(A) Whoever violates division (H) of section4729.16, division (G) of section4729.38, division (I) of section4729.382, section4729.57, or division (F) of section4729.96of the Revised Code is guilty of a minor misdemeanor, unless a different penalty is otherwise specified in the Revised Code. Each day's violation constitutes a separate offense.
(B) Whoever violates section4729.27,4729.28, or4729.36of the Revised Code is guilty of a misdemeanor of the third degree. Each day's violation constitutes a separate offense. If the offender previously has been convicted of or pleaded guilty to a violation of this chapter, that person is guilty of a misdemeanor of the second degree.
(C) Whoever violates section4729.32,4729.33, or4729.34of the Revised Code is guilty of a misdemeanor.
(D) Whoever violates division (A), (B), (C), (D), (F), or (G) of section4729.51of the Revised Code is guilty of a misdemeanor of the first degree.
(E)(1) Whoever violates section4729.37, division (E)(1)(b) of section4729.51, division (J) of section4729.54, or section4729.61of the Revised Code is guilty of a felony of the fifth degree. If the offender previously has been convicted of or pleaded guilty to a violation of this chapter or a violation of Chapter 2925. or 3719. of the Revised Code, that person is guilty of a felony of the fourth degree.
(2) If an offender is convicted of or pleads guilty to a violation of section4729.37, division (E) of section4729.51, division (J) of section4729.54, or section4729.61of 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, as defined in section2929.01of the Revised Code, 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 (E)(1) 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.
(3) Notwithstanding any contrary provision of section3719.21of the Revised Code, the clerk of court shall pay any fine imposed for a violation of section4729.37, division (E) of section4729.51, division (J) of section4729.54, or section4729.61of 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.
(F) Whoever violates section4729.531of the Revised Code or any rule adopted thereunder or section4729.532of the Revised Code is guilty of a misdemeanor of the first degree.
(G) Whoever violates division (E)(1)(a) of section4729.51of the Revised Code is guilty of a felony of the fourth degree. If the offender has previously been convicted of or pleaded guilty to a violation of this chapter, or of a violation of Chapter 2925. or 3719. of the Revised Code, that person is guilty of a felony of the third degree.
(H) Whoever violates division (E)(1)(c) of section4729.51of the Revised Code is guilty of a misdemeanor of the first degree. If the offender has previously been convicted of or pleaded guilty to a violation of this chapter, or of a violation of Chapter 2925. or 3719. of the Revised Code, that person is guilty of a felony of the fifth degree.
(I)(1) Whoever violates division (A) of section4729.95of the Revised Code is guilty of unauthorized pharmacy-related drug conduct. Except as otherwise provided in this section, unauthorized pharmacy-related drug conduct is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A), (B), or (C) of that section, unauthorized pharmacy-related drug conduct is a misdemeanor of the first degree on a second offense and a felony of the fifth degree on a third or subsequent offense.
(2) Whoever violates division (B) or (C) of section4729.95of the Revised Code is guilty of permitting unauthorized pharmacy-related drug conduct. Except as otherwise provided in this section, permitting unauthorized pharmacy-related drug conduct is a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to a violation of division (A), (B), or (C) of that section, permitting unauthorized pharmacy-related drug conduct is a misdemeanor of the first degree on a second offense and a felony of the fifth degree on a third or subsequent offense.
(3) Notwithstanding any contrary provision of section3719.21of the Revised Code or any other provision of law that governs the distribution of fines, the clerk of the court shall pay any fine imposed pursuant to division (I)(1) or (2) of this section to the state board of pharmacy if the board has adopted a written internal control policy under division (F)(2) of section2925.03of the Revised Code that addresses fine moneys that it receives under Chapter 2925. of the Revised Code and if the policy also addresses fine moneys paid under this division. The state board of pharmacy shall use the fines so paid in accordance with the written internal control policy to subsidize the board's law enforcement efforts that pertain to drug offenses.
(J)(1) Whoever violates division (A)(1) of section4729.86of the Revised Code is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of or pleaded guilty to a violation of division (A)(1), (2), or (3) of section4729.86of the Revised Code, that person is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (A)(2) of section4729.86of the Revised Code is guilty of a misdemeanor of the first degree. If the offender has previously been convicted of or pleaded guilty to a violation of division (A)(1), (2), or (3) of section4729.86of the Revised Code, that person is guilty of a felony of the fifth degree.
(3) Whoever violates division (A)(3) of section4729.86of the Revised Code is guilty of a felony of the fifth degree. If the offender has previously been convicted of or pleaded guilty to a violation of division (A)(1), (2), or (3) of section4729.86of the Revised Code, that person is guilty of a felony of the fourth degree.
(K) A person who violates division (C) of section4729.552of the Revised Code is guilty of a misdemeanor of the first degree. If the person previously has been convicted of or pleaded guilty to a violation of division (C) of section4729.552of the Revised Code, that person is guilty of a felony of the fifth degree.
Last updated September 25, 2023 at 10:18 AM