2006 Ohio Revised Code - 2925.13. Permitting drug abuse.
§ 2925.13. Permitting drug abuse.
(A) No person who is the owner, operator, or person in charge of a locomotive, watercraft, aircraft, or other vehicle, as defined in division (A) of section 4501.01 of the Revised Code, shall knowingly permit the vehicle to be used for the commission of a felony drug abuse offense.
(B) No person who is the owner, lessee, or occupant, or who has custody, control, or supervision, of premises or real estate, including vacant land, shall knowingly permit the premises or real estate, including vacant land, to be used for the commission of a felony drug abuse offense by another person.
(C) (1) Whoever violates this section is guilty of permitting drug abuse.
(2) Except as provided in division (C) (3) of this section, permitting drug abuse is a misdemeanor of the first degree.
(3) Permitting drug abuse 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, if the felony drug abuse offense in question is a violation of section 2925.02 or 2925.03 of the Revised Code.
(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 a person who is convicted of or pleads guilty to a violation of division (A) of this section shall do all of the following that are applicable regarding the offender:
(1) 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.
(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.
(E) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay a 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.
(F) Any premises or real estate that is permitted to be used in violation of division (B) of this section constitutes a nuisance subject to abatement pursuant to
Chapter 3767. of the Revised Code.
HISTORY: 136 v H 300 (Eff 7-1-76); 143 v H 215 (Eff 4-11-90); 143 v S 258 (Eff 11-20-90); 144 v H 591 (Eff 11-2-92); 145 v H 377 (Eff 9-30-93); 146 v S 2 (Eff 7-1-96); 146 v S 269 (Eff 7-1-96); 148 v S 107. Eff 3-23-2000; 149 v S 123, § 1, eff. 1-1-04.
The effective date is set by section 4 of S.B. 123.
See provisions of § 5 of S.B. 123 (149 v - ) following RC §
Effect of Amendments
S.B. 123, Acts 2002, effective January 1, 2004, in (D)(1), inserted "offender's" and deleted "of the offender" at the end of the paragraph; in (D)(2), deleted "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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