As Reported by the House Criminal Justice Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 64

Representatives Ruhl, Burke 

Cosponsors: Representatives Murray, Snitchler, Maag, Combs, Phillips, Stebelton, Boose, McClain, Grossman, Patmon, Adams, J., Winburn, Garland, Hayes, Bubp, Slaby 

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A BILL

To amend sections 2925.02, 2925.03, 2925.11, and

1

3719.41 of the Revised Code to add synthetic

2

cannabinoids commonly known as K2 or Spice to the

3

list of Schedule I controlled substances, prohibit

4

the possession of Spice, prohibit trafficking in

5

Spice, and provide that if Spice is the drug

6

involved in a violation of the offense of

7

corrupting another with drugs the penalty for the

8

violation will be the same as if marihuana was the

9

drug involved in the offense.

10

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

Section 1.  That sections 2925.02, 2925.03, 2925.11, and	11
3719.41 of the Revised Code be amended to read as follows:	12

Sec. 2925.02.  (A) No person shall knowingly do any of the	13
following:	14

(1) By force, threat, or deception, administer to another or	15
induce or cause another to use a controlled substance;	16

(2) By any means, administer or furnish to another or induce	17
or cause another to use a controlled substance with purpose to	18
cause serious physical harm to the other person, or with purpose	19
to cause the other person to become drug dependent;	20

(3) By any means, administer or furnish to another or induce	21
or cause another to use a controlled substance, and thereby cause	22
serious physical harm to the other person, or cause the other	23
person to become drug dependent;	24

(4) By any means, do any of the following:

25

(a) Furnish or administer a controlled substance to a	26
juvenile who is at least two years the offender's junior, when the	27
offender knows the age of the juvenile or is reckless in that	28
regard;	29

(b) Induce or cause a juvenile who is at least two years the	30
offender's junior to use a controlled substance, when the offender	31
knows the age of the juvenile or is reckless in that regard;	32

(c) Induce or cause a juvenile who is at least two years the	33
offender's junior to commit a felony drug abuse offense, when the	34
offender knows the age of the juvenile or is reckless in that	35
regard;	36

(d) Use a juvenile, whether or not the offender knows the age	37
of the juvenile, to perform any surveillance activity that is	38
intended to prevent the detection of the offender or any other	39
person in the commission of a felony drug abuse offense or to	40
prevent the arrest of the offender or any other person for the	41
commission of a felony drug abuse offense.	42

(B) Division (A)(1), (3), or (4) of this section does not	43
apply to manufacturers, wholesalers, licensed health professionals	44
authorized to prescribe drugs, pharmacists, owners of pharmacies,	45
and other persons whose conduct is in accordance with Chapters	46
3719., 4715., 4723., 4729., 4730., 4731., and 4741. of the Revised	47
Code.	48

(C) Whoever violates this section is guilty of corrupting	49
another with drugs. The penalty for the offense shall be	50
determined as follows:	51

(1) Except as otherwise provided in this division, if the	52
drug involved is any compound, mixture, preparation, or substance	53
included in schedule I or II, with the exception of marihuana,	54
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	55
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	56
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	57
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	58
corrupting another with drugs is a felony of the second degree,	59
and, subject to division (E) of this section, the court shall	60
impose as a mandatory prison term one of the prison terms	61
prescribed for a felony of the second degree. If the drug involved	62
is any compound, mixture, preparation, or substance included in	63
schedule I or II, with the exception of marihuana,	64
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	65
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	66
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	67
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	68
if the offense was committed in the vicinity of a school,	69
corrupting another with drugs is a felony of the first degree,	70
and, subject to division (E) of this section, the court shall	71
impose as a mandatory prison term one of the prison terms	72
prescribed for a felony of the first degree.	73

(2) Except as otherwise provided in this division, if the	74
drug involved is any compound, mixture, preparation, or substance	75
included in schedule III, IV, or V, corrupting another with drugs	76
is a felony of the second degree, and there is a presumption for a	77
prison term for the offense. If the drug involved is any compound,	78
mixture, preparation, or substance included in schedule III, IV,	79
or V and if the offense was committed in the vicinity of a school,	80
corrupting another with drugs is a felony of the second degree,	81
and the court shall impose as a mandatory prison term one of the	82
prison terms prescribed for a felony of the second degree.	83

(3) Except as otherwise provided in this division, if the	84
drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	85
1-Butyl-3-(1-naphthoyl)indole,	86
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	87
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	88
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	89
corrupting another with drugs is a felony of the fourth degree,	90
and division (C) of section 2929.13 of the Revised Code applies in	91
determining whether to impose a prison term on the offender. If	92
the drug involved is marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	93
1-Butyl-3-(1-naphthoyl)indole,	94
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	95
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	96
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	97
if the offense was committed in the vicinity of a school,	98
corrupting another with drugs is a felony of the third degree, and	99
division (C) of section 2929.13 of the Revised Code applies in	100
determining whether to impose a prison term on the offender.	101

(D) In addition to any prison term authorized or required by	102
division (C) or (E) of this section and sections 2929.13 and	103
2929.14 of the Revised Code and in addition to any other sanction	104
imposed for the offense under this section or sections 2929.11 to	105
2929.18 of the Revised Code, the court that sentences an offender	106
who is convicted of or pleads guilty to a violation of division	107
(A) of this section or the clerk of that court shall do all of the	108
following that are applicable regarding the offender:	109

(1)(a) If the violation is a felony of the first, second, or	110
third degree, the court shall impose upon the offender the	111
mandatory fine specified for the offense under division (B)(1) of	112
section 2929.18 of the Revised Code unless, as specified in that	113
division, the court determines that the offender is indigent.	114

(b) Notwithstanding any contrary provision of section 3719.21	115
of the Revised Code, any mandatory fine imposed pursuant to	116
division (D)(1)(a) of this section and any fine imposed for a	117
violation of this section pursuant to division (A) of section	118
2929.18 of the Revised Code shall be paid by the clerk of the	119
court in accordance with and subject to the requirements of, and	120
shall be used as specified in, division (F) of section 2925.03 of	121
the Revised Code.	122

(c) If a person is charged with any violation of this section	123
that is a felony of the first, second, or third degree, posts	124
bail, and forfeits the bail, the forfeited bail shall be paid by	125
the clerk of the court pursuant to division (D)(1)(b) of this	126
section as if it were a fine imposed for a violation of this	127
section.	128

(2) The court shall suspend for not less than six months nor	129
more than five years the offender's driver's or commercial	130
driver's license or permit. If an offender's driver's or	131
commercial driver's license or permit is suspended pursuant to	132
this division, the offender, at any time after the expiration of	133
two years from the day on which the offender's sentence was	134
imposed or from the day on which the offender finally was released	135
from a prison term under the sentence, whichever is later, may	136
file a motion with the sentencing court requesting termination of	137
the suspension. Upon the filing of the motion and the court's	138
finding of good cause for the termination, the court may terminate	139
the suspension.	140

(3) If the offender is a professionally licensed person, in	141
addition to any other sanction imposed for a violation of this	142
section, the court immediately shall comply with section 2925.38	143
of the Revised Code.	144

(E) Notwithstanding the prison term otherwise authorized or	145
required for the offense under division (C) of this section and	146
sections 2929.13 and 2929.14 of the Revised Code, if the violation	147
of division (A) of this section involves the sale, offer to sell,	148
or possession of a schedule I or II controlled substance, with the	149
exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	150
1-Butyl-3-(1-naphthoyl)indole,	151
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	152
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	153
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, and	154
if the court imposing sentence upon the offender finds that the	155
offender as a result of the violation is a major drug offender and	156
is guilty of a specification of the type described in section	157
2941.1410 of the Revised Code, the court, in lieu of the prison	158
term that otherwise is authorized or required, shall impose upon	159
the offender the mandatory prison term specified in division	160
(D)(3)(a) of section 2929.14 of the Revised Code and may impose an	161
additional prison term under division (D)(3)(b) of that section.	162

Sec. 2925.03.  (A) No person shall knowingly do any of the	163
following:	164

(1) Sell or offer to sell a controlled substance;

165

(2) Prepare for shipment, ship, transport, deliver, prepare	166
for distribution, or distribute a controlled substance, when the	167
offender knows or has reasonable cause to believe that the	168
controlled substance is intended for sale or resale by the	169
offender or another person.	170

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

171

(1) Manufacturers, licensed health professionals authorized	172
to prescribe drugs, pharmacists, owners of pharmacies, and other	173
persons whose conduct is in accordance with Chapters 3719., 4715.,	174
4723., 4729., 4730., 4731., and 4741. of the Revised Code;	175

(2) If the offense involves an anabolic steroid, any person	176
who is conducting or participating in a research project involving	177
the use of an anabolic steroid if the project has been approved by	178
the United States food and drug administration;	179

(3) Any person who sells, offers for sale, prescribes,	180
dispenses, or administers for livestock or other nonhuman species	181
an anabolic steroid that is expressly intended for administration	182
through implants to livestock or other nonhuman species and	183
approved for that purpose under the "Federal Food, Drug, and	184
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	185
and is sold, offered for sale, prescribed, dispensed, or	186
administered for that purpose in accordance with that act.	187

(C) Whoever violates division (A) of this section is guilty	188
of one of the following:	189

(1) If the drug involved in the violation is any compound,	190
mixture, preparation, or substance included in schedule I or	191
schedule II, with the exception of marihuana,	192
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	193
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	194
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	195
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	196
cocaine, L.S.D., heroin, and hashish, whoever violates division	197
(A) of this section is guilty of aggravated trafficking in drugs.	198
The penalty for the offense shall be determined as follows:	199

(a) Except as otherwise provided in division (C)(1)(b), (c),	200
(d), (e), or (f) of this section, aggravated trafficking in drugs	201
is a felony of the fourth degree, and division (C) of section	202
2929.13 of the Revised Code applies in determining whether to	203
impose a prison term on the offender.	204

(b) Except as otherwise provided in division (C)(1)(c), (d),	205
(e), or (f) of this section, if the offense was committed in the	206
vicinity of a school or in the vicinity of a juvenile, aggravated	207
trafficking in drugs is a felony of the third degree, and division	208
(C) of section 2929.13 of the Revised Code applies in determining	209
whether to impose a prison term on the offender.	210

(c) Except as otherwise provided in this division, if the	211
amount of the drug involved equals or exceeds the bulk amount but	212
is less than five times the bulk amount, aggravated trafficking in	213
drugs is a felony of the third degree, and the court shall impose	214
as a mandatory prison term one of the prison terms prescribed for	215
a felony of the third degree. If the amount of the drug involved	216
is within that range and if the offense was committed in the	217
vicinity of a school or in the vicinity of a juvenile, aggravated	218
trafficking in drugs is a felony of the second degree, and the	219
court shall impose as a mandatory prison term one of the prison	220
terms prescribed for a felony of the second degree.	221

(d) Except as otherwise provided in this division, if the	222
amount of the drug involved equals or exceeds five times the bulk	223
amount but is less than fifty times the bulk amount, aggravated	224
trafficking in drugs is a felony of the second degree, and the	225
court shall impose as a mandatory prison term one of the prison	226
terms prescribed for a felony of the second degree. If the amount	227
of the drug involved is within that range and if the offense was	228
committed in the vicinity of a school or in the vicinity of a	229
juvenile, aggravated trafficking in drugs is a felony of the first	230
degree, and the court shall impose as a mandatory prison term one	231
of the prison terms prescribed for a felony of the first degree.	232

(e) If the amount of the drug involved equals or exceeds	233
fifty times the bulk amount but is less than one hundred times the	234
bulk amount and regardless of whether the offense was committed in	235
the vicinity of a school or in the vicinity of a juvenile,	236
aggravated trafficking in drugs is a felony of the first degree,	237
and the court shall impose as a mandatory prison term one of the	238
prison terms prescribed for a felony of the first degree.	239

