Is Ibogaine Legal in Ohio? (2026)

Instrument

Schedule I, hallucinogens

Source

https://codes.ohio.gov/ohio-administrative-code/rule-4729:9-1-01

Retrieved

2026-11-06

Fingerprint

d4694e5d1aeab3f1

(D) Hallucinogens
Any material, compound, mixture, or preparation that contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers, unless specifically excepted under federal drug abuse control laws, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation. For the purposes of this division only, "isomer" includes the optical isomers, position isomers, and geometric isomers.
(1) Alpha-ethyltryptamine (some trade or other names: etryptamine; Monase; alpha-ethyl-1H- indole-3-ethanamine; 3-(2-aminobutyl) indole; alpha-ET; and AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy- alpha-methyphenethylamine; 4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other names: 2-(4-bromo-2,5- dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B, Nexus);
(4) 2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-alpha- methylphenethylamine; 2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other names: DOET);
(6) 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
(7) 4-methoxyamphetamine (some trade or other names: 4-methoxy-alpha- methylphenethylamine; paramethoxyamphetamine; PMA);
(8) 5-methoxy-3,4-methylenedioxy-amphetamine;
(9) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other names: 4-methyl-2,5-dimethoxy- alpha-methylphenethylamine; “DOM” and “STP”);
(10) 3,4-methylenedioxy amphetamine (MDA);
(11) 3,4-methylenedioxymethamphetamine (MDMA);
(12) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl- 3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
(13) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-hydroxy-alpha-methyl- 3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
(14) 3,4,5-trimethoxy amphetamine;
(15) 5-methoxy-N,N-dimethyltryptamine (some trade or other names: 5-methoxy-3-[2- (dimethylamino)ethyl]indole; 5-MeO-DMT);
(16) Alpha-methyltryptamine (other name: AMT);
(17) Bufotenine (some trade or other names: 3-(beta-dimethylaminoethyl)-5-hydroxyindole; 3-(2- dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N, N-dimethyltryptamine; mappine);
(18) Diethyltryptamine (some trade or other names: N, N-diethyltryptamine; DET);
(19) Dimethyltryptamine (some trade or other names: DMT);
(20) 5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT);
(21) Ibogaine (some trade or other names: 7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy- 6,9-methano- 5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);
(22) Lysergic acid diethylamide;
(23) Marihuana;
(24) Mescaline;
(25) Parahexyl (some trade or other names: 3-hexyl-1- hydroxy-7,8,9,10-tetrahydro-6,6,9- trimethyl-6H-dibenzo[b,d]pyran; synhexyl);
(26) Peyote (meaning all parts of the plant presently classified botanically as "Lophophora williamsii Lemaire," whether growing or not, the seeds of that plant, any extract from any part of that plant, and every compound, manufacture, salts, derivative, mixture, or preparation of that plant, its seeds, or its extracts);
(27) N-ethyl-3-piperidyl benzilate;
(28) N-methyl-3-piperidyl benzilate;
(29) Psilocybin;
(30) Psilocyn;
(31) Tetrahydrocannabinols (synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity such as the following: delta-1- cis or trans tetrahydrocannabinol, and their optical isomers; delta-6-cis or trans tetrahydrocannabinol, and their optical isomers; delta-3,4-cis or trans tetrahydrocannabinol, and its optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions, are covered.)), excluding any of the following:
(a) Tetrahydrocannabinols found in "hemp" and “hemp products” as those terms are defined in section
928.01
 of the Revised Code; and
(b) Any other substance containing tetrahydrocannabinols as authorized in this chapter of the Administrative Code.
(32) N-ethyl-1- phenylcyclohexylamine (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE);
(33) 1-(1- phenylcyclohexyl)pyrrolidine (PCPy; PHP);
(34) 1-[1-(2-thienyl)-cyclohexyl]- piperidine (2-thienyl analog of phencyclidine; TPCP; TCP);
(35) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine (some other names: TCPy);
(36) 4-methylmethcathinone (mephedrone);
(37) 3,4-methylenedioxypyrovalerone (MDPV);
(38) 3,4-Methylenedioxy-N-methylcathinone (Methylone);
(39) Hashish;
(40) Salvia divinorum;
(41) Salvinorin A;
(42) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(43) 1-pentyl-3-(1-adamantoyl)indole (AB-001);
(44) N-adamantyl-1-pentylindole-3-carboxamide (APICA, 2NE1);
(45) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (AB- FUBINACA);
(46) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA);
(47) N-adamantyl-1-pentylindazole-3-carboxamide (APINACA, AKB48);
(48) 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone (methoxetamine);
(49) N,N-diallyl-5-methoxytryptamine (5MeO-DALT);
(50) [1-(5-fluoropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoropentyl-UR-144; XLR11);
(51) [1-(5-chloropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone (5-chloropentyl-UR-144);
(52) [1-(5-bromopentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone (5-bromopentyl-UR-144);
(53) {1-[2-(4-morpholinyl)ethyl]indol-3-yl}-(2,2,3,3-tetramethylcyclopropyl) methanone (A- 796,260);
(54) 1-[(N-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole (AM1248);
(55) N-adamantyl-1-(5-fluoropentylindole)-3-carboxamide (5F-APICA, STS135);
(56) 5-(2-aminopropyl)benzofuran (5-APB);
(57) 6-(2-aminopropyl)benzofuran (6-APB);
(58) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(59) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(60) Benzothiophenylcyclohexylpiperidine (BTCP);
(61) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(62) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(63) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(64) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(65) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(66) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
