Ohio § 2925.03

§ 2925.03.

(A) No person shall knowingly do any of the following: (1) Sell or offer to sell a controlled substance or a controlled substance analog; (2) Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute

a controlled substance or a controlled substance analog, when the offender knows or

has reasonable cause to believe that the controlled substance or a controlled substance

analog is intended for sale or resale by the offender or another person. (B) This section does not apply to any of the following: (1) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists,

owners of pharmacies, and other persons whose conduct is in accordance with Chapters

3719., 4715., 4723., 4729., 4730., 4731., 4741., and 4772. of the Revised Code; (2) If the offense involves an anabolic steroid, any person who is conducting or participating

in a research project involving the use of an anabolic steroid if the project has

been approved by the United States food and drug administration; (3) Any person who sells, offers for sale, prescribes, dispenses, or administers for

livestock or other nonhuman species an anabolic steroid that is expressly intended

for administration through implants to livestock or other nonhuman species and approved

for that purpose under the “Federal Food, Drug, and Cosmetic Act,” 52 Stat. 1040 (1938), 21 U.S.C.A. 301 , as amended, and is sold, offered for sale, prescribed, dispensed, or administered

for that purpose in accordance with that act. (C) Whoever violates division (A) of this section is guilty of one of the following: (1) If the drug involved in the violation is any compound, mixture, preparation, or substance

included in schedule I or schedule II, with the exception of marihuana, cocaine, L.S.D.,

heroin, any fentanyl-related compound, hashish, and any controlled substance analog,

whoever violates division (A) of this section is guilty of aggravated trafficking

in drugs.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(1)(b), (c), (d), (e), or (f) of this

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

if the offense was committed in the vicinity of a school, in the vicinity of a juvenile,

or in the vicinity of a substance addiction services provider or a recovering addict,

aggravated trafficking in drugs is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds the bulk amount but is less than five times the bulk amount, aggravated

trafficking in drugs is a felony of the third degree, and, except as otherwise provided

in this division, there is a presumption for a prison term for the offense.  If aggravated trafficking in drugs is a felony of the third degree under this division

and if the offender two or more times previously has been convicted of or pleaded

guilty to a felony drug abuse offense, the court shall impose as a mandatory prison

term one of the prison terms prescribed for a felony of the third degree.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, aggravated trafficking

in drugs is a felony of the second degree, and the court shall impose as a mandatory

prison term a second degree felony mandatory prison term. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds five times the bulk amount but is less than fifty times the bulk

amount, aggravated trafficking in drugs is a felony of the second degree, and the

court shall impose as a mandatory prison term a second degree felony mandatory prison

term.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, aggravated trafficking

in drugs is a felony of the first degree, and the court shall impose as a mandatory

prison term a first degree felony mandatory prison term. (e) If the amount of the drug involved equals or exceeds fifty times the bulk amount

but is less than one hundred times the bulk amount and regardless of whether the offense

was committed in the vicinity of a school, in the vicinity of a juvenile, or in the

vicinity of a substance addiction services provider or a recovering addict, aggravated

trafficking in drugs is a felony of the first degree, and the court shall impose as

a mandatory prison term a first degree felony mandatory prison term. (f) If the amount of the drug involved equals or exceeds one hundred times the bulk amount

and regardless of whether the offense was committed in the vicinity of a school, in

the vicinity of a juvenile, or in the vicinity of a substance addiction services provider

or a recovering addict, aggravated trafficking in drugs is a felony of the first degree,

the offender is a major drug offender, and the court shall impose as a mandatory prison

term a maximum first degree felony mandatory prison term. (2) If the drug involved in the violation is any compound, mixture, preparation, or substance

included in schedule III, IV, or V, whoever violates division (A) of this section

is guilty of trafficking in drugs.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(2)(b), (c), (d), or (e) of this section,