(f) If the amount of the drug involved equals or exceeds one	240
hundred times the bulk amount and regardless of whether the	241
offense was committed in the vicinity of a school or in the	242
vicinity of a juvenile, aggravated trafficking in drugs is a	243
felony of the first degree, the offender is a major drug offender,	244
and the court shall impose as a mandatory prison term the maximum	245
prison term prescribed for a felony of the first degree and may	246
impose an additional prison term prescribed for a major drug	247
offender under division (D)(3)(b) of section 2929.14 of the	248
Revised Code.	249

(2) If the drug involved in the violation is any compound,	250
mixture, preparation, or substance included in schedule III, IV,	251
or V, whoever violates division (A) of this section is guilty of	252
trafficking in drugs. The penalty for the offense shall be	253
determined as follows:	254

(a) Except as otherwise provided in division (C)(2)(b), (c),	255
(d), or (e) of this section, trafficking in drugs is a felony of	256
the fifth degree, and division (C) of section 2929.13 of the	257
Revised Code applies in determining whether to impose a prison	258
term on the offender.	259

(b) Except as otherwise provided in division (C)(2)(c), (d),	260
or (e) of this section, if the offense was committed in the	261
vicinity of a school or in the vicinity of a juvenile, trafficking	262
in drugs is a felony of the fourth degree, and division (C) of	263
section 2929.13 of the Revised Code applies in determining whether	264
to impose a prison term on the offender.	265

(c) Except as otherwise provided in this division, if the	266
amount of the drug involved equals or exceeds the bulk amount but	267
is less than five times the bulk amount, trafficking in drugs is a	268
felony of the fourth degree, and there is a presumption for a	269
prison term for the offense. If the amount of the drug involved is	270
within that range and if the offense was committed in the vicinity	271
of a school or in the vicinity of a juvenile, trafficking in drugs	272
is a felony of the third degree, and there is a presumption for a	273
prison term for the offense.	274

(d) Except as otherwise provided in this division, if the	275
amount of the drug involved equals or exceeds five times the bulk	276
amount but is less than fifty times the bulk amount, trafficking	277
in drugs is a felony of the third degree, and there is a	278
presumption for a prison term for the offense. If the amount of	279
the drug involved is within that range and if the offense was	280
committed in the vicinity of a school or in the vicinity of a	281
juvenile, trafficking in drugs is a felony of the second degree,	282
and there is a presumption for a prison term for the offense.	283

(e) Except as otherwise provided in this division, if the	284
amount of the drug involved equals or exceeds fifty times the bulk	285
amount, trafficking in drugs is a felony of the second degree, and	286
the court shall impose as a mandatory prison term one of the	287
prison terms prescribed for a felony of the second degree. If the	288
amount of the drug involved equals or exceeds fifty times the bulk	289
amount and if the offense was committed in the vicinity of a	290
school or in the vicinity of a juvenile, trafficking in drugs is a	291
felony of the first degree, and the court shall impose as a	292
mandatory prison term one of the prison terms prescribed for a	293
felony of the first degree.	294

(3) If the drug involved in the violation is marihuana or a	295
compound, mixture, preparation, or substance containing marihuana	296
other than hashish, whoever violates division (A) of this section	297
is guilty of trafficking in marihuana. The penalty for the offense	298
shall be determined as follows:	299

(a) Except as otherwise provided in division (C)(3)(b), (c),	300
(d), (e), (f), or (g) of this section, trafficking in marihuana is	301
a felony of the fifth degree, and division (C) of section 2929.13	302
of the Revised Code applies in determining whether to impose a	303
prison term on the offender.	304

(b) Except as otherwise provided in division (C)(3)(c), (d),	305
(e), (f), or (g) of this section, if the offense was committed in	306
the vicinity of a school or in the vicinity of a juvenile,	307
trafficking in marihuana is a felony of the fourth degree, and	308
division (C) of section 2929.13 of the Revised Code applies in	309
determining whether to impose a prison term on the offender.	310

(c) Except as otherwise provided in this division, if the	311
amount of the drug involved equals or exceeds two hundred grams	312
but is less than one thousand grams, trafficking in marihuana is a	313
felony of the fourth degree, and division (C) of section 2929.13	314
of the Revised Code applies in determining whether to impose a	315
prison term on the offender. If the amount of the drug involved is	316
within that range and if the offense was committed in the vicinity	317
of a school or in the vicinity of a juvenile, trafficking in	318
marihuana is a felony of the third degree, and division (C) of	319
section 2929.13 of the Revised Code applies in determining whether	320
to impose a prison term on the offender.	321

(d) Except as otherwise provided in this division, if the	322
amount of the drug involved equals or exceeds one thousand grams	323
but is less than five thousand grams, trafficking in marihuana is	324
a felony of the third degree, and division (C) of section 2929.13	325
of the Revised Code applies in determining whether to impose a	326
prison term on the offender. If the amount of the drug involved is	327
within that range and if the offense was committed in the vicinity	328
of a school or in the vicinity of a juvenile, trafficking in	329
marihuana is a felony of the second degree, and there is a	330
presumption that a prison term shall be imposed for the offense.	331

(e) Except as otherwise provided in this division, if the	332
amount of the drug involved equals or exceeds five thousand grams	333
but is less than twenty thousand grams, trafficking in marihuana	334
is a felony of the third degree, and there is a presumption that a	335
prison term shall be imposed for the offense. If the amount of the	336
drug involved is within that range and if the offense was	337
committed in the vicinity of a school or in the vicinity of a	338
juvenile, trafficking in marihuana is a felony of the second	339
degree, and there is a presumption that a prison term shall be	340
imposed for the offense.	341

(f) Except as otherwise provided in this division, if the	342
amount of the drug involved equals or exceeds twenty thousand	343
grams, trafficking in marihuana is a felony of the second degree,	344
and the court shall impose as a mandatory prison term the maximum	345
prison term prescribed for a felony of the second degree. If the	346
amount of the drug involved equals or exceeds twenty thousand	347
grams and if the offense was committed in the vicinity of a school	348
or in the vicinity of a juvenile, trafficking in marihuana is a	349
felony of the first degree, and the court shall impose as a	350
mandatory prison term the maximum prison term prescribed for a	351
felony of the first degree.	352

(g) Except as otherwise provided in this division, if the	353
offense involves a gift of twenty grams or less of marihuana,	354
trafficking in marihuana is a minor misdemeanor upon a first	355
offense and a misdemeanor of the third degree upon a subsequent	356
offense. If the offense involves a gift of twenty grams or less of	357
marihuana and if the offense was committed in the vicinity of a	358
school or in the vicinity of a juvenile, trafficking in marihuana	359
is a misdemeanor of the third degree.	360

(4) If the drug involved in the violation is cocaine or a	361
compound, mixture, preparation, or substance containing cocaine,	362
whoever violates division (A) of this section is guilty of	363
trafficking in cocaine. The penalty for the offense shall be	364
determined as follows:	365

(a) Except as otherwise provided in division (C)(4)(b), (c),	366
(d), (e), (f), or (g) of this section, trafficking in cocaine is a	367
felony of the fifth degree, and division (C) of section 2929.13 of	368
the Revised Code applies in determining whether to impose a prison	369
term on the offender.	370

(b) Except as otherwise provided in division (C)(4)(c), (d),	371
(e), (f), or (g) of this section, if the offense was committed in	372
the vicinity of a school or in the vicinity of a juvenile,	373
trafficking in cocaine is a felony of the fourth degree, and	374
division (C) of section 2929.13 of the Revised Code applies in	375
determining whether to impose a prison term on the offender.	376

(c) Except as otherwise provided in this division, if the	377
amount of the drug involved equals or exceeds five grams but is	378
less than ten grams of cocaine that is not crack cocaine or equals	379
or exceeds one gram but is less than five grams of crack cocaine,	380
trafficking in cocaine is a felony of the fourth degree, and there	381
is a presumption for a prison term for the offense. If the amount	382
of the drug involved is within one of those ranges and if the	383
offense was committed in the vicinity of a school or in the	384
vicinity of a juvenile, trafficking in cocaine is a felony of the	385
third degree, and there is a presumption for a prison term for the	386
offense.	387

(d) Except as otherwise provided in this division, if the	388
amount of the drug involved equals or exceeds ten grams but is	389
less than one hundred grams of cocaine that is not crack cocaine	390
or equals or exceeds five grams but is less than ten grams of	391
crack cocaine, trafficking in cocaine is a felony of the third	392
degree, and the court shall impose as a mandatory prison term one	393
of the prison terms prescribed for a felony of the third degree.	394
If the amount of the drug involved is within one of those ranges	395
and if the offense was committed in the vicinity of a school or in	396
the vicinity of a juvenile, trafficking in cocaine is a felony of	397
the second degree, and the court shall impose as a mandatory	398
prison term one of the prison terms prescribed for a felony of the	399
second degree.	400

(e) Except as otherwise provided in this division, if the	401
amount of the drug involved equals or exceeds one hundred grams	402
but is less than five hundred grams of cocaine that is not crack	403
cocaine or equals or exceeds ten grams but is less than	404
twenty-five grams of crack cocaine, trafficking in cocaine is a	405
felony of the second degree, and the court shall impose as a	406
mandatory prison term one of the prison terms prescribed for a	407
felony of the second degree. If the amount of the drug involved is	408
within one of those ranges and if the offense was committed in the	409
vicinity of a school or in the vicinity of a juvenile, trafficking	410
in cocaine is a felony of the first degree, and the court shall	411
impose as a mandatory prison term one of the prison terms	412
prescribed for a felony of the first degree.	413

(f) If the amount of the drug involved equals or exceeds five	414
hundred grams but is less than one thousand grams of cocaine that	415
is not crack cocaine or equals or exceeds twenty-five grams but is	416
less than one hundred grams of crack cocaine and regardless of	417
whether the offense was committed in the vicinity of a school or	418
in the vicinity of a juvenile, trafficking in cocaine is a felony	419
of the first degree, and the court shall impose as a mandatory	420
prison term one of the prison terms prescribed for a felony of the	421
first degree.	422

(g) If the amount of the drug involved equals or exceeds one	423
thousand grams of cocaine that is not crack cocaine or equals or	424
exceeds one hundred grams of crack cocaine and regardless of	425
whether the offense was committed in the vicinity of a school or	426
in the vicinity of a juvenile, trafficking in cocaine is a felony	427
of the first degree, the offender is a major drug offender, and	428
the court shall impose as a mandatory prison term the maximum	429
prison term prescribed for a felony of the first degree and may	430
impose an additional mandatory prison term prescribed for a major	431
drug offender under division (D)(3)(b) of section 2929.14 of the	432
Revised Code.	433

(5) If the drug involved in the violation is L.S.D. or a	434
compound, mixture, preparation, or substance containing L.S.D.,	435
whoever violates division (A) of this section is guilty of	436
trafficking in L.S.D. The penalty for the offense shall be	437
determined as follows:	438

(a) Except as otherwise provided in division (C)(5)(b), (c),	439
(d), (e), (f), or (g) of this section, trafficking in L.S.D. is a	440
felony of the fifth degree, and division (C) of section 2929.13 of	441
the Revised Code applies in determining whether to impose a prison	442
term on the offender.	443

(b) Except as otherwise provided in division (C)(5)(c), (d),	444
(e), (f), or (g) of this section, if the offense was committed in	445
the vicinity of a school or in the vicinity of a juvenile,	446
trafficking in L.S.D. is a felony of the fourth degree, and	447
division (C) of section 2929.13 of the Revised Code applies in	448
determining whether to impose a prison term on the offender.	449

(c) Except as otherwise provided in this division, if the	450
amount of the drug involved equals or exceeds ten unit doses but	451
is less than fifty unit doses of L.S.D. in a solid form or equals	452
or exceeds one gram but is less than five grams of L.S.D. in a	453
liquid concentrate, liquid extract, or liquid distillate form,	454
trafficking in L.S.D. is a felony of the fourth degree, and there	455
is a presumption for a prison term for the offense. If the amount	456
of the drug involved is within that range and if the offense was	457
committed in the vicinity of a school or in the vicinity of a	458
juvenile, trafficking in L.S.D. is a felony of the third degree,	459
and there is a presumption for a prison term for the offense.	460

