(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 assoc
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(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 section3715.01of 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 section2929.13of 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 section2929.13of 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 section2929.13of 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 section2929.13of 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 section2929.13of 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 section2929.13of 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 section2929.13of 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 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 (L)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(M) 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.
Last updated January 28, 2025 at 12:59 PM