Bill Text: OH HB64 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To add synthetic cannabinoids commonly known as K2 or Spice to the list of Schedule I controlled substances, to prohibit the possession of Spice, to prohibit trafficking in Spice, to provide that if Spice is the drug involved in a violation of the offense of corrupting another with drugs the penalty for the violation will be the same as if marihuana was the drug involved in the offense, to add six synthetic derivatives of cathinone that have been found in bath salts to the list of Schedule I controlled substances, to define a "controlled substance analog" for purposes of the Controlled Substances Law, and to treat controlled substance analogs as Schedule I controlled substances, and to specify that the residential and familial information of probation officers and bailiffs is not a public record.

Spectrum: Slight Partisan Bill (Republican 45-25)

Status: (Passed) 2011-10-17 - Effective Date [HB64 Detail]

Download: Ohio-2011-HB64-Engrossed.html
As Passed by the House

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, Adams, R., Amstutz, Ashford, Barnes, Blair, Blessing, Buchy, Budish, Butler, Celeste, Dovilla, Fedor, Gerberry, Gonzales, Hackett, Hagan, C., Hall, Heard, Landis, Letson, Newbold, O'Brien, Pillich, Schuring, Uecker, Weddington, Batchelder 



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-opiates1245

       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 derivatives1321

       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) Hallucinogens1350

       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) Depressants1452

       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) Stimulants1462

       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 derivatives1488

       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-opiates1533

       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) Stimulants1574

       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) Depressants1586

       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 substances1610

       (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 precursors1614

       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) Stimulants1627

       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) Depressants1643

       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 antidotes1676

       (1) Nalorphine.1677

       (D) Narcotics-narcotic preparations1678

       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 steroids1712

       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 substances1763

       (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 drugs1771

       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) Depressants1782

       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) Fenfluramine1838

       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) Stimulants1846

       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 substances1868

       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 drugs1876

       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 preparations1882

       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) Stimulants1903

       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

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