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

if the offense was committed in the vicinity of a school or in the vicinity of a juvenile,

trafficking in drugs is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds the bulk amount but is less than five times the bulk amount, trafficking

in drugs is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs

is a felony of the third degree, and there is a presumption for a prison term for

the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds five times the bulk amount but is less than fifty times the bulk

amount, trafficking in drugs is a felony of the third degree, and there is a presumption

for a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school or in the vicinity of a juvenile, trafficking in drugs

is a felony of the second degree, and there is a presumption for a prison term for

the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds fifty times the bulk amount, trafficking in drugs is a felony of

the second degree, and the court shall impose as a mandatory prison term a second

degree felony mandatory prison term.  If the amount of the drug involved equals or exceeds fifty times the bulk amount

and if the offense was committed in the vicinity of a school or in the vicinity of

a juvenile, trafficking in drugs is a felony of the first degree, and the court shall

impose as a mandatory prison term a first degree felony mandatory prison term. (3) If the drug involved in the violation is marihuana or a compound, mixture, preparation,

or substance containing marihuana other than hashish, whoever violates division (A)

of this section is guilty of trafficking in marihuana.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), (f), (g), or (h)

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

this section, if the offense was committed in the vicinity of a school or in the vicinity

of a juvenile, trafficking in marihuana is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds two hundred grams but is less than one thousand grams, trafficking

in marihuana is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana

is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds one thousand grams but is less than five thousand grams, trafficking

in marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana

is a felony of the second degree, and there is a presumption that a prison term shall

be imposed for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds five thousand grams but is less than twenty thousand grams, trafficking

in marihuana is a felony of the third degree, and there is a presumption that a prison

term shall be imposed for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana

is a felony of the second degree, and there is a presumption that a prison term shall

be imposed for the offense. (f) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds twenty thousand grams but is less than forty thousand grams, trafficking

in marihuana is a felony of the second degree, and the court shall impose as a mandatory

prison term a second degree felony mandatory prison term of five, six, seven, or eight

years.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school or in the vicinity of a juvenile, trafficking in marihuana

is a felony of the first degree, and the court shall impose as a mandatory prison

term a maximum first degree felony mandatory prison term. (g) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds forty thousand grams, trafficking in marihuana is a felony of the

second degree, and the court shall impose as a mandatory prison term a maximum second

degree felony mandatory prison term.  If the amount of the drug involved equals or exceeds forty thousand grams and if

the offense was committed in the vicinity of a school or in the vicinity of a juvenile,

trafficking in marihuana is a felony of the first degree, and the court shall impose

as a mandatory prison term a maximum first degree felony mandatory prison term. (h) Except as otherwise provided in this division, if the offense involves a gift of

twenty grams or less of marihuana, trafficking in marihuana is a minor misdemeanor

upon a first offense and a misdemeanor of the third degree upon a subsequent offense.  If the offense involves a gift of twenty grams or less of marihuana and if the offense

was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking

in marihuana is a misdemeanor of the third degree. (4) If the drug involved in the violation is cocaine or a compound, mixture, preparation,

or substance containing cocaine, whoever violates division (A) of this section is

guilty of trafficking in cocaine.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of

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

section, if the offense was committed in the vicinity of a school, in the vicinity

of a juvenile, or in the vicinity of a substance addiction services provider or a

recovering addict, trafficking in cocaine is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds five grams but is less than ten grams of cocaine, trafficking in

cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in cocaine

is a felony of the third degree, and there is a presumption for a prison term for

the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds ten grams but is less than twenty grams of cocaine, trafficking

in cocaine is a felony of the third degree, and, except as otherwise provided in this

division, there is a presumption for a prison term for the offense.  If trafficking in cocaine is a felony of the third degree under this division and

if the offender two or more times previously has been convicted of or pleaded guilty

to a felony drug abuse offense, the court shall impose as a mandatory prison term

one of the prison terms prescribed for a felony of the third degree.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in cocaine

is a felony of the second degree, and the court shall impose as a mandatory prison

term a second degree felony mandatory prison term. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds twenty grams but is less than twenty-seven grams of cocaine, trafficking

in cocaine is a felony of the second degree, and the court shall impose as a mandatory

prison term a second degree felony mandatory prison term.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in cocaine

is a felony of the first degree, and the court shall impose as a mandatory prison

term a first degree felony mandatory prison term. (f) If the amount of the drug involved equals or exceeds twenty-seven grams but is less

than one hundred grams of cocaine and regardless of whether the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in cocaine

is a felony of the first degree, and the court shall impose as a mandatory prison

term a first degree felony mandatory prison term. (g) If the amount of the drug involved equals or exceeds one hundred grams of cocaine

and regardless of whether the offense was committed in the vicinity of a school, in

the vicinity of a juvenile, or in the vicinity of a substance addiction services provider

or a recovering addict, trafficking in cocaine is a felony of the first degree, the

offender is a major drug offender, and the court shall impose as a mandatory prison

term a maximum first degree felony mandatory prison term. (5) If the drug involved in the violation is L.S.D. or a compound, mixture, preparation,

or substance containing L.S.D., whoever violates division (A) of this section is guilty

of trafficking in L.S.D.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(5)(b), (c), (d), (e), (f), or (g) of

