan Bill (Republican 9-5)

Status: (Introduced - Dead) 2013-11-26 - To Judiciary [HB363 Detail]

Download: Ohio-2013-HB363-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 363

Representatives Sprague, Driehaus 

Cosponsors: Representatives Adams, J., Antonio, Buchy, Grossman, Hackett, Patterson, Phillips, Scherer, Sears, Sheehy, Smith, Wachtmann 

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A BILL

To amend section 2925.11 of the Revised Code to

1

provide an immunity from arrest, prosecution,

2

conviction, or supervised release sanctioning for

3

a minor drug possession offense for a person who

4

seeks or obtains medical assistance for self or

5

another person who is experiencing a medical

6

emergency as a result of ingesting drugs or

7

alcohol or for a person who is experiencing such a

8

medical emergency and for whom medical assistance

9

is sought.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 2925.11 of the Revised Code be	11
amended to read as follows:	12

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	13
or use a controlled substance or a controlled substance analog.	14

(B)(1) This section does not apply to any of the following:

15

(1)(a) Manufacturers, licensed health professionals	16
authorized to prescribe drugs, pharmacists, owners of pharmacies,	17
and other persons whose conduct was in accordance with Chapters	18
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	19
Code;	20

(2)(b) If the offense involves an anabolic steroid, any	21
person who is conducting or participating in a research project	22
involving the use of an anabolic steroid if the project has been	23
approved by the United States food and drug administration;	24

(3)(c) Any person who sells, offers for sale, prescribes,	25
dispenses, or administers for livestock or other nonhuman species	26
an anabolic steroid that is expressly intended for administration	27
through implants to livestock or other nonhuman species and	28
approved for that purpose under the "Federal Food, Drug, and	29
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	30
and is sold, offered for sale, prescribed, dispensed, or	31
administered for that purpose in accordance with that act;	32

(4)(d) Any person who obtained the controlled substance	33
pursuant to a lawful prescription issued by a licensed health	34
professional authorized to prescribe drugs.	35

(2)(a) A person acting in good faith who seeks or obtains	36
medical assistance for another person who is experiencing a	37
medical emergency as a result of ingesting drugs or alcohol shall	38
not be arrested, charged, prosecuted, convicted, or penalized	39
pursuant to this chapter for a minor drug possession offense or be	40
found in violation of any community control sanction or	41
post-release control sanction based on a minor drug possession	42
offense if the evidence of the obtaining, possession, or use of	43
the controlled substance or controlled substance analog that would	44
be the basis of the offense was obtained as a result of the person	45
seeking the medical assistance.	46

(b) A person who experiences a medical emergency as a result	47
of ingesting drugs or alcohol and who seeks medical assistance for	48
that emergency or who is the subject of another person seeking or	49
obtaining medical assistance for that emergency as described in	50
division (B)(2)(a) of this section shall not be arrested, charged,	51
prosecuted, convicted, or penalized pursuant to this chapter for a	52
minor drug possession offense or be found in violation of any	53
community control sanction or post-release control sanction based	54
on a minor drug possession offense if the evidence of the	55
obtaining, possession, or use of the controlled substance or	56
controlled substance analog that would be the basis of the offense	57
was obtained as a result of the person ingesting drugs or alcohol	58
and needing the medical assistance.	59

(c) Nothing in division (B)(2)(a) or (b) of this section	60
shall be construed to limit the admissibility of any evidence in	61
connection with the investigation or prosecution of a crime with	62
regards to a defendant who does not qualify for the protections of	63
division (B)(2)(a) or (b) of this section or with regards to any	64
crime other than a minor drug possession offense committed by a	65
person who qualifies for protection pursuant to division (B)(2)(a)	66
or (b) of this section for a minor drug possession offense.	67
Nothing in division (B)(2)(a) or (b) of this section shall be	68
construed to limit any seizure of evidence or contraband otherwise	69
permitted by law. Nothing in division (B)(2)(a) or (b) of this	70
section shall be construed to limit or abridge the authority of a	71
peace officer to detain or take into custody a person in the	72
course of an investigation or to effectuate an arrest for any	73
offense except as provided in either division. Nothing in division	74
(B)(2)(a) or (b) of this section shall be construed to limit,	75
modify, or remove any immunity from liability available pursuant	76
to law in effect prior to the effective date of this amendment to	77
any public agency or to an employee of any public agency.	78

