Ohio Code 2925.141 – Illegal use or possession of marihuana drug paraphernalia
(A) As used in this section, “drug paraphernalia” has the same meaning as in section 2925.14 of the Revised Code.
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Minor misdemeanor | up to $150 |
Terms Used In Ohio Code 2925.141
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- possession: means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found. See Ohio Code 2925.01
- Professionally licensed person: means any of the following:
(1) A person who has received a certificate or temporary certificate as a certified public accountant or who has registered as a public accountant under Chapter 4701 of the Revised Code and who holds an Ohio permit issued under that chapter;
(2) A person who holds a certificate of qualification to practice architecture issued or renewed and registered under Chapter 4703 of the Revised Code;
(3) A person who is registered as a landscape architect under Chapter 4703 of the Revised Code or who holds a permit as a landscape architect issued under that chapter;
(4) A person licensed under Chapter 4707 of the Revised Code;
(5) A person who has been issued a certificate of registration as a registered barber under Chapter 4709 of the Revised Code;
(6) A person licensed and regulated to engage in the business of a debt pooling company by a legislative authority, under authority of Chapter 4710 of the Revised Code;
(7) A person who has been issued a cosmetologist's license, hair designer's license, manicurist's license, esthetician's license, natural hair stylist's license, advanced cosmetologist's license, advanced hair designer's license, advanced manicurist's license, advanced esthetician's license, advanced natural hair stylist's license, cosmetology instructor's license, hair design instructor's license, manicurist instructor's license, esthetics instructor's license, natural hair style instructor's license, independent contractor's license, or tanning facility permit under Chapter 4713 of the Revised Code;
(8) A person who has been issued a license to practice dentistry, a general anesthesia permit, a conscious sedation permit, a limited resident's license, a limited teaching license, a dental hygienist's license, or a dental hygienist's teacher's certificate under Chapter 4715 of the Revised Code;
(9) A person who has been issued an embalmer's license, a funeral director's license, a funeral home license, or a crematory license, or who has been registered for an embalmer's or funeral director's apprenticeship under Chapter 4717 of the Revised Code;
(10) A person who has been licensed as a registered nurse or practical nurse, or who has been issued a certificate for the practice of nurse-midwifery under Chapter 4723 of the Revised Code;
(11) A person who has been licensed to practice optometry or to engage in optical dispensing under Chapter 4725 of the Revised Code;
(12) A person licensed to act as a pawnbroker under Chapter 4727 of the Revised Code;
(13) A person licensed to act as a precious metals dealer under Chapter 4728 of the Revised Code;
(14) A person licensed under Chapter 4729 of the Revised Code as a pharmacist or pharmacy intern or registered under that chapter as a registered pharmacy technician, certified pharmacy technician, or pharmacy technician trainee;
(15) A person licensed under Chapter 4729 of the Revised Code as a manufacturer of dangerous drugs, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, wholesale distributor of dangerous drugs, or terminal distributor of dangerous drugs;
(16) A person who is authorized to practice as a physician assistant under Chapter 4730 of the Revised Code;
(17) A person who has been issued a license to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery under Chapter 4731 of the Revised Code or has been issued a certificate to practice a limited branch of medicine under that chapter;
(18) A person licensed as a psychologist, independent school psychologist, or school psychologist under Chapter 4732 of the Revised Code;
(19) A person registered to practice the profession of engineering or surveying under Chapter 4733 of the Revised Code;
(20) A person who has been issued a license to practice chiropractic under Chapter 4734 of the Revised Code;
(21) A person licensed to act as a real estate broker or real estate salesperson under Chapter 4735 of the Revised Code;
(22) A person registered as a registered environmental health specialist under Chapter 3776 of the Revised Code;
(23) A person licensed to operate or maintain a junkyard under Chapter 4737 of the Revised Code;
(24) A person who has been issued a motor vehicle salvage dealer's license under Chapter 4738 of the Revised Code;
(25) A person who has been licensed to act as a steam engineer under Chapter 4739 of the Revised Code;
(26) A person who has been issued a license or temporary permit to practice veterinary medicine or any of its branches, or who is registered as a graduate animal technician under Chapter 4741 of the Revised Code;
(27) A person who has been issued a hearing aid dealer's or fitter's license or trainee permit under Chapter 4747 of the Revised Code;
(28) A person who has been issued a class A, class B, or class C license or who has been registered as an investigator or security guard employee under Chapter 4749 of the Revised Code;
(29) A person licensed to practice as a nursing home administrator under Chapter 4751 of the Revised Code;
(30) A person licensed to practice as a speech-language pathologist or audiologist under Chapter 4753 of the Revised Code;
(31) A person issued a license as an occupational therapist or physical therapist under Chapter 4755 of the Revised Code;
(32) A person who is licensed as a licensed professional clinical counselor, licensed professional counselor, social worker, independent social worker, independent marriage and family therapist, or marriage and family therapist, or registered as a social work assistant under Chapter 4757 of the Revised Code;
(33) A person issued a license to practice dietetics under Chapter 4759 of the Revised Code;
(34) A person who has been issued a license or limited permit to practice respiratory therapy under Chapter 4761 of the Revised Code;
(35) A person who has been issued a real estate appraiser certificate under Chapter 4763 of the Revised Code;
(36) A person who has been issued a home inspector license under Chapter 4764 of the Revised Code;
(37) A person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules. See Ohio Code 2925.01
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(B) In determining if any equipment, product, or material is drug paraphernalia, a court or law enforcement officer shall consider, in addition to other relevant factors, all factors identified in division (B) of section 2925.14 of the Revised Code.
(C) No person shall knowingly use, or possess with purpose to use, any drug paraphernalia that is equipment, a product, or material of any kind that is used by the person, intended by the person for use, or designed for use in storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marihuana.
(D) This section does not apply to any person identified in division (D)(1) of section 2925.14 of the Revised Code, and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by section 3719.172 of the Revised Code.
(E)(1) Division (E) of section 2925.14 of the Revised Code applies with respect to any drug paraphernalia that was used or possessed in violation of this section.
(2) Division (B)(2) of section 2925.11 of the Revised Code applies with respect to a violation of this section when a person seeks or obtains medical assistance for another person who is experiencing a drug overdose, a person experiences a drug overdose and seeks medical assistance for that overdose, or a person is the subject of another person seeking or obtaining medical assistance for that overdose.
(F)(1) Whoever violates division (C) of this section is guilty of illegal use or possession of marihuana drug paraphernalia, a minor misdemeanor.
(2) Arrest or conviction for a violation of division (C) of this section does not constitute a criminal record and need not be reported by the person so arrested or convicted in response to any inquiries about the person’s criminal record, including any inquiries contained in any application for employment, license, or other right or privilege, or made in connection with the person’s appearance as a witness.
(G)(1) In addition to any other sanction imposed upon an offender for a violation of this section, the court shall do the following, if applicable:
(a) 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.
(b) If the offender is a professionally licensed person, 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 September 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 (G)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.
Last updated March 8, 2023 at 11:19 AM