As Introduced
135th General Assembly
Regular Session H. B. No. 624
2023-2024
Representative Lipps
A BILL
To amend sections 9.45, 2925.01, 4710.01, 4710.02, 1
4710.03, 4710.04, 4712.01, and 4712.99; to 2
amend, for the purpose of adopting new section 3
numbers as indicated in parentheses, sections 4
4710.01 (4712.50), 4710.02 (4712.51), 4710.03 5
(4712.52), and 4710.04 (4712.53); to enact 6
sections 4712.502, 4712.54, and 4712.55; and to 7
repeal section 4710.99 of the Revised Code 8
regarding debt adjusting. 9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.45, 2925.01, 4710.01, 4710.02, 10
4710.03, 4710.04, 4712.01, and 4712.99 be amended; sections 11
4710.01 (4712.50), 4710.02 (4712.51), 4710.03 (4712.52), and 12
4710.04 (4712.53) be amended for the purpose of adopting new 13
section numbers as indicated in parentheses; and sections 14
4712.502, 4712.54, and 4712.55 of the Revised Code be enacted to 15
read as follows: 16
Sec. 9.45. Notwithstanding section 1321.32 of the Revised 17
Code, the state and any of its political subdivisions or 18
instrumentalities may deduct from the wages or salaries of a 19
H. B. No. 624 Page 2
As Introduced
public employee, as defined in section 9.40 of the Revised Code, 20
such amounts as are authorized in writing by the employee to a 21
nonprofit debt pooling company operating pursuant to Chapter 22
4710. sections 4712.50 to 4712.55 of the Revised Code, or a 23
nonprofit budget and debt counseling service, for payment or 24
compromise of any account, note, or other indebtedness. Such 25
authorization may be revoked at any time prior to final payment 26
by written notice from the employee to the employer. 27
Sec. 2925.01. As used in this chapter: 28
(A) "Administer," "controlled substance," "controlled 29
substance analog," "dispense," "distribute," "hypodermic," 30
"manufacturer," "official written order," "person," 31
"pharmacist," "pharmacy," "sale," "schedule I," "schedule II," 32
"schedule III," "schedule IV," "schedule V," and "wholesaler" 33
have the same meanings as in section 3719.01 of the Revised 34
Code. 35
(B) "Drug of abuse" and "person with a drug dependency" 36
have the same meanings as in section 3719.011 of the Revised 37
Code. 38
(C) "Drug," "dangerous drug," "licensed health 39
professional authorized to prescribe drugs," and "prescription" 40
have the same meanings as in section 4729.01 of the Revised 41
Code. 42
(D) "Bulk amount" of a controlled substance means any of 43
the following: 44
(1) For any compound, mixture, preparation, or substance 45
included in schedule I, schedule II, or schedule III, with the 46
exception of any controlled substance analog, marihuana, 47
cocaine, L.S.D., heroin, any fentanyl-related compound, and 48
H. B. No. 624 Page 3
As Introduced
hashish and except as provided in division (D)(2), (5), or (6) 49
of this section, whichever of the following is applicable: 50
(a) An amount equal to or exceeding ten grams or twenty- 51
five unit doses of a compound, mixture, preparation, or 52
substance that is or contains any amount of a schedule I opiate 53
or opium derivative; 54
(b) An amount equal to or exceeding ten grams of a 55
compound, mixture, preparation, or substance that is or contains 56
any amount of raw or gum opium; 57
(c) An amount equal to or exceeding thirty grams or ten 58
unit doses of a compound, mixture, preparation, or substance 59
that is or contains any amount of a schedule I hallucinogen 60
other than tetrahydrocannabinol or lysergic acid amide, or a 61
schedule I stimulant or depressant; 62
(d) An amount equal to or exceeding twenty grams or five 63
times the maximum daily dose in the usual dose range specified 64
in a standard pharmaceutical reference manual of a compound, 65
mixture, preparation, or substance that is or contains any 66
amount of a schedule II opiate or opium derivative; 67
(e) An amount equal to or exceeding five grams or ten unit 68
doses of a compound, mixture, preparation, or substance that is 69
or contains any amount of phencyclidine; 70
(f) An amount equal to or exceeding one hundred twenty 71
grams or thirty times the maximum daily dose in the usual dose 72
range specified in a standard pharmaceutical reference manual of 73
a compound, mixture, preparation, or substance that is or 74
contains any amount of a schedule II stimulant that is in a 75
