Regards drug trafficking, human trafficking, and fentanyl

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 88

2025-2026

Representatives Abrams, Plummer

Cosponsors: Representatives
Swearingen, Barhorst, Bird, Brennan, Click, Daniels, Deeter, Dovilla,
Fischer, Ghanbari, Gross, Hall, D., Hall, T., Hiner, Holmes, John,
Johnson, Lampton, Mathews, A., Mathews, T., Miller, K., Miller, M.,
Newman, Odioso, Oelslager, Ray, Richardson, Ritter, Robb Blasdel,
Salvo, Santucci, Schmidt, Sigrist, Stephens, Thomas, C., White, A.,
Williams, Willis, Workman, Young

To
amend sections 2923.31, 2925.01, 2925.03, 2925.11, 2929.14, 3313.60,
3314.03, 3326.11, 3328.24, and 3705.08 and to enact sections 5.57,
2941.1427, 3313.6031, 3313.6032, and 3345.372 of the Revised Code
to
modify penalties for drug trafficking and possession, to require
schools and institutions of higher education to incorporate
instruction and policies on fentanyl awareness and abuse prevention,
and to designate the month of August as "Fentanyl Poisoning
Awareness Month."

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2923.31, 2925.01, 2925.03, 2925.11, 2929.14, 3313.60,
3314.03, 3326.11, 3328.24, and 3705.08 be amended and sections 5.57,
2941.1427, 3313.6031, 3313.6032, and 3345.372 of the Revised Code be
enacted to read as follows:

Sec.
5.57.
The
month of August is designated as "Fentanyl Poisoning Awareness
Month" to increase awareness of the dangers of fentanyl and
potential overdoses.

Sec.
2923.31.
As
used in sections 2923.31 to 2923.36 of the Revised Code:

(A)
"Beneficial interest" means any of the following:

(1)
The interest of a person as a beneficiary under a trust in which the
trustee holds title to personal or real property;

(2)
The interest of a person as a beneficiary under any other trust
arrangement under which any other person holds title to personal or
real property for the benefit of such person;

(3)
The interest of a person under any other form of express fiduciary
arrangement under which any other person holds title to personal or
real property for the benefit of such person.

"Beneficial
interest" does not include the interest of a stockholder in a
corporation or the interest of a partner in either a general or
limited partnership.

(B)
"Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections 2923.31
to 2923.36 of the Revised Code in the prosecution and investigation
of any criminal action or in the litigation and investigation of any
civil action, and includes, but is not limited to, the costs of
resources and personnel.

(C)
"Enterprise" includes any individual, sole proprietorship,
partnership, limited partnership, corporation, trust, union,
government agency, or other legal entity, or any organization,
association, or group of persons associated in fact although not a
legal entity. "Enterprise" includes illicit as well as
licit enterprises.

An "enterprise" may be proved by evidence that the accused
was acting alone or in concert with others at the time of the
commission of the offense.

(D)
"Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section 2923.32
of the Revised Code, including any person who establishes a valid
claim to or interest in the property in accordance with division (E)
of section 2981.04 of the Revised Code, and any victim of an alleged
violation of that section or of any underlying offense involved in an
alleged violation of that section.

(E)
"Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same enterprise,
are not isolated, and are not so closely related to each other and
connected in time and place that they constitute a single event.

At
least one of the incidents forming the pattern shall occur on or
after January 1, 1986. Unless any incident was an aggravated murder
or murder, the last of the incidents forming the pattern shall occur
within six years after the commission of any prior incident forming
the pattern, excluding any period of imprisonment served by any
person engaging in the corrupt activity.

For
the purposes of the criminal penalties that may be imposed pursuant
to section 2923.32 of the Revised Code, at least one of the incidents
forming the pattern shall constitute a felony under the laws of this
state in existence at the time it was committed or, if committed in
violation of the laws of the United States or of any other state,
shall constitute a felony under the law of the United States or the
other state and would be a criminal offense under the law of this
state if committed in this state.

(F)
"Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section 1.03
of the Revised Code, or any other property or service that has a
value in excess of one hundred dollars.

(G)
"Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or entity.

(H)
"Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in personal
property are deemed to be located where the trustee of the property,
the personal property, or the instrument evidencing the right is
located.

(I)
"Corrupt activity" means engaging in, attempting to engage
in, conspiring to engage in, or soliciting, coercing, or intimidating
another person to engage in any of the following:

(1)
Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18
U.S.C. 1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;

(2)
Conduct constituting any of the following:

(a)
A violation of section 1315.55, 1322.07, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2905.01, 2905.02, 2905.11, 2905.22,
2905.32 as specified in division (I)(2)(g) of this section, 2907.321,
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,
2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2913.05, 2913.06, 2913.30, 2921.02,
2921.03, 2921.04, 2921.11, 2921.12, 2921.32, 2921.41, 2921.42,
2921.43, 2923.12, or 2923.17; division (F)(1)(a), (b), or (c) of
section 1315.53; division (A)(1) or (2) of section 1707.042; division
(B), (C)(4), (D), (E), or (F) of section 1707.44; division (A)(1) or
(2) of section 2923.20; division (E) or (G) of section 3772.99;
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or
4719.06; division (C), (D), or (E) of section 4719.07; section
4719.08; or division (A) of section 4719.09 of the Revised Code.

(b)
Any violation of section 3769.11, 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to July 1, 1996, any violation of
section 2915.02 of the Revised Code that occurs on or after July 1,
1996, and that, had it occurred prior to that date, would have been a
violation of section 3769.11 of the Revised Code as it existed prior
to that date, or any violation of section 2915.05 of the Revised Code
that occurs on or after July 1, 1996, and that, had it occurred prior
to that date, would have been a violation of section 3769.15,
3769.16, or 3769.19 of the Revised Code as it existed prior to that
date.

(c)
Any violation of section 2907.21, 2907.22, 2907.31, 2913.02, 2913.11,
2913.21, 2913.31, 2913.32, 2913.34, 2913.42, 2913.47, 2913.51,
2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 of the Revised Code,
any violation of section 2925.11 of the Revised Code that is a felony
of the first, second, third, or fourth degree and that occurs on or
after July 1, 1996, any violation of section 2915.02 of the Revised
Code that occurred prior to July 1, 1996, any violation of section
2915.02 of the Revised Code that occurs on or after July 1, 1996, and
that, had it occurred prior to that date, would not have been a
violation of section 3769.11 of the Revised Code as it existed prior
to that date, any violation of section 2915.06 of the Revised Code as
it existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July 1,
1996, when the proceeds of the violation, the payments made in the
violation, the amount of a claim for payment or for any other benefit
that is false or deceptive and that is involved in the violation, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation exceeds one thousand dollars, or
any combination of violations described in division (I)(2)(c) of this
section when the total proceeds of the combination of violations,
payments made in the combination of violations, amount of the claims
for payment or for other benefits that is false or deceptive and that
is involved in the combination of violations, or value of the
contraband or other property illegally possessed, sold, or purchased
in the combination of violations exceeds one thousand dollars;

(d)
Any violation of section 5743.112 of the Revised Code when the amount
of unpaid tax exceeds one hundred dollars;

(e)
Any violation or combination of violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the violation or combination of violations, the payments made in the
violation or combination of violations, or the value of the
contraband or other property illegally possessed, sold, or purchased
in the violation or combination of violations exceeds one thousand
dollars;

(f)
Any combination of violations described in division (I)(2)(c) of this
section and violations of section 2907.32 of the Revised Code
involving any material or performance containing a display of
bestiality or of sexual conduct, as defined in section 2907.01 of the
Revised Code, that is explicit and depicted with clearly visible
penetration of the genitals or clearly visible penetration by the
penis of any orifice when the total proceeds of the combination of
violations, payments made in the combination of violations, amount of
the claims for payment or for other benefits that is false or
deceptive and that is involved in the combination of violations, or
value of the contraband or other property illegally possessed, sold,
or purchased in the combination of violations exceeds one thousand
dollars;

(g)
Any violation of section 2905.32 of the Revised Code to the extent
the violation is not based solely on the same conduct that
constitutes corrupt activity pursuant to division (I)(2)(c) of this
section due to the conduct being in violation of section 2907.21 of
the Revised Code.

(3)
Conduct constituting a violation of any law of any state other than
this state that is substantially similar to the conduct described in
division (I)(2) of this section, provided the defendant was convicted
of the conduct in a criminal proceeding in the other state;

(4)
Animal or ecological terrorism;

(5)(a)
Conduct constituting any of the following:

(i)
Organized retail theft;

(ii)
Conduct that constitutes one or more violations of any law of any
state other than this state, that is substantially similar to
organized retail theft, and that if committed in this state would be
organized retail theft, if the defendant was convicted of or pleaded
guilty to the conduct in a criminal proceeding in the other state.

(b)
By enacting division (I)(5)(a) of this section, it is the intent of
the general assembly to add organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity. The enactment of division (I)(5)(a) of
this section and the addition by division (I)(5)(a) of this section
of organized retail theft and the conduct described in division
(I)(5)(a)(ii) of this section as conduct constituting corrupt
activity does not limit or preclude, and shall not be construed as
limiting or precluding, any prosecution for a violation of section
2923.32 of the Revised Code that is based on one or more violations
of section 2913.02 or 2913.51 of the Revised Code, one or more
similar offenses under the laws of this state or any other state, or
any combination of any of those violations or similar offenses, even
though the conduct constituting the basis for those violations or
offenses could be construed as also constituting organized retail
theft or conduct of the type described in division (I)(5)(a)(ii) of
this section.

(J)
"Real property" means any real property or any interest in
real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.

(K)
"Trustee" means any of the following:

(1)
Any person acting as trustee under a trust in which the trustee holds
title to personal or real property;

(2)
Any person who holds title to personal or real property for which any
other person has a beneficial interest;

(3)
Any successor trustee.

"Trustee"
does not include an assignee or trustee for an insolvent debtor or an
executor, administrator, administrator with the will annexed,
testamentary trustee, guardian, or committee, appointed by, under the
control of, or accountable to a court.

(L)
"Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt was
incurred or contracted in violation of any federal or state law
relating to the business of gambling activity or relating to the
business of lending money at an usurious rate unless the creditor
proves, by a preponderance of the evidence, that the usurious rate
was not intentionally set and that it resulted from a good faith
error by the creditor, notwithstanding the maintenance of procedures
that were adopted by the creditor to avoid an error of that nature.

(M)
"Animal activity" means any activity that involves the use
of animals or animal parts, including, but not limited to, hunting,
fishing, trapping, traveling, camping, the production, preparation,
or processing of food or food products, clothing or garment
manufacturing, medical research, other research, entertainment,
recreation, agriculture, biotechnology, or service activity that
involves the use of animals or animal parts.

(N)
"Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement park,
hunting preserve, or premises in which a horse or dog event is held.

(O)
"Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly weapon
or dangerous ordnance, or purposely, knowingly, or recklessly causing
serious physical harm to property and that involves an intent to
obstruct, impede, or deter any person from participating in a lawful
animal activity, from mining, foresting, harvesting, gathering, or
processing natural resources, or from being lawfully present in or on
an animal facility or research facility.

(P)
"Research facility" means a place, laboratory, institution,
medical care facility, government facility, or public or private
educational institution in which a scientific test, experiment, or
investigation involving the use of animals or other living organisms
is lawfully carried out, conducted, or attempted.

(Q)
"Organized retail theft" means the theft of retail property
with a retail value of one thousand dollars or more from one or more
retail establishments with the intent to sell, deliver, or transfer
that property to a retail property fence.

(R)
"Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.

(S)
"Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was represented
to the person as being stolen or that the person knows or believes to
be stolen.

(T)
"Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail property
equals or exceeds one thousand dollars, the value of all retail
property stolen from the retail establishment or retail
establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.

Sec.
2925.01.
As
used in this chapter:

(A)
"Administer," "controlled substance," "controlled
substance analog," "dispense," "distribute,"
"hypodermic," "manufacturer," "official
written order," "person," "pharmacist,"
"pharmacy," "sale," "schedule I,"
"schedule II," "schedule III," "schedule
IV," "schedule V," and "wholesaler" have the
same meanings as in section 3719.01 of the Revised Code.

(B)
"Drug of abuse" and "person with a drug dependency"
have the same meanings as in section 3719.011 of the Revised Code.

(C)
"Drug," "dangerous drug," "licensed health
professional authorized to prescribe drugs," and "prescription"
have the same meanings as in section 4729.01 of the Revised Code.

(D)
"Bulk amount" of a controlled substance means any of the
following:

(1)
For any compound, mixture, preparation, or substance included in
schedule I, schedule II, or schedule III, with the exception of any
controlled substance analog, marihuana, cocaine, L.S.D., heroin, any
fentanyl-related compound, and hashish and except as provided in
division (D)(2)
,

or

(5)
,
or (6)

of this section, whichever of the following is applicable:

(a)
An amount equal to or exceeding ten grams or twenty-five unit doses
of a compound, mixture, preparation, or substance that is or contains
any amount of a schedule I opiate or opium derivative;

(b)
An amount equal to or exceeding ten grams of a compound, mixture,
preparation, or substance that is or contains any amount of raw or
gum opium;

(c)
An amount equal to or exceeding thirty grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of a schedule I hallucinogen other than tetrahydrocannabinol
or lysergic acid amide, or a schedule I stimulant or depressant;

(d)
An amount equal to or exceeding twenty grams or five times the
maximum daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation,
or substance that is or contains any amount of a schedule II opiate
or opium derivative;

(e)
An amount equal to or exceeding five grams or ten unit doses of a
compound, mixture, preparation, or substance that is or contains any
amount of phencyclidine;

(f)
An amount equal to or exceeding one hundred twenty grams or thirty
times the maximum daily dose in the usual dose range specified in a
standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II stimulant that is in a final dosage form manufactured by
a person authorized by the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and the
federal drug abuse control laws, as defined in section 3719.01 of the
Revised Code, that is or contains any amount of a schedule II
depressant substance or a schedule II hallucinogenic substance;

(g)
An amount equal to or exceeding three grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule II stimulant, or any of its salts or isomers, that is not in
a final dosage form manufactured by a person authorized by the
Federal Food, Drug, and Cosmetic Act and the federal drug abuse
control laws.

(2)
An amount equal to or exceeding one hundred twenty grams or thirty
times the maximum daily dose in the usual dose range specified in a
standard pharmaceutical reference manual of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III or IV substance other than an anabolic steroid or a
schedule III opiate or opium derivative;

(3)
An amount equal to or exceeding twenty grams or five times the
maximum daily dose in the usual dose range specified in a standard
pharmaceutical reference manual of a compound, mixture, preparation,
or substance that is or contains any amount of a schedule III opiate
or opium derivative;

(4)
An amount equal to or exceeding two hundred fifty milliliters or two
hundred fifty grams of a compound, mixture, preparation, or substance
that is or contains any amount of a schedule V substance;

(5)
An amount equal to or exceeding two hundred solid dosage units,
sixteen grams, or sixteen milliliters of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule III anabolic steroid
;

(6)
For any compound, mixture, preparation, or substance that is a
combination of a fentanyl-related compound and any other compound,
mixture, preparation, or substance included in schedule III, schedule
IV, or schedule V, if the defendant is charged with a violation of
section 2925.11 of the Revised Code and the sentencing provisions set
forth in divisions (C)(10)(b) and (C)(11) of that section will not
apply regarding the defendant and the violation, the bulk amount of
the controlled substance for purposes of the violation is the amount
specified in division (D)(1), (2), (3), (4), or (5) of this section
for the other schedule III, IV, or V controlled substance that is
combined with the fentanyl-related compound
.

(E)
"Unit dose" means an amount or unit of a compound, mixture,
or preparation containing a controlled substance that is separately
identifiable and in a form that indicates that it is the amount or
unit by which the controlled substance is separately administered to
or taken by an individual.

(F)
"Cultivate" includes planting, watering, fertilizing, or
tilling.

(G)
"Drug abuse offense" means any of the following:

(1)
A violation of division (A) of section 2913.02 that constitutes theft
of drugs, or a violation of section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.22,
2925.23, 2925.24, 2925.31, 2925.32, 2925.36, or 2925.37 of the
Revised Code;

(2)
A violation of an existing or former law of this or any other state
or of the United States that is substantially equivalent to any
section listed in division (G)(1) of this section;

(3)
An offense under an existing or former law of this or any other
state, or of the United States, of which planting, cultivating,
harvesting, processing, making, manufacturing, producing, shipping,
transporting, delivering, acquiring, possessing, storing,
distributing, dispensing, selling, inducing another to use,
administering to another, using, or otherwise dealing with a
controlled substance is an element;

(4)
A conspiracy to commit, attempt to commit, or complicity in
committing or attempting to commit any offense under division (G)(1),
(2), or (3) of this section.

(H)
"Felony drug abuse offense" means any drug abuse offense
that would constitute a felony under the laws of this state, any
other state, or the United States.

(I)
"Harmful intoxicant" does not include beer or intoxicating
liquor but means any of the following:

(1)
Any compound, mixture, preparation, or substance the gas, fumes, or
vapor of which when inhaled can induce intoxication, excitement,
giddiness, irrational behavior, depression, stupefaction, paralysis,
unconsciousness, asphyxiation, or other harmful physiological
effects, and includes, but is not limited to, any of the following:

(a)
Any volatile organic solvent, plastic cement, model cement,
fingernail polish remover, lacquer thinner, cleaning fluid, gasoline,
or other preparation containing a volatile organic solvent;

(b)
Any aerosol propellant;

(c)
Any fluorocarbon refrigerant;

(d)
Any anesthetic gas.

(2)
Gamma Butyrolactone;

(3)
1,4 Butanediol.

(J)
"Manufacture" means to plant, cultivate, harvest, process,
make, prepare, or otherwise engage in any part of the production of a
drug, by propagation, extraction, chemical synthesis, or compounding,
or any combination of the same, and includes packaging, repackaging,
labeling, and other activities incident to production.

(K)
"Possess" or "possession" means having control
over a thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation of
the premises upon which the thing or substance is found.

(L)
"Sample drug" means a drug or pharmaceutical preparation
that would be hazardous to health or safety if used without the
supervision of a licensed health professional authorized to prescribe
drugs, or a drug of abuse, and that, at one time, had been placed in
a container plainly marked as a sample by a manufacturer.

(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of references that
are approved by the state board of pharmacy.

(N)
"Juvenile" means a person under eighteen years of age.

