Bill Text: OH HB363 | 2013-2014 | 130th General Assembly | Introduced
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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Representatives Sprague, Driehaus
Cosponsors:
Representatives Adams, J., Antonio, Buchy, Grossman, Hackett, Patterson, Phillips, Scherer, Sears, Sheehy, Smith, Wachtmann
| 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 |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
