Ohio § 2925.11

§ 2925.11.

(A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled

substance analog. (B)(1) This section does not apply to any of the following: (a) Manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists,

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

3719., 4715., 4723., 4729., 4730., 4731., 4741., and 4772. of the Revised Code; (b) 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; (c) 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; (d) Any person who obtained the controlled substance pursuant to a prescription issued

by a licensed health professional authorized to prescribe drugs if the prescription

was issued for a legitimate medical purpose and not altered, forged, or obtained through

deception or commission of a theft offense. As used in division (B)(1)(d) of this section, “deception” and “theft offense” have

the same meanings as in section 2913.01 of the Revised Code . (2)(a) As used in division (B)(2) of this section: (i) “Community addiction services provider” has the same meaning as in section 5119.01 of the Revised Code . (ii) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code . (iii) “Health care facility” has the same meaning as in section 2919.16 of the Revised Code . (iv) “ Minor drug possession offense ” means a violation of this section that is a misdemeanor or a felony of the fifth

degree. (v) “Post-release control sanction” has the same meaning as in section 2967.28 of the Revised Code . (vi) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code . (vii) “Public agency” has the same meaning as in section 2930.01 of the Revised Code . (viii) “ Qualified individual ” means a person who is acting in good faith who seeks or obtains medical assistance

for another person who is experiencing a drug overdose, a person who experiences a

drug overdose and who seeks medical assistance for that overdose, or a person who

is the subject of another person seeking or obtaining medical assistance for that

overdose as described in division (B)(2)(b) of this section. (ix) “ Seek or obtain medical assistance ” includes, but is not limited to making a 9-1-1 call, contacting in person or by

telephone call an on-duty peace officer, or transporting or presenting a person to

a health care facility. (b) Subject to division (B)(2)(e) of this section, a qualified individual shall not be

arrested, charged, prosecuted, convicted, or penalized pursuant to this chapter for

a minor drug possession offense or a violation of section 2925.12, division (C)(1) of section 2925.14 , or section 2925.141 of the Revised Code if all of the following apply: (i) The evidence of the obtaining, possession, or use of the controlled substance or

controlled substance analog, drug abuse instruments, or drug paraphernalia that would

be the basis of the offense was obtained as a result of the qualified individual seeking

the medical assistance or experiencing an overdose and needing medical assistance. (ii) Subject to division (B)(2)(f) of this section, within thirty days after seeking or

obtaining the medical assistance, the qualified individual seeks and obtains a screening

and receives a referral for treatment from a community addiction services provider

or a properly credentialed addiction treatment professional. (iii) Subject to division (B)(2)(f) of this section, the qualified individual who obtains

a screening and receives a referral for treatment under division (B)(2)(b)(ii) of

this section, upon the request of any prosecuting attorney, submits documentation

to the prosecuting attorney that verifies that the qualified individual satisfied

the requirements of that division.  The documentation shall be limited to the date and time of the screening obtained

and referral received. (c) If a person who is serving a community control sanction or is under a sanction on

post-release control acts pursuant to division (B)(2)(b) of this section, then division (B) of section 2929.141 , division (B)(2) of section 2929.15 , division (D)(3) of section 2929.25 , or division (F)(3) of section 2967.28 of the Revised Code applies to the person with respect to any violation of the sanction or post-release

control sanction based on a minor drug possession offense, as defined in section 2925.11 of the Revised Code , or a violation of section 2925.12, division (C)(1) of section 2925.14 , or section 2925.141 of the Revised Code . (d) Nothing in division (B)(2)(b) of this section shall be construed to do any of the

following: (i) Limit the admissibility of any evidence in connection with the investigation or prosecution

of a crime with regards to a defendant who does not qualify for the protections of

division (B)(2)(b) of this section or with regards to any crime other than a minor

drug possession offense or a violation of section 2925.12, division (C)(1) of section 2925.14 , or section 2925.141 of the Revised Code committed by a person who qualifies for protection pursuant to division (B)(2)(b)

of this section; (ii) Limit any seizure of evidence or contraband otherwise permitted by law; (iii) Limit or abridge the authority of a peace officer to detain or take into custody

a person in the course of an investigation or to effectuate an arrest for any offense

except as provided in that division; (iv) Limit, modify, or remove any immunity from liability available pursuant to law in

effect prior to September 13, 2016, to any public agency or to an employee of any

public agency. (e) Division (B)(2)(b) of this section does not apply to any person who twice previously

has been granted an immunity under division (B)(2)(b) of this section.  No person shall be granted an immunity under division (B)(2)(b) of this section

more than two times. (f) Nothing in this section shall compel any qualified individual to disclose protected

health information in a way that conflicts with the requirements of the “Health Insurance