(d) As used in division (B)(2) of this section:

79

(i) "Community control sanction" has the same meaning as in	80
section 2929.01 of the Revised Code.	81

(ii) "Health care facility" has the same meaning as in	82
section 2919.16 of the Revised Code.	83

(iii) "Post-release control sanction" has the same meaning as	84
in section 2967.28 of the Revised Code.	85

(iv) "Peace officer" has the same meaning as in section	86
2935.01 of the Revised Code.	87

(v) "Public agency" has the same meaning as in section	88
2930.01 of the Revised Code.	89

(vi) "Seeks or obtains medical assistance" includes, but is	90
not limited to making a 9-1-1 call, contacting in person or by	91
telephone call an on-duty peace officer, or transporting or	92
presenting a person to a health care facility.	93

(C) Whoever violates division (A) of this section is guilty	94
of one of the following:	95

(1) If the drug involved in the violation is a compound,	96
mixture, preparation, or substance included in schedule I or II,	97
with the exception of marihuana, cocaine, L.S.D., heroin, hashish,	98
and controlled substance analogs, whoever violates division (A) of	99
this section is guilty of aggravated possession of drugs. The	100
penalty for the offense shall be determined as follows:	101

(a) Except as otherwise provided in division (C)(1)(b), (c),	102
(d), or (e) of this section, aggravated possession of drugs is a	103
felony of the fifth degree, and division (B) of section 2929.13 of	104
the Revised Code applies in determining whether to impose a prison	105
term on the offender.	106

(b) If the amount of the drug involved equals or exceeds the	107
bulk amount but is less than five times the bulk amount,	108
aggravated possession of drugs is a felony of the third degree,	109
and there is a presumption for a prison term for the offense.	110

(c) If the amount of the drug involved equals or exceeds five	111
times the bulk amount but is less than fifty times the bulk	112
amount, aggravated possession of drugs is a felony of the second	113
degree, and the court shall impose as a mandatory prison term one	114
of the prison terms prescribed for a felony of the second degree.	115

(d) If the amount of the drug involved equals or exceeds	116
fifty times the bulk amount but is less than one hundred times the	117
bulk amount, aggravated possession of drugs is a felony of the	118
first degree, and the court shall impose as a mandatory prison	119
term one of the prison terms prescribed for a felony of the first	120
degree.	121

(e) If the amount of the drug involved equals or exceeds one	122
hundred times the bulk amount, aggravated possession of drugs is a	123
felony of the first degree, the offender is a major drug offender,	124
and the court shall impose as a mandatory prison term the maximum	125
prison term prescribed for a felony of the first degree.	126

(2) If the drug involved in the violation is a compound,	127
mixture, preparation, or substance included in schedule III, IV,	128
or V, whoever violates division (A) of this section is guilty of	129
possession of drugs. The penalty for the offense shall be	130
determined as follows:	131

(a) Except as otherwise provided in division (C)(2)(b), (c),	132
or (d) of this section, possession of drugs is a misdemeanor of	133
the first degree or, if the offender previously has been convicted	134
of a drug abuse offense, a felony of the fifth degree.	135

(b) If the amount of the drug involved equals or exceeds the	136
bulk amount but is less than five times the bulk amount,	137
possession of drugs is a felony of the fourth degree, and division	138
(C) of section 2929.13 of the Revised Code applies in determining	139
whether to impose a prison term on the offender.	140

(c) If the amount of the drug involved equals or exceeds five	141
times the bulk amount but is less than fifty times the bulk	142
amount, possession of drugs is a felony of the third degree, and	143
there is a presumption for a prison term for the offense.	144

(d) If the amount of the drug involved equals or exceeds	145
fifty times the bulk amount, possession of drugs is a felony of	146
the second degree, and the court shall impose upon the offender as	147
a mandatory prison term one of the prison terms prescribed for a	148
felony of the second degree.	149

(3) If the drug involved in the violation is marihuana or a	150
compound, mixture, preparation, or substance containing marihuana	151
other than hashish, whoever violates division (A) of this section	152
is guilty of possession of marihuana. The penalty for the offense	153
shall be determined as follows:	154