(O)
"Counterfeit controlled substance" means any of the
following:

(1)
Any drug that bears, or whose container or label bears, a trademark,
trade name, or other identifying mark used without authorization of
the owner of rights to that trademark, trade name, or identifying
mark;

(2)
Any unmarked or unlabeled substance that is represented to be a
controlled substance manufactured, processed, packed, or distributed
by a person other than the person that manufactured, processed,
packed, or distributed it;

(3)
Any substance that is represented to be a controlled substance but is
not a controlled substance or is a different controlled substance;

(4)
Any substance other than a controlled substance that a reasonable
person would believe to be a controlled substance because of its
similarity in shape, size, and color, or its markings, labeling,
packaging, distribution, or the price for which it is sold or offered
for sale.

(P)
An offense is "committed in the vicinity of a school" if
the offender commits the offense on school premises, in a school
building, or within one thousand feet of the boundaries of any school
premises, regardless of whether the offender knows the offense is
being committed on school premises, in a school building, or within
one thousand feet of the boundaries of any school premises.

(Q)
"School" means any school operated by a board of education,
any community school established under Chapter 3314. of the Revised
Code, or any nonpublic school for which the director of education and
workforce prescribes minimum standards under section 3301.07 of the
Revised Code, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted at
the time a criminal offense is committed.

(R)
"School premises" means either of the following:

(1)
The parcel of real property on which any school is situated, whether
or not any instruction, extracurricular activities, or training
provided by the school is being conducted on the premises at the time
a criminal offense is committed;

(2)
Any other parcel of real property that is owned or leased by a board
of education of a school, the governing authority of a community
school established under Chapter 3314. of the Revised Code, or the
governing body of a nonpublic school for which the director of
education and workforce prescribes minimum standards under section
3301.07 of the Revised Code and on which some of the instruction,
extracurricular activities, or training of the school is conducted,
whether or not any instruction, extracurricular activities, or
training provided by the school is being conducted on the parcel of
real property at the time a criminal offense is committed.

(S)
"School building" means any building in which any of the
instruction, extracurricular activities, or training provided by a
school is conducted, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted in
the school building at the time a criminal offense is committed.

(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and discipline
of the supreme court under the Rules for the Government of the Bar of
Ohio.

(U)
"Certified grievance committee" means a duly constituted
and organized committee of the Ohio state bar association or of one
or more local bar associations of the state of Ohio that complies
with the criteria set forth in Rule V, section 6 of the Rules for the
Government of the Bar of Ohio.

(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (37) of this
section and that qualifies a person as a professionally licensed
person.

(W)
"Professionally licensed person" means any of the
following:

(1)
A person who has received a certificate or temporary certificate as a
certified public accountant or who has registered as a public
accountant under Chapter 4701. of the Revised Code and who holds an
Ohio permit issued under that chapter;

(2)
A person who holds a certificate of qualification to practice
architecture issued or renewed and registered under Chapter 4703. of
the Revised Code;

(3)
A person who is registered as a landscape architect under Chapter
4703. of the Revised Code or who holds a permit as a landscape
architect issued under that chapter;

(4)
A person licensed under Chapter 4707. of the Revised Code;

(5)
A person who has been issued a barber's license, barber instructor's
license, assistant barber instructor's license, or independent
contractor's license under Chapter 4709. of the Revised Code;

(6)
A person licensed and regulated to engage in the business of a debt
pooling company by a legislative authority, under authority of
Chapter 4710. of the Revised Code;

(7)
A person who has been issued a cosmetologist's license, hair
designer's license, manicurist's license, esthetician's license,
natural hair stylist's license, advanced license to practice
cosmetology, advanced license to practice hair design, advanced
license to practice manicuring, advanced license to practice
esthetics, advanced license to practice natural hair styling,
cosmetology instructor's license, hair design instructor's license,
manicurist instructor's license, esthetics instructor's license,
natural hair style instructor's license, independent contractor's
license, or tanning facility permit under Chapter 4713. of the
Revised Code;

(8)
A person who has been issued a license to practice dentistry, a
general anesthesia permit, a conscious sedation permit, a limited
resident's license, a limited teaching license, a dental hygienist's
license, or a dental hygienist's teacher's certificate under Chapter
4715. of the Revised Code;

(9)
A person who has been issued an embalmer's license, a funeral
director's license, a funeral home license, or a crematory license,
or who has been registered for an embalmer's or funeral director's
apprenticeship under Chapter 4717. of the Revised Code;

(10)
A person who has been licensed as a registered nurse or practical
nurse, or who has been issued a certificate for the practice of
nurse-midwifery under Chapter 4723. of the Revised Code;

(11)
A person who has been licensed to practice optometry or to engage in
optical dispensing under Chapter 4725. of the Revised Code;

(12)
A person licensed to act as a pawnbroker under Chapter 4727. of the
Revised Code;

(13)
A person licensed to act as a precious metals dealer under Chapter
4728. of the Revised Code;

(14)
A person licensed under Chapter 4729. of the Revised Code as a
pharmacist or pharmacy intern or registered under that chapter as a
registered pharmacy technician, certified pharmacy technician, or
pharmacy technician trainee;

(15)
A person licensed under Chapter 4729. of the Revised Code as a
manufacturer of dangerous drugs, outsourcing facility, third-party
logistics provider, repackager of dangerous drugs, wholesale
distributor of dangerous drugs, or terminal distributor of dangerous
drugs;

(16)
A person who is authorized to practice as a physician assistant under
Chapter 4730. of the Revised Code;

(17)
A person who has been issued a license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery under Chapter 4731. of the Revised Code or has been issued a
certificate to practice a limited branch of medicine under that
chapter;

(18)
A person licensed as a psychologist, independent school psychologist,
or school psychologist under Chapter 4732. of the Revised Code;

(19)
A person registered to practice the profession of engineering or
surveying under Chapter 4733. of the Revised Code;

(20)
A person who has been issued a license to practice chiropractic under
Chapter 4734. of the Revised Code;

(21)
A person licensed to act as a real estate broker or real estate
salesperson under Chapter 4735. of the Revised Code;

(22)
A person registered as a registered environmental health specialist
under Chapter 3776. of the Revised Code;

(23)
A person licensed to operate or maintain a junkyard under Chapter
4737. of the Revised Code;

(24)
A person who has been issued a motor vehicle salvage dealer's license
under Chapter 4738. of the Revised Code;

(25)
A person who has been licensed to act as a steam engineer under
Chapter 4739. of the Revised Code;

(26)
A person who has been issued a license or temporary permit to
practice veterinary medicine or any of its branches, or who is
registered as a graduate animal technician under Chapter 4741. of the
Revised Code;

(27)
A person who has been issued a hearing aid dealer's or fitter's
license or trainee permit under Chapter 4747. of the Revised Code;

(28)
A person who has been issued a class A, class B, or class C license
or who has been registered as an investigator or security guard
employee under Chapter 4749. of the Revised Code;

(29)
A person licensed to practice as a nursing home administrator under
Chapter 4751. of the Revised Code;

(30)
A person licensed to practice as a speech-language pathologist or
audiologist under Chapter 4753. of the Revised Code;

(31)
A person issued a license as an occupational therapist or physical
therapist under Chapter 4755. of the Revised Code;

(32)
A person who is licensed as a licensed professional clinical
counselor, licensed professional counselor, social worker,
independent social worker, independent marriage and family therapist,
or marriage and family therapist, or registered as a social work
assistant under Chapter 4757. of the Revised Code;

(33)
A person issued a license to practice dietetics under Chapter 4759.
of the Revised Code;

(34)
A person who has been issued a license or limited permit to practice
respiratory therapy under Chapter 4761. of the Revised Code;

(35)
A person who has been issued a real estate appraiser certificate
under Chapter 4763. of the Revised Code;

(36)
A person who has been issued a home inspector license under Chapter
4764. of the Revised Code;

(37)
A person who has been admitted to the bar by order of the supreme
court in compliance with its prescribed and published rules.

(X)
"Cocaine" means any of the following:

(1)
A cocaine salt, isomer, or derivative, a salt of a cocaine isomer or
derivative, or the base form of cocaine;

(2)
Coca leaves or a salt, compound, derivative, or preparation of coca
leaves, including ecgonine, a salt, isomer, or derivative of
ecgonine, or a salt of an isomer or derivative of ecgonine;

(3)
A salt, compound, derivative, or preparation of a substance
identified in division (X)(1) or (2) of this section that is
chemically equivalent to or identical with any of those substances,
except that the substances shall not include decocainized coca leaves
or extraction of coca leaves if the extractions do not contain
cocaine or ecgonine.

(Y)
"L.S.D." means lysergic acid diethylamide.

(Z)
"Hashish" means a resin or a preparation of a resin to
which both of the following apply:

(1)
It is contained in or derived from any part of the plant of the genus
cannabis, whether in solid form or in a liquid concentrate, liquid
extract, or liquid distillate form.

(2)
It has a delta-9 tetrahydrocannabinol concentration of more than
three-tenths per cent.

"Hashish"
does not include a hemp byproduct in the possession of a licensed
hemp processor under Chapter 928. of the Revised Code, provided that
the hemp byproduct is being produced, stored, and disposed of in
accordance with rules adopted under section 928.03 of the Revised
Code.

(AA)
"Marihuana" has the same meaning as in section 3719.01 of
the Revised Code, except that it does not include hashish.

(BB)
An offense is "committed in the vicinity of a juvenile" if
the offender commits the offense within one hundred feet of a
juvenile or within the view of a juvenile, regardless of whether the
offender knows the age of the juvenile, whether the offender knows
the offense is being committed within one hundred feet of or within
view of the juvenile, or whether the juvenile actually views the
commission of the offense.

(CC)
"Presumption for a prison term" or "presumption that a
prison term shall be imposed" means a presumption, as described
in division (D) of section 2929.13 of the Revised Code, that a prison
term is a necessary sanction for a felony in order to comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code.

(DD)
"Major drug offender" has the same meaning as in section
2929.01 of the Revised Code.

(EE)
"Minor drug possession offense" means either of the
following:

(1)
A violation of section 2925.11 of the Revised Code as it existed
prior to July 1, 1996;

(2)
A violation of section 2925.11 of the Revised Code as it exists on
and after July 1, 1996, that is a misdemeanor or a felony of the
fifth degree.

(FF)
"Mandatory prison term" has the same meaning as in section
2929.01 of the Revised Code.

(GG)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.

(HH)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation, business,
amusement, or resort.

(II)
"Methamphetamine" means methamphetamine, any salt, isomer,
or salt of an isomer of methamphetamine, or any compound, mixture,
preparation, or substance containing methamphetamine or any salt,
isomer, or salt of an isomer of methamphetamine.

(JJ)
"Deception" has the same meaning as in section 2913.01 of
the Revised Code.

(KK)
"Fentanyl-related compound" means any of the following:

(1)
Fentanyl;

(2)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-
piperidyl]propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(3)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);

(4)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]
-N-phenylpropanamide);

(5)
Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N- phenylpropanamide);

(6)
3-methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-
phenylpropanamide);

(7)
3-methylthiofentanyl (N-[3-methyl-1-[2-(thienyl)ethyl]-4-
piperidinyl]-N-phenylpropanamide);

(8)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-
piperidinyl]propanamide;

(9)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-
propanamide;

(10)
Alfentanil;

(11)
Carfentanil;

(12)
Remifentanil;

(13)
Sufentanil;

(14)
Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-
piperidinyl]-N-phenylacetamide); and

(15)
Any compound that meets all of the following fentanyl pharmacophore
requirements to bind at the mu receptor, as identified by a report
from an established forensic laboratory, including acetylfentanyl,
furanylfentanyl, valerylfentanyl, butyrylfentanyl,
isobutyrylfentanyl, 4-methoxybutyrylfentanyl,
para-fluorobutyrylfentanyl, acrylfentanyl, and ortho-fluorofentanyl:

(a)
A chemical scaffold consisting of both of the following:

(i)
A five, six, or seven member ring structure containing a nitrogen,
whether or not further substituted;

(ii)
An attached nitrogen to the ring, whether or not that nitrogen is
enclosed in a ring structure, including an attached aromatic ring or
other lipophilic group to that nitrogen.

(b)
A polar functional group attached to the chemical scaffold, including
but not limited to a hydroxyl, ketone, amide, or ester;

(c)
An alkyl or aryl substitution off the ring nitrogen of the chemical
scaffold; and

(d)
The compound has not been approved for medical use by the United
States food and drug administration.

(LL)
"First degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(1)(b) of section
2929.14 of the Revised Code for a felony of the first degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(1)(a) of that section for a
felony of the first degree.

(MM)
"Second degree felony mandatory prison term" means one of
the definite prison terms prescribed in division (A)(2)(b) of section
2929.14 of the Revised Code for a felony of the second degree, except
that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means one of the minimum
prison terms prescribed in division (A)(2)(a) of that section for a
felony of the second degree.

(NN)
"Maximum first degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(1)(b) of
section 2929.14 of the Revised Code for a felony of the first degree,
except that if the violation for which sentence is being imposed is
committed on or after March 22, 2019, it means the longest minimum
prison term prescribed in division (A)(1)(a) of that section for a
felony of the first degree.

(OO)
"Maximum second degree felony mandatory prison term" means
the maximum definite prison term prescribed in division (A)(2)(b) of
section 2929.14 of the Revised Code for a felony of the second
degree, except that if the violation for which sentence is being
imposed is committed on or after March 22, 2019, it means the longest
minimum prison term prescribed in division (A)(2)(a) of that section
for a felony of the second degree.

(PP)
"Delta-9 tetrahydrocannabinol" has the same meaning as in
section 928.01 of the Revised Code.

(QQ)
An offense is "committed in the vicinity of a substance
addiction services provider or a recovering addict" if either of
the following apply:

(1)
The offender commits the offense on the premises of a substance
addiction services provider's facility, including a facility licensed
prior to June 29, 2019, under section 5119.391 of the Revised Code to
provide methadone treatment or an opioid treatment program licensed
on or after that date under section 5119.37 of the Revised Code, or
within five hundred feet of the premises of a substance addiction
services provider's facility and the offender knows or should know
that the offense is being committed within the vicinity of the
substance addiction services provider's facility.

(2)
The offender sells, offers to sell, delivers, or distributes the
controlled substance or controlled substance analog to a person who
is receiving treatment at the time of the commission of the offense,
or received treatment within thirty days prior to the commission of
the offense, from a substance addiction services provider and the
offender knows that the person is receiving or received that
treatment.

(RR)
"Substance addiction services provider" means an agency,
association, corporation or other legal entity, individual, or
program that provides one or more of the following at a facility:

(1)
Either alcohol addiction services, or drug addiction services, or
both such services that are certified by the director of mental
health and addiction services under section 5119.36 of the Revised
Code;

(2)
Recovery supports that are related to either alcohol addiction
services, or drug addiction services, or both such services and paid
for with federal, state, or local funds administered by the
department of mental health and addiction services or a board of
alcohol, drug addiction, and mental health services.

(SS)
"Premises of a substance addiction services provider's facility"
means the parcel of real property on which any substance addiction
service provider's facility is situated.

(TT)
"Alcohol and drug addiction services" has the same meaning
as in section 5119.01 of the Revised Code.

Sec.
2925.03.
(A)
No person shall knowingly do any of the following:

(1)
Sell or offer to sell a controlled substance or a controlled
substance analog;

(2)
Prepare for shipment, ship, transport, deliver, prepare for
distribution, or distribute a controlled substance or a controlled
substance analog, when the offender knows or has reasonable cause to
believe that the controlled substance or a controlled substance
analog is intended for sale or resale by the offender or another
person.

(B)
This section does not apply to any of the following:

(1)
Manufacturers, licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other persons whose
conduct is in accordance with Chapters 3719., 4715., 4723., 4729.,
4730., 4731., and 4741. of the Revised Code;

(2)
If the offense involves an anabolic steroid, any person who is
conducting or participating in a research project involving the use
of an anabolic steroid if the project has been approved by the United
States food and drug administration;

(3)
Any person who sells, offers for sale, prescribes, dispenses, or
administers for livestock or other nonhuman species an anabolic
steroid that is expressly intended for administration through
implants to livestock or other nonhuman species and approved for that
purpose under the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold,
offered for sale, prescribed, dispensed, or administered for that
purpose in accordance with that act.

(C)
Whoever violates division (A) of this section is guilty of one of the
following:

(1)
If the drug involved in the violation is any compound, mixture,
preparation, or substance included in schedule I or schedule II, with
the exception of marihuana, cocaine, L.S.D., heroin, any
fentanyl-related compound, hashish,

methamphetamine,

and any controlled substance analog, whoever violates division (A) of
this section is guilty of aggravated trafficking in drugs. The
penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(1)(b), (c), (d), (e), or
(f) of this section, aggravated trafficking in drugs is a felony of
the fourth degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.

(b)
Except as otherwise provided in division (C)(1)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
aggravated trafficking in drugs is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds the bulk amount but is less than five
times the bulk amount, aggravated trafficking in drugs is a felony of
the third degree, and, except as otherwise provided in this division,
there is a presumption for a prison term for the offense. If
aggravated trafficking in drugs is a felony of the third degree under
this division and if the offender two or more times previously has
been convicted of or pleaded guilty to a felony drug abuse offense,
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the third degree. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, aggravated trafficking in drugs is a felony of the
second degree, and the court shall impose as a mandatory prison term
a second degree felony mandatory prison term.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds five times the bulk amount but is
less than fifty times the bulk amount, aggravated trafficking in
drugs is a felony of the second degree, and the court shall impose as
a mandatory prison term a second degree felony mandatory prison term.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, aggravated trafficking in drugs is a
felony of the first degree, and the court shall impose as a mandatory
prison term a first degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds fifty times the
bulk amount but is less than one hundred times the bulk amount and
regardless of whether the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
aggravated trafficking in drugs is a felony of the first degree, and
the court shall impose as a mandatory prison term a first degree
felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds one hundred
times the bulk amount and regardless of whether the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, aggravated trafficking in drugs is a felony of the
first degree, the offender is a major drug offender, and the court
shall impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(2)
If the drug involved in the violation is any compound, mixture,
preparation, or substance included in schedule III, IV, or V, whoever
violates division (A) of this section is guilty of trafficking in
drugs. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(2)(b), (c), (d), or (e)
of this section, trafficking in drugs is a felony of the fifth
degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(2)(c), (d), or (e) of
this section, if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is a
felony of the fourth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds the bulk amount but is less than five
times the bulk amount, trafficking in drugs is a felony of the fourth
degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the vicinity
of a juvenile, trafficking in drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds five times the bulk amount but is
less than fifty times the bulk amount, trafficking in drugs is a
felony of the third degree, and there is a presumption for a prison
term for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in drugs is a
felony of the second degree, and there is a presumption for a prison
term for the offense.

