OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 25 Final Analysis
134th General Assembly
Click here for S.B. 25’s Fiscal Note
Primary Sponsor: Sen. Gavarone
Effective date: July 21, 2022
Sarah A. Maki, Attorney
SUMMARY
Penalty enhancement for drug offenses committed near
treatment centers or recovering addicts
 Enhances the penalties for most drug trafficking offenses in either of the following
circumstances:
 The offender commits the offense on the premises of a substance addiction services
provider’s facility, or within 500 feet of the premises of such a provider’s facility, if
the offender knows or should know that the offense is being committed within that
vicinity.
 The offender sells, offers to sell, delivers, or distributes the controlled substance to a
person who is receiving treatment at the time of the offense, or received treatment
within 30 days prior to the offense, from a substance addiction services provider and
the offender knows that the person is or was in treatment.
 Sets the new penalty enhancements at the same level as continuing law penalty
enhancements for the same drug trafficking offenses when committed in the vicinity of
a school or juvenile.
Sexual Assault Prevention Awareness Month
 Designates the month of April as “Sexual Assault Prevention Awareness Month.”
Relapse Reduction Act
 Names its provisions the “Relapse Reduction Act.”
May 3, 2022
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Penalty enhancement for drug offenses committed near
treatment centers or recovering addicts
The act generally enhances the penalties for trafficking in any Schedule I or II controlled
substance, with the exception of marihuana or, in limited circumstances, a fentanyl-related
compound combined with marihuana, when the offense is “committed in the vicinity of a
substance addiction services provider or a recovering addict.” The act does not apply the
enhancement to trafficking in a Schedule III, IV, or V controlled substance or trafficking in
marihuana. The act’s penalty enhancements apply to the following drug trafficking offenses:1
 Aggravated trafficking in drugs (the drug involved in this offense is a Schedule I or II
controlled substance other than marihuana, cocaine, L.S.D., heroin, a fentanyl-related
compound, hashish, or a controlled substance analog);
 Trafficking in cocaine;
 Trafficking in L.S.D.;
 Trafficking in heroin;
 Trafficking in hashish;
 Trafficking in a controlled substance analog;
 Trafficking in a fentanyl-related compound (unless the fentanyl-related compound is
combined with marihuana and the offender does not know or have reason to know that
the mixture contains a fentanyl-related compound, in which case the offense is treated
as trafficking in marihuana).
The act’s penalty enhancements are equivalent to continuing law penalty
enhancements, unchanged by the act, for the same drug offenses when committed in the
vicinity of a school or juvenile (but note that for some of the offenses, when a specified large
amount of the drug is involved, the commission of the offense in the vicinity of a school or
juvenile or a substance addiction services provider or a recovering addict does not result in an
enhanced penalty under continuing law or the act). The specific penalties and enhancements
vary according to the particular type of controlled substance and amount of the controlled
substance involved.2 For example, under continuing law, if the amount of the drug involved in
the offense of aggravated trafficking in drugs is less than 20 grams (the bulk amount), the
offense is generally a fourth degree felony, but becomes a third degree felony when committed
in the vicinity of a school or juvenile. Under the act, aggravated trafficking in that amount is also
1 R.C. 2925.03(C)(1) and (4) to (9).
2 R.C. 2925.03(C)(1) and (4) to (9).
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Final Analysis
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a third degree felony when committed in the vicinity of a substance addiction services provider
or a recovering addict.3
For purposes of the act, an offense is “committed in the vicinity of a substance
addiction services provider or a recovering addict” if:4
1. The offender commits the offense on the premises of a substance addiction services
provider’s facility, including a facility licensed to provide methadone treatment under the law in
effect until June 29, 2019, or an opioid treatment program licensed under the law that took
effect on that date, or within 500 feet of the premises of a substance addiction services
provider’s facility, and the offender knows or should know that the offense is being committed
within that vicinity; or
2. The offender sells, offers to sell, delivers, or distributes the controlled substance or
controlled substance analog to a person who is receiving treatment at the time of the
commission of the offense, or received treatment within 30 days prior to the commission of the
offense, from a substance addiction services provider and the offender knows that the person
is receiving or received that treatment.
Under the act, relevant to the meaning of “committed in the vicinity of a substance
addiction services provider or a recovering addict”:5
“Substance addiction services provider” means an agency, association, corporation or
other legal entity, individual, or program that provides one or more of the following at a facility:
(1) either alcohol addiction services, or drug addiction services, or both such services that are
certified by the Director of Mental Health and Addiction Services under continuing law, or
(2) recovery supports that are related to either alcohol addiction services, or drug addiction
services, or both such services and paid for with federal, state, or local funds administered by
the Department or a board of alcohol, drug addiction, and mental health services.
“Premises of a substance addiction services provider’s facility” means the parcel of real
property on which any substance addiction service provider’s facility is situated.
“Alcohol and drug addiction services” means services, including intervention, for the
treatment of alcoholics or persons who abuse drugs of abuse and for the prevention of
alcoholism and drug addiction.
Sexual Assault Prevention Awareness Month
Designation Sexual Assault Prevention Awareness Month6
Date The month of April
3 R.C. 2925.03(C)(1)(a) and (b).
4 R.C. 2925.01(QQ).
5 R.C. 2925.01(RR) to (TT) and, by reference R.C. 5119.01, not in the act.
6 R.C. 5.248.
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Final Analysis
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Relapse Reduction Act
The act specifies that its provisions are to be known as the “Relapse Reduction Act.”7
HISTORY
Action Date
Introduced 01-26-21
Reported, S. Judiciary 06-17-21
Passed Senate (29-1) 09-15-21
Reported, H. Criminal Justice 03-30-22
Passed House (86-10) 04-06-22
Senate concurred in House amendments (32-0) 04-06-22
22-ANSB25EN-134/ks
7 Section 3.
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Final Analysis


Statutes affected:
As Introduced: 2925.01, 2925.03
As Reported By Senate Committee: 2925.01, 2925.03
As Passed By Senate: 2925.01, 2925.03
As Reported By House Committee: 2925.01, 2925.03
As Passed By House: 2925.01, 2925.03
As Enrolled: 2925.01, 2925.03