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

section, if the offense was committed in the vicinity of a school, in the vicinity

of a juvenile, or in the vicinity of a substance addiction services provider or a

recovering addict, trafficking in L.S.D. is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds ten unit doses but is less than fifty unit doses of L.S.D. in a

solid form or equals or exceeds one gram but is less than five grams of L.S.D. in

a liquid concentrate, liquid extract, or liquid distillate form, trafficking in L.S.D.

is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in L.S.D.

is a felony of the third degree, and there is a presumption for a prison term for

the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds fifty unit doses but is less than two hundred fifty unit doses of

L.S.D. in a solid form or equals or exceeds five grams but is less than twenty-five

grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form,

trafficking in L.S.D. is a felony of the third degree, and, except as otherwise provided

in this division, there is a presumption for a prison term for the offense.  If trafficking in L.S.D. is a felony of the third degree under this division and

if the offender two or more times previously has been convicted of or pleaded guilty

to a felony drug abuse offense, the court shall impose as a mandatory prison term

one of the prison terms prescribed for a felony of the third degree.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in L.S.D.

is a felony of the second degree, and the court shall impose as a mandatory prison

term a second degree felony mandatory prison term. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds two hundred fifty unit doses but is less than one thousand unit

doses of L.S.D. in a solid form or equals or exceeds twenty-five grams but is less

than one hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid

distillate form, trafficking in L.S.D. is a felony of the second degree, and the court

shall impose as a mandatory prison term a second degree felony mandatory prison term.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in L.S.D.

is a felony of the first degree, and the court shall impose as a mandatory prison

term a first degree felony mandatory prison term. (f) If the amount of the drug involved equals or exceeds one thousand unit doses but

is less than five thousand unit doses of L.S.D. in a solid form or equals or exceeds

one hundred grams but is less than five hundred grams of L.S.D. in a liquid concentrate,

liquid extract, or liquid distillate form and regardless of whether the offense was

committed in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity

of a substance addiction services provider or a recovering addict, trafficking in

L.S.D. is a felony of the first degree, and the court shall impose as a mandatory

prison term a first degree felony mandatory prison term. (g) If the amount of the drug involved equals or exceeds five thousand unit doses of

L.S.D. in a solid form or equals or exceeds five hundred grams of L.S.D. in a liquid

concentrate, liquid extract, or liquid distillate form and regardless of whether the

offense was committed in the vicinity of a school, in the vicinity of a juvenile,

or in the vicinity of a substance addiction services provider or a recovering addict,

trafficking in L.S.D. is a felony of the first degree, the offender is a major drug

offender, and the court shall impose as a mandatory prison term a maximum first degree

felony mandatory prison term. (6) If the drug involved in the violation is heroin or a compound, mixture, preparation,

or substance containing heroin, whoever violates division (A) of this section is guilty

of trafficking in heroin.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(6)(b), (c), (d), (e), (f), or (g) of

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

section, if the offense was committed in the vicinity of a school, in the vicinity

of a juvenile, or in the vicinity of a substance addiction services provider or a

recovering addict, trafficking in heroin is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds ten unit doses but is less than fifty unit doses or equals or exceeds

one gram but is less than five grams, trafficking in heroin is a felony of the fourth

degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in heroin

is a felony of the third degree, and there is a presumption for a prison term for

the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds fifty unit doses but is less than one hundred unit doses or equals

or exceeds five grams but is less than ten grams, trafficking in heroin is a felony

of the third degree, and there is a presumption for a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in heroin

is a felony of the second degree, and there is a presumption for a prison term for

the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds one hundred unit doses but is less than five hundred unit doses

or equals or exceeds ten grams but is less than fifty grams, trafficking in heroin

is a felony of the second degree, and the court shall impose as a mandatory prison

term a second degree felony mandatory prison term.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in heroin

is a felony of the first degree, and the court shall impose as a mandatory prison

term a first degree felony mandatory prison term. (f) If the amount of the drug involved equals or exceeds five hundred unit doses but

is less than one thousand unit doses or equals or exceeds fifty grams but is less

than one hundred grams and regardless of whether the offense was committed in the

vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance

addiction services provider or a recovering addict, trafficking in heroin is a felony

of the first degree, and the court shall impose as a mandatory prison term a first

degree felony mandatory prison term. (g) If the amount of the drug involved equals or exceeds one thousand unit doses or equals

or exceeds one hundred grams and regardless of whether the offense was committed in

the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance

addiction services provider or a recovering addict, trafficking in heroin is a felony

of the first degree, the offender is a major drug offender, and the court shall impose

as a mandatory prison term a maximum first degree felony mandatory prison term. (7) If the drug involved in the violation is hashish or a compound, mixture, preparation,

or substance containing hashish, whoever violates division (A) of this section is

guilty of trafficking in hashish.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(7)(b), (c), (d), (e), (f), or (g) of

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

section, if the offense was committed in the vicinity of a school, in the vicinity

of a juvenile, or in the vicinity of a substance addiction services provider or a

recovering addict, trafficking in hashish is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds ten grams but is less than fifty grams of hashish in a solid form

or equals or exceeds two grams but is less than ten grams of hashish in a liquid concentrate,

liquid extract, or liquid distillate form, trafficking in hashish is a felony of the

fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in hashish

is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds fifty grams but is less than two hundred fifty grams of hashish

in a solid form or equals or exceeds ten grams but is less than fifty grams of hashish

in a liquid concentrate, liquid extract, or liquid distillate form, trafficking in

hashish is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in hashish

is a felony of the second degree, and there is a presumption that a prison term shall

be imposed for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds two hundred fifty grams but is less than one thousand grams of hashish

in a solid form or equals or exceeds fifty grams but is less than two hundred grams

of hashish in a liquid concentrate, liquid extract, or liquid distillate form, trafficking

in hashish is a felony of the third degree, and there is a presumption that a prison

term shall be imposed for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in hashish

is a felony of the second degree, and there is a presumption that a prison term shall

be imposed for the offense. (f) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds one thousand grams but is less than two thousand grams of hashish

in a solid form or equals or exceeds two hundred grams but is less than four hundred

grams of hashish in a liquid concentrate, liquid extract, or liquid distillate form,

trafficking in hashish is a felony of the second degree, and the court shall impose

as a mandatory prison term a second degree felony mandatory prison term of five, six,

seven, or eight years.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in hashish

is a felony of the first degree, and the court shall impose as a mandatory prison

term a maximum first degree felony mandatory prison term. (g) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds two thousand grams of hashish in a solid form or equals or exceeds

four hundred grams of hashish in a liquid concentrate, liquid extract, or liquid distillate

form, trafficking in hashish is a felony of the second degree, and the court shall

impose as a mandatory prison term a maximum second degree felony mandatory prison

term.  If the amount of the drug involved equals or exceeds two thousand grams of hashish

in a solid form or equals or exceeds four hundred grams of hashish in a liquid concentrate,

liquid extract, or liquid distillate form and if the offense was committed in the

vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance

addiction services provider or a recovering addict, trafficking in hashish is a felony

of the first degree, and the court shall impose as a mandatory prison term a maximum

first degree felony mandatory prison term. (8) If the drug involved in the violation is a controlled substance analog or compound,

mixture, preparation, or substance that contains a controlled substance analog, whoever

violates division (A) of this section is guilty of trafficking in a controlled substance

analog.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(8)(b), (c), (d), (e), (f), or (g) of

this section, trafficking in a controlled substance analog is a felony of the fifth

degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (b) Except as otherwise provided in division (C)(8)(c), (d), (e), (f), or (g) of this

section, if the offense was committed in the vicinity of a school, in the vicinity

of a juvenile, or in the vicinity of a substance addiction services provider or a

recovering addict, trafficking in a controlled substance analog is a felony of the

fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds ten grams but is less than twenty grams, trafficking in a controlled

substance analog is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in a controlled

substance analog is a felony of the third degree, and there is a presumption for a

prison term for the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds twenty grams but is less than thirty grams, trafficking in a controlled

substance analog is a felony of the third degree, and there is a presumption for a

prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in a controlled

substance analog is a felony of the second degree, and there is a presumption for

a prison term for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds thirty grams but is less than forty grams, trafficking in a controlled

substance analog is a felony of the second degree, and the court shall impose as a

mandatory prison term a second degree felony mandatory prison term.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in a controlled

