# 513.11 HARMFUL INTOXICANTS; POSSESSING NITROUS OXIDE IN MOTOR VEHICLE. # 513.11 HARMFUL INTOXICANTS; POSSESSING NITROUS OXIDE IN MOTOR VEHICLE.
Document typesection
Identifier513.11
Citation§ 513.11
Ordinances detectedS, 116-84, OR
Original source[American Legal Publishing](https://codelibrary.amlegal.com/codes/sheffieldlake/latest/sheffieldlake_oh/0-0-0-9836)
Content hash`8f3337f460cbb0a951cbf3966dfc15ba030c62cbdfb2a5ae351d8da32a62edf5`
--- Skip to main content Search Sitemap Login Select Language Resources Skip to code content (skip section selection) 2025-04 (current) Sheffield Lake Overview Codified Ordinances of Sheffield Lake, OH CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO CERTIFICATION ROSTER OF OFFICIALS ADOPTING ORDINANCE NO. 116-84 COMPARATIVE SECTION TABLE TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE CHARTER PART ONE - ADMINISTRATIVE CODE PART THREE - TRAFFIC CODE PART FIVE - GENERAL OFFENSES CODE CHAPTER 501 General Provisions and Penalty CHAPTER 505 Animals and Fowl CHAPTER 509 Disorderly Conduct and Peace Disturbance CHAPTER 513 Drug Abuse Control 513.01 DEFINITIONS. 513.02 GIFT OF MARIHUANA. 513.03 DRUG ABUSE; CONTROLLED SUBSTANCE POSSESSION OR USE. 513.04 POSSESSING DRUG ABUSE INSTRUMENTS. 513.05 PERMITTING DRUG ABUSE. 513.06 ILLEGAL CULTIVATION OF MARIHUANA. 513.07 POSSESSING OR USING HARMFUL INTOXICANTS. 513.08 ILLEGALLY DISPENSING DRUG SAMPLES. 513.09 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS. 513.10 HYPODERMIC POSSESSION, DISPLAY AND DISPENSING. 513.11 HARMFUL INTOXICANTS; POSSESSING NITROUS OXIDE IN MOTOR VEHICLE. 513.12 DRUG PARAPHERNALIA. 513.121 MARIHUANA DRUG PARAPHERNALIA. 513.13 COUNTERFEIT CONTROLLED SUBSTANCES. 513.14 OFFENDER MAY BE REQUIRED TO PAY FOR CONTROLLED SUBSTANCE TESTS. 513.15 SALE OF DEXTROMETHORPHAN. 513.16 ADULT USE CANNABIS CONTROL; LIMITATIONS ON CONDUCT BY INDIVIDUALS. 513.17 PSEUDOEPHEDRINE SALES. 513.99 PENALTY. CHAPTER 517 Gambling CHAPTER 521 Health, Safety and Sanitation CHAPTER 525 Law Enforcement and Public Office CHAPTER 529 Liquor Control CHAPTER 531 Noise Control CHAPTER 533 Obscenity and Sex Offenses CHAPTER 537 Offenses Against Persons CHAPTER 541 Property Offenses CHAPTER 545 Theft and Fraud CHAPTER 549 Weapons and Explosives CHAPTER 553 Railroads CHAPTER 557 Watercraft CHAPTER 561 Weeds and Grass PART SEVEN - BUSINESS REGULATION CODE PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE PART ELEVEN - PLANNING AND ZONING CODE PART THIRTEEN - BUILDING CODE PART FIFTEEN - FIRE PREVENTION CODE OH Sheffield Lake Codified Ordinances of Sheffield Lake, OH 513.11 HARMFUL INTOXICANTS; POSSESSING NITROUS OXIDE IN MOTOR VEHICLE. CHAPTER 513 Drug Abuse Control 513.08 ILLEGALLY DISPENSING DRUG SAMPLES. (a) No person shall knowingly furnish another a sample drug. (b) Subsection (a) hereof does not apply to manufacturers, wholesalers, pharmacists, owners of pharmacies, licensed health professionals authorized to prescribe drugs, and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4725, 4729, 4730, 4731, 4741 and 4772. (c) Whoever violates this section is guilty of illegal dispensing of drug samples. If the drug involved in the offense is a dangerous drug or a compound, mixture, preparation, or substance included in Schedule III, IV, or V, or is marihuana, the penalty for the offense shall be determined as follows: (1) Except as otherwise provided in subsection (c)(2) hereof, illegal dispensing of drug samples is a misdemeanor of the second degree. (2) If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, illegal dispensing of drug samples is a misdemeanor of the first degree. (d) (1) If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. 2925.38. (2) If the offender has a driver’s or commercial driver’s license or permit, Ohio R.C. 2929.33 applies. (ORC 2925.36) 513.09 CONTROLLED SUBSTANCE OR PRESCRIPTION LABELS. (a) As used in this section, “repackager” and “outsourcing facility” have the same meanings as in ORC 4729.01. Whenever a manufacturer sells a controlled substance, and whenever a wholesaler, repackager, or outsourcing facility sells a controlled substance in a package the wholesaler, repackager or outsourcing facility has prepared, the manufacturer or the wholesaler, repackager or outsourcing facility, as the case may be, shall securely affix to each package in which the controlled substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person, except a pharmacist for the purpose of dispensing a controlled substance upon a prescription shall alter, deface or remove any label so affixed. (b) Except as provided in subsection (c) of this