Portability and Accountability Act of 1996,” 104 Pub. L. No. 191, 110 Stat. 2021, 42 U.S.C. 1320d et seq., as amended, and regulations promulgated by the United States department of health

and human services to implement the act or the requirements of 42 C.F.R. Part 2 . (C) Whoever violates division (A) of this section is guilty of one of the following: (1) If the drug involved in the violation is a 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, hashish, and any controlled substance analog, whoever

violates division (A) of this section is guilty of aggravated possession of drugs.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(1)(b), (c), (d), or (e) of this section,

aggravated possession of 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) If the amount of the drug involved equals or exceeds the bulk amount but is less

than five times the bulk amount, aggravated possession of drugs is a felony of the

third degree, and there is a presumption for a prison term for the offense. (c) 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 possession of 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) 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, aggravated possession of 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 one hundred times the bulk amount,

aggravated possession of 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 a compound, mixture, preparation, or substance

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

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

possession of drugs is a misdemeanor of the first degree or, if the offender previously

has been convicted of a drug abuse offense, a felony of the fifth degree. (b) If the amount of the drug involved equals or exceeds the bulk amount but is less

than five times the bulk amount, possession of 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) If the amount of the drug involved equals or exceeds five times the bulk amount but

is less than fifty times the bulk amount, possession of drugs is a felony of the third

degree, and there is a presumption for a prison term for the offense. (d) If the amount of the drug involved equals or exceeds fifty times the bulk amount,

possession of drugs is a felony of the second degree, and the court shall impose upon

the offender as a mandatory prison term a second 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 possession of 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), or (g) of

this section, possession of marihuana is a minor misdemeanor. (b) If the amount of the drug involved equals or exceeds one hundred grams but is less

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

than one thousand grams, possession of 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. (d) If the amount of the drug involved equals or exceeds one thousand grams but is less

than five thousand grams, possession of 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. (e) If the amount of the drug involved equals or exceeds five thousand grams but is less

than twenty thousand grams, possession of marihuana is a felony of the third degree,

and there is a presumption that a prison term shall be imposed for the offense. (f) If the amount of the drug involved equals or exceeds twenty thousand grams but is

less than forty thousand grams, possession of 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. (g) If the amount of the drug involved equals or exceeds forty thousand grams, possession

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

section, possession of 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) If the amount of the drug involved equals or exceeds five grams but is less than

ten grams of cocaine, possession of 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 on the offender. (c) If the amount of the drug involved equals or exceeds ten grams but is less than twenty

grams of cocaine, possession of 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 possession of 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. (d) If the amount of the drug involved equals or exceeds twenty grams but is less than

twenty-seven grams of cocaine, possession of 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) If the amount of the drug involved equals or exceeds twenty-seven grams but is less

than one hundred grams of cocaine, possession of 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 one hundred grams of cocaine,

possession of 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., whoever violates division (A) of

this section is guilty of possession of 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), or (f) of this

section, possession of 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) If the amount of L.S.D. 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, possession of 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) If the amount of L.S.D. 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, possession of L.S.D. is a felony of the third

degree, and there is a presumption for a prison term for the offense. (d) If the amount of L.S.D. 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, possession of 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) If the amount of L.S.D. 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, possession of 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 L.S.D. 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, possession of 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 possession of heroin.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(6)(b), (c), (d), (e), or (f) of this

section, possession of 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) 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, possession

of 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) 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,

possession of heroin is a felony of the third degree, and there is a presumption for

a prison term for the offense. (d) 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, possession of 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. (e) 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, possession of 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 one thousand unit doses or equals

or exceeds one hundred grams, possession of 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 possession of 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, possession of hashish is a minor misdemeanor. (b) If the amount of the drug involved equals or exceeds five grams but is less than

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

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

form, possession of hashish is a misdemeanor of the fourth degree. (c) 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,

possession of 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. (d) 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, possession of 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. (e) 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, possession of hashish is a felony of the third

degree, and there is a presumption that a prison term shall be imposed for the offense. (f) 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, possession of 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. (g) 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, possession of 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. (8) If the drug involved 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 possession of 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), or (f) of this

section, possession of a controlled substance analog 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) If the amount of the drug involved equals or exceeds ten grams but is less than twenty

grams, possession of a controlled substance analog is a felony of the fourth degree,

and there is a presumption for a prison term for the offense. (c) If the amount of the drug involved equals or exceeds twenty grams but is less than

thirty grams, possession of a controlled substance analog is a felony of the third

degree, and there is a presumption for a prison term for the offense. (d) If the amount of the drug involved equals or exceeds thirty grams but is less than

forty grams, possession of 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. (e) If the amount of the drug involved equals or exceeds forty grams but is less than

fifty grams, possession of 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 fifty grams, possession of 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 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)(9)(b) of this section, the offender

is guilty of possession of marihuana and shall be punished as provided in division