substance analog is a felony of the first degree, and the court shall impose as a

mandatory prison term a first degree felony mandatory prison term. (f) If the amount of the drug involved equals or exceeds forty grams but is less than

fifty grams and regardless of whether the offense was committed in the vicinity of

a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction

services provider or a recovering addict, trafficking in a controlled substance analog

is a felony of the first degree, and the court shall impose as a mandatory prison

term a first degree felony mandatory prison term. (g) If the amount of the drug involved equals or exceeds fifty grams and regardless of

whether the offense was committed in the vicinity of a school, in the vicinity of

a juvenile, or in the vicinity of a substance addiction services provider or a recovering

addict, trafficking in a controlled substance analog is a felony of the first degree,

the offender is a major drug offender, and the court shall impose as a mandatory prison

term a maximum first degree felony mandatory prison term. (9) If the drug involved in the violation is a fentanyl-related compound or a compound,

mixture, preparation, or substance containing a fentanyl-related compound and division

(C)(10)(a) of this section does not apply to the drug involved, whoever violates division

(A) of this section is guilty of trafficking in a fentanyl-related compound.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(9)(b), (c), (d), (e), (f), (g), or (h)

of this section, trafficking in a fentanyl-related compound is a felony of the fifth

degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (b) Except as otherwise provided in division (C)(9)(c), (d), (e), (f), (g), or (h) of

this section, if the offense was committed in the vicinity of a school, in the vicinity

of a juvenile, or in the vicinity of a substance addiction services provider or a

recovering addict, trafficking in a fentanyl-related compound is a felony of the fourth

degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (c) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds ten unit doses but is less than fifty unit doses or equals or exceeds

one gram but is less than five grams, trafficking in a fentanyl-related compound is

a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related

compound is a felony of the third degree, and there is a presumption for a prison

term for the offense. (d) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds fifty unit doses but is less than one hundred unit doses or equals

or exceeds five grams but is less than ten grams, trafficking in a fentanyl-related

compound is a felony of the third degree, and there is a presumption for a prison

term for the offense.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related

compound is a felony of the second degree, and there is a presumption for a prison

term for the offense. (e) Except as otherwise provided in this division, if the amount of the drug involved

equals or exceeds one hundred unit doses but is less than two hundred unit doses or

equals or exceeds ten grams but is less than twenty grams, trafficking in a fentanyl-related

compound is a felony of the second degree, and the court shall impose as a mandatory

prison term one of the prison terms prescribed for a felony of the second degree.  If the amount of the drug involved is within that range and if the offense was committed

in the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of

a substance addiction services provider or a recovering addict, trafficking in a fentanyl-related

compound is a felony of the first degree, and the court shall impose as a mandatory

prison term one of the prison terms prescribed for a felony of the first degree. (f) If the amount of the drug involved equals or exceeds two hundred unit doses but is

less than five hundred unit doses or equals or exceeds twenty grams but is less than

fifty grams and regardless of whether the offense was committed in the vicinity of

a school, in the vicinity of a juvenile, or in the vicinity of a substance addiction

services provider or a recovering addict, trafficking in a fentanyl-related compound

is a felony of the first degree, and the court shall impose as a mandatory prison

term one of the prison terms prescribed for a felony of the first degree. (g) If the amount of the drug involved equals or exceeds five hundred unit doses but

is less than one thousand unit doses or equals or exceeds fifty grams but is less

than one hundred grams and regardless of whether the offense was committed in the

vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance

addiction services provider or a recovering addict, trafficking in a fentanyl-related

compound is a felony of the first degree, and the court shall impose as a mandatory

prison term the maximum prison term prescribed for a felony of the first degree. (h) If the amount of the drug involved equals or exceeds one thousand unit doses or equals

or exceeds one hundred grams and regardless of whether the offense was committed in

the vicinity of a school, in the vicinity of a juvenile, or in the vicinity of a substance

addiction services provider or a recovering addict, trafficking in a fentanyl-related

compound is a felony of the first degree, the offender is a major drug offender, and

the court shall impose as a mandatory prison term the maximum prison term prescribed

for a felony of the first degree. (10) If the drug involved in the violation is a compound, mixture, preparation, or substance

that is a combination of a fentanyl-related compound and marihuana, one of the following

applies: (a) Except as otherwise provided in division (C)(10)(b) of this section, the offender

is guilty of trafficking in marihuana and shall be punished under division (C)(3)