(d) Except as otherwise provided in this division, if the	461
amount of the drug involved equals or exceeds fifty unit doses but	462
is less than two hundred fifty unit doses of L.S.D. in a solid	463
form or equals or exceeds five grams but is less than twenty-five	464
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid	465
distillate form, trafficking in L.S.D. is a felony of the third	466
degree, and the court shall impose as a mandatory prison term one	467
of the prison terms prescribed for a felony of the third degree.	468
If the amount of the drug involved is within that range and if the	469
offense was committed in the vicinity of a school or in the	470
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	471
second degree, and the court shall impose as a mandatory prison	472
term one of the prison terms prescribed for a felony of the second	473
degree.	474

(e) Except as otherwise provided in this division, if the	475
amount of the drug involved equals or exceeds two hundred fifty	476
unit doses but is less than one thousand unit doses of L.S.D. in a	477
solid form or equals or exceeds twenty-five grams but is less than	478
one hundred grams of L.S.D. in a liquid concentrate, liquid	479
extract, or liquid distillate form, trafficking in L.S.D. is a	480
felony of the second degree, and the court shall impose as a	481
mandatory prison term one of the prison terms prescribed for a	482
felony of the second degree. If the amount of the drug involved is	483
within that range and if the offense was committed in the vicinity	484
of a school or in the vicinity of a juvenile, trafficking in	485
L.S.D. is a felony of the first degree, and the court shall impose	486
as a mandatory prison term one of the prison terms prescribed for	487
a felony of the first degree.	488

(f) If the amount of the drug involved equals or exceeds one	489
thousand unit doses but is less than five thousand unit doses of	490
L.S.D. in a solid form or equals or exceeds one hundred grams but	491
is less than five hundred grams of L.S.D. in a liquid concentrate,	492
liquid extract, or liquid distillate form and regardless of	493
whether the offense was committed in the vicinity of a school or	494
in the vicinity of a juvenile, trafficking in L.S.D. is a felony	495
of the first degree, and the court shall impose as a mandatory	496
prison term one of the prison terms prescribed for a felony of the	497
first degree.	498

(g) If the amount of the drug involved equals or exceeds five	499
thousand unit doses of L.S.D. in a solid form or equals or exceeds	500
five hundred grams of L.S.D. in a liquid concentrate, liquid	501
extract, or liquid distillate form and regardless of whether the	502
offense was committed in the vicinity of a school or in the	503
vicinity of a juvenile, trafficking in L.S.D. is a felony of the	504
first degree, the offender is a major drug offender, and the court	505
shall impose as a mandatory prison term the maximum prison term	506
prescribed for a felony of the first degree and may impose an	507
additional mandatory prison term prescribed for a major drug	508
offender under division (D)(3)(b) of section 2929.14 of the	509
Revised Code.	510

(6) If the drug involved in the violation is heroin or a	511
compound, mixture, preparation, or substance containing heroin,	512
whoever violates division (A) of this section is guilty of	513
trafficking in heroin. The penalty for the offense shall be	514
determined as follows:	515

(a) Except as otherwise provided in division (C)(6)(b), (c),	516
(d), (e), (f), or (g) of this section, trafficking in heroin is a	517
felony of the fifth degree, and division (C) of section 2929.13 of	518
the Revised Code applies in determining whether to impose a prison	519
term on the offender.	520

(b) Except as otherwise provided in division (C)(6)(c), (d),	521
(e), (f), or (g) of this section, if the offense was committed in	522
the vicinity of a school or in the vicinity of a juvenile,	523
trafficking in heroin is a felony of the fourth degree, and	524
division (C) of section 2929.13 of the Revised Code applies in	525
determining whether to impose a prison term on the offender.	526

(c) Except as otherwise provided in this division, if the	527
amount of the drug involved equals or exceeds ten unit doses but	528
is less than fifty unit doses or equals or exceeds one gram but is	529
less than five grams, trafficking in heroin is a felony of the	530
fourth degree, and there is a presumption for a prison term for	531
the offense. If the amount of the drug involved is within that	532
range and if the offense was committed in the vicinity of a school	533
or in the vicinity of a juvenile, trafficking in heroin is a	534
felony of the third degree, and there is a presumption for a	535
prison term for the offense.	536

(d) Except as otherwise provided in this division, if the	537
amount of the drug involved equals or exceeds fifty unit doses but	538
is less than one hundred unit doses or equals or exceeds five	539
grams but is less than ten grams, trafficking in heroin is a	540
felony of the third degree, and there is a presumption for a	541
prison term for the offense. If the amount of the drug involved is	542
within that range and if the offense was committed in the vicinity	543
of a school or in the vicinity of a juvenile, trafficking in	544
heroin is a felony of the second degree, and there is a	545
presumption for a prison term for the offense.	546

(e) Except as otherwise provided in this division, if the	547
amount of the drug involved equals or exceeds one hundred unit	548
doses but is less than five hundred unit doses or equals or	549
exceeds ten grams but is less than fifty grams, trafficking in	550
heroin is a felony of the second degree, and the court shall	551
impose as a mandatory prison term one of the prison terms	552
prescribed for a felony of the second degree. If the amount of the	553
drug involved is within that range and if the offense was	554
committed in the vicinity of a school or in the vicinity of a	555
juvenile, trafficking in heroin is a felony of the first degree,	556
and the court shall impose as a mandatory prison term one of the	557
prison terms prescribed for a felony of the first degree.	558

(f) If the amount of the drug involved equals or exceeds five	559
hundred unit doses but is less than two thousand five hundred unit	560
doses or equals or exceeds fifty grams but is less than two	561
hundred fifty grams and regardless of whether the offense was	562
committed in the vicinity of a school or in the vicinity of a	563
juvenile, trafficking in heroin is a felony of the first degree,	564
and the court shall impose as a mandatory prison term one of the	565
prison terms prescribed for a felony of the first degree.	566

(g) If the amount of the drug involved equals or exceeds two	567
thousand five hundred unit doses or equals or exceeds two hundred	568
fifty grams and regardless of whether the offense was committed in	569
the vicinity of a school or in the vicinity of a juvenile,	570
trafficking in heroin is a felony of the first degree, the	571
offender is a major drug offender, and the court shall impose as a	572
mandatory prison term the maximum prison term prescribed for a	573
felony of the first degree and may impose an additional mandatory	574
prison term prescribed for a major drug offender under division	575
(D)(3)(b) of section 2929.14 of the Revised Code.	576

(7) If the drug involved in the violation is hashish or a	577
compound, mixture, preparation, or substance containing hashish,	578
whoever violates division (A) of this section is guilty of	579
trafficking in hashish. The penalty for the offense shall be	580
determined as follows:	581

(a) Except as otherwise provided in division (C)(7)(b), (c),	582
(d), (e), or (f) of this section, trafficking in hashish is a	583
felony of the fifth degree, and division (C) of section 2929.13 of	584
the Revised Code applies in determining whether to impose a prison	585
term on the offender.	586

(b) Except as otherwise provided in division (C)(7)(c), (d),	587
(e), or (f) of this section, if the offense was committed in the	588
vicinity of a school or in the vicinity of a juvenile, trafficking	589
in hashish is a felony of the fourth degree, and division (C) of	590
section 2929.13 of the Revised Code applies in determining whether	591
to impose a prison term on the offender.	592

(c) Except as otherwise provided in this division, if the	593
amount of the drug involved equals or exceeds ten grams but is	594
less than fifty grams of hashish in a solid form or equals or	595
exceeds two grams but is less than ten grams of hashish in a	596
liquid concentrate, liquid extract, or liquid distillate form,	597
trafficking in hashish is a felony of the fourth degree, and	598
division (C) of section 2929.13 of the Revised Code applies in	599
determining whether to impose a prison term on the offender. If	600
the amount of the drug involved is within that range and if the	601
offense was committed in the vicinity of a school or in the	602
vicinity of a juvenile, trafficking in hashish is a felony of the	603
third degree, and division (C) of section 2929.13 of the Revised	604
Code applies in determining whether to impose a prison term on the	605
offender.	606

(d) Except as otherwise provided in this division, if the	607
amount of the drug involved equals or exceeds fifty grams but is	608
less than two hundred fifty grams of hashish in a solid form or	609
equals or exceeds ten grams but is less than fifty grams of	610
hashish in a liquid concentrate, liquid extract, or liquid	611
distillate form, trafficking in hashish is a felony of the third	612
degree, and division (C) of section 2929.13 of the Revised Code	613
applies in determining whether to impose a prison term on the	614
offender. If the amount of the drug involved is within that range	615
and if the offense was committed in the vicinity of a school or in	616
the vicinity of a juvenile, trafficking in hashish is a felony of	617
the second degree, and there is a presumption that a prison term	618
shall be imposed for the offense.	619

(e) Except as otherwise provided in this division, if the	620
amount of the drug involved equals or exceeds two hundred fifty	621
grams but is less than one thousand grams of hashish in a solid	622
form or equals or exceeds fifty grams but is less than two hundred	623
grams of hashish in a liquid concentrate, liquid extract, or	624
liquid distillate form, trafficking in hashish is a felony of the	625
third degree, and there is a presumption that a prison term shall	626
be imposed for the offense. If the amount of the drug involved is	627
within that range and if the offense was committed in the vicinity	628
of a school or in the vicinity of a juvenile, trafficking in	629
hashish is a felony of the second degree, and there is a	630
presumption that a prison term shall be imposed for the offense.	631

(f) Except as otherwise provided in this division, if the	632
amount of the drug involved equals or exceeds one thousand grams	633
of hashish in a solid form or equals or exceeds two hundred grams	634
of hashish in a liquid concentrate, liquid extract, or liquid	635
distillate form, trafficking in hashish is a felony of the second	636
degree, and the court shall impose as a mandatory prison term the	637
maximum prison term prescribed for a felony of the second degree.	638
If the amount of the drug involved is within that range and if the	639
offense was committed in the vicinity of a school or in the	640
vicinity of a juvenile, trafficking in hashish is a felony of the	641
first degree, and the court shall impose as a mandatory prison	642
term the maximum prison term prescribed for a felony of the first	643
degree.	644

(8) If the drug involved in the violation is	645
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	646
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	647
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	648
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	649
compound, mixture, preparation, or substance containing	650
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	651
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	652
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	653
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	654
whoever violates division (A) of this section is guilty of	655
trafficking in spice. The penalty for the offense shall be	656
determined as follows:	657

(a) Except as otherwise provided in division (C)(8)(b) of	658
this section, trafficking in spice is a felony of the fifth	659
degree, and division (C) of section 2929.13 of the Revised Code	660
applies in determining whether to impose a prison term on the	661
offender.	662

(b) If the offense was committed in the vicinity of a school	663
or in the vicinity of a juvenile, trafficking in spice is a felony	664
of the fourth degree, and division (C) of section 2929.13 of the	665
Revised Code applies in determining whether to impose a prison	666
term on the offender.	667

(D) In addition to any prison term authorized or required by	668
division (C) of this section and sections 2929.13 and 2929.14 of	669
the Revised Code, and in addition to any other sanction imposed	670
for the offense under this section or sections 2929.11 to 2929.18	671
of the Revised Code, the court that sentences an offender who is	672
convicted of or pleads guilty to a violation of division (A) of	673
this section shall do all of the following that are applicable	674
regarding the offender:	675

(1) If the violation of division (A) of this section is a	676
felony of the first, second, or third degree, the court shall	677
impose upon the offender the mandatory fine specified for the	678
offense under division (B)(1) of section 2929.18 of the Revised	679
Code unless, as specified in that division, the court determines	680
that the offender is indigent. Except as otherwise provided in	681
division (H)(1) of this section, a mandatory fine or any other	682
fine imposed for a violation of this section is subject to	683
division (F) of this section. If a person is charged with a	684
violation of this section that is a felony of the first, second,	685
or third degree, posts bail, and forfeits the bail, the clerk of	686
the court shall pay the forfeited bail pursuant to divisions	687
(D)(1) and (F) of this section, as if the forfeited bail was a	688
fine imposed for a violation of this section. If any amount of the	689
forfeited bail remains after that payment and if a fine is imposed	690
under division (H)(1) of this section, the clerk of the court	691
shall pay the remaining amount of the forfeited bail pursuant to	692
divisions (H)(2) and (3) of this section, as if that remaining	693
amount was a fine imposed under division (H)(1) of this section.	694