(a) Except as otherwise provided in division (C)(3)(b), (c),	155
(d), (e), (f), or (g) of this section, possession of marihuana is	156
a minor misdemeanor.	157

(b) If the amount of the drug involved equals or exceeds one	158
hundred grams but is less than two hundred grams, possession of	159
marihuana is a misdemeanor of the fourth degree.	160

(c) If the amount of the drug involved equals or exceeds two	161
hundred grams but is less than one thousand grams, possession of	162
marihuana is a felony of the fifth degree, and division (B) of	163
section 2929.13 of the Revised Code applies in determining whether	164
to impose a prison term on the offender.	165

(d) If the amount of the drug involved equals or exceeds one	166
thousand grams but is less than five thousand grams, possession of	167
marihuana is a felony of the third degree, and division (C) of	168
section 2929.13 of the Revised Code applies in determining whether	169
to impose a prison term on the offender.	170

(e) If the amount of the drug involved equals or exceeds five	171
thousand grams but is less than twenty thousand grams, possession	172
of marihuana is a felony of the third degree, and there is a	173
presumption that a prison term shall be imposed for the offense.	174

(f) If the amount of the drug involved equals or exceeds	175
twenty thousand grams but is less than forty thousand grams,	176
possession of marihuana is a felony of the second degree, and the	177
court shall impose a mandatory prison term of five, six, seven, or	178
eight years.	179

(g) If the amount of the drug involved equals or exceeds	180
forty thousand grams, possession of marihuana is a felony of the	181
second degree, and the court shall impose as a mandatory prison	182
term the maximum prison term prescribed for a felony of the second	183
degree.	184

(4) If the drug involved in the violation is cocaine or a	185
compound, mixture, preparation, or substance containing cocaine,	186
whoever violates division (A) of this section is guilty of	187
possession of cocaine. The penalty for the offense shall be	188
determined as follows:	189

(a) Except as otherwise provided in division (C)(4)(b), (c),	190
(d), (e), or (f) of this section, possession of cocaine is a	191
felony of the fifth degree, and division (B) of section 2929.13 of	192
the Revised Code applies in determining whether to impose a prison	193
term on the offender.	194

(b) If the amount of the drug involved equals or exceeds five	195
grams but is less than ten grams of cocaine, possession of cocaine	196
is a felony of the fourth degree, and division (B) of section	197
2929.13 of the Revised Code applies in determining whether to	198
impose a prison term on the offender.	199

(c) If the amount of the drug involved equals or exceeds ten	200
grams but is less than twenty grams of cocaine, possession of	201
cocaine is a felony of the third degree, and, except as otherwise	202
provided in this division, there is a presumption for a prison	203
term for the offense. If possession of cocaine is a felony of the	204
third degree under this division and if the offender two or more	205
times previously has been convicted of or pleaded guilty to a	206
felony drug abuse offense, the court shall impose as a mandatory	207
prison term one of the prison terms prescribed for a felony of the	208
third degree.	209

(d) If the amount of the drug involved equals or exceeds	210
twenty grams but is less than twenty-seven grams of cocaine,	211
possession of cocaine is a felony of the second degree, and the	212
court shall impose as a mandatory prison term one of the prison	213
terms prescribed for a felony of the second degree.	214

(e) If the amount of the drug involved equals or exceeds	215
twenty-seven grams but is less than one hundred grams of cocaine,	216
possession of cocaine is a felony of the first degree, and the	217
court shall impose as a mandatory prison term one of the prison	218
terms prescribed for a felony of the first degree.	219

(f) If the amount of the drug involved equals or exceeds one	220
hundred grams of cocaine, possession of cocaine is a felony of the	221
first degree, the offender is a major drug offender, and the court	222
shall impose as a mandatory prison term the maximum prison term	223
prescribed for a felony of the first degree.	224

(5) If the drug involved in the violation is L.S.D., whoever	225
violates division (A) of this section is guilty of possession of	226
L.S.D. The penalty for the offense shall be determined as follows:	227

(a) Except as otherwise provided in division (C)(5)(b), (c),	228
(d), (e), or (f) of this section, possession of L.S.D. is a felony	229
of the fifth degree, and division (B) of section 2929.13 of the	230
Revised Code applies in determining whether to impose a prison	231
term on the offender.	232

