Ohio § 2925.51

§ 2925.51.

(A) In any criminal prosecution for a violation of this chapter or Chapter 3719. of the

Revised Code, a laboratory report from the bureau of criminal identification and investigation,

a laboratory operated by another law enforcement agency, or a laboratory established

by or under the authority of an institution of higher education that has its main

campus in this state and that is accredited by the association of American universities

or the north central association of colleges and secondary schools, primarily for

the purpose of providing scientific services to law enforcement agencies and signed

by the person performing the analysis, stating that the substance that is the basis

of the alleged offense has been weighed and analyzed and stating the findings as to

the content, weight, and identity of the substance and that it contains any amount

of a controlled substance and the number and description of unit dosages, is prima-facie

evidence of the content, identity, and weight or the existence and number of unit

dosages of the substance.  In any criminal prosecution for a violation of section 2925.041 of the Revised Code or a violation of this chapter or Chapter 3719. of the Revised Code that is based

on the possession of chemicals sufficient to produce a compound, mixture, preparation,

or substance included in schedule I, II, III, IV, or V, a laboratory report from the

bureau or from any laboratory that is operated or established as described in this

division that is signed by the person performing the analysis, stating that the substances

that are the basis of the alleged offense have been weighed and analyzed and stating

the findings as to the content, weight, and identity of each of the substances, is

prima-facie evidence of the content, identity, and weight of the substances. Attached to that report shall be a copy of a notarized statement by the signer of

the report giving the name of the signer and stating that the signer is an employee

of the laboratory issuing the report and that performing the analysis is a part of

the signer's regular duties, and giving an outline of the signer's education, training,

and experience for performing an analysis of materials included under this section.  The signer shall attest that scientifically accepted tests were performed with due

caution, and that the evidence was handled in accordance with established and accepted

procedures while in the custody of the laboratory. (B) The prosecuting attorney shall serve a copy of the report on the attorney of record

for the accused, or on the accused if the accused has no attorney, prior to any proceeding

in which the report is to be used against the accused other than at a preliminary

hearing or grand jury proceeding where the report may be used without having been

previously served upon the accused. (C) The report shall not be prima-facie evidence of the contents, identity, and weight

or the existence and number of unit dosages of the substance if the accused or the

accused's attorney demands the testimony of the person signing the report, by serving

the demand upon the prosecuting attorney within seven days from the accused or the

accused's attorney's receipt of the report.  The time may be extended by a trial judge in the interests of justice. (D) Any report issued for use under this section shall contain notice of the right of

the accused to demand, and the manner in which the accused shall demand, the testimony

of the person signing the report. (E) Any person who is accused of a violation of this chapter or of Chapter 3719. of the

Revised Code is entitled, upon written request made to the prosecuting attorney, to

have a portion of the substance that is, or of each of the substances that are, the

basis of the alleged violation preserved for the benefit of independent analysis performed

by a laboratory analyst employed by the accused person, or, if the accused is indigent,

by a qualified laboratory analyst appointed by the court.  Such portion shall be a representative sample of the entire substance that is, or

of each of the substances that are, the basis of the alleged violation and shall be

of sufficient size, in the opinion of the court, to permit the accused's analyst to

make a thorough scientific analysis concerning the identity of the substance or substances.  The prosecuting attorney shall provide the accused's analyst with the sample portion

at least fourteen days prior to trial, unless the trial is to be held in a court not

of record or unless the accused person is charged with a minor misdemeanor, in which

case the prosecuting attorney shall provide the accused's analyst with the sample

portion at least three days prior to trial.  If the prosecuting attorney determines that such a sample portion cannot be preserved

and given to the accused's analyst, the prosecuting attorney shall so inform the accused

person or his attorney.  In such a circumstance, the accused person is entitled, upon written request made

to the prosecuting attorney, to have the accused's privately employed or court appointed

analyst present at an analysis of the substance that is, or the substances that are,

the basis of the alleged violation, and, upon further written request, to receive

copies of all recorded scientific data that result from the analysis and that can

be used by an analyst in arriving at conclusions, findings, or opinions concerning

the identity of the substance or substances subject to the analysis. (F) In addition to the rights provided under division (E) of this section, any person

who is accused of a violation of this chapter or of Chapter 3719. of the Revised Code

that involves a bulk amount of a controlled substance, or any multiple thereof, or

who is accused of a violation of section 2925.11 of the Revised Code , other than a minor misdemeanor violation, that involves marihuana, is entitled,

upon written request made to the prosecuting attorney, to have a laboratory analyst

of the accused's choice, or, if the accused is indigent, a qualified laboratory analyst

appointed by the court present at a measurement or weighing of the substance that

is the basis of the alleged violation.  Also, the accused person is entitled, upon further written request, to receive copies

of all recorded scientific data that result from the measurement or weighing and that

can be used by an analyst in arriving at conclusions, findings, or opinions concerning

the weight, volume, or number of unit doses of the substance subject to the measurement

or weighing.