final dosage form manufactured by a person authorized by the 76
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 77
H. B. No. 624 Page 4
As Introduced
U.S.C.A. 301, as amended, and the federal drug abuse control 78
laws, as defined in section 3719.01 of the Revised Code, that is 79
or contains any amount of a schedule II depressant substance or 80
a schedule II hallucinogenic substance; 81
(g) An amount equal to or exceeding three grams of a 82
compound, mixture, preparation, or substance that is or contains 83
any amount of a schedule II stimulant, or any of its salts or 84
isomers, that is not in a final dosage form manufactured by a 85
person authorized by the Federal Food, Drug, and Cosmetic Act 86
and the federal drug abuse control laws. 87
(2) An amount equal to or exceeding one hundred twenty 88
grams or thirty times the maximum daily dose in the usual dose 89
range specified in a standard pharmaceutical reference manual of 90
a compound, mixture, preparation, or substance that is or 91
contains any amount of a schedule III or IV substance other than 92
an anabolic steroid or a schedule III opiate or opium 93
derivative; 94
(3) An amount equal to or exceeding twenty grams or five 95
times the maximum daily dose in the usual dose range specified 96
in a standard pharmaceutical reference manual of a compound, 97
mixture, preparation, or substance that is or contains any 98
amount of a schedule III opiate or opium derivative; 99
(4) An amount equal to or exceeding two hundred fifty 100
milliliters or two hundred fifty grams of a compound, mixture, 101
preparation, or substance that is or contains any amount of a 102
schedule V substance; 103
(5) An amount equal to or exceeding two hundred solid 104
dosage units, sixteen grams, or sixteen milliliters of a 105
compound, mixture, preparation, or substance that is or contains 106
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any amount of a schedule III anabolic steroid; 107
(6) For any compound, mixture, preparation, or substance 108
that is a combination of a fentanyl-related compound and any 109
other compound, mixture, preparation, or substance included in 110
schedule III, schedule IV, or schedule V, if the defendant is 111
charged with a violation of section 2925.11 of the Revised Code 112
and the sentencing provisions set forth in divisions (C)(10)(b) 113
and (C)(11) of that section will not apply regarding the 114
defendant and the violation, the bulk amount of the controlled 115
substance for purposes of the violation is the amount specified 116
in division (D)(1), (2), (3), (4), or (5) of this section for 117
the other schedule III, IV, or V controlled substance that is 118
combined with the fentanyl-related compound. 119
(E) "Unit dose" means an amount or unit of a compound, 120
mixture, or preparation containing a controlled substance that 121
is separately identifiable and in a form that indicates that it 122
is the amount or unit by which the controlled substance is 123
separately administered to or taken by an individual. 124
(F) "Cultivate" includes planting, watering, fertilizing, 125
or tilling. 126
(G) "Drug abuse offense" means any of the following: 127
(1) A violation of division (A) of section 2913.02 that 128
constitutes theft of drugs, or a violation of section 2925.02, 129
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 130
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 131
or 2925.37 of the Revised Code; 132
(2) A violation of an existing or former law of this or 133
any other state or of the United States that is substantially 134
equivalent to any section listed in division (G)(1) of this 135
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section; 136
(3) An offense under an existing or former law of this or 137
any other state, or of the United States, of which planting, 138
cultivating, harvesting, processing, making, manufacturing, 139
producing, shipping, transporting, delivering, acquiring, 140
possessing, storing, distributing, dispensing, selling, inducing 141
another to use, administering to another, using, or otherwise 142
dealing with a controlled substance is an element; 143
(4) A conspiracy to commit, attempt to commit, or 144
complicity in committing or attempting to commit any offense 145
under division (G)(1), (2), or (3) of this section. 146