(b) If the amount of L.S.D. involved equals or exceeds ten	233
unit doses but is less than fifty unit doses of L.S.D. in a solid	234
form or equals or exceeds one gram but is less than five grams of	235
L.S.D. in a liquid concentrate, liquid extract, or liquid	236
distillate form, possession of L.S.D. is a felony of the fourth	237
degree, and division (C) of section 2929.13 of the Revised Code	238
applies in determining whether to impose a prison term on the	239
offender.	240

(c) If the amount of L.S.D. involved equals or exceeds fifty	241
unit doses, but is less than two hundred fifty unit doses of	242
L.S.D. in a solid form or equals or exceeds five grams but is less	243
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	244
extract, or liquid distillate form, possession of L.S.D. is a	245
felony of the third degree, and there is a presumption for a	246
prison term for the offense.	247

(d) If the amount of L.S.D. involved equals or exceeds two	248
hundred fifty unit doses but is less than one thousand unit doses	249
of L.S.D. in a solid form or equals or exceeds twenty-five grams	250
but is less than one hundred grams of L.S.D. in a liquid	251
concentrate, liquid extract, or liquid distillate form, possession	252
of L.S.D. is a felony of the second degree, and the court shall	253
impose as a mandatory prison term one of the prison terms	254
prescribed for a felony of the second degree.	255

(e) If the amount of L.S.D. involved equals or exceeds one	256
thousand unit doses but is less than five thousand unit doses of	257
L.S.D. in a solid form or equals or exceeds one hundred grams but	258
is less than five hundred grams of L.S.D. in a liquid concentrate,	259
liquid extract, or liquid distillate form, possession of L.S.D. is	260
a felony of the first degree, and the court shall impose as a	261
mandatory prison term one of the prison terms prescribed for a	262
felony of the first degree.	263

(f) If the amount of L.S.D. involved equals or exceeds five	264
thousand unit doses of L.S.D. in a solid form or equals or exceeds	265
five hundred grams of L.S.D. in a liquid concentrate, liquid	266
extract, or liquid distillate form, possession of L.S.D. is a	267
felony of the first degree, the offender is a major drug offender,	268
and the court shall impose as a mandatory prison term the maximum	269
prison term prescribed for a felony of the first degree.	270

(6) If the drug involved in the violation is heroin or a	271
compound, mixture, preparation, or substance containing heroin,	272
whoever violates division (A) of this section is guilty of	273
possession of heroin. The penalty for the offense shall be	274
determined as follows:	275

(a) Except as otherwise provided in division (C)(6)(b), (c),	276
(d), (e), or (f) of this section, possession of heroin is a felony	277
of the fifth degree, and division (B) of section 2929.13 of the	278
Revised Code applies in determining whether to impose a prison	279
term on the offender.	280

(b) If the amount of the drug involved equals or exceeds ten	281
unit doses but is less than fifty unit doses or equals or exceeds	282
one gram but is less than five grams, possession of heroin is a	283
felony of the fourth degree, and division (C) of section 2929.13	284
of the Revised Code applies in determining whether to impose a	285
prison term on the offender.	286

(c) If the amount of the drug involved equals or exceeds	287
fifty unit doses but is less than one hundred unit doses or equals	288
or exceeds five grams but is less than ten grams, possession of	289
heroin is a felony of the third degree, and there is a presumption	290
for a prison term for the offense.	291

(d) If the amount of the drug involved equals or exceeds one	292
hundred unit doses but is less than five hundred unit doses or	293
equals or exceeds ten grams but is less than fifty grams,	294
possession of heroin is a felony of the second degree, and the	295
court shall impose as a mandatory prison term one of the prison	296
terms prescribed for a felony of the second degree.	297

(e) If the amount of the drug involved equals or exceeds five	298
hundred unit doses but is less than two thousand five hundred unit	299
doses or equals or exceeds fifty grams but is less than two	300
hundred fifty grams, possession of heroin is a felony of the first	301
degree, and the court shall impose as a mandatory prison term one	302
of the prison terms prescribed for a felony of the first degree.	303

