OHIO REVISED CODE
Title 23. Courts -- Common Pleas
Chapter 2307. Civil Actions
Damage or Theft
§ 2307.64. Electronic mail advertisments
(as amended by H.B. 361 (2005), effective May 6, 2005)
§ 2307.64. Electronic mail advertisments
(A) As used in this section:
(1) "Advertisement" has the same meaning as in section 4931.75 of
the Revised Code.
(2) "Computer," "computer network," "computer program," "computer
services," and "telecommunications device" have the same meanings as in
section 2913.01 of the Revised Code.
(3) "Electronic mail" means an electronic message that is transmitted
between two or more telecommunications devices or electronic devices
capable of receiving electronic messages, whether or not the message is
converted to hard copy format after receipt, and whether or not the
message is viewed upon the transmission or stored for later retrieval.
"Electronic mail" includes electronic messages that are transmitted
through a local, regional, or global computer network.
(4) "Electronic mail advertisement" means electronic mail containing
an advertisement.
(5) "Electronic mail service provider" means any person that is an
intermediary in sending and receiving electronic mail and that provides
to users of electronic mail services the ability to send or receive
electronic mail. "Electronic mail service provider" includes an internet
service provider.
(6) "Originating address" means the string of characters used to specify
the source of any electronic mail message.
(7) "Person" has the same meaning as in section 1.59 of the Revised Code,
but when a person is not an individual, the person responsible for transmitting
or causing to be transmitted an electronic mail advertisement is the particular
division of the partnership, corporation, or other business entity actually
responsible for the transmission of the electronic mail advertisement.
(8) "Pre-existing business relationship" means that there was a
business transaction between the initiator and the recipient of a commercial
electronic mail message during the five-year period preceding the receipt
of that message. A pre-existing business relationship includes a
transaction involving the free provision of information, goods, or
services requested by the recipient. A pre-existing business relationship
does not exist after a recipient requests to be removed from the
distribution lists of an initiator pursuant to division (B) of this
section and a reasonable amount of time has expired since that request.
(9) "Receiving address" means the string of characters used to specify a
recipient with each receiving address creating a unique and separate recipient.
(10) "Recipient" means a person who receives an electronic mail
advertisement at any one of the following receiving addresses:
(a) A receiving address furnished by an electronic mail service
provider that bills for furnishing and maintaining that receiving address
to a mailing address within this state;
(b) A receiving address ordinarily accessed from a computer located
within this state;
(c) A receiving address ordinarily accessed by a person domiciled
within this state;
(d) Any other receiving address with respect to which the obligations
imposed by this section can be imposed consistent with the United States
Constitution.
(B) (1) Except as otherwise provided in division (B)(3) of this section,
a person that transmits or causes to be transmitted to a recipient an
electronic mail advertisement shall clearly and conspicuously provide to
the recipient, within the body of the electronic mail advertisement,
both of the following:
(a) The person's name and complete residence or business address
and the electronic mail address of the person transmitting the electronic
mail advertisement;
(b) A notice that the recipient may decline to receive from the
person transmitting or causing to be transmitted the electronic mail
advertisement any additional electronic mail advertisements and a detailed
procedure for declining to receive any additional electronic mail
advertisements at no cost. The notice shall be of the same size of type
as the majority of the text of the message and shall not require that
the recipient provide any information other than the receiving address.
(2) If the recipient of an electronic mail advertisement uses the
procedure contained in the notice described in division (B)(1)(b) of this
section to decline to receive any additional electronic mail advertisements,
the person that transmitted or caused to be transmitted the original
electronic mail advertisement, within a reasonable period of time, shall
cease transmitting or causing to be transmitted to the receiving address
any additional electronic mail advertisements.
(3) A person does not violate division (B) of this section if the person
transmits or causes to be transmitted to the recipient an electronic mail
advertisement when any of the following apply:
(a) The person has a pre-existing business or personal relationship
with the recipient.
