Ohio § 2925.37

§ 2925.37.

(A) No person shall knowingly possess any counterfeit controlled substance. (B) No person shall knowingly make, sell, offer to sell, or deliver any substance that

the person knows is a counterfeit controlled substance. (C) No person shall make, possess, sell, offer to sell, or deliver any punch, die, plate,

stone, or other device knowing or having reason to know that it will be used to print

or reproduce a trademark, trade name, or other identifying mark upon a counterfeit

controlled substance. (D) No person shall sell, offer to sell, give, or deliver any counterfeit controlled

substance to a juvenile. (E) No person shall directly or indirectly represent a counterfeit controlled substance

as a controlled substance by describing its effects as the physical or psychological

effects associated with use of a controlled substance. (F) No person shall directly or indirectly falsely represent or advertise a counterfeit

controlled substance as a controlled substance.  As used in this division, “ advertise ” means engaging in “advertisement,” as defined in section 3715.01 of the Revised Code . (G) Whoever violates division (A) of this section is guilty of possession of counterfeit

controlled substances, a misdemeanor of the first degree. (H) Whoever violates division (B) or (C) of this section is guilty of trafficking in

counterfeit controlled substances.  Except as otherwise provided in this division, trafficking in counterfeit controlled

substances 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.  If the offense was committed in the vicinity of a school or in the vicinity of a

juvenile, trafficking in counterfeit controlled substances 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. (I) Whoever violates division (D) of this section is guilty of aggravated trafficking

in counterfeit controlled substances.  Except as otherwise provided in this division, aggravated trafficking in counterfeit

controlled substances 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. (J) Whoever violates division (E) of this section is guilty of promoting and encouraging

drug abuse.  Except as otherwise provided in this division, promoting and encouraging drug abuse

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.  If the offense was committed in the vicinity of a school or in the vicinity of a

juvenile, promoting and encouraging drug abuse 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. (K) Whoever violates division (F) of this section is guilty of fraudulent drug advertising.  Except as otherwise provided in this division, fraudulent drug advertising 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.  If the offense was committed in the vicinity of a school or in the vicinity of a

juvenile, fraudulent drug advertising 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. (L)(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 (L)(2) of this section, the sentencing

court, in its discretion, may terminate the suspension. (M) 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 .