Ohio § 2925.14

§ 2925.14.

(A) As used in this section, “ drug paraphernalia ” means any equipment, product, or material of any kind that is used by the offender,

intended by the offender for use, or designed for use, in propagating, cultivating,

growing, harvesting, manufacturing, compounding, converting, producing, processing,

preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing,

injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled

substance in violation of this chapter.  “ Drug paraphernalia ” includes, but is not limited to, any of the following equipment, products, or materials

that are used by the offender, intended by the offender for use, or designed by the

offender for use, in any of the following manners: (1) A kit for propagating, cultivating, growing, or harvesting any species of a plant

that is a controlled substance or from which a controlled substance can be derived; (2) A kit for manufacturing, compounding, converting, producing, processing, or preparing

a controlled substance; (3) Any object, instrument, or device for manufacturing, compounding, converting, producing,

processing, or preparing methamphetamine; (4) An isomerization device for increasing the potency of any species of a plant that

is a controlled substance; (5) Testing equipment for identifying, or analyzing the strength, effectiveness, or purity

of, a controlled substance, unless division (D)(4) of this section applies to the

testing equipment; (6) A scale or balance for weighing or measuring a controlled substance; (7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose,

or lactose, for cutting a controlled substance; (8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning

or refining, marihuana; (9) A blender, bowl, container, spoon, or mixing device for compounding a controlled

substance; (10) A capsule, balloon, envelope, or container for packaging small quantities of a controlled

substance; (11) A container or device for storing or concealing a controlled substance; (12) A hypodermic syringe, needle, or instrument for parenterally injecting a controlled

substance into the human body; (13) An object, instrument, or device for ingesting, inhaling, or otherwise introducing

into the human body, marihuana, cocaine, hashish, or hashish oil, such as a metal,

wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or without a screen,

permanent screen, hashish head, or punctured metal bowl;  water pipe;  carburetion

tube or device;  smoking or carburetion mask;  roach clip or similar object used to

hold burning material, such as a marihuana cigarette, that has become too small or

too short to be held in the hand;  miniature cocaine spoon, or cocaine vial;  chamber

pipe;  carburetor pipe;  electric pipe;  air driver pipe;  chillum;  bong;  or ice

pipe or chiller. (B) In determining if any equipment, product, or material is drug paraphernalia, a court

or law enforcement officer shall consider, in addition to other relevant factors,

the following: (1) Any statement by the owner, or by anyone in control, of the equipment, product, or

material, concerning its use; (2) The proximity in time or space of the equipment, product, or material, or of the

act relating to the equipment, product, or material, to a violation of any provision

of this chapter; (3) The proximity of the equipment, product, or material to any controlled substance; (4) The existence of any residue of a controlled substance on the equipment, product,

or material; (5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control,

of the equipment, product, or material, to deliver it to any person whom the owner

or person in control of the equipment, product, or material knows intends to use the

object to facilitate a violation of any provision of this chapter.  A finding that the owner, or anyone in control, of the equipment, product, or material,

is not guilty of a violation of any other provision of this chapter does not prevent

a finding that the equipment, product, or material was intended or designed by the

offender for use as drug paraphernalia. (6) Any oral or written instruction provided with the equipment, product, or material

concerning its use; (7) Any descriptive material accompanying the equipment, product, or material and explaining

or depicting its use; (8) National or local advertising concerning the use of the equipment, product, or material; (9) The manner and circumstances in which the equipment, product, or material is displayed

for sale; (10) Direct or circumstantial evidence of the ratio of the sales of the equipment, product,

or material to the total sales of the business enterprise; (11) The existence and scope of legitimate uses of the equipment, product, or material

in the community; (12) Expert testimony concerning the use of the equipment, product, or material. (C)(1) Subject to divisions (D)(2), (3), and (4) of this section, no person shall knowingly

use, or possess with purpose to use, drug paraphernalia. (2) No person shall knowingly sell, or possess or manufacture with purpose to sell, drug

paraphernalia, if the person knows or reasonably should know that the equipment, product,

or material will be used as drug paraphernalia. (3) No person shall place an advertisement in any newspaper, magazine, handbill, or other

publication that is published and printed and circulates primarily within this state,

if the person knows that the purpose of the advertisement is to promote the illegal

sale in this state of the equipment, product, or material that the offender intended

or designed for use as drug paraphernalia. (D)(1) This section does not apply to 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.  This section shall not be construed to prohibit the possession or use of a hypodermic

as authorized by section 3719.172 of the Revised Code . (2) Division (C)(1) of this section does not apply to a person's use, or possession with

purpose to use, any drug paraphernalia that is equipment, a product, or material of

any kind that is used by the person, intended by the person for use, or designed for

use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise

introducing into the human body marihuana. (3) Division (B)(2) of section 2925.11 of the Revised Code applies with respect to a violation of division (C)(1) of this section when a person

seeks or obtains medical assistance for another person who is experiencing a drug

overdose, a person experiences a drug overdose and seeks medical assistance for that

overdose, or a person is the subject of another person seeking or obtaining medical

assistance for that overdose. (4) Division (C)(1) of this section does not apply to a person's use, or possession with

purpose to use, drug testing strips to determine the presence of fentanyl or a fentanyl-related

compound or any other equipment, product, or material approved by the state board

of pharmacy, in rules adopted under section 4729.261 of the Revised Code , as a type of instrument that demonstrates efficacy in reducing drug poisoning by

determining the presence of a specific compound or group of compounds. (E) Notwithstanding Chapter 2981. of the Revised Code, any drug paraphernalia that was

used, possessed, sold, or manufactured in a violation of this section shall be seized,

after a conviction for that violation shall be forfeited, and upon forfeiture shall

be disposed of pursuant to division (B) of section 2981.12 of the Revised Code . (F)(1) Whoever violates division (C)(1) of this section is guilty of illegal use or possession

of drug paraphernalia, a misdemeanor of the fourth degree. (2) Except as provided in division (F)(3) of this section, whoever violates division

(C)(2) of this section is guilty of dealing in drug paraphernalia, a misdemeanor of

the second degree. (3) Whoever violates division (C)(2) of this section by selling drug paraphernalia to

a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of

the first degree. (4) Whoever violates division (C)(3) of this section is guilty of illegal advertising

of drug paraphernalia, a misdemeanor of the second degree. (G)(1) 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 . If the offender has a driver's or commercial driver's license or permit, section 2929.33 of the Revised Code applies. (2) 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 1 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)(2) of this section, the sentencing

court, in its discretion, may terminate the suspension. 1

 So in original.