(b) The recipient has consented or has agreed as a condition of service
to receive the electronic mail advertisement.
(c) The recipient receives the electronic mail advertisement because
another recipient forwarded the advertisement to that recipient via an internet
web site or another recipient made a direct referral of that recipient to
receive the advertisement.
(C) No person shall use a computer, a computer network, or the computer services
of an electronic mail service provider to transmit an electronic mail
advertisement in contravention of the authority granted by, or in violation
of the policies related to electronic mail advertisements set by, the electronic
mail service provider if the electronic mail service provider has provided the
person notice of those policies. For the purposes of this division, notice of
those policies shall be deemed sufficient if an electronic mail service provider
maintains an easily accessible web page containing its policies regarding
electronic mail advertisements and can demonstrate that notice was supplied
via electronic means between the sending and receiving computers.
(D) No electronic mail service provider shall be liable for transmitting another
person's electronic mail advertisement through its service in violation of this
section, or shall be liable for any action it voluntarily takes in good faith to
block the receipt or transmission through its service of any electronic mail
advertisement that it believes is, or will be sent, in violation of this section.
(E) A recipient of an electronic mail advertisement transmitted in violation of
division (B) of this section may bring a civil action against a person who
transmitted that advertisement or caused it to be transmitted. In that action,
the recipient may recover the following:
(1) One hundred dollars for each violation, not to exceed a total of fifty
thousand dollars;
(2) Reasonable attorney's fees, court costs, and other costs of bringing
the action.
(F) An electronic mail service provider whose authority or policy has been
contravened in violation of division (C) of this section may bring a civil
action against a person who transmitted that advertisement or caused it
to be transmitted. In that action, the electronic mail service provider may
recover the following:
(1) (a) Fifty dollars for each violation of division (C) of this section,
not to exceed fifty thousand dollars;
(b) If a violation of division (C) of this section is a willful or
knowing violation, the court may increase the amount recoverable to an
amount not to exceed five hundred thousand dollars.
(c) If a violation of division (C) of this section is accompanied by
a violation of division (H) of this section, there shall be no limit on the
amount that may be recovered pursuant to this section.
(2) Reasonable attorney's fees, court costs, and other costs of bringing
the action.
(G) In addition to any recovery that is allowed under divisions (E) or (F) of
this section, the recipient of an electronic mail advertisement transmitted
in violation of division (B) of this section or the electronic mail service
provider of an advertisement transmitted in violation of division (C) of this
section may apply to the court of common pleas of the county in which the
recipient resides or the service provider is located for an order enjoining
the person who transmitted or caused to be transmitted that electronic mail
advertisement from transmitting or causing to be transmitted to the recipient
any additional electronic mail advertisement.
(H) No person shall use a computer, a computer network, a computer program, or
the computer services of an electronic mail service provider with the intent
to forge an originating address or other routing information, in any manner,
in connection with the transmission of an electronic mail advertisement through
or into the network of an electronic mail service provider or its subscribers.
Each use of a computer, a computer network, a computer program, or the computer
services of an electronic mail service provider in violation of this division
constitutes a separate offense. A person who violates this division is guilty
of forgery under section 2913.31 of the Revised Code.
OHIO REVISED CODE
Title 29. Crimes -- Procedure
Chapter 2913. Theft and Fraud
Frauds
§ 2913.421. Illegally transmitting multiple commercial
electronic mail messages
(added by H.B. 383 (2005), effective May 6, 2005)
§ 2913.421. Illegally transmitting multiple
commercial electronic mail messages; unauthorized access of computer
(A) As used in this section:
(1) "Computer," "computer network," and "computer system" have the same
meanings as in section 2913.01 of the Revised Code.
(2) "Commercial electronic mail message" means any electronic mail message
the primary purpose of which is the commercial advertisement or promotion of a
commercial product or service, including content on an internet web site
operated for a commercial purpose, but does not include a transactional or
relationship message. The inclusion of a reference to a commercial entity or
a link to the web site of a commercial entity does not, by itself, cause
that message to be treated as a commercial electronic mail message for the
purpose of this section, if the contents or circumstances of the message
indicate a primary purpose other than commercial advertisement or promotion
of a commercial product or service.