(H) "Felony drug abuse offense" means any drug abuse 147
offense that would constitute a felony under the laws of this 148
state, any other state, or the United States. 149
(I) "Harmful intoxicant" does not include beer or 150
intoxicating liquor but means any of the following: 151
(1) Any compound, mixture, preparation, or substance the 152
gas, fumes, or vapor of which when inhaled can induce 153
intoxication, excitement, giddiness, irrational behavior, 154
depression, stupefaction, paralysis, unconsciousness, 155
asphyxiation, or other harmful physiological effects, and 156
includes, but is not limited to, any of the following: 157
(a) Any volatile organic solvent, plastic cement, model 158
cement, fingernail polish remover, lacquer thinner, cleaning 159
fluid, gasoline, or other preparation containing a volatile 160
organic solvent; 161
(b) Any aerosol propellant; 162
(c) Any fluorocarbon refrigerant; 163
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(d) Any anesthetic gas. 164
(2) Gamma Butyrolactone; 165
(3) 1,4 Butanediol. 166
(J) "Manufacture" means to plant, cultivate, harvest, 167
process, make, prepare, or otherwise engage in any part of the 168
production of a drug, by propagation, extraction, chemical 169
synthesis, or compounding, or any combination of the same, and 170
includes packaging, repackaging, labeling, and other activities 171
incident to production. 172
(K) "Possess" or "possession" means having control over a 173
thing or substance, but may not be inferred solely from mere 174
access to the thing or substance through ownership or occupation 175
of the premises upon which the thing or substance is found. 176
(L) "Sample drug" means a drug or pharmaceutical 177
preparation that would be hazardous to health or safety if used 178
without the supervision of a licensed health professional 179
authorized to prescribe drugs, or a drug of abuse, and that, at 180
one time, had been placed in a container plainly marked as a 181
sample by a manufacturer. 182
(M) "Standard pharmaceutical reference manual" means the 183
current edition, with cumulative changes if any, of references 184
that are approved by the state board of pharmacy. 185
(N) "Juvenile" means a person under eighteen years of age. 186
(O) "Counterfeit controlled substance" means any of the 187
following: 188
(1) Any drug that bears, or whose container or label 189
bears, a trademark, trade name, or other identifying mark used 190
without authorization of the owner of rights to that trademark, 191
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trade name, or identifying mark; 192
(2) Any unmarked or unlabeled substance that is 193
represented to be a controlled substance manufactured, 194
processed, packed, or distributed by a person other than the 195
person that manufactured, processed, packed, or distributed it; 196
(3) Any substance that is represented to be a controlled 197
substance but is not a controlled substance or is a different 198
controlled substance; 199
(4) Any substance other than a controlled substance that a 200
reasonable person would believe to be a controlled substance 201
because of its similarity in shape, size, and color, or its 202
markings, labeling, packaging, distribution, or the price for 203
which it is sold or offered for sale. 204
(P) An offense is "committed in the vicinity of a school" 205
if the offender commits the offense on school premises, in a 206
school building, or within one thousand feet of the boundaries 207
of any school premises, regardless of whether the offender knows 208
the offense is being committed on school premises, in a school 209
building, or within one thousand feet of the boundaries of any 210
school premises. 211
(Q) "School" means any school operated by a board of 212
education, any community school established under Chapter 3314. 213
of the Revised Code, or any nonpublic school for which the 214
director of education and workforce prescribes minimum standards 215
under section 3301.07 of the Revised Code, whether or not any 216
instruction, extracurricular activities, or training provided by 217
the school is being conducted at the time a criminal offense is 218
committed. 219
(R) "School premises" means either of the following: 220
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(1) The parcel of real property on wh