(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty times the bulk amount,
trafficking in drugs is a felony of the second degree, and the court
shall impose as a mandatory prison term a second degree felony
mandatory prison term. If the amount of the drug involved equals or
exceeds fifty times the bulk amount and if the offense was committed
in the vicinity of a school or in the vicinity of a juvenile,
trafficking in drugs is a felony of the first degree, and the court
shall impose as a mandatory prison term a first degree felony
mandatory prison term.

(3)
If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish, whoever violates division (A) of this section is guilty of
trafficking in marihuana. The penalty for the offense shall be
determined as follows:

(a)
Except as otherwise provided in division (C)(3)(b), (c), (d), (e),
(f), (g), or (h) of this section, trafficking in marihuana is a
felony of the fifth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(3)(c), (d), (e), (f),
(g), or (h) of this section, if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two hundred grams but is less than
one thousand grams, trafficking in marihuana is a felony of the
fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the vicinity
of a juvenile, trafficking in marihuana is a felony of the third
degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds one thousand grams but is less than
five thousand grams, trafficking in marihuana is a felony of the
third degree, and division (C) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a felony of the
second degree, and there is a presumption that a prison term shall be
imposed for the offense.

(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds five thousand grams but is less than
twenty thousand grams, trafficking in marihuana is a felony of the
third degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in marihuana is
a felony of the second degree, and there is a presumption that a
prison term shall be imposed for the offense.

(f)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds twenty thousand grams but is less
than forty thousand grams, trafficking in marihuana is a felony of
the second degree, and the court shall impose as a mandatory prison
term a second degree felony mandatory prison term of five, six,
seven, or eight years. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school or in the vicinity of a juvenile, trafficking in marihuana is
a felony of the first degree, and the court shall impose as a
mandatory prison term a maximum first degree felony mandatory prison
term.

(g)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds forty thousand grams, trafficking in
marihuana is a felony of the second degree, and the court shall
impose as a mandatory prison term a maximum second degree felony
mandatory prison term. If the amount of the drug involved equals or
exceeds forty thousand grams and if the offense was committed in the
vicinity of a school or in the vicinity of a juvenile, trafficking in
marihuana is a felony of the first degree, and the court shall impose
as a mandatory prison term a maximum first degree felony mandatory
prison term.

(h)
Except as otherwise provided in this division, if the offense
involves a gift of twenty grams or less of marihuana, trafficking in
marihuana is a minor misdemeanor upon a first offense and a
misdemeanor of the third degree upon a subsequent offense. If the
offense involves a gift of twenty grams or less of marihuana and if
the offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in marihuana is a misdemeanor of
the third degree.

(4)
If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever
violates division (A) of this section is guilty of trafficking in
cocaine. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(4)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in cocaine is a felony of
the fifth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in cocaine is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds five grams but is less than ten grams
of cocaine, trafficking in cocaine is a felony of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in cocaine is a felony
of the third degree, and there is a presumption for a prison term for
the offense.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten grams but is less than twenty
grams of cocaine, trafficking in cocaine is a felony of the third
degree, and, except as otherwise provided in this division, there is
a presumption for a prison term for the offense. If trafficking in
cocaine is a felony of the third degree under this division and if
the offender two or more times previously has been convicted of or
pleaded guilty to a felony drug abuse offense, the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity of
a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in cocaine is a felony of the second degree, and the
court shall impose as a mandatory prison term a second degree felony
mandatory prison term.

(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds twenty grams but is less than
twenty-seven grams of cocaine, trafficking in cocaine is a felony of
the second degree, and the court shall impose as a mandatory prison
term a second degree felony mandatory prison term. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, trafficking in cocaine is a felony of the first
degree, and the court shall impose as a mandatory prison term a first
degree felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds twenty-seven
grams but is less than
one
hundred
fifty

grams
of cocaine and regardless of whether the offense was committed in the
vicinity of a school, in the vicinity of a juvenile, or in the
vicinity of a substance addiction services provider or a recovering
addict, trafficking in cocaine is a felony of the first degree, and
the court shall impose as a mandatory prison term a first degree
felony mandatory prison term.

(g)
If the amount of the drug involved equals or exceeds
one
hundred
fifty

grams
of cocaine and regardless of whether the offense was committed in the
vicinity of a school, in the vicinity of a juvenile, or in the
vicinity of a substance addiction services provider or a recovering
addict, trafficking in cocaine is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term a maximum first degree felony mandatory prison
term.

(5)
If the drug involved in the violation is L.S.D. or a compound,
mixture, preparation, or substance containing L.S.D., whoever
violates division (A) of this section is guilty of trafficking in
L.S.D. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(5)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in L.S.D. is a felony of the
fifth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(5)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in L.S.D. is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten unit doses but is less than fifty
unit doses of L.S.D. in a solid form or equals or exceeds one gram
but is less than five grams of L.S.D. in a liquid concentrate, liquid
extract, or liquid distillate form, trafficking in L.S.D. is a felony
of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in L.S.D. is a felony of
the third degree, and there is a presumption for a prison term for
the offense.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty unit doses but is less than two
hundred fifty unit doses of L.S.D. in a solid form or equals or
exceeds five grams but is less than twenty-five grams of L.S.D. in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in L.S.D. is a felony of the third degree, and, except as
otherwise provided in this division, there is a presumption for a
prison term for the offense. If trafficking in L.S.D. is a felony of
the third degree under this division and if the offender two or more
times previously has been convicted of or pleaded guilty to a felony
drug abuse offense, the court shall impose as a mandatory prison term
one of the prison terms prescribed for a felony of the third degree.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in L.S.D. is a felony of
the second degree, and the court shall impose as a mandatory prison
term a second degree felony mandatory prison term.

(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two hundred fifty unit doses but is
less than one thousand unit doses of L.S.D. in a solid form or equals
or exceeds twenty-five grams but is less than one hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid distillate
form, trafficking in L.S.D. is a felony of the second degree, and the
court shall impose as a mandatory prison term a second degree felony
mandatory prison term. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in L.S.D. is a felony of the first degree, and the court
shall impose as a mandatory prison term a first degree felony
mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds one thousand
unit doses but is less than five thousand unit doses of L.S.D. in a
solid form or equals or exceeds one hundred grams but is less than
five hundred grams of L.S.D. in a liquid concentrate, liquid extract,
or liquid distillate form and regardless of whether the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, trafficking in L.S.D. is a felony of the first
degree, and the court shall impose as a mandatory prison term a first
degree felony mandatory prison term.

(g)
If the amount of the drug involved equals or exceeds five thousand
unit doses of L.S.D. in a solid form or equals or exceeds five
hundred grams of L.S.D. in a liquid concentrate, liquid extract, or
liquid distillate form and regardless of whether the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, trafficking in L.S.D. is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(6)
If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin, whoever
violates division (A) of this section is guilty of trafficking in
heroin. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(6)(b), (c), (d), (e),
or

(f)
,
or (g)

of this section, trafficking in heroin is a felony of the fifth
degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(6)(c), (d), (e),
or

(f)
,
or (g)

of this section, if the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in heroin is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten unit doses but is less than fifty
unit doses or equals or exceeds one gram but is less than five grams,
trafficking in heroin is a felony of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in heroin is a felony of
the third degree, and there is a presumption for a prison term for
the offense.

(d)

Except
as otherwise provided in this division, if
If

the
amount of the drug involved equals or exceeds fifty unit doses but is
less than one hundred unit doses or equals or exceeds five grams but
is less than ten grams, trafficking in heroin is a felony of the
third degree, and there is a presumption for a prison term for the
offense. If the amount of the drug involved is within that range and
if the offense was committed in the vicinity of a school, in the
vicinity of a juvenile, or in the vicinity of a substance addiction
services provider or a recovering addict, trafficking in heroin is a
felony of the second degree, and there is a presumption for a prison
term for the offense.

(e)

Except
as otherwise provided in this division, if
If

the
amount of the drug involved equals or exceeds one hundred unit doses
but is less than five hundred unit doses or equals or exceeds ten
grams but is less than fifty grams, trafficking in heroin is a felony
of the second degree, and the court shall impose as a mandatory
prison term a second degree felony mandatory prison term. If the
amount of the drug involved is within that range and if the offense
was committed in the vicinity of a school, in the vicinity of a
juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in heroin is a felony of
the first degree, and the court shall impose as a mandatory prison
term a first degree felony mandatory prison term.

(f)

If
the amount of the drug involved equals or exceeds five hundred unit
doses but is less than one thousand unit doses or equals or exceeds
fifty grams but is less than one hundred grams and regardless of
whether the offense was committed in the vicinity of a school, in the
vicinity of a juvenile, or in the vicinity of a substance addiction
services provider or a recovering addict, trafficking in heroin is a
felony of the first degree, and the court shall impose as a mandatory
prison term a first degree felony mandatory prison term.

(g)

If
the amount of the drug involved equals or exceeds
one
thousand
five
hundred
unit
doses or equals or exceeds
one
hundred
fifty

grams
and regardless of whether the offense was committed in the vicinity
of a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in heroin is a felony of the first degree, the offender
is a major drug offender, and the court shall impose as a mandatory
prison term a maximum first degree felony mandatory prison term.

(7)
If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish, whoever
violates division (A) of this section is guilty of trafficking in
hashish. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(7)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in hashish is a felony of
the fifth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(7)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in hashish is a felony of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten grams but is less than fifty
grams of hashish in a solid form or equals or exceeds two grams but
is less than ten grams of hashish in a liquid concentrate, liquid
extract, or liquid distillate form, trafficking in hashish is a
felony of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in hashish is a felony
of the third degree, and division (C) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison term
on the offender.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifty grams but is less than two
hundred fifty grams of hashish in a solid form or equals or exceeds
ten grams but is less than fifty grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, trafficking
in hashish is a felony of the third degree, and division (C) of
section 2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. If the amount of the drug
involved is within that range and if the offense was committed in the
vicinity of a school, in the vicinity of a juvenile, or in the
vicinity of a substance addiction services provider or a recovering
addict, trafficking in hashish is a felony of the second degree, and
there is a presumption that a prison term shall be imposed for the
offense.

(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two hundred fifty grams but is less
than one thousand grams of hashish in a solid form or equals or
exceeds fifty grams but is less than two hundred grams of hashish in
a liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the third degree, and there is
a presumption that a prison term shall be imposed for the offense. If
the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in hashish is a felony
of the second degree, and there is a presumption that a prison term
shall be imposed for the offense.

(f)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds one thousand grams but is less than
two thousand grams of hashish in a solid form or equals or exceeds
two hundred grams but is less than four hundred grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the
court shall impose as a mandatory prison term a second degree felony
mandatory prison term of five, six, seven, or eight years. If the
amount of the drug involved is within that range and if the offense
was committed in the vicinity of a school, in the vicinity of a
juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in hashish is a felony
of the first degree, and the court shall impose as a mandatory prison
term a maximum first degree felony mandatory prison term.

(g)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds two thousand grams of hashish in a
solid form or equals or exceeds four hundred grams of hashish in a
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the
court shall impose as a mandatory prison term a maximum second degree
felony mandatory prison term. If the amount of the drug involved
equals or exceeds two thousand grams of hashish in a solid form or
equals or exceeds four hundred grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in hashish is a felony
of the first degree, and the court shall impose as a mandatory prison
term a maximum first degree felony mandatory prison term.

(8)
If the drug involved in the violation is a controlled substance
analog or compound, mixture, preparation, or substance that contains
a controlled substance analog, whoever violates division (A) of this
section is guilty of trafficking in a controlled substance analog.
The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(8)(b), (c), (d), (e),
(f), or (g) of this section, trafficking in a controlled substance
analog is a felony of the fifth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.

(b)
Except as otherwise provided in division (C)(8)(c), (d), (e), (f), or
(g) of this section, if the offense was committed in the vicinity of
a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in a controlled substance analog is a felony of the
fourth degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds ten grams but is less than twenty
grams, trafficking in a controlled substance analog is a felony of
the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in a controlled
substance analog is a felony of the third degree, and there is a
presumption for a prison term for the offense.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds twenty grams but is less than thirty
grams, trafficking in a controlled substance analog is a felony of
the third degree, and there is a presumption for a prison term for
the offense. If the amount of the drug involved is within that range
and if the offense was committed in the vicinity of a school, in the
vicinity of a juvenile, or in the vicinity of a substance addiction
services provider or a recovering addict, trafficking in a controlled
substance analog is a felony of the second degree, and there is a
presumption for a prison term for the offense.

(e)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds thirty grams but is less than forty
grams, trafficking in a controlled substance analog is a felony of
the second degree, and the court shall impose as a mandatory prison
term a second degree felony mandatory prison term. If the amount of
the drug involved is within that range and if the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, trafficking in a controlled substance analog is a
felony of the first degree, and the court shall impose as a mandatory
prison term a first degree felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds forty grams but
is less than fifty grams and regardless of whether the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, trafficking in a controlled substance analog is a
felony of the first degree, and the court shall impose as a mandatory
prison term a first degree felony mandatory prison term.

(g)
If the amount of the drug involved equals or exceeds fifty grams and
regardless of whether the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in a controlled substance analog is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(9)
If the drug involved in the violation is a fentanyl-related compound
or a compound, mixture, preparation, or substance containing a
fentanyl-related compound

and division (C)(10)(a) of this section does not apply to the drug
involved
,
whoever violates division (A) of this section is guilty of
trafficking in a fentanyl-related compound. The penalty for the
offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(9)(b), (c), (d), (e),
(f),
or

(g)
,
or (h)

of this section, trafficking in a fentanyl-related compound is a
felony of the
fifth

fourth

degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender
.

(b)
Except as otherwise provided in division (C)(9)(c), (d), (e), (f),
or

(g)
,
or (h)

of this section, if the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in a fentanyl-related compound is a felony of the
fourth

third

degree,
and division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.

(c)

Except
as otherwise provided in this division, if
If

the
amount of the drug involved equals or exceeds ten unit doses but is
less than fifty unit doses or equals or exceeds one gram but is less
than five grams, trafficking in a fentanyl-related compound is a
felony of the fourth degree
,
and division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term for the offense
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in a fentanyl-related
compound is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)

Except
as otherwise provided in this division, if
If

the
amount of the drug involved equals or exceeds fifty unit doses but is
less than one hundred unit doses or equals or exceeds five grams but
is less than ten grams, trafficking in a fentanyl-related compound is
a felony of the third degree, and there is a presumption for a prison
term for the offense. If the amount of the drug involved is within
that range and if the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in a fentanyl-related compound is a felony of the second
degree, and there is a presumption for a prison term for the offense.

(e)

Except
as otherwise provided in this division, if
If

the
amount of the drug involved equals or exceeds one hundred unit doses
but is less than two hundred unit doses or equals or exceeds ten
grams but is less than twenty grams, trafficking in a
fentanyl-related compound is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree

that is not less than five years
.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in a fentanyl-related
compound is a felony of the first degree, and the court shall impose

as

a
mandatory prison term
one

of

the
prison terms prescribed for a felony of the first degree
at
least five years
.

(f)
If the amount of the drug involved equals or exceeds two hundred unit
doses but is less than five hundred unit doses or equals or exceeds
twenty grams but is less than fifty grams and regardless of whether
the offense was committed in the vicinity of a school, in the
vicinity of a juvenile, or in the vicinity of a substance addiction
services provider or a recovering addict, trafficking in a
fentanyl-related compound is a felony of the first degree, and the
court shall impose
as

a
mandatory prison term
one

of

the
prison terms prescribed for a felony of the first degree
at
least five years
.

(g)

If
the amount of the drug involved equals or exceeds five hundred unit
doses but is less than one thousand unit doses or equals or exceeds
fifty grams but is less than one hundred grams and regardless of
whether the offense was committed in the vicinity of a school, in the
vicinity of a juvenile, or in the vicinity of a substance addiction
services provider or a recovering addict, trafficking in a
fentanyl-related compound is a felony of the first degree, and the
court shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree.

(h)

If
the amount of the drug involved equals or exceeds
one
thousand
five
hundred
unit
doses or equals or exceeds
one
hundred
fifty

grams
and regardless of whether the offense was committed in the vicinity
of a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in a fentanyl-related compound is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term the maximum prison term prescribed
for a felony of the first degree.

(10)

If
the drug involved in the violation is a compound, mixture,
preparation, or substance that is a combination of a fentanyl-related
compound and marihuana, one of the following applies:

(a)
Except as otherwise provided in division (C)(10)(b) of this section,
the offender is guilty of trafficking in marihuana and shall be
punished under division (C)(3) of this section. The offender is not
guilty of trafficking in a fentanyl-related compound and shall not be
charged with, convicted of, or punished under division (C)(9) of this
section for trafficking in a fentanyl-related compound.

(b)
If the offender knows or has reason to know that the compound,
mixture, preparation, or substance that is the drug involved contains
a fentanyl-related compound, the offender is guilty of trafficking in
a fentanyl-related compound and shall be punished under division
(C)(9) of this section.

If
the drug involved in the violation is methamphetamine or a compound,
mixture, preparation, or substance containing methamphetamine,
whoever violates division (A) of this section is guilty of
trafficking in methamphetamine. The penalty for the offense shall be
determined as follows:

(a)
Except as otherwise provided in division (C)(10)(b), (c), (d), (e),
or (f) of this section, trafficking in methamphetamine is a felony of
the fourth degree.

(b)
Except as otherwise provided in division (C)(10)(c), (d), (e), or (f)
of this section, if the offense was committed in the vicinity of a
school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in methamphetamine is a felony of the third degree, and
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.

(c)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds three grams but is less than fifteen
grams of methamphetamine, trafficking in methamphetamine is a felony
of the third degree and, except as otherwise provided in this
division, there is a presumption for a prison term for the offense.
If trafficking in methamphetamine is a felony of the third degree and
if the offender two or more times previously has been convicted of or
pleaded guilty to a felony drug abuse offense, the court shall impose
as a mandatory prison term one of the prison terms prescribed for a
felony of the third degree. If the amount of the drug involved is
within that range and if the offense was committed in the vicinity of
a school, in the vicinity of a juvenile, or in the vicinity of a
substance addiction services provider or a recovering addict,
trafficking in methamphetamine is a felony of the second degree, and
the court shall impose as a mandatory prison term one of the prison
terms prescribed for a felony of the second degree.