(3) "Domain name" means any alphanumeric designation that is registered with
or assigned by any domain name registrar, domain name registry, or other domain
name registration authority as part of an electronic address on the internet.
(4) "Electronic mail," "originating address," and "receiving address" have
the same meanings as in section 2307.64 of the Revised Code.
(5) "Electronic mail message" means each electronic mail addressed to
a discrete addressee.
(6) "Electronic mail service provider" means any person, including an internet
service provider, that is an intermediary in sending and receiving electronic mail
and that provides to the public electronic mail accounts or online user accounts
from which electronic mail may be sent.
(7) "Header information" means the source, destination, and routing information
attached to an electronic mail message, including the originating domain name,
the originating address, and technical information that authenticates the
sender of an electronic mail message for computer network security or computer
network management purposes.
(8) "Initiate the transmission" or "initiated" means to originate or transmit
a commercial electronic mail message or to procure the origination or transmission
of that message, regardless of whether the message reaches its intended
recipients, but does not include actions that constitute routine conveyance
of such message.
(9) "Internet" has the same meaning as in section 341.42 of the Revised Code.
(10) "Internet protocol address" means the string of numbers by which
locations on the internet are identified by routers or other computers
connected to the internet.
(11) "Materially falsify" means to alter or conceal in a manner that would impair
the ability of a recipient of an electronic mail message, an electronic mail service
provider processing an electronic mail message on behalf of a recipient, a person
alleging a violation of this section, or a law enforcement agency to identify, locate,
or respond to the person that initiated the electronic mail message or to investigate
an alleged violation of this section.
(12) "Multiple" means more than ten commercial electronic mail messages
during a twenty-four-hour period, more than one hundred commercial electronic
mail messages during a thirty-day period, or more than one thousand commercial
electronic mail messages during a one-year period.
(13) "Recipient" means a person who receives a commercial electronic mail
message at any one of the following receiving addresses:
(a) A receiving address furnished by an electronic mail service provider that
bills for furnishing and maintaining that receiving address to a mailing address
within this state;
(b) A receiving address ordinarily accessed from a computer located within
this state or by a person domiciled within this state;
(c) Any other receiving address with respect to which this section can
be imposed consistent with the United States Constitution.
(14) "Routine conveyance" means the transmission, routing, relaying, handling,
or storing, through an automated technical process, of an electronic mail message
for which another person has identified the recipients or provided the recipient
addresses.
(15) "Transactional or relationship message" means an electronic mail message
the primary purpose of which is to do any of the following:
(a) Facilitate, complete, or confirm a commercial transaction that the
recipient has previously agreed to enter into with the sender;
(b) Provide warranty information, product recall information, or safety
or security information with respect to a commercial product or service used or
purchased by the recipient;
(c) Provide notification concerning a change in the terms or features of;
a change in the recipient's standing or status with respect to; or, at regular
periodic intervals, account balance information or other type of account statement
with respect to, a subscription, membership, account, loan, or comparable ongoing
commercial relationship involving the ongoing purchase or use by the recipient
of products or services offered by the sender;
(d) Provide information directly related to an employment relationship
or related benefit plan in which the recipient is currently involved,
participating, or enrolled;
(e) Deliver goods or services, including product updates or upgrades,
that the recipient is entitled to receive under the terms of a transaction that
the recipient has previously agreed to enter into with the sender.