(2) The court shall suspend the driver's or commercial	695
driver's license or permit of the offender in accordance with	696
division (G) of this section.	697

(3) If the offender is a professionally licensed person, the	698
court immediately shall comply with section 2925.38 of the Revised	699
Code.	700

(E) When a person is charged with the sale of or offer to	701
sell a bulk amount or a multiple of a bulk amount of a controlled	702
substance, the jury, or the court trying the accused, shall	703
determine the amount of the controlled substance involved at the	704
time of the offense and, if a guilty verdict is returned, shall	705
return the findings as part of the verdict. In any such case, it	706
is unnecessary to find and return the exact amount of the	707
controlled substance involved, and it is sufficient if the finding	708
and return is to the effect that the amount of the controlled	709
substance involved is the requisite amount, or that the amount of	710
the controlled substance involved is less than the requisite	711
amount.	712

(F)(1) Notwithstanding any contrary provision of section	713
3719.21 of the Revised Code and except as provided in division (H)	714
of this section, the clerk of the court shall pay any mandatory	715
fine imposed pursuant to division (D)(1) of this section and any	716
fine other than a mandatory fine that is imposed for a violation	717
of this section pursuant to division (A) or (B)(5) of section	718
2929.18 of the Revised Code to the county, township, municipal	719
corporation, park district, as created pursuant to section 511.18	720
or 1545.04 of the Revised Code, or state law enforcement agencies	721
in this state that primarily were responsible for or involved in	722
making the arrest of, and in prosecuting, the offender. However,	723
the clerk shall not pay a mandatory fine so imposed to a law	724
enforcement agency unless the agency has adopted a written	725
internal control policy under division (F)(2) of this section that	726
addresses the use of the fine moneys that it receives. Each agency	727
shall use the mandatory fines so paid to subsidize the agency's	728
law enforcement efforts that pertain to drug offenses, in	729
accordance with the written internal control policy adopted by the	730
recipient agency under division (F)(2) of this section.	731

(2)(a) Prior to receiving any fine moneys under division	732
(F)(1) of this section or division (B) of section 2925.42 of the	733
Revised Code, a law enforcement agency shall adopt a written	734
internal control policy that addresses the agency's use and	735
disposition of all fine moneys so received and that provides for	736
the keeping of detailed financial records of the receipts of those	737
fine moneys, the general types of expenditures made out of those	738
fine moneys, and the specific amount of each general type of	739
expenditure. The policy shall not provide for or permit the	740
identification of any specific expenditure that is made in an	741
ongoing investigation. All financial records of the receipts of	742
those fine moneys, the general types of expenditures made out of	743
those fine moneys, and the specific amount of each general type of	744
expenditure by an agency are public records open for inspection	745
under section 149.43 of the Revised Code. Additionally, a written	746
internal control policy adopted under this division is such a	747
public record, and the agency that adopted it shall comply with	748
it.	749

(b) Each law enforcement agency that receives in any calendar	750
year any fine moneys under division (F)(1) of this section or	751
division (B) of section 2925.42 of the Revised Code shall prepare	752
a report covering the calendar year that cumulates all of the	753
information contained in all of the public financial records kept	754
by the agency pursuant to division (F)(2)(a) of this section for	755
that calendar year, and shall send a copy of the cumulative	756
report, no later than the first day of March in the calendar year	757
following the calendar year covered by the report, to the attorney	758
general. Each report received by the attorney general is a public	759
record open for inspection under section 149.43 of the Revised	760
Code. Not later than the fifteenth day of April in the calendar	761
year in which the reports are received, the attorney general shall	762
send to the president of the senate and the speaker of the house	763
of representatives a written notification that does all of the	764
following:	765

(i) Indicates that the attorney general has received from law	766
enforcement agencies reports of the type described in this	767
division that cover the previous calendar year and indicates that	768
the reports were received under this division;	769

(ii) Indicates that the reports are open for inspection under	770
section 149.43 of the Revised Code;	771

(iii) Indicates that the attorney general will provide a copy	772
of any or all of the reports to the president of the senate or the	773
speaker of the house of representatives upon request.	774

(3) As used in division (F) of this section:

775

(a) "Law enforcement agencies" includes, but is not limited	776
to, the state board of pharmacy and the office of a prosecutor.	777

(b) "Prosecutor" has the same meaning as in section 2935.01	778
of the Revised Code.	779

(G) When required under division (D)(2) of this section or	780
any other provision of this chapter, the court shall suspend for	781
not less than six months or more than five years the driver's or	782
commercial driver's license or permit of any person who is	783
convicted of or pleads guilty to any violation of this section or	784
any other specified provision of this chapter. If an offender's	785
driver's or commercial driver's license or permit is suspended	786
pursuant to this division, the offender, at any time after the	787
expiration of two years from the day on which the offender's	788
sentence was imposed or from the day on which the offender finally	789
was released from a prison term under the sentence, whichever is	790
later, may file a motion with the sentencing court requesting	791
termination of the suspension; upon the filing of such a motion	792
and the court's finding of good cause for the termination, the	793
court may terminate the suspension.	794

(H)(1) In addition to any prison term authorized or required	795
by division (C) of this section and sections 2929.13 and 2929.14	796
of the Revised Code, in addition to any other penalty or sanction	797
imposed for the offense under this section or sections 2929.11 to	798
2929.18 of the Revised Code, and in addition to the forfeiture of	799
property in connection with the offense as prescribed in Chapter	800
2981. of the Revised Code, the court that sentences an offender	801
who is convicted of or pleads guilty to a violation of division	802
(A) of this section may impose upon the offender an additional	803
fine specified for the offense in division (B)(4) of section	804
2929.18 of the Revised Code. A fine imposed under division (H)(1)	805
of this section is not subject to division (F) of this section and	806
shall be used solely for the support of one or more eligible	807
alcohol and drug addiction programs in accordance with divisions	808
(H)(2) and (3) of this section.	809

(2) The court that imposes a fine under division (H)(1) of	810
this section shall specify in the judgment that imposes the fine	811
one or more eligible alcohol and drug addiction programs for the	812
support of which the fine money is to be used. No alcohol and drug	813
addiction program shall receive or use money paid or collected in	814
satisfaction of a fine imposed under division (H)(1) of this	815
section unless the program is specified in the judgment that	816
imposes the fine. No alcohol and drug addiction program shall be	817
specified in the judgment unless the program is an eligible	818
alcohol and drug addiction program and, except as otherwise	819
provided in division (H)(2) of this section, unless the program is	820
located in the county in which the court that imposes the fine is	821
located or in a county that is immediately contiguous to the	822
county in which that court is located. If no eligible alcohol and	823
drug addiction program is located in any of those counties, the	824
judgment may specify an eligible alcohol and drug addiction	825
program that is located anywhere within this state.	826

(3) Notwithstanding any contrary provision of section 3719.21	827
of the Revised Code, the clerk of the court shall pay any fine	828
imposed under division (H)(1) of this section to the eligible	829
alcohol and drug addiction program specified pursuant to division	830
(H)(2) of this section in the judgment. The eligible alcohol and	831
drug addiction program that receives the fine moneys shall use the	832
moneys only for the alcohol and drug addiction services identified	833
in the application for certification under section 3793.06 of the	834
Revised Code or in the application for a license under section	835
3793.11 of the Revised Code filed with the department of alcohol	836
and drug addiction services by the alcohol and drug addiction	837
program specified in the judgment.	838

(4) Each alcohol and drug addiction program that receives in	839
a calendar year any fine moneys under division (H)(3) of this	840
section shall file an annual report covering that calendar year	841
with the court of common pleas and the board of county	842
commissioners of the county in which the program is located, with	843
the court of common pleas and the board of county commissioners of	844
each county from which the program received the moneys if that	845
county is different from the county in which the program is	846
located, and with the attorney general. The alcohol and drug	847
addiction program shall file the report no later than the first	848
day of March in the calendar year following the calendar year in	849
which the program received the fine moneys. The report shall	850
include statistics on the number of persons served by the alcohol	851
and drug addiction program, identify the types of alcohol and drug	852
addiction services provided to those persons, and include a	853
specific accounting of the purposes for which the fine moneys	854
received were used. No information contained in the report shall	855
identify, or enable a person to determine the identity of, any	856
person served by the alcohol and drug addiction program. Each	857
report received by a court of common pleas, a board of county	858
commissioners, or the attorney general is a public record open for	859
inspection under section 149.43 of the Revised Code.	860

(5) As used in divisions (H)(1) to (5) of this section:

861

(a) "Alcohol and drug addiction program" and "alcohol and	862
drug addiction services" have the same meanings as in section	863
3793.01 of the Revised Code.	864

(b) "Eligible alcohol and drug addiction program" means an	865
alcohol and drug addiction program that is certified under section	866
3793.06 of the Revised Code or licensed under section 3793.11 of	867
the Revised Code by the department of alcohol and drug addiction	868
services.	869

(I) As used in this section, "drug" includes any substance	870
that is represented to be a drug.	871

Sec. 2925.11.  (A) No person shall knowingly obtain, possess,	872
or use a controlled substance.	873

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

874

(1) Manufacturers, licensed health professionals authorized	875
to prescribe drugs, pharmacists, owners of pharmacies, and other	876
persons whose conduct was in accordance with Chapters 3719.,	877
4715., 4723., 4729., 4730., 4731., and 4741. of the Revised Code;	878

(2) If the offense involves an anabolic steroid, any person	879
who is conducting or participating in a research project involving	880
the use of an anabolic steroid if the project has been approved by	881
the United States food and drug administration;	882

(3) Any person who sells, offers for sale, prescribes,	883
dispenses, or administers for livestock or other nonhuman species	884
an anabolic steroid that is expressly intended for administration	885
through implants to livestock or other nonhuman species and	886
approved for that purpose under the "Federal Food, Drug, and	887
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	888
and is sold, offered for sale, prescribed, dispensed, or	889
administered for that purpose in accordance with that act;	890

(4) Any person who obtained the controlled substance pursuant	891
to a lawful prescription issued by a licensed health professional	892
authorized to prescribe drugs.	893

(C) Whoever violates division (A) of this section is guilty	894
of one of the following:	895

(1) If the drug involved in the violation is a compound,	896
mixture, preparation, or substance included in schedule I or II,	897
with the exception of marihuana, 1-Pentyl-3-(1-naphthoyl)indole,	898
1-Butyl-3-(1-naphthoyl)indole,	899
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	900
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	901
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	902
cocaine, L.S.D., heroin, and hashish, whoever violates division	903
(A) of this section is guilty of aggravated possession of drugs.	904
The penalty for the offense shall be determined as follows:	905

(a) Except as otherwise provided in division (C)(1)(b), (c),	906
(d), or (e) of this section, aggravated possession of drugs is a	907
felony of the fifth degree, and division (B) of section 2929.13 of	908
the Revised Code applies in determining whether to impose a prison	909
term on the offender.	910

(b) If the amount of the drug involved equals or exceeds the	911
bulk amount but is less than five times the bulk amount,	912
aggravated possession of drugs is a felony of the third degree,	913
and there is a presumption for a prison term for the offense.	914

(c) If the amount of the drug involved equals or exceeds five	915
times the bulk amount but is less than fifty times the bulk	916
amount, aggravated possession of drugs is a felony of the second	917
degree, and the court shall impose as a mandatory prison term one	918
of the prison terms prescribed for a felony of the second degree.	919

(d) If the amount of the drug involved equals or exceeds	920
fifty times the bulk amount but is less than one hundred times the	921
bulk amount, aggravated possession of drugs is a felony of the	922
first degree, and the court shall impose as a mandatory prison	923
term one of the prison terms prescribed for a felony of the first	924
degree.	925

