(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
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(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 section2929.13of 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 section2929.13of 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 section2925.38of the Revised Code.
If the offender has a driver's or commercial driver's license or permit, section2929.33of 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 section4511.19of 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 sections2929.13and2929.14of 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 section2941.1410of 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 section2929.14of the Revised Code.
(F) Notwithstanding any contrary provision of section3719.21of the Revised Code, the clerk of the court shall pay a fine imposed for a violation of this section pursuant to division (A) of section2929.18of the Revised Code in accordance with and subject to the requirements of division (F) of section2925.03of the Revised Code. The agency that receives the fine shall use the fine as specified in division (F) of section2925.03of the Revised Code.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated inR.C. 1.52(B)that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated January 21, 2025 at 11:36 AM