(d)
Except as otherwise provided in this division, if the amount of the
drug involved equals or exceeds fifteen grams but is less than twenty
grams of methamphetamine, trafficking in methamphetamine is a felony
of the second degree and there is a presumption for a prison term for
the offense. If trafficking in methamphetamine is a felony of the
second degree under this division and if the offender two or more
times previously has been convicted of or pleaded guilty to a felony
drug abuse offense, the court shall impose as a mandatory prison term
one of the prison terms prescribed for a felony of the second degree.
If the amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school, in the vicinity of
a juvenile, or in the vicinity of a substance addiction services
provider or a recovering addict, trafficking in methamphetamine is a
felony of the first degree, and the court shall impose as a mandatory
prison term a first degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds twenty grams but
is less than one hundred grams of methamphetamine and regardless of
whether the offense was committed in the vicinity of a school, in the
vicinity of a juvenile, or in the vicinity of a substance addiction
services provider or a recovering addict, trafficking in
methamphetamine is a felony of the first degree, and the court shall
impose as a mandatory prison term a first degree felony mandatory
prison term.

(f)
If the amount of the drug involved equals or exceeds one hundred
grams of methamphetamine and regardless of whether the offense was
committed in the vicinity of a school, in the vicinity of a juvenile,
or in the vicinity of a substance addiction services provider or a
recovering addict, trafficking in methamphetamine is a felony of the
first degree, the offender is a major drug offender, and the court
shall impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(D)
In addition to any prison term authorized or required by division (C)
of this section and sections 2929.13 and 2929.14 of the Revised Code,
and in addition to any other sanction imposed for the offense under
this section or sections 2929.11 to 2929.18 of the Revised Code, the
court that sentences an offender who is convicted of or pleads guilty
to a violation of division (A) of this section may suspend the
driver's or commercial driver's license or permit of the offender in
accordance with division (G) of this section. However, if the
offender pleaded guilty to or was convicted of a violation of section
4511.19 of the Revised Code or a substantially similar municipal
ordinance or the law of another state or the United States arising
out of the same set of circumstances as the violation, the court
shall suspend the offender's driver's or commercial driver's license
or permit in accordance with division (G) of this section. If
applicable, the court also shall do the following:

(1)
If the violation of division (A) of this section is a felony of the
first, second, or third degree, the court shall impose upon the
offender the mandatory fine specified for the offense under division
(B)(1) of section 2929.18 of the Revised Code unless, as specified in
that division, the court determines that the offender is indigent.
Except as otherwise provided in division (H)(1) of this section, a
mandatory fine or any other fine imposed for a violation of this
section is subject to division (F) of this section. If a person is
charged with a violation of this section that is a felony of the
first, second, or third degree, posts bail, and forfeits the bail,
the clerk of the court shall pay the forfeited bail pursuant to
divisions (D)(1) and (F) of this section, as if the forfeited bail
was a fine imposed for a violation of this section. If any amount of
the forfeited bail remains after that payment and if a fine is
imposed under division (H)(1) of this section, the clerk of the court
shall pay the remaining amount of the forfeited bail pursuant to
divisions (H)(2) and (3) of this section, as if that remaining amount
was a fine imposed under division (H)(1) of this section.

(2)
If the offender is a professionally licensed person, the court
immediately shall comply with section 2925.38 of the Revised Code.

(E)
When a person is charged with the sale of or offer to sell a bulk
amount or a multiple of a bulk amount of a controlled substance, the
jury, or the court trying the accused, shall determine the amount of
the controlled substance involved at the time of the offense and, if
a guilty verdict is returned, shall return the findings as part of
the verdict. In any such case, it is unnecessary to find and return
the exact amount of the controlled substance involved, and it is
sufficient if the finding and return is to the effect that the amount
of the controlled substance involved is the requisite amount, or that
the amount of the controlled substance involved is less than the
requisite amount.

(F)(1)
Notwithstanding any contrary provision of section 3719.21 of the
Revised Code and except as provided in division (H) of this section,
the clerk of the court shall pay any mandatory fine imposed pursuant
to division (D)(1) of this section and any fine other than a
mandatory fine that is imposed for a violation of this section
pursuant to division (A) or (B)(5) of section 2929.18 of the Revised
Code to the county, township, municipal corporation, park district,
as created pursuant to section 511.18 or 1545.04 of the Revised Code,
or state law enforcement agencies in this state that primarily were
responsible for or involved in making the arrest of, and in
prosecuting, the offender. However, the clerk shall not pay a
mandatory fine so imposed to a law enforcement agency unless the
agency has adopted a written internal control policy under division
(F)(2) of this section that addresses the use of the fine moneys that
it receives. Each agency shall use the mandatory fines so paid to
subsidize the agency's law enforcement efforts that pertain to drug
offenses, in accordance with the written internal control policy
adopted by the recipient agency under division (F)(2) of this
section.

(2)
Prior to receiving any fine moneys under division (F)(1) of this
section or division (B) of section 2925.42 of the Revised Code, a law
enforcement agency shall adopt a written internal control policy that
addresses the agency's use and disposition of all fine moneys so
received and that provides for the keeping of detailed financial
records of the receipts of those fine moneys, the general types of
expenditures made out of those fine moneys, and the specific amount
of each general type of expenditure. The policy shall not provide for
or permit the identification of any specific expenditure that is made
in an ongoing investigation. All financial records of the receipts of
those fine moneys, the general types of expenditures made out of
those fine moneys, and the specific amount of each general type of
expenditure by an agency are public records open for inspection under
section 149.43 of the Revised Code. Additionally, a written internal
control policy adopted under this division is such a public record,
and the agency that adopted it shall comply with it.

(3)
As used in division (F) of this section:

(a)
"Law enforcement agencies" includes, but is not limited to,
the state board of pharmacy and the office of a prosecutor.

(b)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(G)(1)
If the sentencing court suspends the offender's driver's or
commercial driver's license or permit under division (D) of this
section or any other provision of this chapter, the court shall
suspend the license, by order, for not more than five years. If an
offender's driver's or commercial driver's license or permit is
suspended pursuant to this division, the offender, at any time after
the expiration of two years from the day on which the offender's
sentence was imposed or from the day on which the offender finally
was released from a prison term under the sentence, whichever is
later, may file a motion with the sentencing court requesting
termination of the suspension; upon the filing of such a motion and
the court's finding of good cause for the termination, the court may
terminate the suspension.

(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
section 4511.19 of 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 (G)(2) of this section, the
sentencing court, in its discretion, may terminate the suspension.

(H)(1)
In addition to any prison term authorized or required by division (C)
of this section and sections 2929.13 and 2929.14 of the Revised Code,
in addition to any other penalty or sanction imposed for the offense
under this section or sections 2929.11 to 2929.18 of the Revised
Code, and in addition to the forfeiture of property in connection
with the offense as prescribed in Chapter 2981. of the Revised Code,
the court that sentences an offender who is convicted of or pleads
guilty to a violation of division (A) of this section may impose upon
the offender an additional fine specified for the offense in division
(B)(4) of section 2929.18 of the Revised Code. A fine imposed under
division (H)(1) of this section is not subject to division (F) of
this section and shall be used solely for the support of one or more
eligible community addiction services providers in accordance with
divisions (H)(2) and (3) of this section.

(2)
The court that imposes a fine under division (H)(1) of this section
shall specify in the judgment that imposes the fine one or more
eligible community addiction services providers for the support of
which the fine money is to be used. No community addiction services
provider shall receive or use money paid or collected in satisfaction
of a fine imposed under division (H)(1) of this section unless the
services provider is specified in the judgment that imposes the fine.
No community addiction services provider shall be specified in the
judgment unless the services provider is an eligible community
addiction services provider and, except as otherwise provided in
division (H)(2) of this section, unless the services provider is
located in the county in which the court that imposes the fine is
located or in a county that is immediately contiguous to the county
in which that court is located. If no eligible community addiction
services provider is located in any of those counties, the judgment
may specify an eligible community addiction services provider that is
located anywhere within this state.

(3)
Notwithstanding any contrary provision of section 3719.21 of the
Revised Code, the clerk of the court shall pay any fine imposed under
division (H)(1) of this section to the eligible community addiction
services provider specified pursuant to division (H)(2) of this
section in the judgment. The eligible community addiction services
provider that receives the fine moneys shall use the moneys only for
the alcohol and drug addiction services identified in the application
for certification of services under section 5119.36 of the Revised
Code or in the application for a license under section 5119.37 of the
Revised Code filed with the department of mental health and addiction
services by the community addiction services provider specified in
the judgment.

(4)
Each community addiction services provider that receives in a
calendar year any fine moneys under division (H)(3) of this section
shall file an annual report covering that calendar year with the
court of common pleas and the board of county commissioners of the
county in which the services provider is located, with the court of
common pleas and the board of county commissioners of each county
from which the services provider received the moneys if that county
is different from the county in which the services provider is
located, and with the attorney general. The community addiction
services provider shall file the report no later than the first day
of March in the calendar year following the calendar year in which
the services provider received the fine moneys. The report shall
include statistics on the number of persons served by the community
addiction services provider, identify the types of alcohol and drug
addiction services provided to those persons, and include a specific
accounting of the purposes for which the fine moneys received were
used. No information contained in the report shall identify, or
enable a person to determine the identity of, any person served by
the community addiction services provider. Each report received by a
court of common pleas, a board of county commissioners, or the
attorney general is a public record open for inspection under section
149.43 of the Revised Code.

(5)
As used in divisions (H)(1) to (5) of this section:

(a)
"Community addiction services provider" and "alcohol
and drug addiction services" have the same meanings as in
section 5119.01 of the Revised Code.

(b)
"Eligible community addiction services provider" means a
community addiction services provider, including a community
addiction services provider that operates an opioid treatment program
licensed under section 5119.37 of the Revised Code.

(I)
As used in this section, "drug" includes any substance that
is represented to be a drug.

(J)
It is an affirmative defense to a charge of trafficking in a
controlled substance analog under division (C)(8) of this section
that the person charged with violating that offense sold or offered
to sell, or prepared for shipment, shipped, transported, delivered,
prepared for distribution, or distributed one of the following items
that are excluded from the meaning of "controlled substance
analog" under section 3719.01 of the Revised Code:

(1)
A controlled substance;

(2)
Any substance for which there is an approved new drug application;

(3)
With respect to a particular person, any substance if an exemption is
in effect for investigational use for that person pursuant to federal
law to the extent that conduct with respect to that substance is
pursuant to that exemption.

Sec.
2925.11.
(A)
No person shall knowingly obtain, possess, or use a controlled
substance or a controlled substance analog.

(B)(1)
This section does not apply to any of the following:

(a)
Manufacturers, licensed health professionals authorized to prescribe
drugs, pharmacists, owners of pharmacies, and other persons whose
conduct was in accordance with Chapters 3719., 4715., 4723., 4729.,
4730., 4731., 4741., and 4772. of the Revised Code;

(b)
If the offense involves an anabolic steroid, any person who is
conducting or participating in a research project involving the use
of an anabolic steroid if the project has been approved by the United
States food and drug administration;

(c)
Any person who sells, offers for sale, prescribes, dispenses, or
administers for livestock or other nonhuman species an anabolic
steroid that is expressly intended for administration through
implants to livestock or other nonhuman species and approved for that
purpose under the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and is sold,
offered for sale, prescribed, dispensed, or administered for that
purpose in accordance with that act;

(d)
Any person who obtained the controlled substance pursuant to a
prescription issued by a licensed health professional authorized to
prescribe drugs if the prescription was issued for a legitimate
medical purpose and not altered, forged, or obtained through
deception or commission of a theft offense.

As
used in division (B)(1)(d) of this section, "deception" and
"theft offense" have the same meanings as in section
2913.01 of the Revised Code.

(2)(a)
As used in division (B)(2) of this section:

(i)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(ii)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(iii)
"Health care facility" has the same meaning as in section
2919.16 of the Revised Code.

(iv)
"Minor drug possession offense" means a violation of this
section that is a misdemeanor or a felony of the fifth degree.

(v)
"Post-release control sanction" has the same meaning as in
section 2967.28 of the Revised Code.

(vi)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(vii)
"Public agency" has the same meaning as in section 2930.01
of the Revised Code.

(viii)
"Qualified individual" means a person who is acting in good
faith who seeks or obtains medical assistance for another person who
is experiencing a drug overdose, a person who experiences a drug
overdose and who seeks medical assistance for that overdose, or a
person who is the subject of another person seeking or obtaining
medical assistance for that overdose as described in division
(B)(2)(b) of this section.

(ix)
"Seek or obtain medical assistance" includes, but is not
limited to making a 9-1-1 call, contacting in person or by telephone
call an on-duty peace officer, or transporting or presenting a person
to a health care facility.

(b)
Subject to division (B)(2)(e) of this section, a qualified individual
shall not be arrested, charged, prosecuted, convicted, or penalized
pursuant to this chapter for a minor drug possession offense or a
violation of section 2925.12, division (C)(1) of section 2925.14, or
section 2925.141 of the Revised Code if all of the following apply:

(i)
The evidence of the obtaining, possession, or use of the controlled
substance or controlled substance analog, drug abuse instruments, or
drug paraphernalia that would be the basis of the offense was
obtained as a result of the qualified individual seeking the medical
assistance or experiencing an overdose and needing medical
assistance.

(ii)
Subject to division (B)(2)(f) of this section, within thirty days
after seeking or obtaining the medical assistance, the qualified
individual seeks and obtains a screening and receives a referral for
treatment from a community addiction services provider or a properly
credentialed addiction treatment professional.

(iii)
Subject to division (B)(2)(f) of this section, the qualified
individual who obtains a screening and receives a referral for
treatment under division (B)(2)(b)(ii) of this section, upon the
request of any prosecuting attorney, submits documentation to the
prosecuting attorney that verifies that the qualified individual
satisfied the requirements of that division. The documentation shall
be limited to the date and time of the screening obtained and
referral received.

(c)
If a person who is serving a community control sanction or is under a
sanction on post-release control acts pursuant to division (B)(2)(b)
of this section, then division (B) of section 2929.141, division
(B)(2) of section 2929.15, division (D)(3) of section 2929.25, or
division (F)(3) of section 2967.28 of the Revised Code applies to the
person with respect to any violation of the sanction or post-release
control sanction based on a minor drug possession offense, as defined
in section 2925.11 of the Revised Code, or a violation of section
2925.12, division (C)(1) of section 2925.14, or section 2925.141 of
the Revised Code.

(d)
Nothing in division (B)(2)(b) of this section shall be construed to
do any of the following:

(i)
Limit the admissibility of any evidence in connection with the
investigation or prosecution of a crime with regards to a defendant
who does not qualify for the protections of division (B)(2)(b) of
this section or with regards to any crime other than a minor drug
possession offense or a violation of section 2925.12, division (C)(1)
of section 2925.14, or section 2925.141 of the Revised Code committed
by a person who qualifies for protection pursuant to division
(B)(2)(b) of this section;

(ii)
Limit any seizure of evidence or contraband otherwise permitted by
law;

(iii)
Limit or abridge the authority of a peace officer to detain or take
into custody a person in the course of an investigation or to
effectuate an arrest for any offense except as provided in that
division;

(iv)
Limit, modify, or remove any immunity from liability available
pursuant to law in effect prior to September 13, 2016, to any public
agency or to an employee of any public agency.

(e)
Division (B)(2)(b) of this section does not apply to any person who
twice previously has been granted an immunity under division
(B)(2)(b) of this section. No person shall be granted an immunity
under division (B)(2)(b) of this section more than two times.

(f)
Nothing in this section shall compel any qualified individual to
disclose protected health information in a way that conflicts with
the requirements of the "Health Insurance Portability and
Accountability Act of 1996," 104 Pub. L. No. 191, 110 Stat.
2021, 42 U.S.C. 1320d et seq., as amended, and regulations
promulgated by the United States department of health and human
services to implement the act or the requirements of 42 C.F.R. Part
2.

(C)
Whoever violates division (A) of this section is guilty of one of the
following:

(1)
If the drug involved in the violation is a compound, mixture,
preparation, or substance included in schedule I or II, with the
exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related
compound, hashish, and any controlled substance analog, whoever
violates division (A) of this section is guilty of aggravated
possession of drugs. The penalty for the offense shall be determined
as follows:

(a)
Except as otherwise provided in division (C)(1)(b), (c), (d), or (e)
of this section, aggravated possession of drugs is a felony of the
fifth degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of the drug involved equals or exceeds the bulk amount
but is less than five times the bulk amount, aggravated possession of
drugs is a felony of the third degree, and there is a presumption for
a prison term for the offense.

(c)
If the amount of the drug involved equals or exceeds five times the
bulk amount but is less than fifty times the bulk amount, aggravated
possession of drugs is a felony of the second degree, and the court
shall impose as a mandatory prison term a second degree felony
mandatory prison term.

(d)
If the amount of the drug involved equals or exceeds fifty times the
bulk amount but is less than one hundred times the bulk amount,
aggravated possession of drugs is a felony of the first degree, and
the court shall impose as a mandatory prison term a first degree
felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds one hundred
times the bulk amount, aggravated possession of drugs is a felony of
the first degree, the offender is a major drug offender, and the
court shall impose as a mandatory prison term a maximum first degree
felony mandatory prison term.

(2)
If the drug involved in the violation is a compound, mixture,
preparation, or substance included in schedule III, IV, or V, whoever
violates division (A) of this section is guilty of possession of
drugs. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(2)(b), (c), or (d) of
this section, possession of drugs is a misdemeanor of the first
degree or, if the offender previously has been convicted of a drug
abuse offense, a felony of the fifth degree.

(b)
If the amount of the drug involved equals or exceeds the bulk amount
but is less than five times the bulk amount, possession of drugs is a
felony of the fourth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(c)
If the amount of the drug involved equals or exceeds five times the
bulk amount but is less than fifty times the bulk amount, possession
of drugs is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)
If the amount of the drug involved equals or exceeds fifty times the
bulk amount, possession of drugs is a felony of the second degree,
and the court shall impose upon the offender as a mandatory prison
term a second degree felony mandatory prison term.

(3)
If the drug involved in the violation is marihuana or a compound,
mixture, preparation, or substance containing marihuana other than
hashish, whoever violates division (A) of this section is guilty of
possession of marihuana. The penalty for the offense shall be
determined as follows:

(a)
Except as otherwise provided in division (C)(3)(b), (c), (d), (e),
(f), or (g) of this section, possession of marihuana is a minor
misdemeanor.