(e) If the amount of the drug involved equals or exceeds one	926
hundred times the bulk amount, aggravated possession of drugs is a	927
felony of the first degree, the offender is a major drug offender,	928
and the court shall impose as a mandatory prison term the maximum	929
prison term prescribed for a felony of the first degree and may	930
impose an additional mandatory prison term prescribed for a major	931
drug offender under division (D)(3)(b) of section 2929.14 of the	932
Revised Code.	933

(2) If the drug involved in the violation is a compound,	934
mixture, preparation, or substance included in schedule III, IV,	935
or V, whoever violates division (A) of this section is guilty of	936
possession of drugs. The penalty for the offense shall be	937
determined as follows:	938

(a) Except as otherwise provided in division (C)(2)(b), (c),	939
or (d) of this section, possession of drugs is a misdemeanor of	940
the first degree or, if the offender previously has been convicted	941
of a drug abuse offense, a felony of the fifth degree.	942

(b) If the amount of the drug involved equals or exceeds the	943
bulk amount but is less than five times the bulk amount,	944
possession of drugs is a felony of the fourth degree, and division	945
(C) of section 2929.13 of the Revised Code applies in determining	946
whether to impose a prison term on the offender.	947

(c) If the amount of the drug involved equals or exceeds five	948
times the bulk amount but is less than fifty times the bulk	949
amount, possession of drugs is a felony of the third degree, and	950
there is a presumption for a prison term for the offense.	951

(d) If the amount of the drug involved equals or exceeds	952
fifty times the bulk amount, possession of drugs is a felony of	953
the second degree, and the court shall impose upon the offender as	954
a mandatory prison term one of the prison terms prescribed for a	955
felony of the second degree.	956

(3) If the drug involved in the violation is marihuana or a	957
compound, mixture, preparation, or substance containing marihuana	958
other than hashish, whoever violates division (A) of this section	959
is guilty of possession of marihuana. The penalty for the offense	960
shall be determined as follows:	961

(a) Except as otherwise provided in division (C)(3)(b), (c),	962
(d), (e), or (f) of this section, possession of marihuana is a	963
minor misdemeanor.	964

(b) If the amount of the drug involved equals or exceeds one	965
hundred grams but is less than two hundred grams, possession of	966
marihuana is a misdemeanor of the fourth degree.	967

(c) If the amount of the drug involved equals or exceeds two	968
hundred grams but is less than one thousand grams, possession of	969
marihuana is a felony of the fifth degree, and division (B) of	970
section 2929.13 of the Revised Code applies in determining whether	971
to impose a prison term on the offender.	972

(d) If the amount of the drug involved equals or exceeds one	973
thousand grams but is less than five thousand grams, possession of	974
marihuana is a felony of the third degree, and division (C) of	975
section 2929.13 of the Revised Code applies in determining whether	976
to impose a prison term on the offender.	977

(e) If the amount of the drug involved equals or exceeds five	978
thousand grams but is less than twenty thousand grams, possession	979
of marihuana is a felony of the third degree, and there is a	980
presumption that a prison term shall be imposed for the offense.	981

(f) If the amount of the drug involved equals or exceeds	982
twenty thousand grams, possession of marihuana is a felony of the	983
second degree, and the court shall impose as a mandatory prison	984
term the maximum prison term prescribed for a felony of the second	985
degree.	986

(4) If the drug involved in the violation is cocaine or a	987
compound, mixture, preparation, or substance containing cocaine,	988
whoever violates division (A) of this section is guilty of	989
possession of cocaine. The penalty for the offense shall be	990
determined as follows:	991

(a) Except as otherwise provided in division (C)(4)(b), (c),	992
(d), (e), or (f) of this section, possession of cocaine is a	993
felony of the fifth degree, and division (B) of section 2929.13 of	994
the Revised Code applies in determining whether to impose a prison	995
term on the offender.	996

(b) If the amount of the drug involved equals or exceeds five	997
grams but is less than twenty-five grams of cocaine that is not	998
crack cocaine or equals or exceeds one gram but is less than five	999
grams of crack cocaine, possession of cocaine is a felony of the	1000
fourth degree, and there is a presumption for a prison term for	1001
the offense.	1002

(c) If the amount of the drug involved equals or exceeds	1003
twenty-five grams but is less than one hundred grams of cocaine	1004
that is not crack cocaine or equals or exceeds five grams but is	1005
less than ten grams of crack cocaine, possession of cocaine is a	1006
felony of the third degree, and the court shall impose as a	1007
mandatory prison term one of the prison terms prescribed for a	1008
felony of the third degree.	1009

(d) If the amount of the drug involved equals or exceeds one	1010
hundred grams but is less than five hundred grams of cocaine that	1011
is not crack cocaine or equals or exceeds ten grams but is less	1012
than twenty-five grams of crack cocaine, possession of cocaine is	1013
a felony of the second degree, and the court shall impose as a	1014
mandatory prison term one of the prison terms prescribed for a	1015
felony of the second degree.	1016

(e) If the amount of the drug involved equals or exceeds five	1017
hundred grams but is less than one thousand grams of cocaine that	1018
is not crack cocaine or equals or exceeds twenty-five grams but is	1019
less than one hundred grams of crack cocaine, possession of	1020
cocaine is a felony of the first degree, and the court shall	1021
impose as a mandatory prison term one of the prison terms	1022
prescribed for a felony of the first degree.	1023

(f) If the amount of the drug involved equals or exceeds one	1024
thousand grams of cocaine that is not crack cocaine or equals or	1025
exceeds one hundred grams of crack cocaine, possession of cocaine	1026
is a felony of the first degree, the offender is a major drug	1027
offender, and the court shall impose as a mandatory prison term	1028
the maximum prison term prescribed for a felony of the first	1029
degree and may impose an additional mandatory prison term	1030
prescribed for a major drug offender under division (D)(3)(b) of	1031
section 2929.14 of the Revised Code.	1032

(5) If the drug involved in the violation is L.S.D., whoever	1033
violates division (A) of this section is guilty of possession of	1034
L.S.D. The penalty for the offense shall be determined as follows:	1035

(a) Except as otherwise provided in division (C)(5)(b), (c),	1036
(d), (e), or (f) of this section, possession of L.S.D. is a felony	1037
of the fifth degree, and division (B) of section 2929.13 of the	1038
Revised Code applies in determining whether to impose a prison	1039
term on the offender.	1040

(b) If the amount of L.S.D. involved equals or exceeds ten	1041
unit doses but is less than fifty unit doses of L.S.D. in a solid	1042
form or equals or exceeds one gram but is less than five grams of	1043
L.S.D. in a liquid concentrate, liquid extract, or liquid	1044
distillate form, possession of L.S.D. is a felony of the fourth	1045
degree, and division (C) of section 2929.13 of the Revised Code	1046
applies in determining whether to impose a prison term on the	1047
offender.	1048

(c) If the amount of L.S.D. involved equals or exceeds fifty	1049
unit doses, but is less than two hundred fifty unit doses of	1050
L.S.D. in a solid form or equals or exceeds five grams but is less	1051
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	1052
extract, or liquid distillate form, possession of L.S.D. is a	1053
felony of the third degree, and there is a presumption for a	1054
prison term for the offense.	1055

(d) If the amount of L.S.D. involved equals or exceeds two	1056
hundred fifty unit doses but is less than one thousand unit doses	1057
of L.S.D. in a solid form or equals or exceeds twenty-five grams	1058
but is less than one hundred grams of L.S.D. in a liquid	1059
concentrate, liquid extract, or liquid distillate form, possession	1060
of L.S.D. is a felony of the second degree, and the court shall	1061
impose as a mandatory prison term one of the prison terms	1062
prescribed for a felony of the second degree.	1063

(e) If the amount of L.S.D. involved equals or exceeds one	1064
thousand unit doses but is less than five thousand unit doses of	1065
L.S.D. in a solid form or equals or exceeds one hundred grams but	1066
is less than five hundred grams of L.S.D. in a liquid concentrate,	1067
liquid extract, or liquid distillate form, possession of L.S.D. is	1068
a felony of the first degree, and the court shall impose as a	1069
mandatory prison term one of the prison terms prescribed for a	1070
felony of the first degree.	1071

(f) If the amount of L.S.D. involved equals or exceeds five	1072
thousand unit doses of L.S.D. in a solid form or equals or exceeds	1073
five hundred grams of L.S.D. in a liquid concentrate, liquid	1074
extract, or liquid distillate form, possession of L.S.D. is a	1075
felony of the first degree, the offender is a major drug offender,	1076
and the court shall impose as a mandatory prison term the maximum	1077
prison term prescribed for a felony of the first degree and may	1078
impose an additional mandatory prison term prescribed for a major	1079
drug offender under division (D)(3)(b) of section 2929.14 of the	1080
Revised Code.	1081

(6) If the drug involved in the violation is heroin or a	1082
compound, mixture, preparation, or substance containing heroin,	1083
whoever violates division (A) of this section is guilty of	1084
possession of heroin. The penalty for the offense shall be	1085
determined as follows:	1086

(a) Except as otherwise provided in division (C)(6)(b), (c),	1087
(d), (e), or (f) of this section, possession of heroin is a felony	1088
of the fifth degree, and division (B) of section 2929.13 of the	1089
Revised Code applies in determining whether to impose a prison	1090
term on the offender.	1091

(b) If the amount of the drug involved equals or exceeds ten	1092
unit doses but is less than fifty unit doses or equals or exceeds	1093
one gram but is less than five grams, possession of heroin is a	1094
felony of the fourth degree, and division (C) of section 2929.13	1095
of the Revised Code applies in determining whether to impose a	1096
prison term on the offender.	1097

(c) If the amount of the drug involved equals or exceeds	1098
fifty unit doses but is less than one hundred unit doses or equals	1099
or exceeds five grams but is less than ten grams, possession of	1100
heroin is a felony of the third degree, and there is a presumption	1101
for a prison term for the offense.	1102

(d) If the amount of the drug involved equals or exceeds one	1103
hundred unit doses but is less than five hundred unit doses or	1104
equals or exceeds ten grams but is less than fifty grams,	1105
possession of heroin is a felony of the second degree, and the	1106
court shall impose as a mandatory prison term one of the prison	1107
terms prescribed for a felony of the second degree.	1108

(e) If the amount of the drug involved equals or exceeds five	1109
hundred unit doses but is less than two thousand five hundred unit	1110
doses or equals or exceeds fifty grams but is less than two	1111
hundred fifty grams, possession of heroin is a felony of the first	1112
degree, and the court shall impose as a mandatory prison term one	1113
of the prison terms prescribed for a felony of the first degree.	1114

(f) If the amount of the drug involved equals or exceeds two	1115
thousand five hundred unit doses or equals or exceeds two hundred	1116
fifty grams, possession of heroin is a felony of the first degree,	1117
the offender is a major drug offender, and the court shall impose	1118
as a mandatory prison term the maximum prison term prescribed for	1119
a felony of the first degree and may impose an additional	1120
mandatory prison term prescribed for a major drug offender under	1121
division (D)(3)(b) of section 2929.14 of the Revised Code.	1122

(7) If the drug involved in the violation is hashish or a	1123
compound, mixture, preparation, or substance containing hashish,	1124
whoever violates division (A) of this section is guilty of	1125
possession of hashish. The penalty for the offense shall be	1126
determined as follows:	1127

(a) Except as otherwise provided in division (C)(7)(b), (c),	1128
(d), (e), or (f) of this section, possession of hashish is a minor	1129
misdemeanor.	1130

(b) If the amount of the drug involved equals or exceeds five	1131
grams but is less than ten grams of hashish in a solid form or	1132
equals or exceeds one gram but is less than two grams of hashish	1133
in a liquid concentrate, liquid extract, or liquid distillate	1134
form, possession of hashish is a misdemeanor of the fourth degree.	1135