section, when a pharmacist dispenses any controlled substance on a prescription for use by a patient, or supplies a controlled substance to a licensed health professional authorized to prescribe drugs for use by the professional in personally furnishing patients with controlled substances, the pharmacist shall affix to the container in which the controlled substance is dispensed or supplied a label showing the following: (1) The name and address of the pharmacy dispensing or supplying the controlled substance; (2) The name of the patient for whom the controlled substance is prescribed and, if the patient is an animal, the name of the owner and the species of the animal; (3) The name of the prescriber; (4) All directions for use stated on the prescription or provided by the prescriber; (5) The date on which the controlled substance was dispensed or supplied; (6) The name, quantity and strength of the controlled substance and, if applicable, the name of the distributor or manufacturer. (c) The requirements of subsection (b) of this section do not apply when a controlled substance is prescribed or supplied for administration to an ultimate user who is institutionalized. (d) A licensed health professional authorized to prescribe drugs who personally furnishes a controlled substance to a patient shall comply with division (A) of ORC 4729.291 with respect to labeling and packaging of the controlled substance. (e) No person shall alter, deface, or remove any label affixed pursuant to this section as long as any of the original contents remain. (f) Every label for a schedule II, III or IV controlled substance shall contain the following warning: “Caution: federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed”. (ORC 3719.08) (g) Whoever violates this section is guilty of a misdemeanor of the first degree. If the offender has previously been convicted of a violation of this section, Ohio R.C. 3719.07 or 3719.08 or a drug abuse offense, such violation is a felony and shall be prosecuted under appropriate State law. (ORC 3719.99) 513.10 HYPODERMIC POSSESSION, DISPLAY AND DISPENSING. (a) Possession of a hypodermic is authorized for the following: (1) A manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, and any authorized agent or employee of that manufacturer, distributor or dealer, in the regular course of business; (2) Terminal distributor of dangerous drugs, in the regular course of business; (3) A person authorized to administer injections, in the regular course of the person’s profession or employment; (4) A person, when the hypodermic was lawfully obtained and is kept and used for the purpose of self-administration of insulin or other drug prescribed for the treatment of disease by a licensed health professional authorized to prescribe drugs; (5) A person whose use of a hypodermic is for legal research, clinical, educational or medicinal purposes; (6) A farmer, for the lawful administration of a drug to an animal; (7) A person whose use of a hypodermic is for lawful professional, mechanical, trade or craft purposes. (b) No manufacturer or distributor of, or dealer in, hypodermics or medication packaged in hypodermics, or their authorized agents or employees, and no terminal distributor of dangerous drugs, shall display any hypodermic for sale. No person authorized to possess a hypodermic pursuant to division (a) of this section shall negligently fail to take reasonable precautions to prevent any hypodermic in the person’s possession from theft or acquisition by any unauthorized person. (ORC 3719.172) (c) Whoever violates this section is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of a violation of this section, Ohio R.C. 3719.05, 3719.06, 3719.13, 3719.172(B) or (E), or 3719.31 or a drug abuse offense, a violation is a misdemeanor of the first degree. (ORC 3719.99) 513.11 HARMFUL INTOXICANTS; POSSESSING NITROUS OXIDE IN MOTOR VEHICLE. (a) As used in this section, “motor vehicle”, “street” and “highway” have the same meanings as in Ohio R.C. 4511.01. (b) Unless authorized under Ohio R.C. Chapter 3719, 4715, 4729, 4731, 4741 or 4765, no person shall possess an open cartridge of nitrous oxide in either of the following circumstances: (1) While operating or being a passenger in or on a motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking; (2) While being in or on a stationary motor vehicle on a street, highway, or other public or private property open to the public for purposes of vehicular traffic or parking. (c) Whoever violates this section is guilty of possessing nitrous oxide in a motor vehicle, a misdemeanor of the fourth