(b)
If the amount of the drug involved equals or exceeds one hundred
grams but is less than two hundred grams, possession of marihuana is
a misdemeanor of the fourth degree.

(c)
If the amount of the drug involved equals or exceeds two hundred
grams but is less than one thousand grams, possession of marihuana is
a felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(d)
If the amount of the drug involved equals or exceeds one thousand
grams but is less than five thousand grams, possession of marihuana
is a felony of the third degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a prison
term on the offender.

(e)
If the amount of the drug involved equals or exceeds five thousand
grams but is less than twenty thousand grams, possession of marihuana
is a felony of the third degree, and there is a presumption that a
prison term shall be imposed for the offense.

(f)
If the amount of the drug involved equals or exceeds twenty thousand
grams but is less than forty thousand grams, possession of marihuana
is a felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term of
five, six, seven, or eight years.

(g)
If the amount of the drug involved equals or exceeds forty thousand
grams, possession of marihuana is a felony of the second degree, and
the court shall impose as a mandatory prison term a maximum second
degree felony mandatory prison term.

(4)
If the drug involved in the violation is cocaine or a compound,
mixture, preparation, or substance containing cocaine, whoever
violates division (A) of this section is guilty of possession of
cocaine. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(4)(b), (c), (d), (e), or
(f) of this section, possession of cocaine is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of the drug involved equals or exceeds five grams but
is less than ten grams of cocaine, possession of cocaine is a felony
of the fourth degree, and division (B) of section 2929.13 of the
Revised Code applies in determining whether to impose a prison term
on the offender.

(c)
If the amount of the drug involved equals or exceeds ten grams but is
less than twenty grams of cocaine, possession of cocaine is a felony
of the third degree, and, except as otherwise provided in this
division, there is a presumption for a prison term for the offense.
If possession of cocaine is a felony of the third degree under this
division and if the offender two or more times previously has been
convicted of or pleaded guilty to a felony drug abuse offense, the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the third degree.

(d)
If the amount of the drug involved equals or exceeds twenty grams but
is less than twenty-seven grams of cocaine, possession of cocaine is
a felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds twenty-seven
grams but is less than one hundred grams of cocaine, possession of
cocaine is a felony of the first degree, and the court shall impose
as a mandatory prison term a first degree felony mandatory prison
term.

(f)
If the amount of the drug involved equals or exceeds one hundred
grams of cocaine, possession of cocaine is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(5)
If the drug involved in the violation is L.S.D., whoever violates
division (A) of this section is guilty of possession of L.S.D. The
penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(5)(b), (c), (d), (e), or
(f) of this section, possession of L.S.D. is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of L.S.D. involved equals or exceeds ten unit doses but
is less than fifty unit doses of L.S.D. in a solid form or equals or
exceeds one gram but is less than five grams of L.S.D. in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
L.S.D. is a felony of the fourth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.

(c)
If the amount of L.S.D. involved equals or exceeds fifty unit doses,
but is less than two hundred fifty unit doses of L.S.D. in a solid
form or equals or exceeds five grams but is less than twenty-five
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, possession of L.S.D. is a felony of the third
degree, and there is a presumption for a prison term for the offense.

(d)
If the amount of L.S.D. involved equals or exceeds two hundred fifty
unit doses but is less than one thousand unit doses of L.S.D. in a
solid form or equals or exceeds twenty-five grams but is less than
one hundred grams of L.S.D. in a liquid concentrate, liquid extract,
or liquid distillate form, possession of L.S.D. is a felony of the
second degree, and the court shall impose as a mandatory prison term
a second degree felony mandatory prison term.

(e)
If the amount of L.S.D. involved equals or exceeds one thousand unit
doses but is less than five thousand unit doses of L.S.D. in a solid
form or equals or exceeds one hundred grams but is less than five
hundred grams of L.S.D. in a liquid concentrate, liquid extract, or
liquid distillate form, possession of L.S.D. is a felony of the first
degree, and the court shall impose as a mandatory prison term a first
degree felony mandatory prison term.

(f)
If the amount of L.S.D. involved equals or exceeds five thousand unit
doses of L.S.D. in a solid form or equals or exceeds five hundred
grams of L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form, possession of L.S.D. is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(6)
If the drug involved in the violation is heroin or a compound,
mixture, preparation, or substance containing heroin, whoever
violates division (A) of this section is guilty of possession of
heroin. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(6)(b), (c), (d), (e), or
(f) of this section, possession of heroin is a felony of the fifth
degree, and division (B) of section 2929.13 of the Revised Code
applies in determining whether to impose a prison term on the
offender.

(b)
If the amount of the drug involved equals or exceeds ten unit doses
but is less than fifty unit doses or equals or exceeds one gram but
is less than five grams, possession of heroin is a felony of the
fourth degree, and division (C) of section 2929.13 of the Revised
Code applies in determining whether to impose a prison term on the
offender.

(c)
If the amount of the drug involved equals or exceeds fifty unit doses
but is less than one hundred unit doses or equals or exceeds five
grams but is less than ten grams, possession of heroin is a felony of
the third degree, and there is a presumption for a prison term for
the offense.

(d)
If the amount of the drug involved equals or exceeds one hundred unit
doses but is less than five hundred unit doses or equals or exceeds
ten grams but is less than fifty grams, possession of heroin is a
felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds five hundred
unit doses but is less than one thousand unit doses or equals or
exceeds fifty grams but is less than one hundred grams, possession of
heroin is a felony of the first degree, and the court shall impose as
a mandatory prison term a first degree felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds one thousand
unit doses or equals or exceeds one hundred grams, possession of
heroin is a felony of the first degree, the offender is a major drug
offender, and the court shall impose as a mandatory prison term a
maximum first degree felony mandatory prison term.

(7)
If the drug involved in the violation is hashish or a compound,
mixture, preparation, or substance containing hashish, whoever
violates division (A) of this section is guilty of possession of
hashish. The penalty for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(7)(b), (c), (d), (e),
(f), or (g) of this section, possession of hashish is a minor
misdemeanor.

(b)
If the amount of the drug involved equals or exceeds five grams but
is less than ten grams of hashish in a solid form or equals or
exceeds one gram but is less than two grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
hashish is a misdemeanor of the fourth degree.

(c)
If the amount of the drug involved equals or exceeds ten grams but is
less than fifty grams of hashish in a solid form or equals or exceeds
two grams but is less than ten grams of hashish in a liquid
concentrate, liquid extract, or liquid distillate form, possession of
hashish is a felony of the fifth degree, and division (B) of section
2929.13 of the Revised Code applies in determining whether to impose
a prison term on the offender.

(d)
If the amount of the drug involved equals or exceeds fifty grams but
is less than two hundred fifty grams of hashish in a solid form or
equals or exceeds ten grams but is less than fifty grams of hashish
in a liquid concentrate, liquid extract, or liquid distillate form,
possession of hashish is a felony of the third degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender.

(e)
If the amount of the drug involved equals or exceeds two hundred
fifty grams but is less than one thousand grams of hashish in a solid
form or equals or exceeds fifty grams but is less than two hundred
grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, possession of hashish is a felony of the third
degree, and there is a presumption that a prison term shall be
imposed for the offense.

(f)
If the amount of the drug involved equals or exceeds one thousand
grams but is less than two thousand grams of hashish in a solid form
or equals or exceeds two hundred grams but is less than four hundred
grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, possession of hashish is a felony of the second
degree, and the court shall impose as a mandatory prison term a
second degree felony mandatory prison term of five, six, seven, or
eight years.

(g)
If the amount of the drug involved equals or exceeds two thousand
grams of hashish in a solid form or equals or exceeds four hundred
grams of hashish in a liquid concentrate, liquid extract, or liquid
distillate form, possession of hashish is a felony of the second
degree, and the court shall impose as a mandatory prison term a
maximum second degree felony mandatory prison term.

(8)
If the drug involved is a controlled substance analog or compound,
mixture, preparation, or substance that contains a controlled
substance analog, whoever violates division (A) of this section is
guilty of possession of a controlled substance analog. The penalty
for the offense shall be determined as follows:

(a)
Except as otherwise provided in division (C)(8)(b), (c), (d), (e), or
(f) of this section, possession of a controlled substance analog is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(b)
If the amount of the drug involved equals or exceeds ten grams but is
less than twenty grams, possession of a controlled substance analog
is a felony of the fourth degree, and there is a presumption for a
prison term for the offense.

(c)
If the amount of the drug involved equals or exceeds twenty grams but
is less than thirty grams, possession of a controlled substance
analog is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)
If the amount of the drug involved equals or exceeds thirty grams but
is less than forty grams, possession of a controlled substance analog
is a felony of the second degree, and the court shall impose as a
mandatory prison term a second degree felony mandatory prison term.

(e)
If the amount of the drug involved equals or exceeds forty grams but
is less than fifty grams, possession of a controlled substance analog
is a felony of the first degree, and the court shall impose as a
mandatory prison term a first degree felony mandatory prison term.

(f)
If the amount of the drug involved equals or exceeds fifty grams,
possession of a controlled substance analog is a felony of the first
degree, the offender is a major drug offender, and the court shall
impose as a mandatory prison term a maximum first degree felony
mandatory prison term.

(9)

If
the drug involved in the violation is a compound, mixture,
preparation, or substance that is a combination of a fentanyl-related
compound and marihuana, one of the following applies:

(a)
Except as otherwise provided in division (C)(9)(b) of this section,
the offender is guilty of possession of marihuana and shall be
punished as provided in division (C)(3) of this section. Except as
otherwise provided in division (C)(9)(b) of this section, the
offender is not guilty of possession of a fentanyl-related compound
under division (C)(11) of this section and shall not be charged with,
convicted of, or punished under division (C)(11) of this section for
possession of a fentanyl-related compound.

(b)
If the offender knows or has reason to know that the compound,
mixture, preparation, or substance that is the drug involved contains
a fentanyl-related compound, the offender is guilty of possession of
a fentanyl-related compound and shall be punished under division
(C)(11) of this section.

(10)
If the drug involved in the violation is a compound, mixture,
preparation, or substance that is a combination of a fentanyl-related
compound and any schedule III, schedule IV, or schedule V controlled
substance that is not a fentanyl-related compound, one of the
following applies:

(a)
Except as otherwise provided in division (C)(10)(b) of this section,
the offender is guilty of possession of drugs and shall be punished
as provided in division (C)(2) of this section. Except as otherwise
provided in division (C)(10)(b) of this section, the offender is not
guilty of possession of a fentanyl-related compound under division
(C)(11) of this section and shall not be charged with, convicted of,
or punished under division (C)(11) of this section for possession of
a fentanyl-related compound.

(b)
If the offender knows or has reason to know that the compound,
mixture, preparation, or substance that is the drug involved contains
a fentanyl-related compound, the offender is guilty of possession of
a fentanyl-related compound and shall be punished under division
(C)(11) of this section.

(11)

If
the drug involved in the violation is a fentanyl-related compound

and neither division (C)(9)(a) nor division (C)(10)(a) of this
section applies to the drug involved,

or is a compound, mixture, preparation, or substance that contains a
fentanyl-related compound or is a combination of a fentanyl-related
compound and any other controlled substance

and neither division (C)(9)(a) nor division (C)(10)(a) of this
section applies to the drug involved
,
whoever violates division (A) of this section is guilty of possession
of a fentanyl-related compound. The penalty for the offense shall be
determined as follows:

(a)
Except as otherwise provided in division
(C)(11)(b)
(C)(9)(b)
,
(c), (d), (e), (f), or (g) of this section, possession of a
fentanyl-related compound is a felony of the fifth degree, and
division (B) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender.

(b)
If the amount of the drug involved equals or exceeds ten unit doses
but is less than fifty unit doses or equals or exceeds one gram but
is less than five grams, possession of a fentanyl-related compound is
a felony of the fourth degree, and division (C) of section 2929.13 of
the Revised Code applies in determining whether to impose a prison
term on the offender.

(c)
If the amount of the drug involved equals or exceeds fifty unit doses
but is less than one hundred unit doses or equals or exceeds five
grams but is less than ten grams, possession of a fentanyl-related
compound is a felony of the third degree, and there is a presumption
for a prison term for the offense.

(d)
If the amount of the drug involved equals or exceeds one hundred unit
doses but is less than two hundred unit doses or equals or exceeds
ten grams but is less than twenty grams, possession of a
fentanyl-related compound is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the second degree.

(e)
If the amount of the drug involved equals or exceeds two hundred unit
doses but is less than five hundred unit doses or equals or exceeds
twenty grams but is less than fifty grams, possession of a
fentanyl-related compound is a felony of the first degree, and the
court shall impose as a mandatory prison term one of the prison terms
prescribed for a felony of the first degree.

(f)
If the amount of the drug involved equals or exceeds five hundred
unit doses but is less than one thousand unit doses or equals or
exceeds fifty grams but is less than one hundred grams, possession of
a fentanyl-related compound is a felony of the first degree, and the
court shall impose as a mandatory prison term the maximum prison term
prescribed for a felony of the first degree.

(g)
If the amount of the drug involved equals or exceeds one thousand
unit doses or equals or exceeds one hundred grams, possession of a
fentanyl-related compound is a felony of the first degree, the
offender is a major drug offender, and the court shall impose as a
mandatory prison term the maximum prison term prescribed for a felony
of the first degree.

(D)
Arrest or conviction for a minor misdemeanor violation of this
section does not constitute a criminal record and need not be
reported by the person so arrested or convicted in response to any
inquiries about the person's criminal record, including any inquiries
contained in any application for employment, license, or other right
or privilege, or made in connection with the person's appearance as a
witness.

(E)
In addition to any prison term or jail term authorized or required by
division (C) of this section and sections 2929.13, 2929.14, 2929.22,
2929.24, and 2929.25 of the Revised Code and in addition to any other
sanction that is imposed for the offense under this section, sections
2929.11 to 2929.18, or sections 2929.21 to 2929.28 of the Revised
Code, if applicable, the court also shall do the following:

(1)(a)
If the violation is a felony of the first, second, or third degree,
the court shall impose upon the offender the mandatory fine specified
for the offense under division (B)(1) of section 2929.18 of the
Revised Code unless, as specified in that division, the court
determines that the offender is indigent.

(b)
Notwithstanding any contrary provision of section 3719.21 of the
Revised Code, the clerk of the court shall pay a mandatory fine or
other fine imposed for a violation of this section pursuant to
division (A) of section 2929.18 of the Revised Code in accordance
with and subject to the requirements of division (F) of section
2925.03 of the Revised Code. The agency that receives the fine shall
use the fine as specified in division (F) of section 2925.03 of the
Revised Code.

(c)
If a person is charged with a violation of this section that is a
felony of the first, second, or third degree, posts bail, and
forfeits the bail, the clerk shall pay the forfeited bail pursuant to
division (E)(1)(b) of this section as if it were a mandatory fine
imposed under division (E)(1)(a) of this section.

(2)
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 section 2925.38 of the Revised Code.

(3)
If the offender has a driver's or commercial driver's license or
permit, section 2929.33 of the Revised Code applies.

(F)
It is an affirmative defense, as provided in section 2901.05 of the
Revised Code, to a charge of a fourth degree felony violation under
this section that the controlled substance that gave rise to the
charge is in an amount, is in a form, is prepared, compounded, or
mixed with substances that are not controlled substances in a manner,
or is possessed under any other circumstances, that indicate that the
substance was possessed solely for personal use. Notwithstanding any
contrary provision of this section, if, in accordance with section
2901.05 of the Revised Code, an accused who is charged with a fourth
degree felony violation of division (C)(2), (4), (5), or (6) of this
section sustains the burden of going forward with evidence of and
establishes by a preponderance of the evidence the affirmative
defense described in this division, the accused may be prosecuted for
and may plead guilty to or be convicted of a misdemeanor violation of
division (C)(2) of this section or a fifth degree felony violation of
division (C)(4), (5), or (6) of this section respectively.

(G)
When a person is charged with possessing a bulk amount or multiple of
a bulk amount, division (E) of section 2925.03 of the Revised Code
applies regarding the determination of the amount of the controlled
substance involved at the time of the offense.

(H)
It is an affirmative defense to a charge of possession of a
controlled substance analog under division (C)(8) of this section
that the person charged with violating that offense obtained,
possessed, or used one of the following items that are excluded from
the meaning of "controlled substance analog" under section
3719.01 of the Revised Code:

(1)
A controlled substance;

(2)
Any substance for which there is an approved new drug application;

(3)
With respect to a particular person, any substance if an exemption is
in effect for investigational use for that person pursuant to federal
law to the extent that conduct with respect to that substance is
pursuant to that exemption.

(I)
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
section 4511.19 of 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 (I) of this section, the
sentencing court, in its discretion, may terminate the suspension.

Sec.
2929.14.
(A)
Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4),
(B)(5), (B)(6), (B)(7), (B)(8), (B)(9), (B)(10), (B)(11), (E), (G),
(H), (J), or (K) of this section or in division (D)(6) of section
2919.25 of the Revised Code and except in relation to an offense for
which a sentence of death or life imprisonment is to be imposed, if
the court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender pursuant to this
chapter, the court shall impose a prison term that shall be one of
the following:

(1)(a)
For a felony of the first degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of three, four, five, six,
seven, eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the first degree committed prior to March 22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.

(2)(a)
For a felony of the second degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of two, three, four, five,
six, seven, or eight years and a maximum term that is determined
pursuant to section 2929.144 of the Revised Code, except that if the
section that criminalizes the conduct constituting the felony
specifies a different minimum term or penalty for the offense, the
specific language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the second degree committed prior to March 22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.

(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, or 3795.04 of the Revised Code,
that
is a violation of division (C)(9)(d) of section 2925.03 of the
Revised Code,
that
is a violation of division (A) of section 4511.19 of the Revised Code
if the offender previously has been convicted of or pleaded guilty to
a violation of division (A) of that section that was a felony, that
is a violation of section 2911.02 or 2911.12 of the Revised Code if
the offender previously has been convicted of or pleaded guilty in
two or more separate proceedings to two or more violations of section
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or that is
a violation of division (B) of section 2921.331 of the Revised Code
if division (C)(5) of that section applies, the prison term shall be
a definite term of twelve, eighteen, twenty-four, thirty, thirty-six,
forty-two, forty-eight, fifty-four, or sixty months.

(b)
For a felony of the third degree that is not an offense for which
division (A)(3)(a) of this section applies, the prison term shall be
a definite term of nine, twelve, eighteen, twenty-four, thirty, or
thirty-six months.