(c) If the amount of the drug involved equals or exceeds ten	1136
grams but is less than fifty grams of hashish in a solid form or	1137
equals or exceeds two grams but is less than ten grams of hashish	1138
in a liquid concentrate, liquid extract, or liquid distillate	1139
form, possession of hashish is a felony of the fifth degree, and	1140
division (B) of section 2929.13 of the Revised Code applies in	1141
determining whether to impose a prison term on the offender.	1142

(d) If the amount of the drug involved equals or exceeds	1143
fifty grams but is less than two hundred fifty grams of hashish in	1144
a solid form or equals or exceeds ten grams but is less than fifty	1145
grams of hashish in a liquid concentrate, liquid extract, or	1146
liquid distillate form, possession of hashish is a felony of the	1147
third degree, and division (C) of section 2929.13 of the Revised	1148
Code applies in determining whether to impose a prison term on the	1149
offender.	1150

(e) If the amount of the drug involved equals or exceeds two	1151
hundred fifty grams but is less than one thousand grams of hashish	1152
in a solid form or equals or exceeds fifty grams but is less than	1153
two hundred grams of hashish in a liquid concentrate, liquid	1154
extract, or liquid distillate form, possession of hashish is a	1155
felony of the third degree, and there is a presumption that a	1156
prison term shall be imposed for the offense.	1157

(f) If the amount of the drug involved equals or exceeds one	1158
thousand grams of hashish in a solid form or equals or exceeds two	1159
hundred grams of hashish in a liquid concentrate, liquid extract,	1160
or liquid distillate form, possession of hashish is a felony of	1161
the second degree, and the court shall impose as a mandatory	1162
prison term the maximum prison term prescribed for a felony of the	1163
second degree.	1164

(8) If the drug involved is 1-Pentyl-3-(1-naphthoyl)indole,	1165
1-Butyl-3-(1-naphthoyl)indole,	1166
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1167
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1168
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol or a	1169
compound, mixture, preparation, or substance containing	1170
1-Pentyl-3-(1-naphthoyl)indole, 1-Butyl-3-(1-naphthoyl)indole,	1171
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole,	1172
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol, or	1173
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol,	1174
whoever violates division (A) of this section is guilty of	1175
possession of spice, a minor misdemeanor.	1176

(D) Arrest or conviction for a minor misdemeanor violation of	1177
this section does not constitute a criminal record and need not be	1178
reported by the person so arrested or convicted in response to any	1179
inquiries about the person's criminal record, including any	1180
inquiries contained in any application for employment, license, or	1181
other right or privilege, or made in connection with the person's	1182
appearance as a witness.	1183

(E) In addition to any prison term or jail term authorized or	1184
required by division (C) of this section and sections 2929.13,	1185
2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code and in	1186
addition to any other sanction that is imposed for the offense	1187
under this section, sections 2929.11 to 2929.18, or sections	1188
2929.21 to 2929.28 of the Revised Code, the court that sentences	1189
an offender who is convicted of or pleads guilty to a violation of	1190
division (A) of this section shall do all of the following that	1191
are applicable regarding the offender:	1192

(1)(a) If the violation is a felony of the first, second, or	1193
third degree, the court shall impose upon the offender the	1194
mandatory fine specified for the offense under division (B)(1) of	1195
section 2929.18 of the Revised Code unless, as specified in that	1196
division, the court determines that the offender is indigent.	1197

(b) Notwithstanding any contrary provision of section 3719.21	1198
of the Revised Code, the clerk of the court shall pay a mandatory	1199
fine or other fine imposed for a violation of this section	1200
pursuant to division (A) of section 2929.18 of the Revised Code in	1201
accordance with and subject to the requirements of division (F) of	1202
section 2925.03 of the Revised Code. The agency that receives the	1203
fine shall use the fine as specified in division (F) of section	1204
2925.03 of the Revised Code.	1205

(c) If a person is charged with a violation of this section	1206
that is a felony of the first, second, or third degree, posts	1207
bail, and forfeits the bail, the clerk shall pay the forfeited	1208
bail pursuant to division (E)(1)(b) of this section as if it were	1209
a mandatory fine imposed under division (E)(1)(a) of this section.	1210

(2) The court shall suspend for not less than six months or	1211
more than five years the offender's driver's or commercial	1212
driver's license or permit.	1213

(3) If the offender is a professionally licensed person, in	1214
addition to any other sanction imposed for a violation of this	1215
section, the court immediately shall comply with section 2925.38	1216
of the Revised Code.	1217

(F) It is an affirmative defense, as provided in section	1218
2901.05 of the Revised Code, to a charge of a fourth degree felony	1219
violation under this section that the controlled substance that	1220
gave rise to the charge is in an amount, is in a form, is	1221
prepared, compounded, or mixed with substances that are not	1222
controlled substances in a manner, or is possessed under any other	1223
circumstances, that indicate that the substance was possessed	1224
solely for personal use. Notwithstanding any contrary provision of	1225
this section, if, in accordance with section 2901.05 of the	1226
Revised Code, an accused who is charged with a fourth degree	1227
felony violation of division (C)(2), (4), (5), or (6) of this	1228
section sustains the burden of going forward with evidence of and	1229
establishes by a preponderance of the evidence the affirmative	1230
defense described in this division, the accused may be prosecuted	1231
for and may plead guilty to or be convicted of a misdemeanor	1232
violation of division (C)(2) of this section or a fifth degree	1233
felony violation of division (C)(4), (5), or (6) of this section	1234
respectively.	1235

(G) When a person is charged with possessing a bulk amount or	1236
multiple of a bulk amount, division (E) of section 2925.03 of the	1237
Revised Code applies regarding the determination of the amount of	1238
the controlled substance involved at the time of the offense.	1239

Sec. 3719.41.  Controlled substance schedules I, II, III, IV,	1240
and V are hereby established, which schedules include the	1241
following, subject to amendment pursuant to section 3719.43 or	1242
3719.44 of the Revised Code.	1243

SCHEDULE I	1244

(A) Narcotics-opiates

1245

Any of the following opiates, including their isomers,	1246
esters, ethers, salts, and salts of isomers, esters, and ethers,	1247
unless specifically excepted under federal drug abuse control	1248
laws, whenever the existence of these isomers, esters, ethers, and	1249
salts is possible within the specific chemical designation:	1250

(1) Acetyl-alpha-methylfentanyl	1251
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);	1252

(2) Acetylmethadol;

1253

(3) Allylprodine;

1254

(4) Alphacetylmethadol (except levo-alphacetylmethadol, also	1255
known as levo-alpha-acetylmethadol, levomethadyl acetate, or	1256
LAAM);	1257

(5) Alphameprodine;

1258

(6) Alphamethadol;

1259

(7) Alpha-methylfentanyl	1260
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;	1261
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);	1262

(8) Alpha-methylthiofentanyl	1263
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-	1264
phenylpropanamide);	1265

(9) Benzethidine;

1266

(10) Betacetylmethadol;

1267

(11) Beta-hydroxyfentanyl	1268
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);	1269

(12) Beta-hydroxy-3-methylfentanyl (other name:	1270
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-	1271
phenylpropanamide);	1272

(13) Betameprodine;

1273

(14) Betamethadol;

1274

(15) Betaprodine;

1275

(16) Clonitazene;

1276

(17) Dextromoramide;

1277

(18) Diampromide;

1278

(19) Diethylthiambutene;

1279

(20) Difenoxin;

1280

(21) Dimenoxadol;

1281

(22) Dimepheptanol;

1282

(23) Dimethylthiambutene;

1283

(24) Dioxaphetyl butyrate;

1284

(25) Dipipanone;

1285

(26) Ethylmethylthiambutene;

1286

(27) Etonitazene;

1287

(28) Etoxeridine;

1288

(29) Furethidine;

1289

(30) Hydroxypethidine;

1290

(31) Ketobemidone;

1291

(32) Levomoramide;

1292

(33) Levophenacylmorphan;

1293

(34) 3-methylfentanyl	1294
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);	1295

(35) 3-methylthiofentanyl	1296
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-	1297
phenylpropanamide);	1298

(36) Morpheridine;

1299

(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);

1300

(38) Noracymethadol;

1301

(39) Norlevorphanol;

1302

(40) Normethadone;

1303

(41) Norpipanone;

1304

(42) Para-fluorofentanyl	1305
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;	1306

(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;

1307

(44) Phenadoxone;

1308

(45) Phenampromide;

1309

(46) Phenomorphan;

1310

(47) Phenoperidine;

1311

(48) Piritramide;

1312

(49) Proheptazine;

1313

(50) Properidine;

1314

(51) Propiram;

1315

(52) Racemoramide;

1316

(53) Thiofentanyl	1317
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;	1318

(54) Tilidine;

1319

(55) Trimeperidine.

1320

(B) Narcotics-opium derivatives

1321

Any of the following opium derivatives, including their	1322
salts, isomers, and salts of isomers, unless specifically excepted	1323
under federal drug abuse control laws, whenever the existence of	1324
these salts, isomers, and salts of isomers is possible within the	1325
specific chemical designation:	1326

(1) Acetorphine;

1327

(2) Acetyldihydrocodeine;

1328

(3) Benzylmorphine;

1329

(4) Codeine methylbromide;

1330

(5) Codeine-n-oxide;

1331

(6) Cyprenorphine;

1332

(7) Desomorphine;

1333

(8) Dihydromorphine;

1334

(9) Drotebanol;

1335

(10) Etorphine (except hydrochloride salt);

1336

(11) Heroin;

1337

(12) Hydromorphinol;

1338

(13) Methyldesorphine;

1339

(14) Methyldihydromorphine;

1340

(15) Morphine methylbromide;

1341

(16) Morphine methylsulfonate;

1342

(17) Morphine-n-oxide;

1343

(18) Myrophine;

1344

(19) Nicocodeine;

1345

(20) Nicomorphine;

1346

(21) Normorphine;

1347

(22) Pholcodine;

1348

(23) Thebacon.

1349

(C) Hallucinogens

1350

Any material, compound, mixture, or preparation that contains	1351
any quantity of the following hallucinogenic substances, including	1352
their salts, isomers, and salts of isomers, unless specifically	1353
excepted under federal drug abuse control laws, whenever the	1354
existence of these salts, isomers, and salts of isomers is	1355
possible within the specific chemical designation. For the	1356
purposes of this division only, "isomer" includes the optical	1357
isomers, position isomers, and geometric isomers.	1358

(1) Alpha-ethyltryptamine (some trade or other names:	1359
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;	1360
3-(2-aminobutyl) indole; alpha-ET; and AET);	1361

(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other	1362
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;	1363
4-bromo-2,5-DMA);	1364

(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other	1365
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;	1366
alpha-desmethyl DOB; 2C-B, Nexus);	1367

(4) 2,5-dimethoxyamphetamine (some trade or other names:	1368
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);	1369

(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other	1370
names: DOET);	1371

(6) 4-methoxyamphetamine (some trade or other names:	1372
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;	1373
PMA);	1374

(7) 5-methoxy-3,4-methylenedioxy-amphetamine;

1375

(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other	1376
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"	1377
and "STP");	1378

(9) 3,4-methylenedioxy amphetamine;

1379

(10) 3,4-methylenedioxymethamphetamine (MDMA);

1380

(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as	1381
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl	1382
MDA, MDE, MDEA);	1383

(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as	1384
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and	1385
N-hydroxy MDA);	1386

(13) 3,4,5-trimethoxy amphetamine;

1387

(14) Bufotenine (some trade or other names:	1388
3-(beta-dimethylaminoethyl)-5-hydroxyindole;	1389
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;	1390
5-hydroxy-N, N-dimethyltryptamine; mappine);	1391

(15) Diethyltryptamine (some trade or other names: N,	1392
N-diethyltryptamine; DET);	1393

(16) Dimethyltryptamine (some trade or other names: DMT);

1394

(17) Ibogaine (some trade or other names:	1395
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-	1396
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);	1397

(18) Lysergic acid diethylamide;

1398

(19) Marihuana;

1399

(20) Mescaline;