(C)(3) of this section.  Except as otherwise provided in division (C)(9)(b) of this section, the offender

is not guilty of possession of a fentanyl-related compound under division (C)(11)

of this section and shall not be charged with, convicted of, or punished under division

(C)(11) of this section for possession of 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 possession of a fentanyl-related compound and shall be punished under

division (C)(11) of this section. (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 any schedule III, schedule

IV, or schedule V controlled substance that is not a fentanyl-related compound, one

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

is guilty of possession of drugs and shall be punished as provided in division (C)(2)

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

is not guilty of possession of a fentanyl-related compound under division (C)(11)

of this section and shall not be charged with, convicted of, or punished under division

(C)(11) of this section for possession of 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 possession of a fentanyl-related compound and shall be punished under

division (C)(11) of this section. (11) If the drug involved in the violation is a fentanyl-related compound and neither

division (C)(9)(a) nor division (C)(10)(a) of this section applies to the drug involved,

or is a compound, mixture, preparation, or substance that contains a fentanyl-related

compound or is a combination of a fentanyl-related compound and any other controlled

substance and neither division (C)(9)(a) nor division (C)(10)(a) of this section applies

to the drug involved, whoever violates division (A) of this section is guilty of possession

of a fentanyl-related compound.  The penalty for the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(11)(b), (c), (d), (e), (f), or (g) of

this section, possession of 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) 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, possession

of 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) 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,

possession of a fentanyl-related compound is a felony of the third degree, and there

is a presumption for a prison term for the offense. (d) 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, possession of 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. (e) 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, possession of 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 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, possession of 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. (g) If the amount of the drug involved equals or exceeds one thousand unit doses or equals

or exceeds one hundred grams, possession of 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. (D) Arrest or conviction for a minor misdemeanor violation of this section does not constitute

a criminal record and need not be reported by the person so arrested or convicted

in response to any inquiries about the person's criminal record, including any inquiries

contained in any application for employment, license, or other right or privilege,

or made in connection with the person's appearance as a witness. (E) In addition to any prison term or jail term authorized or required by division (C)

of this section and sections 2929.13 , 2929.14 , 2929.22 , 2929.24 , and 2929.25 of the Revised Code and in addition to any other sanction that is imposed for the offense under this

section, sections 2929.11 to 2929.18 , or sections 2929.21 to 2929.28 of the Revised Code , if applicable, the court also shall do the following: (1)(a) If the violation 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. (b) Notwithstanding any contrary provision of section 3719.21 of the Revised Code , 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 as specified in division (F) of section 2925.03 of the Revised Code . (c) 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 shall pay the

forfeited bail pursuant to division (E)(1)(b) of this section as if it were a mandatory

fine imposed under division (E)(1)(a) of this section. (2) If the offender is a professionally licensed person, in addition to any other sanction

imposed for a violation of this section, 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. (F) It is an affirmative defense, as provided in section 2901.05 of the Revised Code , to a charge of a fourth degree felony violation under this section that the controlled

substance that gave rise to the charge is in an amount, is in a form, is prepared,

compounded, or mixed with substances that are not controlled substances in a manner,

or is possessed under any other circumstances, that indicate that the substance was

possessed solely for personal use.  Notwithstanding any contrary provision of this section, if, in accordance with section 2901.05 of the Revised Code , an accused who is charged with a fourth degree felony violation of division (C)(2),

(4), (5), or (6) of this section sustains the burden of going forward with evidence

of and establishes by a preponderance of the evidence the affirmative defense described

in this division, the accused may be prosecuted for and may plead guilty to or be

convicted of a misdemeanor violation of division (C)(2) of this section or a fifth

degree felony violation of division (C)(4), (5), or (6) of this section respectively. (G) When a person is charged with possessing a bulk amount or multiple of a bulk amount, division (E) of section 2925.03 of the Revised Code applies regarding the determination of the amount of the controlled substance involved

at the time of the offense. (H) It is an affirmative defense to a charge of possession of a controlled substance

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

that offense obtained, possessed, or used 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. (I) 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 (I) of this section, the sentencing court,

in its discretion, may terminate the suspension.