(B) No person, with regard to commercial electronic mail messages sent from or
to a computer in this state, shall do any of the following:
(1) Knowingly use a computer to relay or retransmit multiple commercial
electronic mail messages, with the intent to deceive or mislead recipients or
any electronic mail service provider, as to the origin of those messages;
(2) Knowingly and materially falsify header information in multiple
commercial electronic mail messages and purposely initiate the transmission
of those messages;
(3) Knowingly register, using information that materially falsifies the
identity of the actual registrant, for five or more electronic mail accounts
or online user accounts or two or more domain names and purposely initiate the
transmission of multiple commercial electronic mail messages from one, or any
combination, of those accounts or domain names;
(4) Knowingly falsely represent the right to use five or more internet protocol
addresses, and purposely initiate the transmission of multiple commercial electronic
mail messages from those addresses.
(C) (1) Whoever violates division (B) of this section is guilty of
illegally transmitting multiple commercial electronic mail messages.
Except as otherwise provided in division (C)(2) or (E) of this section,
illegally transmitting multiple commercial electronic mail messages is
a felony of the fifth degree.
(2) Illegally transmitting multiple commercial electronic mail messages
is a felony of the fourth degree if any of the following apply:
(a) Regarding a violation of division (B)(3) of this section,
the offender, using information that materially falsifies the identity
of the actual registrant, knowingly registers for twenty or more electronic
mail accounts or online user accounts or ten or more domain names, and
purposely initiates, or conspires to initiate, the transmission of multiple
commercial electronic mail messages from the accounts or domain names.
(b) Regarding any violation of division (B) of this section, the volume
of commercial electronic mail messages the offender transmitted in committing
the violation exceeds two hundred and fifty during any twenty-four-hour period,
two thousand five hundred during any thirty-day period, or twenty-five
thousand during any one-year period.
(c) Regarding any violation of division (B) of this section, during any
one-year period the aggregate loss to the victim or victims of the violation
is five hundred dollars or more, or during any one-year period the aggregate
value of the property or services obtained by any offender as a result of the
violation is five hundred dollars or more.
(d) Regarding any violation of division (B) of this section, the offender
committed the violation with three or more other persons with respect to whom
the offender was the organizer or leader of the activity that resulted in the
violation.
(e) Regarding any violation of division (B) of this section, the offender
knowingly assisted in the violation through the provision or selection of
electronic mail addresses to which the commercial electronic mail message was
transmitted, if that offender knew that the electronic mail addresses of the
recipients were obtained using an automated means from an internet web site or
proprietary online service operated by another person, and that web site or
online service included, at the time the electronic mail addresses were obtained,
a notice stating that the operator of that web site or online service will not
transfer addresses maintained by that web site or online service to any other
party for the purposes of initiating the transmission of, or enabling others
to initiate the transmission of, electronic mail messages.
(f) Regarding any violation of division (B) of this section, the offender
knowingly assisted in the violation through the provision or selection of electronic
mail addresses of the recipients obtained using an automated means that generates
possible electronic mail addresses by combining names, letters, or numbers into
numerous permutations.
(D) (1) No person, with regard to commercial electronic mail messages sent from
or to a computer in this state, shall knowingly access a computer without
authorization and purposely initiate the transmission of multiple commercial
electronic mail messages from or through the computer.
(2) Except as otherwise provided in division (E) of this section, whoever
violates division (D)(1) of this section is guilty of unauthorized access of
a computer, a felony of the fourth degree.
(E) Illegally transmitting multiple commercial electronic mail messages and unauthorized
access of a computer in violation of this section are felonies of the third degree if
the offender previously has been convicted of a violation of this section, or a
violation of a law of another state or the United States regarding the transmission
of electronic mail messages or unauthorized access to a computer, or if the offender
committed the violation of this section in the furtherance of a felony.
(F) (1) The attorney general or an electronic mail service provider that is injured
by a violation of this section may bring a civil action in an appropriate court of
common pleas of this state seeking relief from any person whose conduct violated
this section. The civil action may be commenced at any time within one year of the
date after the act that is the basis of the civil action.
(2) In a civil action brought by the attorney general pursuant to division (F)(1)
of this section for a violation of this section, the court may award temporary,
preliminary, or permanent injunctive relief. The court also may impose a civil penalty
against the offender, as the court considers just, in an amount that is the lesser of:
(a) twenty-five thousand dollars for each day a violation occurs, or (b) not less
than two dollars but not more than eight dollars for each commercial electronic mail
message initiated in violation of this section.
