(A)Whoever violates section3719.16or3719.161of the Revised Code is guilty of a felony of the fifth degree. If the offender previously has been convicted of a violation of section3719.16or3719.161of the Revised Code or a drug abuse offense, a violation of section3719.16or3719.161of the Revised Code is a felony of the fourth degree. If the violation involves the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, division (D) of this section applies.
(B)Whoever violates division (C) or (D) of section3719.172of the Revised Code is guilty of a felony of the fifth degree. If the offender previously has been convicted of a violation of division (C) or (D) of
Free access — add to your briefcase to read the full text and ask questions with AI
(A) Whoever violates section3719.16or3719.161of the Revised Code is guilty of a felony of the fifth degree. If the offender previously has been convicted of a violation of section3719.16or3719.161of the Revised Code or a drug abuse offense, a violation of section3719.16or3719.161of the Revised Code is a felony of the fourth degree. If the violation involves the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, division (D) of this section applies.
(B) Whoever violates division (C) or (D) of section3719.172of the Revised Code is guilty of a felony of the fifth degree. If the offender previously has been convicted of a violation of division (C) or (D) of section3719.172of the Revised Code or a drug abuse offense, a violation of division (C) or (D) of section3719.172of the Revised Code is a felony of the fourth degree. If the violation involves the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, division (D) of this section applies.
(C) Whoever violates section3719.07or3719.08of the Revised Code is guilty of a misdemeanor of the first degree. If the offender previously has been convicted of a violation of section3719.07or3719.08of the Revised Code or a drug abuse offense, a violation of section3719.07or3719.08of the Revised Code is a felony of the fifth degree. If the violation involves the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and if the offender, as a result of the violation, is a major drug offender, division (D) of this section applies.
(D)(1) If an offender is convicted of or pleads guilty to a felony violation of section3719.07,3719.08,3719.16, or3719.161or of division (C) or (D) of section3719.172of the Revised Code, if the violation 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 authorized or required by division (A), (B), or (C) of this section and sections2929.13and2929.14of the Revised Code and in addition to any other sanction imposed for the offense under sections2929.11to2929.18of the Revised Code, shall impose upon the offender, in accordance with division (B)(3) of section2929.14of the Revised Code, the mandatory prison term specified in that division.
(2) Notwithstanding any contrary provision of section3719.21of the Revised Code, the clerk of the court shall pay any fine imposed for a felony violation of section3719.07,3719.08,3719.16, or3719.161or of division (C) or (D) of section3719.172of the Revised Code 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.
(E) Whoever violates section3719.05,3719.06,3719.13, or3719.31or division (B) of section3719.172of the Revised Code is guilty of a misdemeanor of the third degree. If the offender previously has been convicted of a violation of section3719.05,3719.06,3719.13, or3719.31or division (B) of section3719.172of the Revised Code or a drug abuse offense, a violation of section3719.05,3719.06,3719.13, or3719.31or division (B) of section3719.172of the Revised Code is a misdemeanor of the first degree.
(F) Whoever violates section3719.30of the Revised Code is guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of section3719.30of the Revised Code or a drug abuse offense, a violation of section3719.30of the Revised Code is a misdemeanor of the third degree.
(G) Whoever violates section3719.32or3719.33of the Revised Code is guilty of a minor misdemeanor.
(H) Whoever violates division (K)(2)(b) of section3719.44of the Revised Code is guilty of a felony of the fifth degree.
(I) Whoever violates division (K)(2)(c) of section3719.44of the Revised Code is guilty of a misdemeanor of the second degree.
(J) As used in this section, "major drug offender" has the same meaning as in section2929.01of 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.