(f) If the amount of the drug involved equals or exceeds two	304
thousand five hundred unit doses or equals or exceeds two hundred	305
fifty grams, possession of heroin is a felony of the first degree,	306
the offender is a major drug offender, and the court shall impose	307
as a mandatory prison term the maximum prison term prescribed for	308
a felony of the first degree.	309

(7) If the drug involved in the violation is hashish or a	310
compound, mixture, preparation, or substance containing hashish,	311
whoever violates division (A) of this section is guilty of	312
possession of hashish. The penalty for the offense shall be	313
determined as follows:	314

(a) Except as otherwise provided in division (C)(7)(b), (c),	315
(d), (e), (f), or (g) of this section, possession of hashish is a	316
minor misdemeanor.	317

(b) If the amount of the drug involved equals or exceeds five	318
grams but is less than ten grams of hashish in a solid form or	319
equals or exceeds one gram but is less than two grams of hashish	320
in a liquid concentrate, liquid extract, or liquid distillate	321
form, possession of hashish is a misdemeanor of the fourth degree.	322

(c) If the amount of the drug involved equals or exceeds ten	323
grams but is less than fifty grams of hashish in a solid form or	324
equals or exceeds two grams but is less than ten grams of hashish	325
in a liquid concentrate, liquid extract, or liquid distillate	326
form, possession of hashish is a felony of the fifth degree, and	327
division (B) of section 2929.13 of the Revised Code applies in	328
determining whether to impose a prison term on the offender.	329

(d) If the amount of the drug involved equals or exceeds	330
fifty grams but is less than two hundred fifty grams of hashish in	331
a solid form or equals or exceeds ten grams but is less than fifty	332
grams of hashish in a liquid concentrate, liquid extract, or	333
liquid distillate form, possession of hashish is a felony of the	334
third degree, and division (C) of section 2929.13 of the Revised	335
Code applies in determining whether to impose a prison term on the	336
offender.	337

(e) If the amount of the drug involved equals or exceeds two	338
hundred fifty grams but is less than one thousand grams of hashish	339
in a solid form or equals or exceeds fifty grams but is less than	340
two hundred grams of hashish in a liquid concentrate, liquid	341
extract, or liquid distillate form, possession of hashish is a	342
felony of the third degree, and there is a presumption that a	343
prison term shall be imposed for the offense.	344

(f) If the amount of the drug involved equals or exceeds one	345
thousand grams but is less than two thousand grams of hashish in a	346
solid form or equals or exceeds two hundred grams but is less than	347
four hundred grams of hashish in a liquid concentrate, liquid	348
extract, or liquid distillate form, possession of hashish is a	349
felony of the second degree, and the court shall impose a	350
mandatory prison term of five, six, seven, or eight years.	351

(g) If the amount of the drug involved equals or exceeds two	352
thousand grams of hashish in a solid form or equals or exceeds	353
four hundred grams of hashish in a liquid concentrate, liquid	354
extract, or liquid distillate form, possession of hashish is a	355
felony of the second degree, and the court shall impose as a	356
mandatory prison term the maximum prison term prescribed for a	357
felony of the second degree.	358

(8) If the drug involved is a controlled substance analog or	359
compound, mixture, preparation, or substance that contains a	360
controlled substance analog, whoever violates division (A) of this	361
section is guilty of possession of a controlled substance analog.	362
The penalty for the offense shall be determined as follows:	363

(a) Except as otherwise provided in division (C)(8)(b), (c),	364
(d), (e), or (f) of this section, possession of a controlled	365
substance analog is a felony of the fifth degree, and division (B)	366
of section 2929.13 of the Revised Code applies in determining	367
whether to impose a prison term on the offender.	368

(b) If the amount of the drug involved equals or exceeds ten	369
grams but is less than twenty grams, possession of a controlled	370
substance analog is a felony of the fourth degree, and there is a	371
presumption for a prison term for the offense.	372

(c) If the amount of the drug involved equals or exceeds	373
twenty grams but is less than thirty grams, possession of a	374
controlled substance analog is a felony of the third degree, and	375
there is a presumption for a prison term for the offense.	376

(d) If the amount of the drug involved equals or exceeds	377
thirty grams but is less than forty grams, possession of a	378
controlled substance analog is a felony of the second degree, and	379
the court shall impose as a mandatory prison term one of the	380
prison terms prescribed for a felony of the second degree.	381