(4)
For a felony of the fourth degree, the prison term shall be a
definite term of six, seven, eight, nine, ten, eleven, twelve,
thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.

(5)
For a felony of the fifth degree, the prison term shall be a definite
term of six, seven, eight, nine, ten, eleven, or twelve months.

(B)(1)(a)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a felony also is
convicted of or pleads guilty to a specification of the type
described in section 2941.141, 2941.144, or 2941.145 of the Revised
Code, the court shall impose on the offender one of the following
prison terms:

(i)
A prison term of six years if the specification is of the type
described in division (A) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense;

(ii)
A prison term of three years if the specification is of the type
described in division (A) of section 2941.145 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;

(iii)
A prison term of one year if the specification is of the type
described in division (A) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense;

(iv)
A prison term of nine years if the specification is of the type
described in division (D) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and specifies that the offender previously has
been convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(v)
A prison term of fifty-four months if the specification is of the
type described in division (D) of section 2941.145 of the Revised
Code that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using the
firearm to facilitate the offense and that the offender previously
has been convicted of or pleaded guilty to a specification of the
type described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code;

(vi)
A prison term of eighteen months if the specification is of the type
described in division (D) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.

(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of five years upon the offender that shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code.

(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, or 2941.1412 of the Revised Code, the court, after imposing
a prison term on the offender for the violation of section 2923.161
of the Revised Code or for the other felony offense under division
(A), (B)(2), or (3) of this section, shall impose an additional
prison term of ninety months upon the offender that shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code.

(iii)
A court shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term on an offender under division (B)(1)(c) of
this section relative to an offense, the court also shall impose a
prison term under division (B)(1)(a) of this section relative to the
same offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.

(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.

(e)
The court shall not impose any of the prison terms described in
division (B)(1)(a) of this section or any of the additional prison
terms described in division (B)(1)(c) of this section upon an
offender for a violation of section 2923.12 or 2923.123 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) or (b) of this section upon an
offender for a violation of section 2923.122 that involves a deadly
weapon that is a firearm other than a dangerous ordnance, section
2923.16, or section 2923.121 of the Revised Code. The court shall not
impose any of the prison terms described in division (B)(1)(a) of
this section or any of the additional prison terms described in
division (B)(1)(c) of this section upon an offender for a violation
of section 2923.13 of the Revised Code unless all of the following
apply:

(i)
The offender previously has been convicted of aggravated murder,
murder, or any felony of the first or second degree.

(ii)
Less than five years have passed since the offender was released from
prison or post-release control, whichever is later, for the prior
offense.

(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.

(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, or 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (3) of this section,
shall impose an additional prison term of one hundred twenty-six
months upon the offender that shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or 5120. of the
Revised Code.

(iii)
If an offender is convicted of or pleads guilty to two or more
felonies that include, as an essential element, causing or attempting
to cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(f) of this section in connection with two or more of
the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (B)(1)(f) of this
section for each of two of the specifications of which the offender
is convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
If a court imposes an additional prison term on an offender under
division (B)(1)(f) of this section relative to an offense, the court
shall not impose a prison term under division (B)(1)(a) or (c) of
this section relative to the same offense.

(g)
If an offender is convicted of or pleads guilty to two or more
felonies, if one or more of those felonies are aggravated murder,
murder, attempted aggravated murder, attempted murder, aggravated
robbery, felonious assault, or rape, and if the offender is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(a) of this section in connection with two or more of
the felonies, the sentencing court shall impose on the offender the
prison term specified under division (B)(1)(a) of this section for
each of the two most serious specifications of which the offender is
convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.

(2)(a)
If division (B)(2)(b) of this section does not apply, the court may
impose on an offender, in addition to the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, in addition to
the longest minimum prison term authorized or required for the
offense, an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if all of the following
criteria are met:

(i)
The offender is convicted of or pleads guilty to a specification of
the type described in section 2941.149 of the Revised Code that the
offender is a repeat violent offender.

(ii)
The offense of which the offender currently is convicted or to which
the offender currently pleads guilty is aggravated murder and the
court does not impose a sentence of death or life imprisonment
without parole, murder, terrorism and the court does not impose a
sentence of life imprisonment without parole, any felony of the first
degree that is an offense of violence and the court does not impose a
sentence of life imprisonment without parole, or any felony of the
second degree that is an offense of violence and the trier of fact
finds that the offense involved an attempt to cause or a threat to
cause serious physical harm to a person or resulted in serious
physical harm to a person.

(iii)
The court imposes the longest prison term for the offense or the
longest minimum prison term for the offense, whichever is applicable,
that is not life imprisonment without parole.

(iv)
The court finds that the prison terms imposed pursuant to division
(B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or
(3) of this section are inadequate to punish the offender and protect
the public from future crime, because the applicable factors under
section 2929.12 of the Revised Code indicating a greater likelihood
of recidivism outweigh the applicable factors under that section
indicating a lesser likelihood of recidivism.

(v)
The court finds that the prison terms imposed pursuant to division
(B)(2)(a)(iii) of this section and, if applicable, division (B)(1) or
(3) of this section are demeaning to the seriousness of the offense,
because one or more of the factors under section 2929.12 of the
Revised Code indicating that the offender's conduct is more serious
than conduct normally constituting the offense are present, and they
outweigh the applicable factors under that section indicating that
the offender's conduct is less serious than conduct normally
constituting the offense.

(b)
The court shall impose on an offender the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, the longest
minimum prison term authorized or required for the offense, and shall
impose on the offender an additional definite prison term of one,
two, three, four, five, six, seven, eight, nine, or ten years if all
of the following criteria are met:

(i)
The offender is convicted of or pleads guilty to a specification of
the type described in section 2941.149 of the Revised Code that the
offender is a repeat violent offender.

(ii)
The offender within the preceding twenty years has been convicted of
or pleaded guilty to three or more offenses described in division
(CC)(1) of section 2929.01 of the Revised Code, including all
offenses described in that division of which the offender is
convicted or to which the offender pleads guilty in the current
prosecution and all offenses described in that division of which the
offender previously has been convicted or to which the offender
previously pleaded guilty, whether prosecuted together or separately.

(iii)
The offense or offenses of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated murder
and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does not
impose a sentence of life imprisonment without parole, any felony of
the first degree that is an offense of violence and the court does
not impose a sentence of life imprisonment without parole, or any
felony of the second degree that is an offense of violence and the
trier of fact finds that the offense involved an attempt to cause or
a threat to cause serious physical harm to a person or resulted in
serious physical harm to a person.

(c)
For purposes of division (B)(2)(b) of this section, two or more
offenses committed at the same time or as part of the same act or
event shall be considered one offense, and that one offense shall be
the offense with the greatest penalty.

(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under division
(B)(2)(a) or (b) of this section consecutively to and prior to the
prison term imposed for the underlying offense.

(e)
When imposing a sentence pursuant to division (B)(2)(a) or (b) of
this section, the court shall state its findings explaining the
imposed sentence.

(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that cannot be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. The
mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.

(4)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the sentencing court shall impose upon the offender a
mandatory prison term in accordance with that division. In addition
to the mandatory prison term, if the offender is being sentenced for
a fourth degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to a
definite prison term of not less than six months and not more than
thirty months, and if the offender is being sentenced for a third
degree felony OVI offense, the sentencing court may sentence the
offender to an additional prison term of any duration specified in
division (A)(3) of this section. In either case, the additional
prison term imposed shall be reduced by the sixty or one hundred
twenty days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under division (B)(4)
of this section plus the sixty or one hundred twenty days imposed as
the mandatory prison term shall equal a definite term in the range of
six months to thirty months for a fourth degree felony OVI offense
and shall equal one of the authorized prison terms specified in
division (A)(3) of this section for a third degree felony OVI
offense. If the court imposes an additional prison term under
division (B)(4) of this section, the offender shall serve the
additional prison term after the offender has served the mandatory
prison term required for the offense. In addition to the mandatory
prison term or mandatory and additional prison term imposed as
described in division (B)(4) of this section, the court also may
sentence the offender to a community control sanction under section
2929.16 or 2929.17 of the Revised Code, but the offender shall serve
all of the prison terms so imposed prior to serving the community
control sanction.

If
the offender is being sentenced for a fourth degree felony OVI
offense under division (G)(1) of section 2929.13 of the Revised Code
and the court imposes a mandatory term of local incarceration, the
court may impose a prison term as described in division (A)(1) of
that section.

(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, or a firefighter or emergency medical
worker, both as defined in section 2941.1414 of the Revised Code, the
court shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.

(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, the court shall impose on the offender
a prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term shall
not be reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(6) of this
section for felonies committed as part of the same act.

(7)(a)
If an offender is convicted of or pleads guilty to a felony violation
of section 2905.01, 2905.02, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323 involving a minor, or division
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised Code
and also is convicted of or pleads guilty to a specification of the
type described in section 2941.1422 of the Revised Code that charges
that the offender knowingly committed the offense in furtherance of
human trafficking, the court shall impose on the offender a mandatory
prison term that is one of the following:

(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after March 22, 2019, the court shall impose as the minimum
prison term a mandatory term of not less than five years and not
greater than eleven years;

(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after March 22, 2019, the court shall
impose as the minimum prison term a mandatory term of not less than
three years and not greater than eight years;

(iii)
If the offense is a felony of the fourth or fifth degree, a definite
prison term that is the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code.

(b)
The prison term imposed under division (B)(7)(a) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(7)(a) of this
section for felonies committed as part of the same act, scheme, or
plan.

(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after
arch

March

22,
2019, the court shall impose as the minimum prison term under
division (A)(1)(a) or (2)(a) of this section a mandatory term that is
one of the terms prescribed in that division, whichever is
applicable, for the offense.

(9)(a)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.11 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code, the court shall
impose on the offender a mandatory prison term of six years if either
of the following applies:

(i)
The violation is a violation of division (A)(1) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation and the serious physical
harm to another or to another's unborn caused by the violation
resulted in a permanent, serious disfigurement or permanent,
substantial incapacity;

(ii)
The violation is a violation of division (A)(2) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation, that the violation caused
physical harm to another or to another's unborn, and that the
physical harm resulted in a permanent, serious disfigurement or
permanent, substantial incapacity.

(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(9) of this section
for felonies committed as part of the same act.

(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20) of section
2929.13, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

(10)
If an offender is convicted of or pleads guilty to a violation of
division (A) of section 2903.11 of the Revised Code and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1426 of the Revised Code that charges that
the victim of the offense suffered permanent disabling harm as a
result of the offense and that the victim was under ten years of age
at the time of the offense, regardless of whether the offender knew
the age of the victim, the court shall impose upon the offender an
additional definite prison term of six years. A prison term imposed
on an offender under division (B)(10) of this section shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division relative to
a violation of division (A) of section 2903.11 of the Revised Code,
the court shall not impose any other additional prison term on the
offender relative to the same offense.

(11)
(11)(a)

If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division

(C)(11)
(C)(9)

of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years.
If

(b)
If an offender is convicted of or pleads guilty to a violation of
section 2903.04 of the Revised Code and if the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1427 of the Revised Code, in addition to
any other penalty imposed for the violation, the court shall impose
on the offender a mandatory prison term of five years.

(c)
If
a
court imposes a prison term on an offender under division (B)(11) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or 5120. of the
Revised Code. A court shall not impose more than one prison term on
an offender under division (B)(11) of this section for felonies
committed as part of the same act.

(C)(1)(a)
Subject to division (C)(1)(b) of this section, if a mandatory prison
term is imposed upon an offender pursuant to division (B)(1)(a) of
this section for having a firearm on or about the offender's person
or under the offender's control while committing a felony, if a
mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(c) of this section for committing a felony specified
in that division by discharging a firearm from a motor vehicle, or if
both types of mandatory prison terms are imposed, the offender shall
serve any mandatory prison term imposed under either division
consecutively to any other mandatory prison term imposed under either
division or under division (B)(1)(d) of this section, consecutively
to and prior to any prison term imposed for the underlying felony
pursuant to division (A), (B)(2), or (B)(3) of this section or any
other section of the Revised Code, and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.

(b)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(d) of this section for wearing or carrying body armor
while committing an offense of violence that is a felony, the
offender shall serve the mandatory term so imposed consecutively to
any other mandatory prison term imposed under that division or under
division (B)(1)(a) or (c) of this section, consecutively to and prior
to any prison term imposed for the underlying felony under division
(A), (B)(2), or (B)(3) of this section or any other section of the
Revised Code, and consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the offender.

(c)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(1)(f) of this section, the offender shall serve the
mandatory prison term so imposed consecutively to and prior to any
prison term imposed for the underlying felony under division (A),
(B)(2), or (B)(3) of this section or any other section of the Revised
Code, and consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.

(d)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(7) or (8) of this section, the offender shall serve the
mandatory prison term so imposed consecutively to any other mandatory
prison term imposed under that division or under any other provision
of law and consecutively to any other prison term or mandatory prison
term previously or subsequently imposed upon the offender.

(e)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(11) of this section, the offender shall serve the
mandatory prison term consecutively to any other mandatory prison
term imposed under that division, consecutively to and prior to any
prison term imposed for the underlying felony, and consecutively to
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender.

(2)
If an offender who is an inmate in a jail, prison, or other
residential detention facility violates section 2917.02, 2917.03, or
2921.35 of the Revised Code or division (A)(1) or (2) of section
2921.34 of the Revised Code, if an offender who is under detention at
a detention facility commits a felony violation of section 2923.131
of the Revised Code, or if an offender who is an inmate in a jail,
prison, or other residential detention facility or is under detention
at a detention facility commits another felony while the offender is
an escapee in violation of division (A)(1) or (2) of section 2921.34
of the Revised Code, any prison term imposed upon the offender for
one of those violations shall be served by the offender consecutively
to the prison term or term of imprisonment the offender was serving
when the offender committed that offense and to any other prison term
previously or subsequently imposed upon the offender.

(3)
If a prison term is imposed for a violation of division (B) of
section 2911.01 of the Revised Code, a violation of division (A) of
section 2913.02 of the Revised Code in which the stolen property is a
firearm or dangerous ordnance, or a felony violation of division (B)
of section 2921.331 of the Revised Code, the offender shall serve
that prison term consecutively to any other prison term or mandatory
prison term previously or subsequently imposed upon the offender.

(4)
If multiple prison terms are imposed on an offender for convictions
of multiple offenses, the court may require the offender to serve the
prison terms consecutively if the court finds that the consecutive
service is necessary to protect the public from future crime or to
punish the offender and that consecutive sentences are not
disproportionate to the seriousness of the offender's conduct and to
the danger the offender poses to the public, and if the court also
finds any of the following:

(a)
The offender committed one or more of the multiple offenses while the
offender was awaiting trial or sentencing, was under a sanction
imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the
Revised Code, or was under post-release control for a prior offense.

(b)
At least two of the multiple offenses were committed as part of one
or more courses of conduct, and the harm caused by two or more of the
multiple offenses so committed was so great or unusual that no single
prison term for any of the offenses committed as part of any of the
courses of conduct adequately reflects the seriousness of the
offender's conduct.

(c)
The offender's history of criminal conduct demonstrates that
consecutive sentences are necessary to protect the public from future
crime by the offender.

(5)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(5) or (6) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.06 of the Revised Code pursuant to division (A) of this
section or section 2929.142 of the Revised Code. If a mandatory
prison term is imposed upon an offender pursuant to division (B)(5)
of this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (B)(6) of this section in relation
to the same violation, the offender shall serve the mandatory prison
term imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to and
prior to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of the
Revised Code.

(6)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(9) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.11 of the Revised Code and consecutively to and prior to
any other prison term or mandatory prison term previously or
subsequently imposed on the offender.

(7)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(10) of this section, the offender shall serve that
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying felonious assault. Except as otherwise
provided in division (C) of this section, any other prison term or
mandatory prison term previously or subsequently imposed upon the
offender may be served concurrently with, or consecutively to, the
prison term imposed pursuant to division (B)(10) of this section.

(8)
Any prison term imposed for a violation of section 2903.04 of the
Revised Code that is based on a violation of section 2925.03 or
2925.11 of the Revised Code or on a violation of section 2925.05 of
the Revised Code that is not funding of marihuana trafficking shall
run consecutively to any prison term imposed for the violation of
section 2925.03 or 2925.11 of the Revised Code or for the violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking.

(9)
When consecutive prison terms are imposed pursuant to division
(C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or
(2) of this section, subject to division (C)(10) of this section, the
term to be served is the aggregate of all of the terms so imposed.

(10)
When a court sentences an offender to a non-life felony indefinite
prison term, any definite prison term or mandatory definite prison
term previously or subsequently imposed on the offender in addition
to that indefinite sentence that is required to be served
consecutively to that indefinite sentence shall be served prior to
the indefinite sentence.

(11)
If a court is sentencing an offender for a felony of the first or
second degree, if division (A)(1)(a) or (2)(a) of this section
applies with respect to the sentencing for the offense, and if the
court is required under the Revised Code section that sets forth the
offense or any other Revised Code provision to impose a mandatory
prison term for the offense, the court shall impose the required
mandatory prison term as the minimum term imposed under division
(A)(1)(a) or (2)(a) of this section, whichever is applicable.

(D)(1)
If a court imposes a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and that is not a felony sex
offense, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with section
2967.28 of the Revised Code. If a court imposes a sentence including
a prison term of a type described in this division on or after July
11, 2006, the failure of a court to include a post-release control
requirement in the sentence pursuant to this division does not
negate, limit, or otherwise affect the mandatory period of
post-release control that is required for the offender under division
(B) of section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term of a type described in this division
and failed to include in the sentence pursuant to this division a
statement regarding post-release control.

(2)
If a court imposes a prison term for a felony of the third, fourth,
or fifth degree that is not subject to division (D)(1) of this
section, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with that
division, if the parole board determines that a period of
post-release control is necessary. Section 2929.191 of the Revised
Code applies if, prior to July 11, 2006, a court imposed a sentence
including a prison term of a type described in this division and
failed to include in the sentence pursuant to this division a
statement regarding post-release control.

(E)
The court shall impose sentence upon the offender in accordance with
section 2971.03 of the Revised Code, and Chapter 2971. of the Revised
Code applies regarding the prison term or term of life imprisonment
without parole imposed upon the offender and the service of that term
of imprisonment if any of the following apply:

(1)
A person is convicted of or pleads guilty to a violent sex offense or
a designated homicide, assault, or kidnapping offense, and, in
relation to that offense, the offender is adjudicated a sexually
violent predator.