1400

(21) Parahexyl (some trade or other names: 3-hexyl-1-	1401
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;	1402
synhexyl);	1403

(22) Peyote (meaning all parts of the plant presently	1404
classified botanically as "Lophophora williamsii Lemaire," whether	1405
growing or not, the seeds of that plant, any extract from any part	1406
of that plant, and every compound, manufacture, salts, derivative,	1407
mixture, or preparation of that plant, its seeds, or its	1408
extracts);	1409

(23) N-ethyl-3-piperidyl benzilate;

1410

(24) N-methyl-3-piperidyl benzilate;

1411

(25) Psilocybin;

1412

(26) Psilocyn;

1413

(27) Tetrahydrocannabinols (synthetic equivalents of the	1414
substances contained in the plant, or in the resinous extractives	1415
of Cannabis, sp. and/or synthetic substances, derivatives, and	1416
their isomers with similar chemical structure and pharmacological	1417
activity such as the following: delta-1-cis or trans	1418
tetrahydrocannabinol, and their optical isomers; delta-6-cis or	1419
trans tetrahydrocannabinol, and their optical isomers;	1420
delta-3,4-cis or trans tetrahydrocannabinol, and its optical	1421
isomers. (Since nomenclature of these substances is not	1422
internationally standardized, compounds of these structures,	1423
regardless of numerical designation of atomic positions, are	1424
covered.));	1425

(28) Ethylamine analog of phencyclidine (some trade or other	1426
names: N-ethyl-1-phenylcyclohexylamine;	1427
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;	1428
cyclohexamine; PCE);	1429

(29) Pyrrolidine analog of phencyclidine (some trade or other	1430
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);	1431

(30) Thiophene analog of phencyclidine (some trade or other	1432
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog	1433
of phencyclidine; TPCP; TCP);	1434

(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

1435

(32) Hashish;

1436

(33) Salvia divinorum;

1437

(34) Salvinorin A;

1438

(35) 1-Pentyl-3-(1-naphthoyl)indole (some trade or other	1439
names: JWH-018);	1440

(36) 1-Butyl-3-(1-naphthoyl)indole (some trade or other	1441
names: JWH-073);	1442

(37) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (some	1443
trade or other names: JWH-200);	1444

(38)	1445
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol	1446
(some trade or other names: CP-47,497);	1447

(39)	1448
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some	1449
trade or other names: cannabicyclohexanol; CP-47,497 C8	1450
homologue).	1451

(D) Depressants

1452

Any material, compound, mixture, or preparation that contains	1453
any quantity of the following substances having a depressant	1454
effect on the central nervous system, including their salts,	1455
isomers, and salts of isomers, unless specifically excepted under	1456
federal drug abuse control laws, whenever the existence of these	1457
salts, isomers, and salts of isomers is possible within the	1458
specific chemical designation:	1459

(1) Mecloqualone;

1460

(2) Methaqualone.

1461

(E) Stimulants

1462

Unless specifically excepted or unless listed in another	1463
schedule, any material, compound, mixture, or preparation that	1464
contains any quantity of the following substances having a	1465
stimulant effect on the central nervous system, including their	1466
salts, isomers, and salts of isomers:	1467

(1) Aminorex (some other names: aminoxaphen;	1468
2-amino-5-phenyl-2-oxazoline; or	1469
4,5-dihydro-5-phenyl-2-oxazolamine);	1470

(2) Cathinone (some trade or other names:	1471
2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone,	1472
2-aminopropiophenone, and norephedrone);	1473

(3) Fenethylline;

1474

(4) Methcathinone (some other names:	1475
2-(methylamino)-propiophenone; alpha-(methylamino)propiophenone;	1476
2-methylamino)-1-phenylpropan-1-one;	1477
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;	1478
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and	1479
UR1432, its salts, optical isomers, and salts of optical isomers;	1480

(5) (+/-)cis-4-methylaminorex	1481
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);	1482

(6) N-ethylamphetamine;

1483

(7) N,N-dimethylamphetamine (also known as	1484
N,N-alpha-trimethyl-benzeneethanamine;	1485
N,N-alpha-trimethylphenethylamine).	1486

SCHEDULE II	1487

(A) Narcotics-opium and opium derivatives

1488

Unless specifically excepted under federal drug abuse control	1489
laws or unless listed in another schedule, any of the following	1490
substances whether produced directly or indirectly by extraction	1491
from substances of vegetable origin, independently by means of	1492
chemical synthesis, or by a combination of extraction and chemical	1493
synthesis:	1494

(1) Opium and opiate, and any salt, compound, derivative, or	1495
preparation of opium or opiate, excluding apomorphine,	1496
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,	1497
naloxone, and naltrexone, and their respective salts, but	1498
including the following:	1499

(a) Raw opium;

1500

(b) Opium extracts;

1501

(c) Opium fluid extracts;

1502

(d) Powdered opium;

1503

(e) Granulated opium;

1504

(f) Tincture of opium;

1505

(g) Codeine;

1506

(h) Ethylmorphine;

1507

(i) Etorphine hydrochloride;

1508

(j) Hydrocodone;

1509

(k) Hydromorphone;

1510

(l) Metopon;

1511

(m) Morphine;

1512

(n) Oxycodone;

1513

(o) Oxymorphone;

1514

(p) Thebaine.

1515

(2) Any salt, compound, derivative, or preparation thereof	1516
that is chemically equivalent to or identical with any of the	1517
substances referred to in division (A)(1) of this schedule, except	1518
that these substances shall not include the isoquinoline alkaloids	1519
of opium;	1520

(3) Opium poppy and poppy straw;

1521

(4) Coca leaves and any salt, compound, derivative, or	1522
preparation of coca leaves (including cocaine and ecgonine, their	1523
salts, isomers, and derivatives, and salts of those isomers and	1524
derivatives), and any salt, compound, derivative, or preparation	1525
thereof that is chemically equivalent to or identical with any of	1526
these substances, except that the substances shall not include	1527
decocainized coca leaves or extraction of coca leaves, which	1528
extractions do not contain cocaine or ecgonine;	1529

(5) Concentrate of poppy straw (the crude extract of poppy	1530
straw in either liquid, solid, or powder form that contains the	1531
phenanthrene alkaloids of the opium poppy).	1532

(B) Narcotics-opiates

1533

Unless specifically excepted under federal drug abuse control	1534
laws or unless listed in another schedule, any of the following	1535
opiates, including their isomers, esters, ethers, salts, and salts	1536
of isomers, esters, and ethers, whenever the existence of these	1537
isomers, esters, ethers, and salts is possible within the specific	1538
chemical designation, but excluding dextrorphan and	1539
levopropoxyphene:	1540

(1) Alfentanil;

1541

(2) Alphaprodine;

1542

(3) Anileridine;

1543

(4) Bezitramide;

1544

(5) Bulk dextropropoxyphene (non-dosage forms);

1545

(6) Carfentanil;

1546

(7) Dihydrocodeine;

1547

(8) Diphenoxylate;

1548

(9) Fentanyl;

1549

(10) Isomethadone;

1550

(11) Levo-alphacetylmethadol (some other names:	1551
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);	1552

(12) Levomethorphan;

1553

(13) Levorphanol;

1554

(14) Metazocine;

1555

(15) Methadone;

1556

(16) Methadone-intermediate,	1557
4-cyano-2-dimethylamino-4,4-diphenyl butane;	1558

(17) Moramide-intermediate,	1559
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;	1560

(18) Pethidine (meperidine);

1561

(19) Pethidine-intermediate-A,	1562
4-cyano-1-methyl-4-phenylpiperidine;	1563

(20) Pethidine-intermediate-B,	1564
ethyl-4-phenylpiperidine-4-carboxylate;	1565

(21) Pethidine-intermediate-C,	1566
1-methyl-4-phenylpiperidine-4-carboxylic acid;	1567

(22) Phenazocine;

1568

(23) Piminodine;

1569

(24) Racemethorphan;

1570

(25) Racemorphan;

1571

(26) Remifentanil;

1572

(27) Sufentanil.

1573

(C) Stimulants

1574

Unless specifically excepted under federal drug abuse control	1575
laws or unless listed in another schedule, any material, compound,	1576
mixture, or preparation that contains any quantity of the	1577
following substances having a stimulant effect on the central	1578
nervous system:	1579

(1) Amphetamine, its salts, its optical isomers, and salts of	1580
its optical isomers;	1581

(2) Methamphetamine, its salts, its isomers, and salts of its	1582
isomers;	1583

(3) Methylphenidate;

1584

(4) Phenmetrazine and its salts.

1585

(D) Depressants

1586

Unless specifically excepted under federal drug abuse control	1587
laws or unless listed in another schedule, any material, compound,	1588
mixture, or preparation that contains any quantity of the	1589
following substances having a depressant effect on the central	1590
nervous system, including their salts, isomers, and salts of	1591
isomers, whenever the existence of these salts, isomers, and salts	1592
of isomers is possible within the specific chemical designation:	1593

(1) Amobarbital;

1594

(2) Gamma-hydroxy-butyrate;

1595

(3) Glutethimide;

1596

(4) Pentobarbital;

1597

(5) Phencyclidine (some trade or other names:	1598
1-(1-phenylcyclohexyl)piperidine; PCP);	1599

(6) Secobarbital;

1600

(7) 1-aminophenylcyclohexane and all N-mono-substituted	1601
and/or all N-N-disubstituted analogs including, but not limited	1602
to, the following:	1603

(a) 1-phenylcyclohexylamine;

1604

(b) (1-phenylcyclohexyl) methylamine;

1605

(c) (1-phenylcyclohexyl) dimethylamine;

1606

(d) (1-phenylcyclohexyl) methylethylamine;

1607

(e) (1-phenylcyclohexyl) isopropylamine;

1608

(f) 1-(1-phenylcyclohexyl) morpholine.

1609

(E) Hallucinogenic substances

1610

(1) Nabilone (another name for nabilone:	1611
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-	1612
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).	1613

(F) Immediate precursors

1614

Unless specifically excepted under federal drug abuse control	1615
laws or unless listed in another schedule, any material, compound,	1616
mixture, or preparation that contains any quantity of the	1617
following substances:	1618

(1) Immediate precursor to amphetamine and methamphetamine:

1619

(a) Phenylacetone (some trade or other names:	1620
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl	1621
ketone);	1622

(2) Immediate precursors to phencyclidine (PCP):

1623

(a) 1-phenylcyclohexylamine;

1624

(b) 1-piperidinocyclohexanecarbonitrile (PCC).

1625

SCHEDULE III	1626

(A) Stimulants

1627

Unless specifically excepted under federal drug abuse control	1628
laws or unless listed in another schedule, any material, compound,	1629
mixture, or preparation that contains any quantity of the	1630
following substances having a stimulant effect on the central	1631
nervous system, including their salts, their optical isomers,	1632
position isomers, or geometric isomers, and salts of these	1633
isomers, whenever the existence of these salts, isomers, and salts	1634
of isomers is possible within the specific chemical designation:	1635

(1) All stimulant compounds, mixtures, and preparations	1636
included in schedule III pursuant to the federal drug abuse	1637
control laws and regulations adopted under those laws;	1638

(2) Benzphetamine;

1639

(3) Chlorphentermine;

1640

(4) Clortermine;

1641

(5) Phendimetrazine.