(67) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(68) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(69) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(70) 4-methoxymethamphetamine (PMMA);
(71) 5,6 - Methylenedioxy-2-aminoindane (MDAI);
(72) 5-iodo-2-aminoindiane (5-IAI);
(73) 2-(4-iodo-2,5-dimethoxyphenyl)-N- [(2-methoxyphenyl)methyl]ethanamine(25I-NBOMe);
(74) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe, 2C-C- NBOMe);
(75) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe, 2C-B- NBOMe);
(76) 4-methyl-N-ethylcathinone (4-MEC);
(77) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(78) Alpha-pyrrolidinopentiophenone (alpha-PVP);
(79) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone, bk-MBDB);
(80) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(81) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1- one (pentylone, bk-MBDP);
(82) 4-fluoro-N-methylcathinone (4-FMC; flephedrone);
(83) 3-fluoro-N-methylcathinone (3-FMC);
(84) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one (naphyrone);
(85) Alpha-pyrrolidinobutiophenone (alpha-PBP);
(86) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide (AB-CHMINACA);
(87) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide (AB-PINACA);
(88) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl)methanone (THJ-2201);
(89) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide, its optical, positional, and geometric isomers, salts and salts of isomers (Other names: MAB- CHMINACA; ADB-CHMINACA);
(90) Diphenylprolinol (diphenyl(pyrrolidin-2-yl)methanol, D2PM);
(91) Desoxypipradrol (2-benzhydrylpiperidine);
(92) Synthetic cannabinoids - unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of a synthetic cannabinoid found to be in any of the following chemical groups or any of those groups which contain any synthetic cannabinoid salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical groups:
(a) Naphthoylindoles: any compound containing a 3-(1-naphthoyl)indole structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent or whether or not substituted on the naphthyl group to any extent. Naphthoylindoles include, but are not limited to, 1-[2-(4- morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201), 1-pentyl-3-(1-naphthoyl)indole (JWH-018), and 1-butyl-3-(1-naphthoyl)indole (JWH- 073).
(b) Naphthylmethylindoles: any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N- methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent or whether or not substituted on the naphthyl group to any extent. Naphthylmethylindoles include, but are not limited to, (1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175).
(c) Naphthoylpyrroles: any compound containing a 3-(1-naphthoyl)pyrrole structure with or without substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin- 2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted on the pyrrole ring to any extent or whether or not substituted on the naphthyl group to any extent. Naphthoylpyrroles include, but are not limited to, 1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147).
(d) Naphthylmethylindenes: any compound containing a naphthylmethylindene structure with or without substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin- 2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted on the indene group to any extent or whether or not substituted on the naphthyl group to any extent. Naphthylmethylindenes include, but are not limited to, (1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176).
(e) Phenylacetylindoles: any compound containing a 3-phenylacetylindole structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent or whether or not substituted on the phenyl group to any extent. Phenylacetylindoles include, but are not limited to, 1-pentyl-3-(2- methoxyphenylacetyl)indole (JWH-250), and 1-(2-cyclohexylethyl)-3-(2- methoxyphenylacetyl)indole (RCS-8); 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(f) Cyclohexylphenols: any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with or without substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin- 2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or 2-(4- morpholinyl)ethyl group, whether or not further substituted on the cyclohexyl group to any extent. Cyclohexylphenols include, but are not limited to, 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol (some trade or other names: CP-47,497) and 5-(1,1-dimethyloctyl)-2- [(1R,3S)-3-hydroxycyclohexyl]-phenol (some trade or other names: cannabicyclohexanol; CP- 47,497 C8 homologue).
(g) Benzoylindoles: any compound containing a 3-(1-benzoyl)indole structure with or without substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl, cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted on the indole ring to any extent or whether or not substituted on the phenyl group to any extent. Benzoylindoles include, but are not limited to, 1-pentyl-3-(4- methoxybenzoyl)indole (RCS-4), 1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole (Pravadoline or WIN 48, 098).
(93) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC);
(94) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F-PB-22);
(95) Except as otherwise provided in this rule, any compound that meets at least three of the following cannabinoid pharmacophore requirements to bind at the CB1 and CB2 receptors, as identified by a report from an established forensic laboratory:
(a) A chemical scaffold consisting of substituted or non-substituted ring structures that facilitate binding of required elements (such as: indole compounds, indazoles, benzimidazoles or other ring types);
(b) Alkyl or aryl side chain off the chemical scaffold providing hydrophobic interaction with the CB1 and CB2 receptors;
(c) Carbonyl or ester or equivalent for hydrogen bonding;
(d) Cyclohexane, naphthalene ring, substituted butanamide or equivalent for steric requirements for CB1 and CB2 receptor binding.