of this section.  The offender is not guilty of trafficking in a fentanyl-related compound and shall

not be charged with, convicted of, or punished under division (C)(9) of this section

for trafficking in a fentanyl-related compound. (b) If the offender knows or has reason to know that the compound, mixture, preparation,

or substance that is the drug involved contains a fentanyl-related compound, the offender

is guilty of trafficking in a fentanyl-related compound and shall be punished under

division (C)(9) of this section. (D) In addition to any prison term authorized or required by division (C) of this section

and sections 2929.13 and 2929.14 of the Revised Code , and in addition to any other sanction imposed for the offense under this section

or sections 2929.11 to 2929.18 of the Revised Code , if applicable, the court also shall do the following: (1) If the violation of division (A) of this section is a felony of the first, second,

or third degree, the court shall impose upon the offender the mandatory fine specified

for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is

indigent.  Except as otherwise provided in division (H)(1) of this section, a mandatory fine

or any other fine imposed for a violation of this section is subject to division (F)

of this section.  If a person is charged with a violation of this section that is a felony of the

first, second, or third degree, posts bail, and forfeits the bail, the clerk of the

court shall pay the forfeited bail pursuant to divisions (D)(1) and (F) of this section,

as if the forfeited bail was a fine imposed for a violation of this section.  If any amount of the forfeited bail remains after that payment and if a fine is

imposed under division (H)(1) of this section, the clerk of the court shall pay the

remaining amount of the forfeited bail pursuant to divisions (H)(2) and (3) of this

section, as if that remaining amount was a fine imposed under division (H)(1) of this

section. (2) If the offender is a professionally licensed person, the court immediately shall

comply with section 2925.38 of the Revised Code . (3) If the offender has a driver's or commercial driver's license or permit, section 2929.33 of the Revised Code applies. (E) When a person is charged with the sale of or offer to sell a bulk amount or a multiple

of a bulk amount of a controlled substance, the jury, or the court trying the accused,

shall determine the amount of the controlled substance involved at the time of the

offense and, if a guilty verdict is returned, shall return the findings as part of

the verdict.  In any such case, it is unnecessary to find and return the exact amount of the controlled

substance involved, and it is sufficient if the finding and return is to the effect

that the amount of the controlled substance involved is the requisite amount, or that

the amount of the controlled substance involved is less than the requisite amount. (F)(1) Notwithstanding any contrary provision of section 3719.21 of the Revised Code and except as provided in division (H) of this section, the clerk of the court shall

pay any mandatory fine imposed pursuant to division (D)(1) of this section and any

fine other than a mandatory fine that is imposed for a violation of this section pursuant

to division (A) or (B)(5) of section 2929.18 of the Revised Code to the county, township, municipal corporation, park district, as created pursuant

to section 511.18 or 1545.04 of the Revised Code , or state law enforcement agencies in this state that primarily were responsible

for or involved in making the arrest of, and in prosecuting, the offender.  However, the clerk shall not pay a mandatory fine so imposed to a law enforcement

agency unless the agency has adopted a written internal control policy under division

(F)(2) of this section that addresses the use of the fine moneys that it receives.  Each agency shall use the mandatory fines so paid to subsidize the agency's law

enforcement efforts that pertain to drug offenses, in accordance with the written

internal control policy adopted by the recipient agency under division (F)(2) of this

section. (2) Prior to receiving any fine moneys under division (F)(1) of this section or division (B) of section 2925.42 of the Revised Code , a law enforcement agency shall adopt a written internal control policy that addresses

the agency's use and disposition of all fine moneys so received and that provides

for the keeping of detailed financial records of the receipts of those fine moneys,

the general types of expenditures made out of those fine moneys, and the specific

amount of each general type of expenditure.  The policy shall not provide for or permit the identification of any specific expenditure

that is made in an ongoing investigation.  All financial records of the receipts of those fine moneys, the general types of

expenditures made out of those fine moneys, and the specific amount of each general

type of expenditure by an agency are public records open for inspection under section 149.43 of the Revised Code .  Additionally, a written internal control policy adopted under this division is such

a public record, and the agency that adopted it shall comply with it. (3) As used in division (F) of this section: (a) “ Law enforcement agencies ” includes, but is not limited to, the state board of pharmacy and the office of a

prosecutor. (b) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . (G) Any offender who received a mandatory suspension of the offender's driver's or commercial

driver's license or permit under this section prior to September 13, 2016, may file

a motion with the sentencing court requesting the termination of the suspension.  However, an offender who pleaded guilty to or was convicted of a violation of section 4511.19 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United

