Shared Flashcard Set

Details

Unit 2-2J
Drug Offenses
16
Law
Professional
11/10/2014

Additional Law Flashcards

 


 

Cards

Term
Corrupting Another with Drugs
Definition
• Division A1
o Knowingly…
o By force, threat, or deception…
o Administer, induce, or cause another to use…
o A controlled substance
• Division A2
o Knowingly…
o By any means…
o Administer or furnish another, or induce or cause another to use a controlled substance…
o With purpose to cause serious physical harm to the other person or with purpose to cause that person to become drug dependent
• Division A3
o Knowingly…
o By any means…
o Administer or furnish another, or induce or cause another to use a controlled substance…
o And thereby cause serious physical harm to the other person or with purpose to cause that person to become drug dependent
• Division A4
o Knowingly…
o By any means…
o Furnish or administer a controlled substance to a juvenile who is at least two years younger than the offender, when offender knows the age of the juvenile or is reckless in that regard OR
o Induce a juvenile to use a controlled substance (same age range)
o Induce a juvenile to commit a felony drug offense (same age range)
o Use a juvenile, regardless if the offender knows the age of the juvenile, to perform any surveillance activity that is intended to prevent detection of the offender or any other person in the commission of a felony drug offense or prevent arrest of the offender.
(F4 to F1)
Term
Trafficking in Drugs, Aggravated Trafficking in Drugs
Definition
• Division A1
o Knowingly…
o Sell or offer to sell…
 A controlled substance OR
 be controlled substance analog
• Division A2
o Knowingly…
o Prepare for shipment, ship, transport, deliver, prepare for distribution, or distribute…
 A controlled substance OR
 be controlled substance analog, WHEN
o The offender knows or has reasonable cause to believe that the controlled substance or controlled substance analog is intended for sale or resale by the offender or another person
(Aggravated trafficking in drugs: F4 to F1, if Sched 1,2, other than Pot, cocaine, LSD, heroin, hash, other controlled substance analogues)
(Trafficking in drugs: F2 to F5, if Sched 3,4,5 depending on amount and whether in vicinity of school or juvenile)
Term
Illegal Manufacture of Drugs – Illegal Cultivation of Marihuana – Methamphetamine Offenses
Definition
• Knowingly…
• Cultivate marijuana OR
• Manufacturer otherwise engage in any part of the production of a controlled substance
(F2 for sched 1,2 except pot and meth)
(F3 for sched 3,4,5)
(Bumps up one level if within school vicinity or juvenile)
Term
Illegal Assembly or Possession of Chemicals for Manufacture of Drugs
Definition
• Knowingly…
• Assemble or possess one or more chemicals that may be used to manufacture controlled substance in schedule one or two WITH…
• The intent to manufacture controlled substance in schedule one or two in violation of RC 2925.04
(F3 to F2- vic of school or juv)
Term
Funding, Aggravated Funding of Drug or Marihuana Trafficking
Definition
• Knowingly…
• Provide money or other items of value to another person…
• With purpose that the recipient of the money or items of value to use them to obtain…
• Any controlled substance for the purpose of manufacturing, selling, or offering to sell them
(F3 to F1)
Term
Illegal Administration or Distribution of Anabolic Steroids
Definition
• Knowingly…
• Administer, prescribe, or dispense for administration to all human being
• Any anabolic steroid not approved by the United States FDA for administration to human beings
(F4)
Term
Possession of Controlled Substances
Definition
• Knowingly…
• Possess, obtain, or use…
 A controlled substance OR
 be controlled substance analog
(Dependent of sched and amount)
Term
Possessing Drug Abuse Instruments
Definition
• Knowingly…
• Make, obtain, possess, or use…
• Any instrument, article, or thing…
• Whose primary or customary purpose is for administering or using a dangerous drug, other than marijuana WHEN
o The instrument is a hypodermic or syringe, whether or not of crude or makeshift manufacturer or assembly AND
o The instrument has been used by the offender…
• To unlawfully minister or use a dangerous drug (not marijuana) or to prepare a dangerous drug, other than marijuana, for unlawful administration or use
(M2 to M1)
Term
Permitting Drug Abuse
Definition
• Division A
o Owner, operator, or person in charge of a locomotive, watercraft, aircraft or other vehicle as defined in RC 4501.01…
o Knowingly…
o Permit the vehicle to be used…
o For the commission of felony drug abuse offense
• Division B
o Owner, lessee, or occupant, or who has custody, control, or supervision of premises or real estate…
o Knowingly…
o Permit it to be used…
o For the commission of a felony drug abuse offense by another person
(M1 to F5)
Term
Drug Paraphernalia Offenses
Definition
• Division C1
o Knowingly…
o Use or possess with purpose to use…
o Drug paraphernalia
• Division C2
