Ohio § 2925.05

§ 2925.05.

(A) No person shall knowingly provide money or other items of value to another person

with the purpose that the recipient of the money or items of value use them to obtain

any controlled substance for the purpose of violating section 2925.04 of the Revised Code or for the purpose of selling or offering to sell the controlled substance in the

following amount: (1) If the drug to be sold or offered for sale is any compound, mixture, preparation,

or substance included in schedule I or II, with the exception of marihuana, cocaine,

L.S.D., heroin, any fentanyl-related compound, and hashish, or schedule III, IV, or

V, an amount of the drug that equals or exceeds the bulk amount of the drug; (2) If the drug to be sold or offered for sale is marihuana or a compound, mixture, preparation,

or substance other than hashish containing marihuana, an amount of the marihuana that

equals or exceeds two hundred grams; (3) If the drug to be sold or offered for sale is cocaine or a compound, mixture, preparation,

or substance containing cocaine, an amount of the cocaine that equals or exceeds five

grams; (4) If the drug to be sold or offered for sale is L.S.D. or a compound, mixture, preparation,

or substance containing L.S.D., an amount of the L.S.D. that equals or exceeds ten

unit doses if the L.S.D. is in a solid form or equals or exceeds one gram if the L.S.D.

is in a liquid concentrate, liquid extract, or liquid distillate form; (5) If the drug to be sold or offered for sale is heroin or a fentanyl-related compound,

or a compound, mixture, preparation, or substance containing heroin or a fentanyl-related

compound, an amount that equals or exceeds ten unit doses or equals or exceeds one

gram; (6) If the drug to be sold or offered for sale is hashish or a compound, mixture, preparation,

or substance containing hashish, an amount of the hashish that equals or exceeds ten

grams if the hashish is in a solid form or equals or exceeds two grams if the hashish

is in a liquid concentrate, liquid extract, or liquid distillate form. (B) This section does not apply to any person listed in division (B)(1), (2), or (3)

of section 2925.03 of the Revised Code to the extent and under the circumstances described

in those divisions. (C)(1) If the drug involved in the violation is any compound, mixture, preparation, or substance

included in schedule I or II, with the exception of marihuana, whoever violates division

(A) of this section is guilty of aggravated funding of drug trafficking, a felony

of the first degree, and, subject to division (E) of this section, the court shall

impose as a mandatory prison term a 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 funding of drug trafficking, a felony of the second degree, and the court

shall impose as a mandatory prison term a second degree felony mandatory prison term. (3) If the drug involved in the violation is marihuana, whoever violates division (A)

of this section is guilty of funding of marihuana trafficking, 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 funding of marihuana trafficking 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. (D) In addition to any prison term authorized or required by division (C) or (E) 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) The court shall impose 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.  The clerk of the court shall pay a mandatory fine or other fine imposed for a violation

of this section pursuant to division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code .  The agency that receives the fine shall use the fine in accordance with division (F) of section 2925.03 of the Revised Code .  If a person is charged with a violation of this section, posts bail, and forfeits

the bail, the forfeited bail shall be paid as if the forfeited bail were a fine imposed

for a violation 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) Notwithstanding the prison term otherwise authorized or required for the offense

under division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code , if the violation of division (A) of this section involves the sale, offer to sell,

or possession of a schedule I or II controlled substance, with the exception of marihuana,

one of the following applies: (1) If the drug involved in the violation is a fentanyl-related compound, the offense

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. (2) If division (E)(1) of this section does not apply and the court imposing sentence

upon the offender finds that the offender as a result of the violation is a major

drug offender and is guilty of a specification of the type described in division (A) of section 2941.1410 of the Revised Code , the court, in lieu of the prison term otherwise authorized or required, shall impose

upon the offender the mandatory prison term specified in division (B)(3) of section 2929.14 of the Revised Code . (F) 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 (F) of this section, the sentencing court,

in its discretion, may terminate the suspension.