(e) If the amount of the drug involved equals or exceeds	382
forty grams but is less than fifty grams, possession of a	383
controlled substance analog is a felony of the first degree, and	384
the court shall impose as a mandatory prison term one of the	385
prison terms prescribed for a felony of the first degree.	386

(f) If the amount of the drug involved equals or exceeds	387
fifty grams, possession of a controlled substance analog is a	388
felony of the first degree, the offender is a major drug offender,	389
and the court shall impose as a mandatory prison term the maximum	390
prison term prescribed for a felony of the first degree.	391

(D) Arrest or conviction for a minor misdemeanor violation of	392
this section does not constitute a criminal record and need not be	393
reported by the person so arrested or convicted in response to any	394
inquiries about the person's criminal record, including any	395
inquiries contained in any application for employment, license, or	396
other right or privilege, or made in connection with the person's	397
appearance as a witness.	398

(E) In addition to any prison term or jail term authorized or	399
required by division (C) of this section and sections 2929.13,	400
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	401
addition to any other sanction that is imposed for the offense	402
under this section, sections 2929.11 to 2929.18, or sections	403
2929.21 to 2929.28 of the Revised Code, the court that sentences	404
an offender who is convicted of or pleads guilty to a violation of	405
division (A) of this section shall do all of the following that	406
are applicable regarding the offender:	407

(1)(a) If the violation is a felony of the first, second, or	408
third degree, the court shall impose upon the offender the	409
mandatory fine specified for the offense under division (B)(1) of	410
section 2929.18 of the Revised Code unless, as specified in that	411
division, the court determines that the offender is indigent.	412

(b) Notwithstanding any contrary provision of section 3719.21	413
of the Revised Code, the clerk of the court shall pay a mandatory	414
fine or other fine imposed for a violation of this section	415
pursuant to division (A) of section 2929.18 of the Revised Code in	416
accordance with and subject to the requirements of division (F) of	417
section 2925.03 of the Revised Code. The agency that receives the	418
fine shall use the fine as specified in division (F) of section	419
2925.03 of the Revised Code.	420

(c) If a person is charged with a violation of this section	421
that is a felony of the first, second, or third degree, posts	422
bail, and forfeits the bail, the clerk shall pay the forfeited	423
bail pursuant to division (E)(1)(b) of this section as if it were	424
a mandatory fine imposed under division (E)(1)(a) of this section.	425

(2) The court shall suspend for not less than six months or	426
more than five years the offender's driver's or commercial	427
driver's license or permit.	428

(3) If the offender is a professionally licensed person, in	429
addition to any other sanction imposed for a violation of this	430
section, the court immediately shall comply with section 2925.38	431
of the Revised Code.	432

(F) It is an affirmative defense, as provided in section	433
2901.05 of the Revised Code, to a charge of a fourth degree felony	434
violation under this section that the controlled substance that	435
gave rise to the charge is in an amount, is in a form, is	436
prepared, compounded, or mixed with substances that are not	437
controlled substances in a manner, or is possessed under any other	438
circumstances, that indicate that the substance was possessed	439
solely for personal use. Notwithstanding any contrary provision of	440
this section, if, in accordance with section 2901.05 of the	441
Revised Code, an accused who is charged with a fourth degree	442
felony violation of division (C)(2), (4), (5), or (6) of this	443
section sustains the burden of going forward with evidence of and	444
establishes by a preponderance of the evidence the affirmative	445
defense described in this division, the accused may be prosecuted	446
for and may plead guilty to or be convicted of a misdemeanor	447
violation of division (C)(2) of this section or a fifth degree	448
felony violation of division (C)(4), (5), or (6) of this section	449
respectively.	450

(G) When a person is charged with possessing a bulk amount or	451
multiple of a bulk amount, division (E) of section 2925.03 of the	452
Revised Code applies regarding the determination of the amount of	453
the controlled substance involved at the time of the offense.	454

(H) It is an affirmative defense to a charge of possession of	455
a controlled substance analog under division (C)(8) of this	456
section that the person charged with violating that offense	457
obtained, possessed, or used an item described in division	458
(HH)(2)(a), (b), or (c) of section 3719.01 of the Revised Code.	459

Section 2. That existing section 2925.11 of the Revised Code	460
is hereby repealed.	461