1642

(B) Depressants

1643

Unless specifically excepted under federal drug abuse control	1644
laws or unless listed in another schedule, any material, compound,	1645
mixture, or preparation that contains any quantity of the	1646
following substances having a depressant effect on the central	1647
nervous system:	1648

(1) Any compound, mixture, or preparation containing	1649
amobarbital, secobarbital, pentobarbital, or any salt of any of	1650
these drugs, and one or more other active medicinal ingredients	1651
that are not listed in any schedule;	1652

(2) Any suppository dosage form containing amobarbital,	1653
secobarbital, pentobarbital, or any salt of any of these drugs and	1654
approved by the food and drug administration for marketing only as	1655
a suppository;	1656

(3) Any substance that contains any quantity of a derivative	1657
of barbituric acid or any salt of a derivative of barbituric acid;	1658

(4) Chlorhexadol;

1659

(5) Ketamine, its salts, isomers, and salts of isomers (some	1660
other names for ketamine:	1661
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);	1662

(6) Lysergic acid;

1663

(7) Lysergic acid amide;

1664

(8) Methyprylon;

1665

(9) Sulfondiethylmethane;

1666

(10) Sulfonethylmethane;

1667

(11) Sulfonmethane;

1668

(12) Tiletamine, zolazepam, or any salt of tiletamine or	1669
zolazepam (some trade or other names for a tiletamine-zolazepam	1670
combination product: Telazol); (some trade or other names for	1671
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some	1672
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-	1673
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;	1674
flupyrazapon).	1675

(C) Narcotic antidotes

1676

(1) Nalorphine.

1677

(D) Narcotics-narcotic preparations

1678

Unless specifically excepted under federal drug abuse control	1679
laws or unless listed in another schedule, any material, compound,	1680
mixture, or preparation that contains any of the following	1681
narcotic drugs, or their salts calculated as the free anhydrous	1682
base or alkaloid, in limited quantities as set forth below:	1683

(1) Not more than 1.8 grams of codeine per 100 milliliters or	1684
not more than 90 milligrams per dosage unit, with an equal or	1685
greater quantity of an isoquinoline alkaloid of opium;	1686

(2) Not more than 1.8 grams of codeine per 100 milliliters or	1687
not more than 90 milligrams per dosage unit, with one or more	1688
active, nonnarcotic ingredients in recognized therapeutic amounts;	1689

(3) Not more than 300 milligrams of dihydrocodeinone per 100	1690
milliliters or not more than 15 milligrams per dosage unit, with a	1691
fourfold or greater quantity of an isoquinoline alkaloid of opium;	1692

(4) Not more than 300 milligrams of dihydrocodeinone per 100	1693
milliliters or not more than 15 milligrams per dosage unit, with	1694
one or more active, nonnarcotic ingredients in recognized	1695
therapeutic amounts;	1696

(5) Not more than 1.8 grams of dihydrocodeine per 100	1697
milliliters or not more than 90 milligrams per dosage unit, with	1698
one or more active, nonnarcotic ingredients in recognized	1699
therapeutic amounts;	1700

(6) Not more than 300 milligrams of ethylmorphine per 100	1701
milliliters or not more than 15 milligrams per dosage unit, with	1702
one or more active, nonnarcotic ingredients in recognized	1703
therapeutic amounts;	1704

(7) Not more than 500 milligrams of opium per 100 milliliters	1705
or per 100 grams or not more than 25 milligrams per dosage unit,	1706
with one or more active, nonnarcotic ingredients in recognized	1707
therapeutic amounts;	1708

(8) Not more than 50 milligrams of morphine per 100	1709
milliliters or per 100 grams, with one or more active, nonnarcotic	1710
ingredients in recognized therapeutic amounts.	1711

(E) Anabolic steroids

1712

Unless specifically excepted under federal drug abuse control	1713
laws or unless listed in another schedule, any material, compound,	1714
mixture, or preparation that contains any quantity of the	1715
following substances, including their salts, esters, isomers, and	1716
salts of esters and isomers, whenever the existence of these	1717
salts, esters, and isomers is possible within the specific	1718
chemical designation:	1719

(1) Anabolic steroids. Except as otherwise provided in	1720
division (E)(1) of schedule III, "anabolic steroids" means any	1721
drug or hormonal substance that is chemically and	1722
pharmacologically related to testosterone (other than estrogens,	1723
progestins, and corticosteroids) and that promotes muscle growth.	1724
"Anabolic steroids" does not include an anabolic steroid that is	1725
expressly intended for administration through implants to cattle	1726
or other nonhuman species and that has been approved by the United	1727
States secretary of health and human services for that	1728
administration, unless a person prescribes, dispenses, or	1729
distributes this type of anabolic steroid for human use. "Anabolic	1730
steroid" includes, but is not limited to, the following:	1731

(a) Boldenone;

1732

(b) Chlorotestosterone (4-chlortestosterone);

1733

(c) Clostebol;

1734

(d) Dehydrochlormethyltestosterone;

1735

(e) Dihydrotestosterone (4-dihydrotestosterone);

1736

(f) Drostanolone;

1737

(g) Ethylestrenol;

1738

(h) Fluoxymesterone;

1739

(i) Formebulone (formebolone);

1740

(j) Mesterolone;

1741

(k) Methandienone;

1742

(l) Methandranone;

1743

(m) Methandriol;

1744

(n) Methandrostenolone;

1745

(o) Methenolone;

1746

(p) Methyltestosterone;

1747

(q) Mibolerone;

1748

(r) Nandrolone;

1749

(s) Norethandrolone;

1750

(t) Oxandrolone;

1751

(u) Oxymesterone;

1752

(v) Oxymetholone;

1753

(w) Stanolone;

1754

(x) Stanozolol;

1755

(y) Testolactone;

1756

(z) Testosterone;

1757

(aa) Trenbolone;

1758

(bb) Any salt, ester, isomer, or salt of an ester or isomer	1759
of a drug or hormonal substance described or listed in division	1760
(E)(1) of schedule III if the salt, ester, or isomer promotes	1761
muscle growth.	1762

(F) Hallucinogenic substances

1763

(1) Dronabinol (synthetic) in sesame oil and encapsulated in	1764
a soft gelatin capsule in a United States food and drug	1765
administration approved drug product (some other names for	1766
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-	1767
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or	1768
(-)-delta-9-(trans)-tetrahydrocannabinol).	1769

SCHEDULE IV	1770

(A) Narcotic drugs

1771

Unless specifically excepted by federal drug abuse control	1772
laws or unless listed in another schedule, any material, compound,	1773
mixture, or preparation that contains any of the following	1774
narcotic drugs, or their salts calculated as the free anhydrous	1775
base or alkaloid, in limited quantities as set forth below:	1776

(1) Not more than one milligram of difenoxin and not less	1777
than 25 micrograms of atropine sulfate per dosage unit;	1778

(2) Dextropropoxyphene	1779
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-	1780
propionoxybutane)[final dosage forms].	1781

(B) Depressants

1782

Unless specifically excepted under federal drug abuse control	1783
laws or unless listed in another schedule, any material, compound,	1784
mixture, or preparation that contains any quantity of the	1785
following substances, including their salts, isomers, and salts of	1786
isomers, whenever the existence of these salts, isomers, and salts	1787
of isomers is possible within the specific chemical designation:	1788

(1) Alprazolam;

1789

(2) Barbital;

1790

(3) Bromazepam;

1791

(4) Camazepam;

1792

(5) Chloral betaine;

1793

(6) Chloral hydrate;

1794

(7) Chlordiazepoxide;

1795

(8) Clobazam;

1796

(9) Clonazepam;

1797

(10) Clorazepate;

1798

(11) Clotiazepam;

1799

(12) Cloxazolam;

1800

(13) Delorazepam;

1801

(14) Diazepam;

1802

(15) Estazolam;

1803

(16) Ethchlorvynol;

1804

(17) Ethinamate;

1805

(18) Ethyl loflazepate;

1806

(19) Fludiazepam;

1807

(20) Flunitrazepam;

1808

(21) Flurazepam;

1809

(22) Halazepam;

1810

(23) Haloxazolam;

1811

(24) Ketazolam;

1812

(25) Loprazolam;

1813

(26) Lorazepam;

1814

(27) Lormetazepam;

1815

(28) Mebutamate;

1816

(29) Medazepam;

1817

(30) Meprobamate;

1818

(31) Methohexital;

1819

(32) Methylphenobarbital (mephobarbital);

1820

(33) Midazolam;

1821

(34) Nimetazepam;

1822

(35) Nitrazepam;

1823

(36) Nordiazepam;

1824

(37) Oxazepam;

1825

(38) Oxazolam;

1826

(39) Paraldehyde;

1827

(40) Petrichloral;

1828

(41) Phenobarbital;

1829

(42) Pinazepam;

1830

(43) Prazepam;

1831

(44) Quazepam;

1832

(45) Temazepam;

1833

(46) Tetrazepam;

1834

(47) Triazolam;

1835

(48) Zaleplon;

1836

(49) Zolpidem.

1837

(C) Fenfluramine

1838

Any material, compound, mixture, or preparation that contains	1839
any quantity of the following substances, including their salts,	1840
their optical isomers, position isomers, or geometric isomers, and	1841
salts of these isomers, whenever the existence of these salts,	1842
isomers, and salts of isomers is possible within the specific	1843
chemical designation:	1844

(1) Fenfluramine.

1845

(D) Stimulants

1846

Unless specifically excepted under federal drug abuse control	1847
laws or unless listed in another schedule, any material, compound,	1848
mixture, or preparation that contains any quantity of the	1849
following substances having a stimulant effect on the central	1850
nervous system, including their salts, their optical isomers,	1851
position isomers, or geometric isomers, and salts of these	1852
isomers, whenever the existence of these salts, isomers, and salts	1853
of isomers is possible within the specific chemical designation:	1854

(1) Cathine ((+)-norpseudoephedrine);

1855

(2) Diethylpropion;

1856

(3) Fencamfamin;

1857

(4) Fenproporex;

1858

(5) Mazindol;

1859

(6) Mefenorex;

1860

(7) Modafinil;

1861

(8) Pemoline (including organometallic complexes and chelates	1862
thereof);	1863

(9) Phentermine;

1864

(10) Pipradrol;

1865

(11) Sibutramine;

1866

(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].

1867

(E) Other substances

1868

Unless specifically excepted under federal drug abuse control	1869
laws or unless listed in another schedule, any material, compound,	1870
mixture, or preparation that contains any quantity of the	1871
following substances, including their salts:	1872

(1) Pentazocine;

1873

(2) Butorphanol (including its optical isomers).

1874

SCHEDULE V	1875

(A) Narcotic drugs

1876

Unless specifically excepted under federal drug abuse control	1877
laws or unless listed in another schedule, any material, compound,	1878
mixture, or preparation that contains any of the following	1879
narcotic drugs, and their salts, as set forth below:	1880

(1) Buprenorphine.

1881

(B) Narcotics-narcotic preparations

1882

Narcotic drugs containing non-narcotic active medicinal	1883
ingredients. Any compound, mixture, or preparation that contains	1884
any of the following narcotic drugs, or their salts calculated as	1885
the free anhydrous base or alkaloid, in limited quantities as set	1886
forth below, and that includes one or more nonnarcotic active	1887
medicinal ingredients in sufficient proportion to confer upon the	1888
compound, mixture, or preparation valuable medicinal qualities	1889
other than those possessed by narcotic drugs alone:	1890

(1) Not more than 200 milligrams of codeine per 100	1891
milliliters or per 100 grams;	1892

(2) Not more than 100 milligrams of dihydrocodeine per 100	1893
milliliters or per 100 grams;	1894

(3) Not more than 100 milligrams of ethylmorphine per 100	1895
milliliters or per 100 grams;	1896

(4) Not more than 2.5 milligrams of diphenoxylate and not	1897
less than 25 micrograms of atropine sulfate per dosage unit;	1898

(5) Not more than 100 milligrams of opium per 100 milliliters	1899
or per 100 grams;	1900

(6) Not more than 0.5 milligram of difenoxin and not less	1901
than 25 micrograms of atropine sulfate per dosage unit.	1902

(C) Stimulants

1903

Unless specifically exempted or excluded under federal drug	1904
abuse control laws or unless listed in another schedule, any	1905
material, compound, mixture, or preparation that contains any	1906
quantity of the following substances having a stimulant effect on	1907
the central nervous system, including their salts, isomers, and	1908
salts of isomers:	1909

(1) Ephedrine, except as provided in division (K) of section	1910
3719.44 of the Revised Code;	1911

(2) Pyrovalerone.

1912

Section 2.  That existing sections 2925.02, 2925.03, 2925.11,	1913
and 3719.41 of the Revised Code are hereby repealed.	1914