(2)
A person is convicted of or pleads guilty to a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after January 2, 2007, and either the court does not impose a
sentence of life without parole when authorized pursuant to division
(B) of section 2907.02 of the Revised Code, or division (B) of
section 2907.02 of the Revised Code provides that the court shall not
sentence the offender pursuant to section 2971.03 of the Revised
Code.

(3)
A person is convicted of or pleads guilty to attempted rape committed
on or after January 2, 2007, and a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.

(4)
A person is convicted of or pleads guilty to a violation of section
2905.01 of the Revised Code committed on or after January 1, 2008,
and that section requires the court to sentence the offender pursuant
to section 2971.03 of the Revised Code.

(5)
A person is convicted of or pleads guilty to aggravated murder
committed on or after January 1, 2008, and division (A)(2)(b)(ii) of
section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(a)(iv) of section 2929.03, or
division (A) or (B) of section 2929.06 of the Revised Code requires
the court to sentence the offender pursuant to division (B)(3) of
section 2971.03 of the Revised Code.

(6)
A person is convicted of or pleads guilty to murder committed on or
after January 1, 2008, and division (B)(2) of section 2929.02 of the
Revised Code requires the court to sentence the offender pursuant to
section 2971.03 of the Revised Code.

(F)
If a person who has been convicted of or pleaded guilty to a felony
is sentenced to a prison term or term of imprisonment under this
section, sections 2929.02 to 2929.06 of the Revised Code, section
2929.142 of the Revised Code, section 2971.03 of the Revised Code, or
any other provision of law, section 5120.163 of the Revised Code
applies regarding the person while the person is confined in a state
correctional institution.

(G)
If an offender who is convicted of or pleads guilty to a felony that
is an offense of violence also is convicted of or pleads guilty to a
specification of the type described in section 2941.142 of the
Revised Code that charges the offender with having committed the
felony while participating in a criminal gang, the court shall impose
upon the offender an additional prison term of one, two, or three
years.

(H)(1)
If an offender who is convicted of or pleads guilty to aggravated
murder, murder, or a felony of the first, second, or third degree
that is an offense of violence also is convicted of or pleads guilty
to a specification of the type described in section 2941.143 of the
Revised Code that charges the offender with having committed the
offense in a school safety zone or towards a person in a school
safety zone, the court shall impose upon the offender an additional
prison term of two years. The offender shall serve the additional two
years consecutively to and prior to the prison term imposed for the
underlying offense.

(2)(a)
If an offender is convicted of or pleads guilty to a felony violation
of section 2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code
and to a specification of the type described in section 2941.1421 of
the Revised Code and if the court imposes a prison term on the
offender for the felony violation, the court may impose upon the
offender an additional prison term as follows:

(i)
Subject to division (H)(2)(a)(ii) of this section, an additional
prison term of one, two, three, four, five, or six months;

(ii)
If the offender previously has been convicted of or pleaded guilty to
one or more felony or misdemeanor violations of section 2907.22,
2907.23, 2907.24, 2907.241, or 2907.25 of the Revised Code and also
was convicted of or pleaded guilty to a specification of the type
described in section 2941.1421 of the Revised Code regarding one or
more of those violations, an additional prison term of one, two,
three, four, five, six, seven, eight, nine, ten, eleven, or twelve
months.

(b)
In lieu of imposing an additional prison term under division
(H)(2)(a) of this section, the court may directly impose on the
offender a sanction that requires the offender to wear a real-time
processing, continual tracking electronic monitoring device during
the period of time specified by the court. The period of time
specified by the court shall equal the duration of an additional
prison term that the court could have imposed upon the offender under
division (H)(2)(a) of this section. A sanction imposed under this
division shall commence on the date specified by the court, provided
that the sanction shall not commence until after the offender has
served the prison term imposed for the felony violation of section
2907.22, 2907.24, 2907.241, or 2907.25 of the Revised Code and any
residential sanction imposed for the violation under section 2929.16
of the Revised Code. A sanction imposed under this division shall be
considered to be a community control sanction for purposes of section
2929.15 of the Revised Code, and all provisions of the Revised Code
that pertain to community control sanctions shall apply to a sanction
imposed under this division, except to the extent that they would by
their nature be clearly inapplicable. The offender shall pay all
costs associated with a sanction imposed under this division,
including the cost of the use of the monitoring device.

(I)
At the time of sentencing, the court may recommend the offender for
placement in a program of shock incarceration under section 5120.031
of the Revised Code or for placement in an intensive program prison
under section 5120.032 of the Revised Code, disapprove placement of
the offender in a program of shock incarceration or an intensive
program prison of that nature, or make no recommendation on placement
of the offender. In no case shall the department of rehabilitation
and correction place the offender in a program or prison of that
nature unless the department determines as specified in section
5120.031 or 5120.032 of the Revised Code, whichever is applicable,
that the offender is eligible for the placement.

If
the court disapproves placement of the offender in a program or
prison of that nature, the department of rehabilitation and
correction shall not place the offender in any program of shock
incarceration or intensive program prison.

If
the court recommends placement of the offender in a program of shock
incarceration or in an intensive program prison, and if the offender
is subsequently placed in the recommended program or prison, the
department shall notify the court of the placement and shall include
with the notice a brief description of the placement.

If
the court recommends placement of the offender in a program of shock
incarceration or in an intensive program prison and the department
does not subsequently place the offender in the recommended program
or prison, the department shall send a notice to the court indicating
why the offender was not placed in the recommended program or prison.

If
the court does not make a recommendation under this division with
respect to an offender and if the department determines as specified
in section 5120.031 or 5120.032 of the Revised Code, whichever is
applicable, that the offender is eligible for placement in a program
or prison of that nature, the department shall screen the offender
and determine if there is an available program of shock incarceration
or an intensive program prison for which the offender is suited. If
there is an available program of shock incarceration or an intensive
program prison for which the offender is suited, the department shall
notify the court of the proposed placement of the offender as
specified in section 5120.031 or 5120.032 of the Revised Code and
shall include with the notice a brief description of the placement.
The court shall have ten days from receipt of the notice to
disapprove the placement.

(J)
If a person is convicted of or pleads guilty to aggravated vehicular
homicide in violation of division (A)(1) of section 2903.06 of the
Revised Code and division (B)(2)(c) of that section applies, the
person shall be sentenced pursuant to section 2929.142 of the Revised
Code.

(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or 5120. of the Revised Code. A court may not impose more than one
sentence under division (B)(2)(a) of this section and this division
for acts committed as part of the same act or transaction.

(2)
As used in division (K)(1) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(L)
If an offender receives or received a sentence of life imprisonment
without parole, a sentence of life imprisonment, a definite sentence,
or a sentence to an indefinite prison term under this chapter for a
felony offense that was committed when the offender was under
eighteen years of age, the offender's parole eligibility shall be
determined under section 2967.132 of the Revised Code.

Sec.
2941.1427.
(A)
Imposition of a mandatory prison term under division (B)(11)(b) of
section 2929.14 of the Revised Code is precluded unless the offender
is convicted of or pleads guilty to a violation of section 2903.04 of
the Revised Code and unless the indictment, count in the indictment,
or information charging the offense specifies that:

(1)
Fentanyl or a fentanyl-related compound, as defined in section
2925.01 of the Revised Code, was present in the body of the decedent
victim in an amount or concentration that is considered to be lethal
by generally accepted scientific standards;

(2)
The results of an autopsy performed on the decedent victim are
consistent with an opioid overdose as the cause of death.

(B)
The specification shall be stated at the end of the body of the
indictment, count, or information and shall be stated in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or prosecuting attorney's name when appropriate) further
find and specify that (set forth that the victim's death was
consistent with opioid overdose and fentanyl or a fentanyl-related
compound was present in the victim's body in lethal amounts)."

Sec.
3313.60.
Notwithstanding
division (D) of section 3311.52 of the Revised Code, divisions (A) to
(E) of this section do not apply to any cooperative education school
district established pursuant to divisions (A) to (C) of section
3311.52 of the Revised Code.

(A)
The board of education of each city, exempted village, and local
school district and the board of each cooperative education school
district established, pursuant to section 3311.521 of the Revised
Code, shall prescribe a curriculum for all schools under its control.
Except as provided in division (E) of this section, in any such
curriculum there shall be included the study of the following
subjects:

(1)
The language arts, including reading, writing, spelling, oral and
written English, and literature;

(2)
Geography, the history of the United States and of Ohio, and
national, state, and local government in the United States, including
a balanced presentation of the relevant contributions to society of
men and women of African, Mexican, Puerto Rican, and American Indian
descent as well as other ethnic and racial groups in Ohio and the
United States;

(3)
Mathematics;

(4)
Natural science, including instruction in the conservation of natural
resources;

(5)
Health education, which shall include instruction in:

(a)
The nutritive value of foods, including natural and organically
produced foods, the relation of nutrition to health, and the use and
effects of food additives;

(b)

The

Fentanyl
abuse prevention in accordance with section 3313.6031 of the Revised
Code, and the
harmful
effects of and legal restrictions against the use of drugs of abuse,
alcoholic beverages, and tobacco, including electronic smoking
devices;

(c)
Sexually transmitted infection education, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in sexually transmitted infection
education;

(d)
In grades kindergarten through six, annual developmentally
appropriate instruction in child sexual abuse prevention, including
information on available counseling and resources for children who
are sexually abused. Such instruction and information provided shall
not be connected in any way to any individual, entity, or
organization that provides, promotes, counsels, or makes referrals
for abortion or abortion-related services. Upon written request of
the student's parent or guardian, a student shall be excused from
taking instruction in child sexual abuse prevention.

(e)
In grades kindergarten through six, instruction in personal safety
and assault prevention, except that upon written request of the
student's parent or guardian, a student shall be excused from taking
instruction in personal safety and assault prevention;

(f)
In grades seven through twelve, developmentally appropriate
instruction in dating violence prevention education and sexual
violence prevention education, which shall include instruction in
recognizing dating violence warning signs and characteristics of
healthy relationships, except that upon written request of the
student's parent or guardian a student shall be excused from taking
instruction in sexual violence prevention.

In
order to assist school districts in developing a dating violence
prevention education and sexual violence prevention education
curriculum, the department of education and workforce shall provide
on its web site links to free curricula addressing dating violence
prevention and sexual violence prevention education. Such instruction
and information shall not be connected in any way to any individual,
entity, or organization that provides, promotes, counsels, or makes
referrals for abortion or abortion-related services.

Each
school district shall notify the parents and legal guardians of
students who receive instruction related to child sexual abuse
prevention and sexual violence prevention, as described under
divisions (A)(5)(d) and (f) of this section, of all of the following:

(i)
That instruction in child sexual abuse prevention and sexual violence
prevention is a required part of the district's curriculum;

(ii)
That upon request, parents and legal guardians may examine such
instructional materials in accordance with this section;

(iii)
That upon written request of the student's parent or guardian, a
student shall be excused from taking instruction in child sexual
abuse prevention and sexual violence prevention.

If
the parent or legal guardian of a student less than eighteen years of
age submits to the principal of the student's school a written
request to examine the dating violence prevention and sexual violence
prevention instruction materials used at that school, the principal,
within forty-eight hours after the request is made, shall allow the
parent or guardian to examine those materials at that school.

(g)
Prescription opioid abuse prevention, with an emphasis on the
prescription drug epidemic and the connection between prescription
opioid abuse and addiction to other drugs, such as heroin;

(h)
The process of making an anatomical gift under Chapter 2108. of the
Revised Code, with an emphasis on the life-saving and life-enhancing
effects of organ and tissue donation;

(i)
Beginning with the first day of the next school year that begins at
least two years after March 24, 2021, in grades six through twelve,
at least one hour or one standard class period per school year of
evidence-based suicide awareness and prevention and at least one hour
or one standard class period per school year of safety training and
violence prevention, except that upon written request of the
student's parent or guardian, a student shall be excused from taking
instruction in suicide awareness and prevention or safety training
and violence prevention;

(j)
Beginning with the first day of the next school year that begins at
least two years after March 24, 2021, in grades six through twelve,
at least one hour or one standard class period per school year of
evidence-based social inclusion instruction, except that upon written
request of the student's parent or guardian, a student shall be
excused from taking instruction in social inclusion.

For
the instruction required under divisions (A)(5)(i) and (j) of this
section, the board shall use a training program approved by the
department of education and workforce under section 3301.221 of the
Revised Code.

Schools
may use student assemblies, digital learning, and homework to satisfy
the instruction requirements under divisions (A)(5)(i) and (j) of
this section.

(6)
Physical education;

(7)
The fine arts, including music;

(8)
First aid, including a training program in cardiopulmonary
resuscitation, which shall comply with section 3313.6021 of the
Revised Code when offered in any of grades nine through twelve,
safety, and fire prevention. However, upon written request of the
student's parent or guardian, a student shall be excused from taking
instruction in cardiopulmonary resuscitation.

(B)
Except as provided in division (E) of this section, every school or
school district shall include in the requirements for promotion from
the eighth grade to the ninth grade one year's course of study of
American history. A board may waive this requirement for academically
accelerated students who, in accordance with procedures adopted by
the board, are able to demonstrate mastery of essential concepts and
skills of the eighth grade American history course of study.

(C)
As specified in divisions (B)(6) and (C)(6) of section 3313.603 of
the Revised Code, except as provided in division (E) of this section,
every high school shall include in the requirements for graduation
from any curriculum one-half unit each of American history and
government.

(D)
Except as provided in division (E) of this section, basic instruction
or demonstrated mastery in geography, United States history, the
government of the United States, the government of the state of Ohio,
local government in Ohio, the Declaration of Independence, the United
States Constitution, and the Constitution of the state of Ohio shall
be required before pupils may participate in courses involving the
study of social problems, economics, foreign affairs, United Nations,
world government, socialism, and communism.

(E)
For each cooperative education school district established pursuant
to section 3311.521 of the Revised Code and each city, exempted
village, and local school district that has territory within such a
cooperative district, the curriculum adopted pursuant to divisions
(A) to (D) of this section shall only include the study of the
subjects that apply to the grades operated by each such school
district. The curricula for such schools, when combined, shall
provide to each student of these districts all of the subjects
required under divisions (A) to (D) of this section.

(F)
The board of education of any cooperative education school district
established pursuant to divisions (A) to (C) of section 3311.52 of
the Revised Code shall prescribe a curriculum for the subject areas
and grade levels offered in any school under its control.

(G)
Upon the request of any parent or legal guardian of a student, the
board of education of any school district shall permit the parent or
guardian to promptly examine, with respect to the parent's or
guardian's own child:

(1)
Any survey or questionnaire, prior to its administration to the
child;

(2)
Any textbook, workbook, software, video, or other instructional
materials being used by the district in connection with the
instruction of the child;

(3)
Any completed and graded test taken or survey or questionnaire filled
out by the child;

(4)
Copies of the statewide academic standards and each model curriculum
developed pursuant to section 3301.079 of the Revised Code, which
copies shall be available at all times during school hours in each
district school building.

Sec.
3313.6031.
(A)
Beginning with the 2025-2026 school year and each school year
thereafter, the board of education of each city, local, exempted
village, and joint vocational school district shall provide
age-appropriate, research-based instruction regarding the dangers of
fentanyl to students in grades kindergarten to twelve.

(B)
The course material and instruction in fentanyl abuse prevention and
drug poisoning awareness required under division (A) of this section
shall include some or all of the following:

(1)
Information on fentanyl, including an explanation of the differences
between synthetic and nonsynthetic opioids and illicit drugs, the
variations of fentanyl, and the differences between the legal and
illegal uses of fentanyl;

(2)
The side effects and risk factors of using fentanyl, along with
information comparing the lethal amounts of fentanyl to other drugs.
Information on risk factors may include:

(a)
The lethal dose of fentanyl;

(b)
How often fentanyl is placed in drugs without a person's knowledge;

(c)
An explanation of what fentanyl does to a person's body and the
severity of fentanyl's addictive properties;

(d)
How the consumption of fentanyl can lead to hypoxia, as well as an
explanation of what hypoxia precisely does to a person's body.

(3)
The process of lacing fentanyl in other drugs and why drugs get laced
with fentanyl;

(4)
Detection of fentanyl in drugs and how to save someone from an
overdose of fentanyl, which shall include instruction on how to do
all of the following:

(a)
Buy and use fentanyl test strips;

(b)
Buy and use naloxone, either through a nasal spray or injections;

(c)
Recognize when a person is overdosing on fentanyl.

(5)
Awareness of school and community resources and any processes
involved in accessing those resources;

(6)
Information about substance use and abuse, including youth substance
abuse;

(7)
Guest presentations from community service and religious
organizations.

(C)
The instruction required under this section shall be taught by a
licensed educator, school nurse, school counselor, or public safety
officer.

Sec.
3313.6032.
Each
board of education of each city, local, exempted village, and joint
vocational school district shall designate a week during the school
year to be known as "fentanyl poisoning awareness week" to
educate students about the dangers posed by the drug fentanyl and the
risk of fentanyl poisoning, including overdose.

Sec.
3314.03.
A
copy of every contract entered into under this section shall be filed
with the director of education and workforce. The department of
education and workforce shall make available on its web site a copy
of every approved, executed contract filed with the director under
this section.

(A)
Each contract entered into between a sponsor and the governing
authority of a community school shall specify the following:

(1)
That the school shall be established as either of the following:

(a)
A nonprofit corporation established under Chapter 1702. of the
Revised Code, if established prior to April 8, 2003;

(b)
A public benefit corporation established under Chapter 1702. of the
Revised Code, if established after April 8, 2003.

(2)
The education program of the school, including the school's mission,
the characteristics of the students the school is expected to
attract, the ages and grades of students, and the focus of the
curriculum;

(3)
The academic goals to be achieved and the method of measurement that
will be used to determine progress toward those goals, which shall
include the statewide achievement assessments;

(4)
Performance standards, including but not limited to all applicable
report card measures set forth in section 3302.03 or 3314.017 of the
Revised Code, by which the success of the school will be evaluated by
the sponsor;

(5)
The admission standards of section 3314.06 of the Revised Code and,
if applicable, section 3314.061 of the Revised Code;

(6)(a)
Dismissal procedures;

(b)
A requirement that the governing authority adopt an attendance policy
that includes a procedure for automatically withdrawing a student
from the school if the student without a legitimate excuse fails to
participate in seventy-two consecutive hours of the learning
opportunities offered to the student.