Instrument

Schedule III controlled substances; depressants

Source

https://codes.ohio.gov/ohio-administrative-code/rule-4729:9-1-03

Retrieved

2026-10-31

Fingerprint

684242348cd9e897

Pursuant to section
3719.41
 of the Revised Code,
		controlled substance schedule III is hereby established, which schedules
		include the following, subject to amendment pursuant to section
3719.43
 or

3719.44
 of the Revised Code.

(B) Depressants
Unless specifically excepted under federal drug
		  abuse control laws or unless listed in another schedule, any material,
		  compound, mixture, or preparation that contains any quantity of the following
		  substances having a depressant effect on the central nervous system:
(1) Any compound,
			 mixture, or preparation containing amobarbital, secobarbital, pentobarbital, or
			 any salt of any of these drugs, and one or more other active medicinal
			 ingredients that are not listed in any schedule;
(2) Any suppository
			 dosage form containing amobarbital, secobarbital, pentobarbital, or any salt of
			 any of these drugs and approved by the food and drug administration for
			 marketing only as a suppository;
(3) Any substance that
			 contains any quantity of a derivative of barbituric acid or any salt of a
			 derivative of barbituric acid;
(4) Chlorhexadol;
(5) Embutramide;
(6) Any dangerous drug
			 containing gamma hydroxybutyric acid, including its salts, isomers, and salts
			 of isomers, for which an application is approved under section 505 of the
			 Federal Food, Drug, and Cosmetic Act (8/20/2019);
(7) Ketamine, its salts,
			 isomers, and salts of isomers (some other names for ketamine: (+/-)-2-(2-
			 chlorophenyl)-2-(methylamino)-cyclohexanone);
(8) Lysergic
			 acid;
(9) Lysergic acid
			 amide;
(10) Methyprylon;
(11) Sulfondiethylmethane;
(12) Sulfonethylmethane;
(13) Sulfonmethane;
(14) Tiletamine,
			 zolazepam, or any salt of tiletamine or zolazepam (some trade or other names
			 for a tiletamine-zolazepam combination product: Telazol); (some trade or other
			 names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some trade
			 or other names for zolazepam: 4-(2- fluorophenyl)-6,8-
			 dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;
			 flupyrazapon);
(15) Xylazine.

