Terms Used In Ohio Code > Chapter 2925 - Drug Offenses

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adulterate: means to cause a drug to be adulterated as described in section 3715. See Ohio Code 2925.01
• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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. See Ohio Code 2925.01
• Child: includes child by adoption. See Ohio Code 1.59
• Circumstantial evidence: All evidence except eyewitness testimony.
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• 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. See Ohio Code 2925.01

• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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. See Ohio Code 2925.01

• Cultivate: includes planting, watering, fertilizing, or tilling. See Ohio Code 2925.01
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• 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. See Ohio Code 2925.01
• Drug abuse offense: means any of the following:

  (1) A violation of division (A) of section 2913. See Ohio Code 2925.01

• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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. See Ohio Code 2925.01
• 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. See Ohio Code 2925.01

• First degree felony mandatory prison term: means one of the definite prison terms prescribed in division (A)(1)(b) of section 2929. See Ohio Code 2925.01
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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. See Ohio Code 2925.01

• Juvenile: means a person under eighteen years of age. See Ohio Code 2925.01
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• 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. See Ohio Code 2925.01
• Maximum first degree felony mandatory prison term: means the maximum definite prison term prescribed in division (A)(1)(b) of section 2929. See Ohio Code 2925.01
• Maximum second degree felony mandatory prison term: means the maximum definite prison term prescribed in division (A)(2)(b) of section 2929. See Ohio Code 2925.01
• 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. See Ohio Code 2925.01
• Minor drug possession offense: means either of the following:

  (1) A violation of section 2925. See Ohio Code 2925.01

• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Physician assistant: means an individual who is licensed under Chapter 4730 of the Revised Code to provide services as a physician assistant to patients under the supervision, control, and direction of one or more physicians. See Ohio Code 1.64
• 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. See Ohio Code 2925.01
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• presumption that a prison term shall be imposed: means a presumption, as described in division (D) of section 2929. See Ohio Code 2925.01
• 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. See Ohio Code 2925.01
• 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 certificate of registration as a registered barber 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 cosmetologist's license, advanced hair designer's license, advanced manicurist's license, advanced esthetician's license, advanced natural hair stylist's license, 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 4736 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. See Ohio Code 2925.01

• Property: means real and personal property. See Ohio Code 1.59
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public premises: means any hotel, restaurant, tavern, store, arena, hall, or other place of public accommodation, business, amusement, or resort. See Ohio Code 2925.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Rule: includes regulation. See Ohio Code 1.59
• 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. See Ohio Code 2925.01
• 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 state board of education prescribes minimum standards under section 3301. See Ohio Code 2925.01
• 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. See Ohio Code 2925.01
• 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 state board of education prescribes minimum standards under section 3301. See Ohio Code 2925.01

• Second degree felony mandatory prison term: means one of the definite prison terms prescribed in division (A)(2)(b) of section 2929. See Ohio Code 2925.01
• Standard pharmaceutical reference manual: means the current edition, with cumulative changes if any, of references that are approved by the state board of pharmacy. See Ohio Code 2925.01
• state: means the state of Ohio. See Ohio Code 1.59
• 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. See Ohio Code 2925.01

• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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. See Ohio Code 2925.01
• United States: includes all the states. See Ohio Code 1.59
• Verdict: The decision of a petit jury or a judge.
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02