(7)
The ways by which the school will achieve racial and ethnic balance
reflective of the community it serves;

(8)
Requirements for financial audits by the auditor of state. The
contract shall require financial records of the school to be
maintained in the same manner as are financial records of school
districts, pursuant to rules of the auditor of state. Audits shall be
conducted in accordance with section 117.10 of the Revised Code.

(9)
An addendum to the contract outlining the facilities to be used that
contains at least the following information:

(a)
A detailed description of each facility used for instructional
purposes;

(b)
The annual costs associated with leasing each facility that are paid
by or on behalf of the school;

(c)
The annual mortgage principal and interest payments that are paid by
the school;

(d)
The name of the lender or landlord, identified as such, and the
lender's or landlord's relationship to the operator, if any.

(10)
Qualifications of employees, including both of the following:

(a)
A requirement that the school's classroom teachers be licensed in
accordance with sections 3319.22 to 3319.31 of the Revised Code,
except that a community school may engage noncertificated persons to
teach up to twelve hours or forty hours per week pursuant to section
3319.301 of the Revised Code;

(b)
A prohibition against the school employing an individual described in
section 3314.104 of the Revised Code in any position.

(11)
That the school will comply with the following requirements:

(a)
The school will provide learning opportunities to a minimum of
twenty-five students for a minimum of nine hundred twenty hours per
school year.

(b)
The governing authority will purchase liability insurance, or
otherwise provide for the potential liability of the school.

(c)
The school will be nonsectarian in its programs, admission policies,
employment practices, and all other operations, and will not be
operated by a sectarian school or religious institution.

(d)
The school will comply with sections 9.90, 9.91, 109.65, 121.22,
149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712,
3301.0715, 3301.0729, 3301.948, 3302.037, 3313.472, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609,
3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6025,
3313.6026, 3313.6028, 3313.6029,
3313.6031,
3313.6032,
3313.643,
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671,
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719,
3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814,
3313.816, 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96,
3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318,
3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46,
3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041,
3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20,
3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123.,
4141., and 4167. of the Revised Code as if it were a school district
and will comply with section 3301.0714 of the Revised Code in the
manner specified in section 3314.17 of the Revised Code.

(e)
The school shall comply with Chapter 102. and section 2921.42 of the
Revised Code.

(f)
The school will comply with sections 3313.61, 3313.611, 3313.614,
3313.617, 3313.618, and 3313.6114 of the Revised Code, except that
for students who enter ninth grade for the first time before July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of the
community school rather than the curriculum specified in Title XXXIII
of the Revised Code or any rules of the department. Beginning with
students who enter ninth grade for the first time on or after July 1,
2010, the requirement in sections 3313.61 and 3313.611 of the Revised
Code that a person must successfully complete the curriculum of a
high school prior to receiving a high school diploma shall be met by
completing the requirements prescribed in section 3313.6027 and
division (C) of section 3313.603 of the Revised Code, unless the
person qualifies under division (D) or (F) of that section. Each
school shall comply with the plan for awarding high school credit
based on demonstration of subject area competency, and beginning with
the 2017-2018 school year, with the updated plan that permits
students enrolled in seventh and eighth grade to meet curriculum
requirements based on subject area competency adopted by the
department under divisions (J)(1) and (2) of section 3313.603 of the
Revised Code. Beginning with the 2018-2019 school year, the school
shall comply with the framework for granting units of high school
credit to students who demonstrate subject area competency through
work-based learning experiences, internships, or cooperative
education developed by the department under division (J)(3) of
section 3313.603 of the Revised Code.

(g)
The school governing authority will submit within four months after
the end of each school year a report of its activities and progress
in meeting the goals and standards of divisions (A)(3) and (4) of
this section and its financial status to the sponsor and the parents
of all students enrolled in the school.

(h)
The school, unless it is an internet- or computer-based community
school, will comply with section 3313.801 of the Revised Code as if
it were a school district.

(i)
If the school is the recipient of moneys from a grant awarded under
the federal race to the top program, Division (A), Title XIV,
Sections 14005 and 14006 of the "American Recovery and
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the
school will pay teachers based upon performance in accordance with
section 3317.141 and will comply with section 3319.111 of the Revised
Code as if it were a school district.

(j)
If the school operates a preschool program that is licensed by the
department under sections 3301.52 to 3301.59 of the Revised Code, the
school shall comply with sections 3301.50 to 3301.59 of the Revised
Code and the minimum standards for preschool programs prescribed in
rules adopted by the department of children and youth under section
3301.53 of the Revised Code.

(k)
The school will comply with sections 3313.6021 and 3313.6023 of the
Revised Code as if it were a school district unless it is either of
the following:

(i)
An internet- or computer-based community school;

(ii)
A community school in which a majority of the enrolled students are
children with disabilities as described in division (B)(2) of section
3314.35 of the Revised Code.

(l)
The school will comply with section 3321.191 of the Revised Code,
unless it is an internet- or computer-based community school that is
subject to section 3314.261 of the Revised Code.

(12)
Arrangements for providing health and other benefits to employees;

(13)
The length of the contract, which shall begin at the beginning of an
academic year. No contract shall exceed five years unless such
contract has been renewed pursuant to division (E) of this section.

(14)
The governing authority of the school, which shall be responsible for
carrying out the provisions of the contract;

(15)
A financial plan detailing an estimated school budget for each year
of the period of the contract and specifying the total estimated per
pupil expenditure amount for each such year.

(16)
Requirements and procedures regarding the disposition of employees of
the school in the event the contract is terminated or not renewed
pursuant to section 3314.07 of the Revised Code;

(17)
Whether the school is to be created by converting all or part of an
existing public school or educational service center building or is
to be a new start-up school, and if it is a converted public school
or service center building, specification of any duties or
responsibilities of an employer that the board of education or
service center governing board that operated the school or building
before conversion is delegating to the governing authority of the
community school with respect to all or any specified group of
employees provided the delegation is not prohibited by a collective
bargaining agreement applicable to such employees;

(18)
Provisions establishing procedures for resolving disputes or
differences of opinion between the sponsor and the governing
authority of the community school;

(19)
A provision requiring the governing authority to adopt a policy
regarding the admission of students who reside outside the district
in which the school is located. That policy shall comply with the
admissions procedures specified in sections 3314.06 and 3314.061 of
the Revised Code and, at the sole discretion of the authority, shall
do one of the following:

(a)
Prohibit the enrollment of students who reside outside the district
in which the school is located;

(b)
Permit the enrollment of students who reside in districts adjacent to
the district in which the school is located;

(c)
Permit the enrollment of students who reside in any other district in
the state.

(20)
A provision recognizing the authority of the department to take over
the sponsorship of the school in accordance with the provisions of
division (C) of section 3314.015 of the Revised Code;

(21)
A provision recognizing the sponsor's authority to assume the
operation of a school under the conditions specified in division (B)
of section 3314.073 of the Revised Code;

(22)
A provision recognizing both of the following:

(a)
The authority of public health and safety officials to inspect the
facilities of the school and to order the facilities closed if those
officials find that the facilities are not in compliance with health
and safety laws and regulations;

(b)
The authority of the department as the community school oversight
body to suspend the operation of the school under section 3314.072 of
the Revised Code if the department has evidence of conditions or
violations of law at the school that pose an imminent danger to the
health and safety of the school's students and employees and the
sponsor refuses to take such action.

(23)
A description of the learning opportunities that will be offered to
students including both classroom-based and non-classroom-based
learning opportunities that is in compliance with criteria for
student participation established by the department under division
(H)(2) of section 3314.08 of the Revised Code;

(24)
The school will comply with sections 3302.04 and 3302.041 of the
Revised Code, except that any action required to be taken by a school
district pursuant to those sections shall be taken by the sponsor of
the school.

(25)
Beginning in the 2006-2007 school year, the school will open for
operation not later than the thirtieth day of September each school
year, unless the mission of the school as specified under division
(A)(2) of this section is solely to serve dropouts. In its initial
year of operation, if the school fails to open by the thirtieth day
of September, or within one year after the adoption of the contract
pursuant to division (D) of section 3314.02 of the Revised Code if
the mission of the school is solely to serve dropouts, the contract
shall be void.

(26)
Whether the school's governing authority is planning to seek
designation for the school as a STEM school equivalent under section
3326.032 of the Revised Code;

(27)
That the school's attendance and participation policies will be
available for public inspection;

(28)
That the school's attendance and participation records shall be made
available to the department, auditor of state, and school's sponsor
to the extent permitted under and in accordance with the "Family
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20
U.S.C. 1232g, as amended, and any regulations promulgated under that
act, and section 3319.321 of the Revised Code;

(29)
If a school operates using the blended learning model, as defined in
section 3301.079 of the Revised Code, all of the following
information:

(a)
An indication of what blended learning model or models will be used;

(b)
A description of how student instructional needs will be determined
and documented;

(c)
The method to be used for determining competency, granting credit,
and promoting students to a higher grade level;

(d)
The school's attendance requirements, including how the school will
document participation in learning opportunities;

(e)
A statement describing how student progress will be monitored;

(f)
A statement describing how private student data will be protected;

(g)
A description of the professional development activities that will be
offered to teachers.

(30)
A provision requiring that all moneys the school's operator loans to
the school, including facilities loans or cash flow assistance, must
be accounted for, documented, and bear interest at a fair market
rate;

(31)
A provision requiring that, if the governing authority contracts with
an attorney, accountant, or entity specializing in audits, the
attorney, accountant, or entity shall be independent from the
operator with which the school has contracted.

(32)
A provision requiring the governing authority to adopt an enrollment
and attendance policy that requires a student's parent to notify the
community school in which the student is enrolled when there is a
change in the location of the parent's or student's primary
residence.

(33)
A provision requiring the governing authority to adopt a student
residence and address verification policy for students enrolling in
or attending the school.

(B)
The community school shall also submit to the sponsor a comprehensive
plan for the school. The plan shall specify the following:

(1)
The process by which the governing authority of the school will be
selected in the future;

(2)
The management and administration of the school;

(3)
If the community school is a currently existing public school or
educational service center building, alternative arrangements for
current public school students who choose not to attend the converted
school and for teachers who choose not to teach in the school or
building after conversion;

(4)
The instructional program and educational philosophy of the school;

(5)
Internal financial controls.

When
submitting the plan under this division, the school shall also submit
copies of all policies and procedures regarding internal financial
controls adopted by the governing authority of the school.

(C)
A contract entered into under section 3314.02 of the Revised Code
between a sponsor and the governing authority of a community school
may provide for the community school governing authority to make
payments to the sponsor, which is hereby authorized to receive such
payments as set forth in the contract between the governing authority
and the sponsor. The total amount of such payments for monitoring,
oversight, and technical assistance of the school shall not exceed
three per cent of the total amount of payments for operating expenses
that the school receives from the state.

(D)
The contract shall specify the duties of the sponsor which shall be
in accordance with the written agreement entered into with the
department under division (B) of section 3314.015 of the Revised Code
and shall include the following:

(1)
Monitor the community school's compliance with all laws applicable to
the school and with the terms of the contract;

(2)
Monitor and evaluate the academic and fiscal performance and the
organization and operation of the community school on at least an
annual basis;

(3)
Provide technical assistance to the community school in complying
with laws applicable to the school and terms of the contract;

(4)
Take steps to intervene in the school's operation to correct problems
in the school's overall performance, declare the school to be on
probationary status pursuant to section 3314.073 of the Revised Code,
suspend the operation of the school pursuant to section 3314.072 of
the Revised Code, or terminate the contract of the school pursuant to
section 3314.07 of the Revised Code as determined necessary by the
sponsor;

(5)
Have in place a plan of action to be undertaken in the event the
community school experiences financial difficulties or closes prior
to the end of a school year.

(E)
Upon the expiration of a contract entered into under this section,
the sponsor of a community school may, with the approval of the
governing authority of the school, renew that contract for a period
of time determined by the sponsor, but not ending earlier than the
end of any school year, if the sponsor finds that the school's
compliance with applicable laws and terms of the contract and the
school's progress in meeting the academic goals prescribed in the
contract have been satisfactory. Any contract that is renewed under
this division remains subject to the provisions of sections 3314.07,
3314.072, and 3314.073 of the Revised Code.

(F)
If a community school fails to open for operation within one year
after the contract entered into under this section is adopted
pursuant to division (D) of section 3314.02 of the Revised Code or
permanently closes prior to the expiration of the contract, the
contract shall be void and the school shall not enter into a contract
with any other sponsor. A school shall not be considered permanently
closed because the operations of the school have been suspended
pursuant to section 3314.072 of the Revised Code.

Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.948,
3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310,
3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6025, 3313.6026,
3313.6028, 3313.6029,
3313.6031,
3313.6032,
3313.61,
3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114,
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717,
3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753,
3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819,
3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812,
3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35,
3319.39, 3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614,
3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05,
3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191,
3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262,
5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307.,
3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised
Code as if it were a school district.

Sec.
3328.24.
A
college-preparatory boarding school established under this chapter
and its board of trustees shall comply with sections 102.02,
3301.0710, 3301.0711, 3301.0712, 3301.0714, 3301.0729, 3301.948,
3302.037, 3313.5318, 3313.5319, 3313.6013, 3313.6021, 3313.6023,
3313.6024, 3313.6025, 3313.6026, 3313.6029,

3313.6031, 3313.6032,

3313.617, 3313.618, 3313.6114, 3313.6411, 3313.6413, 3313.668,
3313.669, 3313.6610, 3313.717, 3313.7112, 3313.7117, 3313.721,
3313.753, 3313.89, 3319.073, 3319.077, 3319.078, 3319.318, 3319.324,
3319.39, 3319.391, 3319.393, 3319.46, 3320.01, 3320.02, 3320.03,
3320.04, 3323.251, and 5502.262, and Chapter 3365. of the Revised
Code as if the school were a school district and the school's board
of trustees were a district board of education.

Sec.
3345.372.
(A)
Each state institution of higher education, as defined in section
3345.011 of the Revised Code, shall develop and implement an
age-appropriate and research-based education program to advise
students regarding the dangers of fentanyl.

(B)
The education program on fentanyl abuse prevention and drug poisoning
awareness required under division (A) of this section shall include
all of the following:

(1)
Information on fentanyl, including an explanation of the differences
between synthetic and nonsynthetic opioids and illicit drugs, the
variations of fentanyl, and the differences between the legal and
illegal uses of fentanyl;

(2)
The side effects and risk factors of using fentanyl, along with
information comparing the lethal amounts of fentanyl to other drugs.
Information on risk factors may include:

(a)
The lethal dose of fentanyl;

(b)
How often fentanyl is placed in drugs without a person's knowledge;

(c)
An explanation of what fentanyl does to a person's body and the
severity of fentanyl's addictive properties;

(d)
How the consumption of fentanyl can lead to hypoxia, as well as an
explanation of what hypoxia precisely does to a person's body.

(3)
The process of lacing fentanyl in other drugs and why drugs get laced
with fentanyl;

(4)
Detection of fentanyl in drugs and how to save someone from an
overdose of fentanyl, which shall include instruction on how to do
all of the following:

(a)
Buy and use fentanyl test strips;

(b)
Buy and use naloxone, either through a nasal spray or injections;

(c)
Recognize when a person is overdosing on fentanyl.

(5)
Awareness of university and community resources and any processes
involved in accessing those resources;

(6)
Information about substance use and abuse.

Sec.
3705.08.
(A)
The director of health, by rule, shall prescribe the form of records
and certificates required by this chapter. Records and certificates
shall include the items and information prescribed by the director,
including the items recommended by the national center for health
statistics of the United States department of health and human
services, subject to approval of and modification by the director.

(B)
All birth certificates shall include a statement setting forth the
names of the child's parents.

(C)
All death certificates shall include, in the medical certification
portion of the certificate, a space to indicate, if the deceased
individual is female and the manner of death is determined to be a
suspicious or violent death, whether any of the following conditions
apply to the individual:

(1)
Not pregnant within the past year;

(2)
Pregnant at the time of death;

(3)
Not pregnant, but had been pregnant within forty-two days prior to
the time of death;

(4)
Not pregnant, but had been pregnant within forty-three days to one
year prior to the time of death;

(5)
Unknown whether pregnant within the past year.

(D)(1)

(D)
All death certificates shall include, in the medical certification
portion of the certificate, a space to indicate whether the cause of
death was due to fentanyl poisoning and shall include the term
"fentanyl poisoning" on the certificate if both of the
following apply:

(1)
A toxicology examination reveals fentanyl or a fentanyl-related
compound, as defined in section 2925.01 of the Revised Code, was
present in the body of the decedent in an amount or concentration
that is considered to be lethal by generally accepted scientific
standards;

(2)
The results of an autopsy performed on the decedent are consistent
with an opioid overdose as the cause of death.

(E)(1)

The
director shall prescribe electronic methods and forms for obtaining
registration of births, deaths, and other vital statistics in each
registration district, and for preserving the records of the office
of vital statistics, and no forms or blanks shall be used other than
those prescribed by the director.

(2)
All birth, fetal death, and death records and certificates shall be
certified. Except as provided in division (G) of section 3705.09,
section 3705.12, 3705.121, 3705.122, or 3705.124, division (D) of
section 3705.15, or section 3705.16 of the Revised Code, a birth
certificate requiring signature may be electronically certified by
the person in charge of the institution or that person's designee. A
death certificate may be electronically certified by the individual
who attests to the facts of death.

(3)
All vital records shall contain the date received for filing.

(4)
Information and signatures required in certificates, records, or
reports authorized by this chapter may be filed and registered by
photographic, electronic, or other means as prescribed by the
director.

Section
2.
That
existing sections 2923.31, 2925.01, 2925.03, 2925.11, 2929.14,
3313.60, 3314.03, 3326.11, 3328.24, and 3705.08 of the Revised Code
are hereby repealed.

Section
3.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2923.31 of the Revised Code, as amended by both H.B. 199 and H.B. 405
of the 132nd General Assembly.

Section
2925.11 of the Revised Code, as amended by both H.B. 29 and S.B. 95
of the 135th General Assembly.

Section
2929.14 of the Revised Code, as amended by both H.B. 56 and S.B. 106
of the 135th General Assembly.

Section
3314.03 of the Revised Code, as amended by H.B. 214, H.B. 250, and
S.B. 168, all of the 135th General Assembly.

Section
3326.11 of the Revised Code, as amended by H.B. 47, H.B. 214, and
S.B. 168, all of the 135th General Assembly.

Section
3328.24 of the Revised Code, as amended by both H.B. 47 and H.B. 214
of the 135th General Assembly.