Instrument

Controlled substance analog treated as Schedule I; controlled substance analog definition

Source

https://codes.ohio.gov/ohio-revised-code/section-3719.013

Retrieved

2026-07-20

Fingerprint

373ca483b7ef4bbe

Sec. 3719.013. Except as otherwise provided in section 2925.03 or 2925.11 of the Revised Code, a controlled substance analog, to the extent intended for human consumption, shall be treated for purposes of any provision of the Revised Code as a controlled substance in schedule I.

Sec. 3719.01(Z)(1) “Controlled substance analog” means, except as provided in division (Z)(2) of this section, a substance to which both of the following apply:
(a) The chemical structure of the substance is substantially similar to the structure of a controlled substance in schedule I or II.
(b) One of the following applies regarding the substance:
(i) The substance has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
(ii) With respect to a particular person, that person represents or intends the substance to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
(2) “Controlled substance analog” does not include any of the following:
(a) A controlled substance;
(b) Any substance for which there is an approved new drug application;
(c) With respect to a particular person, any substance if an exemption is in effect for investigational use for that person pursuant to federal law to the extent that conduct with respect to that substance is pursuant to that exemption;
(d) Any substance to the extent it is not intended for human consumption before the exemption described in division (Z)(2)(b) of this section takes effect with respect to that substance.

Instrument

Abusing harmful intoxicants

Source

https://codes.ohio.gov/ohio-revised-code/section-2925.31

Retrieved

2026-10-31

Fingerprint

ebfbccb3995fe28a

(A) Except for lawful research, clinical, medical, dental, or veterinary purposes, no person, with purpose to induce intoxication or similar physiological effects, shall obtain, possess, or use a harmful intoxicant.
 (B) Whoever violates this section is guilty of abusing harmful intoxicants, a misdemeanor of the first degree. If the offender previously has been convicted of a drug abuse offense, abusing harmful intoxicants is a felony of the fifth degree.
 (C)(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 section
2925.38
 of the Revised Code.
 If the offender has a driver’s or commercial driver’s license or permit, section
2929.33
 of the Revised Code applies.
 (2) Any offender who received a mandatory suspension of the offender's driver’s or commercial driver’s license or permit under this section prior to September 13, 2016, may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of section
4511.19
 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender's license or permit was suspended under this section shall not file such a motion.
 Upon the filing of a motion under division (C)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.

Instrument

Trafficking in harmful intoxicants - improperly dispensing or distributing nitrous oxide