States that arose out of the same set of circumstances as the violation for which

the offender's license or permit was suspended under this section shall not file such

a motion. Upon the filing of a motion under division (G) of this section, the sentencing court,

in its discretion, may terminate the suspension. (H)(1) In addition to any prison term authorized or required by division (C) of this section

and sections 2929.13 and 2929.14 of the Revised Code , in addition to any other penalty or sanction imposed for the offense under this

section or sections 2929.11 to 2929.18 of the Revised Code , and in addition to the forfeiture of property in connection with the offense as

prescribed in Chapter 2981. of the Revised Code, the court that sentences an offender

who is convicted of or pleads guilty to a violation of division (A) of this section

may impose upon the offender an additional fine specified for the offense in division (B)(4) of section 2929.18 of the Revised Code .  A fine imposed under division (H)(1) of this section is not subject to division

(F) of this section and shall be used solely for the support of one or more eligible

community addiction services providers in accordance with divisions (H)(2) and (3)

of this section. (2) The court that imposes a fine under division (H)(1) of this section shall specify

in the judgment that imposes the fine one or more eligible community addiction services

providers for the support of which the fine money is to be used.  No community addiction services provider shall receive or use money paid or collected

in satisfaction of a fine imposed under division (H)(1) of this section unless the

services provider is specified in the judgment that imposes the fine.  No community addiction services provider shall be specified in the judgment unless

the services provider is an eligible community addiction services provider and, except

as otherwise provided in division (H)(2) of this section, unless the services provider

is located in the county in which the court that imposes the fine is located or in

a county that is immediately contiguous to the county in which that court is located.  If no eligible community addiction services provider is located in any of those

counties, the judgment may specify an eligible community addiction services provider

that is located anywhere within this state. (3) Notwithstanding any contrary provision of section 3719.21 of the Revised Code , the clerk of the court shall pay any fine imposed under division (H)(1) of this

section to the eligible community addiction services provider specified pursuant to

division (H)(2) of this section in the judgment.  The eligible community addiction services provider that receives the fine moneys

shall use the moneys only for the alcohol and drug addiction services identified in

the application for certification of services under section 5119.36 of the Revised Code or in the application for a license under section 5119.37 of the Revised Code filed with the department of mental health and addiction services by the community

addiction services provider specified in the judgment. (4) Each community addiction services provider that receives in a calendar year any fine

moneys under division (H)(3) of this section shall file an annual report covering

that calendar year with the court of common pleas and the board of county commissioners

of the county in which the services provider is located, with the court of common

pleas and the board of county commissioners of each county from which the services

provider received the moneys if that county is different from the county in which

the services provider is located, and with the attorney general.  The community addiction services provider shall file the report no later than the

first day of March in the calendar year following the calendar year in which the services

provider received the fine moneys.  The report shall include statistics on the number of persons served by the community

addiction services provider, identify the types of alcohol and drug addiction services

provided to those persons, and include a specific accounting of the purposes for which

the fine moneys received were used.  No information contained in the report shall identify, or enable a person to determine

the identity of, any person served by the community addiction services provider.  Each report received by a court of common pleas, a board of county commissioners,

or the attorney general is a public record open for inspection under section 149.43 of the Revised Code . (5) As used in divisions (H)(1) to (5) of this section: (a) “Community addiction services provider” and “alcohol and drug addiction services”

have the same meanings as in section 5119.01 of the Revised Code . (b) “ Eligible community addiction services provider ” means a community addiction services provider, including a community addiction services

provider that operates an opioid treatment program licensed under section 5119.37 of the Revised Code . (I) As used in this section, “ drug ” includes any substance that is represented to be a drug. (J) It is an affirmative defense to a charge of trafficking in a controlled substance

analog under division (C)(8) of this section that the person charged with violating

that offense sold or offered to sell, or prepared for shipment, shipped, transported,

delivered, prepared for distribution, or distributed one of the following items that

are excluded from the meaning of “ controlled substance analog ” under section 3719.01 of the Revised Code : (1) A controlled substance; (2) Any substance for which there is an approved new drug application; (3) With respect to a particular person, any substance if an exemption is in effect for

investigational use for that person pursuant to federal law to the extent that conduct

with respect to that substance is pursuant to that exemption.