Ohio § 2925.22

§ 2925.22.

(A) No person, by deception, shall procure the administration of, a prescription for,

or the dispensing of, a dangerous drug or shall possess an uncompleted preprinted

prescription blank used for writing a prescription for a dangerous drug. (B) Whoever violates this section is guilty of deception to obtain a dangerous drug.  The penalty for the offense shall be determined as follows: (1) If the person possesses an uncompleted preprinted prescription blank used for writing

a prescription for a dangerous drug or if the drug involved is a dangerous drug, except

as otherwise provided in division (B)(2) or (3) of this section, deception to obtain

a dangerous drug is a felony of the fifth degree or, if the offender previously has

been convicted of or pleaded guilty to a drug abuse offense, a felony of the fourth

degree. Division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender pursuant to

this division. (2) If the drug involved is a compound, mixture, preparation, or substance included in

schedule I or II, with the exception of marihuana, the penalty for deception to obtain

drugs is one of the following: (a) Except as otherwise provided in division (B)(2)(b), (c), or (d) of this section,

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

than five times the bulk amount, or if the amount of the drug involved that could

be obtained pursuant to the prescription would equal or exceed the bulk amount but

would be less than five times the bulk amount, it 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, or if the amount of the drug involved that

could be obtained pursuant to the prescription would equal or exceed five times the

bulk amount but would be less than fifty times the bulk amount, it is a felony of

the second 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,

or if the amount of the drug involved that could be obtained pursuant to the prescription

would equal or exceed fifty times the bulk amount, it is a felony of the first degree,

and there is a presumption for a prison term for the offense. (3) If the drug involved is a compound, mixture, preparation, or substance included in

schedule III, IV, or V or is marihuana, the penalty for deception to obtain a dangerous

drug is one of the following: (a) Except as otherwise provided in division (B)(3)(b), (c), or (d) of this section,

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

than five times the bulk amount, or if the amount of the drug involved that could

be obtained pursuant to the prescription would equal or exceed the bulk amount but

would be less than five times the bulk amount, it 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, or if the amount of the drug involved that

could be obtained pursuant to the prescription would equal or exceed five times the

bulk amount but would be less than fifty times the bulk amount, it 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,

or if the amount of the drug involved that could be obtained pursuant to the prescription

would equal or exceed fifty times the bulk amount, it is a felony of the second degree,

and there is a presumption for a prison term for the offense. (C)(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 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 (C)(2) of this section, the sentencing

court, in its discretion, may terminate the suspension. (D) Notwithstanding any contrary provision of section 3719.21 of the Revised Code , the clerk of the court shall pay a 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 .