2006 Ohio Revised Code - 2925.22. Deception to obtain a dangerous drug.

§ 2925.22. Deception to obtain a dangerous drug.
 

(A)  No person, by deception, as defined in section 2913.01 of the Revised Code, shall procure the administration of, a prescription for, or the dispensing of, a dangerous drug or shall possess an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug. 

(B)  Whoever violates this section is guilty of deception to obtain a dangerous drug. The penalty for the offense shall be determined as follows: 

(1) If the drug involved is a compound, mixture, preparation, or substance included in schedule I or II, with the exception of marihuana, deception to obtain 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. 

(2) If the drug involved is a dangerous drug or a compound, mixture, preparation, or substance included in schedule III, IV, or V or is marihuana, deception to obtain a dangerous drug 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. 

(C)  In addition to any prison term authorized or required by division (B) 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 shall do both of the following: 

(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. 

(D)  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. 
 

HISTORY: 136 v H 300 (Eff 7-1-76); 143 v S 258 (Eff 11-20-90); 143 v H 615 (Eff 3-27-91); 145 v H 377 (Eff 9-30-93); 146 v S 2 (Eff 7-1-96); 146 v S 269. Eff 7-1-96; 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 § 2925.01. 

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, in (C)(1), inserted "offender's" and deleted "of any person who is convicted of or has pleaded guilty to a violation of this section" at the end of the paragraph; in (C)(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".