o Knowingly…
o Sell, or possess, or manufacturer with purpose to sell…
o Drug paraphernalia…
o If the person knows or reasonably should know the product will be used as drug paraphernalia
• Division C3
o Place an advertisement…
o In any printed publication that circulates primarily within this state…
o Knowing that the purpose of the advertisement is to promote the illegal sale in the state of the equipment, product, or material that the offender intended or designed for use as drug paraphernalia
(M4 to M1)
Term
Restriction Against Use of Drug Paraphernalia
Definition
• 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…
• Marijuana
(MM)
Term
Deception to Obtain a Dangerous Drug
Definition
• By deception…
• Procure the administration of, a prescription for, or the dispensing of a dangerous drug OR
• Possess an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug
• (F5 to F1)
Term
Illegal Processing of Drug Documents
Definition
• Division A
o Knowingly…
o Make false statement…
o In any prescription, order, report, or record
• Division B
o Intentionally…
o Make, other, sell, or knowingly possess…
o A false or forged…
 Prescription OR
 Uncompleted preprinted prescription blank OR
 Official written order OR
 License for a terminal distributor of dangerous drugs OR
 Registration certificate for a wholesale distributor of dangerous drugs
• Division C
o Acquire by theft…
 A Prescription OR
 An Uncompleted preprinted prescription blank OR
 An Official written order OR
 A Blank official written order OR
 A License for a terminal distributor of dangerous drugs OR
 A Registration certificate for a wholesale distributor of dangerous drugs
• Division D
o Knowingly…
o Make or fix any false or forge label…
o To a package or receptacle containing any dangerous drugs
(F5 to F4)
Term
Abusing Harmful Intoxicants
Definition
• With purpose to induce intoxication or similar psychological effects…
• Obtain, possess, or use a harmful intoxicant
(M1 to F5)
Term
Trafficking in Harmful Intoxicants – Improperly Dispensing or Distributing Nitrous Oxide
Definition
• Division A
o Knowingly…
 Dispense or distribute…
 A harmful intoxicant, except nitrous oxide…
 To a person eighteen or older…
 If it is known or if there is reasonable believe it will be used in violation of RC 2925.31, abusing harmful intoxicants
o Knowingly…
 Dispense or distribute…
 A harmful intoxicant, except nitrous oxide…
 To a person eighteen or older…
 If it is known or if there is reasonable believe it will be used in violation of RC 2925.31, abusing harmful intoxicants…
 But this does not prohibit…
• Dispensing or distributing the harmful intoxicant to a person under eighteen if a written order from the juveniles parent or guardian is provided to the dispenser or distributor
• Dispensing gasoline or diesel fuel to a juvenile
• Division B1
o Knowingly…
o Dispense or distribute…
o Nitrous oxide…
o To a person twenty-one or over…
o If it is known or if there is reasonable believe it will be used in violation of this section
• Division B2
o Knowingly…
o Dispense or distribute…
o Nitrous oxide…
o To a person under twenty-one…
o Except for lawful, medical, dental, or clinical purposes
• Division B3
o No person, when a cartridge of nitrous oxide is sold shall…
o Sell a device that allows nitrous oxide to be inhaled OR
o Sell a device which holds the nitrous released from a cartridge for the purpose of inhalation
• Division B4
o No person who dispenses or distributes nitrous oxide in cartridges shall fail to…
o Keep records of nitrous oxide transaction OR
o Place a warning on each cartridge of nitrous oxide
(M4 to F4)
Term
Counterfeit Controlled Substance Offenses
Definition
• Division A, Possession of counterfeit controlled substances
o Knowingly…
o Possess…
o Any counterfeit controlled substance
• Division B, Trafficking in counterfeit controlled substances
o Knowingly…
o Make, sell, offer to sell, or deliver…
o Any substance that the person knows is a counterfeit controlled substance
• Division C, Trafficking in counterfeit controlled substances
o Make, possess, sell, offer to sell, or deliver…
o Any punch, die, plate, stone, or other device…
o Knowing or having reason to know…
o It will be used to print or reproduce a trademark, trade name, or other identifying mark…
o On a counterfeit controlled substance
• Division D, Aggravated Trafficking in counterfeit controlled substances
o Sell, offer to sell, give, or deliver…
o Any counterfeit controlled substance…
o To a juvenile
• Division E, Promoting and encouraging drug abuse
o Directly or indirectly…
o Represent a counterfeit controlled substance…
o As a controlled substance…
o By describing its effects as a physical or psychological effects associated with the use of a controlled substance
• Division F, Fraudulent drug advertising
o Directly or indirectly…
o Falsely represent or advertise…
o A counterfeit controlled substance as a controlled substance
(M1 to F4)
Supporting users have an ad free experience!