Ohio Code 3719.09 – Authorized possession of controlled substances
Possession or control of controlled substances is authorized in the following instances and subject to the following conditions:
Terms Used In Ohio Code 3719.09
- Animal shelter: means a facility operated by a humane society or any society organized under Chapter 1717 of the Revised Code or a dog pound operated pursuant to Chapter 955 of the Revised Code. See Ohio Code 3719.01
- Controlled substance: means a drug, compound, mixture, preparation, or substance included in schedule I, II, III, IV, or V. See Ohio Code 3719.01
- Manufacturer: means a person who manufactures a controlled substance, as "manufacture" is defined in section 3715. See Ohio Code 3719.01
- Narcotic drugs: means coca leaves, opium, isonipecaine, amidone, isoamidone, ketobemidone, as defined in this division, and every substance not chemically distinguished from them and every drug, other than cannabis, that may be included in the meaning of "narcotic drug" under the federal drug abuse control laws. See Ohio Code 3719.01
- Person: means any individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or other legal entity. See Ohio Code 3719.01
- Pharmacist: means a person licensed under Chapter 4729 of the Revised Code to engage in the practice of pharmacy. See Ohio Code 3719.01
- state: means the state of Ohio. See Ohio Code 1.59
- Wholesaler: means a person who, on official written orders other than prescriptions, supplies controlled substances that the person has not manufactured, produced, or prepared personally and includes a "wholesale distributor of dangerous drugs" as defined in section 4729. See Ohio Code 3719.01
(A) Possession of controlled substances in the course of business by a manufacturer, wholesaler, outsourcing facility, third-party logistics provider, repackager of dangerous drugs, licensed health professional authorized to prescribe drugs, pharmacist, terminal distributor of dangerous drugs with a category III license issued under section 4729.54 of the Revised Code, or other person authorized to possess controlled substances under this chapter or Chapter 4729 of the Revised Code;
(B) Possession by any person of any schedule V narcotic drug exempted under section 3719.15 of the Revised Code, where the quantity of the drug does not exceed one hundred thirty milligrams of opium, thirty-two and five-tenths milligrams of morphine or any of its salts, two hundred sixty milligrams of codeine or any of its salts, one hundred thirty milligrams of dihydrocodeine or any of its salts, or thirty-two and five-tenths milligrams of ethylmorphine or any of its salts, or, in the case of any other schedule V controlled substance or any combination of narcotic drugs, where the quantity does not exceed in pharmacologic potency any one of the drugs named above in the quantity stated;
(C) As used in this division, “deception” and “theft offense” have the same meanings as in section 2913.01 of the Revised Code.
Possession by any person of any controlled substance that the person obtained pursuant to a prescription issued by a licensed health professional authorized to prescribe drugs or that was obtained for the person pursuant to a prescription issued by a prescriber, when all of the following apply:
(1) The prescription is issued for a legitimate medical purpose;
(2) The prescription is not altered or forged and was not obtained through deception or commission of a theft offense;
(3) The drug is in a container regardless of whether the container is the original container in which the drug was dispensed to that person directly or indirectly by a pharmacist or personally furnished to that person by the prescriber.
(D) Possession in the course of business of combination drugs that contain pentobarbital and at least one noncontrolled substance active ingredient, in a manufactured dosage form, the only indication of which is for euthanizing animals, or other substance that the state veterinary medical licensing board and the state board of pharmacy both approve under division (A) of section 4729.532 of the Revised Code, by an agent or employee of an animal shelter who is authorized by the licensure of the animal shelter with the state board of pharmacy to purchase and possess the drug solely for use as specified in that section. As used in this division, “in the course of business” means possession or use at an establishment described in a license issued under section 4729.54 of the Revised Code, or outside that establishment when necessary because of a risk to the health or safety of any person, provided that the substance is in a quantity no greater than reasonably could be used to alleviate the risk, is in the original manufacturer’s container, and is returned to the establishment as soon as possible after the risk has passed.