2006 Ohio Revised Code - 2925.12. Possessing drug abuse instruments.

§ 2925.12. Possessing drug abuse instruments.

(A)  No person shall knowingly make, obtain, possess, or use any instrument, article, or thing the customary and primary purpose of which is for the administration or use of a dangerous drug, other than marihuana, when the instrument involved is a hypodermic or syringe, whether or not of crude or extemporized manufacture or assembly, and the instrument, article, or thing involved has been used by the offender to unlawfully administer or use a dangerous drug, other than marihuana, or to prepare a dangerous drug, other than marihuana, for unlawful administration or use. 

(B)  This section does not apply to 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., and 4741. of the Revised Code. 

(C)  Whoever violates this section is guilty of possessing drug abuse instruments, a misdemeanor of the second degree. If the offender previously has been convicted of a drug abuse offense, a violation of this section is a misdemeanor of the first degree. 

(D)  In addition to any other sanction imposed upon an offender for a violation of this section, the court shall suspend for not less than six months or more than five years the offender's driver's or commercial driver's license or permit. 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. 

HISTORY: 136 v H 300 (Eff 7-1-76); 143 v S 258 (Eff 11-20-90); 145 v H 377 (Eff 9-30-93); 145 v H 391 (Eff 7-21-94); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 147 v S 66 (Eff 7-22-98); 148 v H 241. Eff 5-17-2000; 149 v S 123, § 1, eff. 1-1-04; 151 v S 154, § 1, eff. 5-17-06.

The effective date is set by section 4 of S.B. 123. 

See provisions of § 5 of S.B. 123 (149 v  - ) following RC § 2925.01. 


Effect of Amendments

151 v S 154, effective May 17, 2006, inserted "4730" in (B). 

S.B. 123, Acts 2002, effective January 1, 2004, in (D), inserted "upon an offender" and "offender's", deleted "of any person who is convicted of or has pleaded guilty to a violation of this section" following "license or permit" and "or a person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules" following "licensed person", and substituted "immediately" for "forthwith". 

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