Effective: October 31, 2018
Latest Legislation: Senate Bill 1 - 132nd General Assembly
(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 e ither of the following applies:
(a) The felony drug abuse offense in question is a violation of section 2925.02, 2925.03, or 2925.04 of the Revised Code.
(b) The felony drug abuse offense in question is a violation of section 2925.041 of the Revised Code and the offender had actual knowledge, at the time the offender permitted the vehicle, premises, or real estate to be used as described in division (A) or (B) of this section, that the person who assembled or possessed the chemicals in question in violation of section 2925.041 of the Revised Code had assembled or possessed them with the intent to manufacture a controlled substance in schedule I or II in violation of section 2925.04 of the Revised Code.
(D)(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 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 may suspend for not more than five years the offender's driver's or commercial driver's license or permit. 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 for not more than five years.
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.
(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 S eptember 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 (D)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
(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.
Structure Ohio Revised Code
Section 2925.01 | Drug Offense Definitions.
Section 2925.02 | Corrupting Another With Drugs.
Section 2925.03 | Trafficking, Aggravated Trafficking in Drugs.
Section 2925.041 | Illegal Assembly or Possession of Chemicals for Manufacture of Drugs.
Section 2925.05 | Funding, Aggravated Funding of Drug or Marihuana Trafficking.
Section 2925.06 | Illegal Administration or Distribution of Anabolic Steroids.
Section 2925.09 | Unapproved Drugs - Dangerous Drug Offenses Involving Livestock.
Section 2925.11 | Possession of Controlled Substances.
Section 2925.12 | Possessing Drug Abuse Instruments.
Section 2925.13 | Permitting Drug Abuse.
Section 2925.14 | Illegal Use or Possession of Drug Paraphernalia.
Section 2925.141 | Illegal Use or Possession of Marihuana Drug Paraphernalia.
Section 2925.22 | Deception to Obtain a Dangerous Drug.
Section 2925.23 | Illegal Processing of Drug Documents.
Section 2925.24 | Tampering With Drugs.
Section 2925.31 | Abusing Harmful Intoxicants.
Section 2925.33 | Possessing Nitrous Oxide in Motor Vehicle.
Section 2925.34 | Sale of Pure Caffeine Product.
Section 2925.36 | Illegal Dispensing of Drug Samples.
Section 2925.37 | Counterfeit Controlled Substance Offenses.
Section 2925.42 | Criminal Forfeiture of Property Relating to Felony Drug Abuse Offense.
Section 2925.51 | Evidence in Drug Offense Cases.
Section 2925.511 | Reimbursement for Costs of Positive Drug Tests.
Section 2925.52 | Motion for Destruction of Chemicals for Methamphetamine Production.
Section 2925.55 | Unlawful Purchase of Pseudoephedrine or Ephedrine Product.
Section 2925.56 | Unlawful Sale of Pseudoephedrine or Ephedrine Product.
Section 2925.57 | Illegal Pseudoephedrine or Ephedrine Product Transaction Scan.
Section 2925.58 | Unlawful Sale of Pseudoephedrine Product to Minor - Affirmative Defense.
Section 2925.61 | Lawful Administration of Overdose Reversal Drug.