Effective: March 22, 2020
Latest Legislation: Senate Bill 229 - 132nd General Assembly
(A) As used in this section:
(1) "Pure caffeine product" means, subject to division (A)(2) of this section, a product that consists solely or primarily of caffeine and is manufactured into a crystalline, liquid, or powdered form.
(2) "Pure caffeine product" does not include any of the following that contains caffeine and is formulated, manufactured, and labeled in accordance with the laws and regulations enforced by the United States Food and Drug Administration:
(a) Coffee, tea, any soft drink, any energy drink, or any other caffeine-containing beverage;
(b) Any energy product.
(B) Except as provided in division (C) of this section, no person shall knowingly sell or offer for sale a pure caffeine product.
(C) Division (B) of this section does not prohibit a person from selling or offering for sale any product manufactured in a unit-dose form such as a pill, tablet, or caplet, but only if each unit dose of the product contains not more than two hundred fifty milligrams of caffeine.
(D) Nothing in this section prohibits either of the following:
(1) Possession of a product described in division (C) of this section;
(2) Possession of a pure caffeine product by any of the following:
(a) A food processing establishment, as defined in section 3715.021 of the Revised Code;
(b) A manufacturer of a drug that is available without a prescription;
(c) A laboratory that holds a current, valid category III terminal distributor of dangerous drugs license issued by the state board of pharmacy under section 4729.54 of the Revised Code;
(d) A laboratory of any agency or department of this state that performs testing, analysis, and other laboratory services on behalf of the state;
(e) A postal or delivery service that transports or delivers a pure caffeine product to an entity specified in divisions (D)(2)(a) to (d) of this section.
(E) Whoever violates division (B) of this section is guilty of illegal sale of pure caffeine, a minor misdemeanor on a first offense and a misdemeanor of the third degree on each subsequent offense.
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.