Source

https://codes.ohio.gov/ohio-revised-code/section-2925.32

Retrieved

2026-10-31

Fingerprint

8317da7702d91d1c

(A) Divisions (A)(1) and (2) of this section do not apply to the dispensing or distributing of nitrous oxide.
 (1) No person shall knowingly dispense or distribute a harmful intoxicant to a person age eighteen or older if the person who dispenses or distributes it knows or has reason to believe that the harmful intoxicant will be used in violation of section
2925.31
 of the Revised Code.
 (2) No person shall knowingly dispense or distribute a harmful intoxicant to a person under age eighteen if the person who dispenses or distributes it knows or has reason to believe that the harmful intoxicant will be used in violation of section
2925.31
 of the Revised Code. Division (A)(2) of this section does not prohibit either of the following:
 (a) Dispensing or distributing a harmful intoxicant to a person under age eighteen if a written order from the juvenile’s parent or guardian is provided to the dispenser or distributor;
 (b) Dispensing or distributing gasoline or diesel fuel to a person under age eighteen if the dispenser or distributor does not know or have reason to believe the product will be used in violation of section
2925.31
 of the Revised Code. Division (A)(2)(a) of this section does not require a person to obtain a written order from the parent or guardian of a person under age eighteen in order to distribute or dispense gasoline or diesel fuel to the person.
 (B)(1) No person shall knowingly dispense or distribute nitrous oxide to a person age twenty-one or older if the person who dispenses or distributes it knows or has reason to believe the nitrous oxide will be used in violation of section
2925.31
 of the Revised Code.
 (2) Except for lawful medical, dental, or clinical purposes, no person shall knowingly dispense or distribute nitrous oxide to a person under age twenty-one.
 (3) No person, at the time a cartridge of nitrous oxide is sold to another person, shall sell a device that allows the purchaser to inhale nitrous oxide from cartridges or to hold nitrous oxide released from cartridges for purposes of inhalation. The sale of any such device constitutes a rebuttable presumption that the person knew or had reason to believe that the purchaser intended to abuse the nitrous oxide.
 (4) No person who dispenses or distributes nitrous oxide in cartridges shall fail to comply with either of the following:
 (a) The record-keeping requirements established under division (F) of this section;
 (b) The labeling and transaction identification requirements established under division (G) of this section.
 (C) This section does not apply to products used in making, fabricating, assembling, transporting, or constructing a product or structure by manual labor or machinery for sale or lease to another person, or to the mining, refining, or processing of natural deposits.
 (D)(1)(a) Whoever violates division (A)(1) or (2) or division (B)(1), (2), or (3) of this section is guilty of trafficking in harmful intoxicants, a felony of the fifth degree. If the offender previously has been convicted of a drug abuse offense, trafficking in harmful intoxicants is a felony of the fourth degree.
 If the offender is a professionally licensed person, in addition to any other sanction imposed for trafficking in harmful intoxicants, the court immediately shall comply with section
2925.38
 of the Revised Code.
 If the offender has a driver’s or commercial driver’s license or permit, section
2929.33
 of the Revised Code applies.
 (b) Any offender who received a mandatory suspension of the offender's driver’s or commercial driver’s license or permit under this section prior to September 13, 2016, may file a motion with the sentencing court requesting the termination of the suspension. However, an offender who pleaded guilty to or was convicted of a violation of section
4511.19
 of the Revised Code or a substantially similar municipal ordinance or law of another state or the United States that arose out of the same set of circumstances as the violation for which the offender's license or permit was suspended under this section shall not file such a motion.
 Upon the filing of a motion under division (D)(1)(b) of this section, the sentencing court, in its discretion, may terminate the suspension.
 (2) Whoever violates division (B)(4)(a) or (b) of this section is guilty of improperly dispensing or distributing nitrous oxide, a misdemeanor of the fourth degree.
 (E) It is an affirmative defense to a charge of a violation of division (A)(2) or (B)(2) of this section that:
 (1) An individual exhibited to the defendant or an officer or employee of the defendant, for purposes of establishing the individual’s age, a driver’s license or permit issued by this state, a commercial driver’s license or permit issued by this state, an identification card issued pursuant to section
4507.50
 of the Revised Code, for another document that purports to be a license, permit, or identification card described in this division;
 (2) The document exhibited appeared to be a genuine, unaltered document, to pertain to the individual, and to establish the individual’s age;
 (3) The defendant or the officer or employee of the defendant otherwise did not have reasonable cause to believe that the individual was under the age represented.
 (F) Beginning July 1, 2001, a person who dispenses or distributes nitrous oxide shall record each transaction involving the dispensing or distributing of the nitrous oxide on a separate card. The person shall require the purchaser to sign the card and provide a complete residence address. The person dispensing or distributing the nitrous oxide shall sign and date the card. The person shall retain the card recording a transaction for one year from the date of the transaction. The person shall maintain the cards at the person’s business address and make them available during normal business hours for inspection and copying by officers or employees of the state board of pharmacy or of other law enforcement agencies of this state or the United States that are authorized to investigate violations of Chapter 2925., 3719., or 4729. of the Revised Code or the federal drug abuse control laws.
 The cards used to record each transaction shall inform the purchaser of the following:
 (1) That nitrous oxide cartridges are to be used only for purposes of preparing food;
 (2) That inhalation of nitrous oxide can have dangerous health effects;
 (3) That it is a violation of state law to distribute or dispense cartridges of nitrous oxide to any person under age twenty-one, punishable as a felony of the fifth degree.
 (G)(1) Each cartridge of nitrous oxide dispensed or distributed in this state shall bear the following printed warning:
 "Nitrous oxide cartridges are to be used only for purposes of preparing food. Nitrous oxide cartridges may not be sold to persons under age twenty-one. Do not inhale contents. Misuse can be dangerous to your health."
 (2) Each time a person dispenses or distributes one or more cartridges of nitrous oxide, the person shall mark the packaging containing the cartridges with a label or other device that identifies the person who dispensed or distributed the nitrous oxide and the person’s business address.

