Effective: March 20, 2013
Latest Legislation: House Bill 334 - 129th General Assembly
(A)(1) Except as provided in division (A)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall knowingly sell, offer to sell, hold for sale, deliver, or otherwise provide to any individual an amount of pseudoephedrine product or ephedrine product that is greater than either of the following:
(a) Three and sixtenths grams within a period of a single day;
(b) Nine grams within a period of thirty consecutive days.
The maximum amounts specified in divisions (A)(1)(a) and (b) of this section apply to the total amount of base pseudoephedrine or base ephedrine in the pseudoephedrine product or ephedrine product, respectively. The maximum amounts do not apply to the product's overall weight.
(2)(a) Division (A)(1) of this section does not apply to any quantity of pseudoephedrine product or ephedrine product dispensed by a pharmacist pursuant to a valid prescription issued by a licensed health professional authorized to prescribe drugs if the conduct of the pharmacist and the licensed health professional authorized to prescribe drugs is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code.
(b) It is not a violation of division (A)(1) of this section for a retailer, terminal distributor of dangerous drugs, or employee of either to provide to an individual more than an amount of pseudoephedrine product or ephedrine product specified in division (A)(1)(a) or (b) of this section under either of the following circumstances:
(i) The individual is an employee of the retailer or terminal distributor of dangerous drugs, and the employee receives or accepts from the retailer, terminal distributor of dangerous drugs, or employee the pseudoephedrine product or ephedrine product in a sealed container in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product;
(ii) A stop-sale alert is generated after the submission of information to the national precursor log exchange under the conditions described in division (A)(2) of section 3715.052 of the Revised Code.
(B)(1) Except as provided in division (B)(2) of this section, no retailer or terminal distributor of dangerous drugs or an employee of a retailer or terminal distributor of dangerous drugs shall sell, offer to sell, hold for sale, deliver, or otherwise provide a pseudoephedrine product or ephedrine product to an individual who is under eighteen years of age.
(2) Division (B)(1) of this section does not apply to any of the following:
(a) A licensed health professional authorized to prescribe drugs or pharmacist who dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under eighteen years of age and whose conduct is in accordance with Chapter 3719., 4715., 4723., 4729., 4730., 4731., or 4741. of the Revised Code;
(b) A parent or guardian of an individual under eighteen years of age who provides a pseudoephedrine product or ephedrine product to the individual;
(c) A person who, as authorized by the individual's parent or guardian, dispenses, sells, or otherwise provides a pseudoephedrine product or ephedrine product to an individual under eighteen years of age;
(d) The provision by a retailer, terminal distributor of dangerous drugs, or employee of either of a pseudoephedrine product or ephedrine product in a sealed container to an employee of the retailer or terminal distributor of dangerous drugs who is under eighteen years of age in connection with manufacturing, warehousing, placement, stocking, bagging, loading, or unloading of the product.
(C) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (A) of section 3715.051 or division (A)(2) of section 3715.052 of the Revised Code.
(D) No retailer or terminal distributor of dangerous drugs shall fail to comply with the requirements of division (A)(1) of section 3715.052 of the Revised Code.
(E) Whoever violates division (A)(1) of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product, a misdemeanor of the first degree.
(F) Whoever violates division (B)(1) of this section is guilty of unlawfully selling a pseudoephedrine product or ephedrine product to a minor, a misdemeanor of the fourth degree.
(G) Whoever violates division (C) of this section is guilty of improper sale of a pseudoephedrine product or ephedrine product, a misdemeanor of the second degree.
(H) Whoever violates division (D) of this section is guilty of failing to submit information to the national precursor log exchange, a misdemeanor for which the offender shall be fined not more than one thousand dollars per violation.
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.