Ohio § 2925.36

§ 2925.36.

(A) No person shall knowingly furnish another a sample drug. (B) Division (A) of this section does not apply to manufacturers, wholesalers, pharmacists,

owners of pharmacies, licensed health professionals authorized to prescribe drugs,

and other persons whose conduct is in accordance with Chapters 3719., 4715., 4723.,

4725., 4729., 4730., 4731., 4741., and 4772. of the Revised Code. (C)(1) Whoever violates this section is guilty of illegal dispensing of drug samples. (2) If the drug involved in the offense is a compound, mixture, preparation, or substance

included in schedule I or II, with the exception of marihuana, the penalty for the

offense shall be determined as follows: (a) Except as otherwise provided in division (C)(2)(b) of this section, illegal dispensing

of drug samples is a felony of the fifth degree, and, subject to division (E) of this

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

juvenile, illegal dispensing of drug samples is a felony of the fourth degree, and,

subject to division (E) of this section, division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. (3) If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation,

or substance included in schedule III, IV, or V, or is marihuana, the penalty for

the offense shall be determined as follows: (a) Except as otherwise provided in division (C)(3)(b) of this section, illegal dispensing

of drug samples is a misdemeanor of the second degree. (b) If the offense was committed in the vicinity of a school or in the vicinity of a

juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree. (D)(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 (D)(2) of this section, the sentencing

court, in its discretion, may terminate the suspension. (E) Notwithstanding the prison term authorized or required by 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,

and if 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)(a) of section 2929.14 of the Revised Code . (F) 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 .