Instrument

Controlled substance analog: definition, Schedule I treatment, possession offense

Source

https://codes.ohio.gov/ohio-revised-code/section-3719.013

Retrieved

2026-11-06

Fingerprint

7b2716fae642522d

(Z)(1) “Controlled substance analog” means, except as provided in division (Z)(2) of this section, a substance to which both of the following apply:
 (a) The chemical structure of the substance is substantially similar to the structure of a controlled substance in schedule I or II.
 (b) One of the following applies regarding the substance:
 (i) The substance has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
 (ii) With respect to a particular person, that person represents or intends the substance to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I or II.
 (2) “Controlled substance analog” does not include any of the following:
 (a) A controlled substance;
 (b) Any substance for which there is an approved new drug application;
 (c) With respect to a particular person, any substance if an exemption is in effect for investigational use for that person pursuant to federal law to the extent that conduct with respect to that substance is pursuant to that exemption;
 (d) Any substance to the extent it is not intended for human consumption before the exemption described in division (Z)(2)(b) of this section takes effect with respect to that substance.

Except as otherwise provided in section
2925.03
 or
2925.11
 of the Revised Code, a controlled substance  analog, to the extent intended for human consumption, shall be  treated for purposes of any provision of the Revised Code as a  controlled substance in schedule I.

(A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog.

(8) If the drug involved is a controlled substance analog or compound, mixture, preparation, or substance that contains a controlled substance analog, whoever violates division (A) of this section is guilty of possession of a controlled substance analog. The penalty for the offense shall be determined as follows:
 (a) Except as otherwise provided in division (C)(8)(b), (c), (d), (e), or (f) of this section, possession of a controlled substance analog is a felony of the fifth degree, and division (B) of section
2929.13
 of the Revised Code applies in determining whether to impose a prison term on the offender.
 (b) If the amount of the drug involved equals or exceeds ten grams but is less than twenty grams, possession of a controlled substance analog is a felony of the fourth degree, and there is a presumption for a prison term for the offense.
 (c) If the amount of the drug involved equals or exceeds twenty grams but is less than thirty grams, possession of a controlled substance analog is a felony of the third degree, and there is a presumption for a prison term for the offense.
 (d) If the amount of the drug involved equals or exceeds thirty grams but is less than forty grams, possession of a controlled substance analog is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.
 (e) If the amount of the drug involved equals or exceeds forty grams but is less than fifty grams, possession of a controlled substance analog is a felony of the first degree, and the court shall impose as a mandatory prison term a first degree felony mandatory prison term.
 (f) If the amount of the drug involved equals or exceeds fifty grams, possession of a controlled substance analog is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term a maximum first degree felony mandatory prison term.