degree. (d) In addition to any other sanction imposed upon an offender for possessing nitrous oxide in a motor vehicle, the court may suspend for not more than five years the offender’s driver’s or commercial driver’s license or permit. (ORC 2925.33) 513.12 DRUG PARAPHERNALIA. (a) As used in this section, "drug paraphernalia" means any equipment, product or material of any kind that is used by the offender, intended by the offender for use or designed for use, in propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance in violation of this chapter or Ohio R.C. Chapter 2925. "Drug paraphernalia" includes, but is not limited to, any of the following equipment, products or materials that are used by the offender, intended by the offender for use or designated by the offender for use, in any of the following manners: (1) A kit for propagating, cultivating, growing or harvesting any species of a plant that is a controlled substance or from which a controlled substance can be derived; (2) A kit for manufacturing, compounding, converting, producing, processing or preparing a controlled substance; (3) Any object, instrument, or device for manufacturing, compounding, converting, producing, processing, or preparing methamphetamine; (4) An isomerization device for increasing the potency of any species of a plant that is a controlled substance; (5) Testing equipment for identifying, or analyzing the strength, effectiveness or purity of, a controlled substance, except for those exempted in subsection (d)(4) of this section; (6) A scale or balance for weighing or measuring a controlled substance; (7) A diluent or adulterant, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, for cutting a controlled substance; (8) A separation gin or sifter for removing twigs and seeds from, or otherwise cleaning or refining, marihuana; (9) A blender, bowl, container, spoon or mixing device for compounding a controlled substance; (10) A capsule, balloon, envelope or container for packaging small quantities of a controlled substance; (11) A container or device for storing or concealing a controlled substance; (12) A hypodermic syringe, needle or instrument for parenterally injecting a controlled substance into the human body; (13) An object, instrument or device for ingesting, inhaling or otherwise introducing into the human body, marihuana, cocaine, hashish or hashish oil, such as a metal, wooden, acrylic, glass, stone, plastic or ceramic pipe, with or without a screen, permanent screen, hashish head or punctured metal bowl; water pipe; carburetion tube or device; smoking or carburetion mask; roach clip or similar object used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; miniature cocaine spoon, or cocaine vial; chamber pipe; carburetor pipe; electric pipe; air driver pipe; chillum; bong; or ice pipe or chiller. (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, the following: (1) Any statement by the owner, or by anyone in control, of the equipment, product or material, concerning its use; (2) The proximity in time or space of the equipment, product or material, or of the act relating to the equipment, product or material, to a violation of any provision of this chapter or Ohio R.C. Chapter 2925; (3) The proximity of the equipment, product or material to any controlled substance; (4) The existence of any residue of a controlled substance on the equipment, product or material; (5) Direct or circumstantial evidence of the intent of the owner, or of anyone in control, of the equipment, product or material, to deliver it to any person whom the owner or person in control of the equipment, product or material knows intends to use the object to facilitate a violation of any provision of this chapter or Ohio R.C. Chapter 2925. A finding that the owner, or anyone in control, of the equipment, product or material, is not guilty of a violation of any other provision of this chapter or Ohio R.C. Chapter 2925, does not prevent a finding that the equipment, product or material was intended or designed by the offender for use as drug paraphernalia; (6) Any oral or written instruction provided with the equipment, product or material concerning its use; (7) Any descriptive material accompanying the equipment, product or material and explaining or depicting its use; (8) National or local advertising concerning the use of the equipment, product or material; (9) The manner and circumstances in which the equipment, product or material is displayed for sale; (10) Direct or circumstantial evidence of the ratio of the sales of the equipment, product or material to the total sales of the business enterprise; (11) The existence and scope of legitimate uses of the equipment, product or material in the community; (12) Expert testimony concerning the use of the equipment, product or material. (c) (1) Subject to subsection (d)(2), (d)(3) and (d)(4) of this section, no person shall knowingly use, or possess with purpose to use, drug paraphernalia. (2) No person shall knowingly sell, or possess or manufacture with purpose to sell, drug paraphernalia, if the person knows or reasonably should know that the equipment, product or material will be used as drug paraphernalia. (3) No person shall place an advertisement in any newspaper, magazine, handbill or other publication that is published and printed and circulates primarily within this State, if the person knows 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. (d) (1) This section does not apply to manufacturers, licensed health professionals authorized to prescribe drugs, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ohio R.C. Chapters 3719, 4715, 4723, 4729, 4730, 4731, 4741 and 4772. This section shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10. (2) Subsection (c)(1) of this section does not apply to a person’s use, or possession 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. (3) Division (B)(2) of Ohio R.C. 2925.11 applies with respect to a violation of subsection (c)(1) 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. (4) Subsection (c)(1) of this section does not apply to a person’s use, or possession with purpose to use, any drug testing strips to determine the presence of fentanyl or a fentanyl-related compound. (e) Notwithstanding Ohio R.C. Chapter 2981, any drug paraphernalia that was used, possessed, sold or manufactured in violation of this section shall be seized, after a conviction for that violation shall be forfeited, and upon forfeiture shall be disposed of pursuant to Ohio R.C. 2981.12. (f) (1) Whoever violates subsection (c)(1) hereof is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree. (2) Except as provided in subsection (f)(3) hereof, whoever violates subsection (c)(2) hereof is guilty of dealing in drug paraphernalia, a misdemeanor of the second degree. (3) Whoever violates subsection (c)(2) hereof by selling drug paraphernalia to a juvenile is guilty of selling drug paraphernalia to juveniles, a misdemeanor of the first degree. (4) Whoever violates subsection (c)(3) hereof is guilty of illegal advertising of drug paraphernalia, a misdemeanor of the second degree. (g) (1) If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with Ohio R.C. 2925.38. (2) If the offender has a driver’s or commercial driver’s license or permit, Ohio R.C. 2929.33 applies. (ORC 2925.14) 513.121 MARIHUANA DRUG PARAPHERNALIA. (a) As used in this section, “drug paraphernalia” has the same meaning as in Section 513.12. (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 subsection (b) of Section 513.12. (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 subsection (d)(1) of Section 513.12 and it shall not be construed to prohibit the possession or use of a hypodermic as authorized by Section 513.10. (e) (1) Subsection (e) of Section 513.12 applies with respect to any drug paraphernalia that was used or possessed in violation of this section. (2) Division (B)(2) of Ohio R.C. 2925.11 applies with respect to a violation of this subsection 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 subsection (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 subsection (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 Ohio R.C. 4511.19 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 Ohio R.C. 2925.38. (ORC 2925.141) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. Hosted by: American Legal Publishing Back to Code Library Previous Doc Next Doc 0 items available --- ## Detected legislative history - Ordinances of Sheffield Lake, OH - ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO - ORDINANCE NO. 116-84 - ORDINANCES OF SHEFFIELD LAKE - orderly Conduct and Peace Disturbance - ordance with Ohio R - effectiveness or purity of, a controlled substance, except for those exempted in subsection (d)(4) of this section; - ord 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 applicatio - 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 - Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality - Ordinances should be consulted prior to any action being taken - Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588 --- *Imported automatically by MunicipalWiki. 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