(3) In a civil action brought by an electronic mail service provider pursuant to
division (F)(1) of this section for a violation of this section, the court may award
temporary, preliminary, or permanent injunctive relief, and also may award damages
in an amount equal to the greater of the following:
(a) The sum of the actual damages incurred by the electronic mail service
provider as a result of a violation of this section, plus any receipts of the
offender that are attributable to a violation of this section and that were not
taken into account in computing actual damages;
(b) Statutory damages, as the court considers just, in an amount that is
the lesser of: (i) twenty-five thousand dollars for each day a violation occurs,
or (ii) not less than two dollars but not more than eight dollars for each
commercial electronic mail message initiated in violation of this section.
(4) In assessing damages awarded under division (F)(3) of this section,
the court may consider whether the offender has established and implemented,
with due care, commercially reasonable practices and procedures designed to
effectively prevent the violation, or the violation occurred despite commercially
reasonable efforts to maintain the practices and procedures established.
(G) Any equipment, software, or other technology of a person who violates this
section that is used or intended to be used in the commission of a violation of this
section, and any real or personal property that constitutes or is traceable to the
gross proceeds obtained from the commission of a violation of this section, is
contraband and is subject to seizure and forfeiture pursuant to sections 2933.42
and 2933.43 of the Revised Code.
(H) The attorney general may bring a civil action, pursuant to the "CAN-SPAM Act
of 2003," Pub. L. No. 108-187, 117 Stat. 2699, 15 U.S.C. 7701 et seq., on behalf
of the residents of the state in a district court of the United States that has
jurisdiction for a violation of the CAN-SPAM Act of 2003, but the attorney general
shall not bring a civil action under both this division and division (F) of this
section. If a federal court dismisses a civil action brought under this division
for reasons other than upon the merits, a civil action may be brought under division
(F) of this section in the appropriate court of common pleas of this state.
(I) Nothing in this section shall be construed:
(1) To require an electronic mail service provider to block, transmit, route,
relay, handle, or store certain types of electronic mail messages;
(2) To prevent or limit, in any way, an electronic mail service provider from
adopting a policy regarding electronic mail, including a policy of declining to
transmit certain types of electronic mail messages, or from enforcing such policy
through technical means, through contract, or pursuant to any remedy available
under any other federal, state, or local criminal or civil law;
(3) To render lawful any policy adopted under division (I)(2) of this section
that is unlawful under any other law.
OHIO REVISED CODE
Title 29. Crimes -- Procedure
Chapter 2923. Conspiracy, Attempt, and Complicity; Weapons Control;
Corrupt Activity
Conspiracy, Attempt, and Complicity
§ 2923.01. Conspiracy
(as amended by H.B. 383 (2005), effective May 6, 2005)
§ 2923.01. Conspiracy
(A) No person, with purpose to commit or to promote or facilitate the
commission of aggravated murder, murder, kidnapping, compelling prostitution,
promoting prostitution, aggravated arson, arson, aggravated robbery, robbery,
aggravated burglary, burglary, engaging in a pattern of corrupt activity,
corrupting another with drugs, a felony drug trafficking, manufacturing,
processing, or possession offense, theft of drugs, or illegal processing of
drug documents, the commission of a felony offense of unauthorized use of a
vehicle, illegally transmitting multiple commercial electronic mail messages
or unauthorized access of a computer in violation of section 2923.421 of the
Revised Code, or the commission of a violation of any provision of Chapter
3734. of the Revised Code, other than section 3734.18 of the Revised Code,
that relates to hazardous wastes, shall do either of the following:
(1) With another person or persons, plan or aid in planning the commission of
any of the specified offenses;
(2) Agree with another person or persons that one or more of them will engage
in conduct that facilitates the commission of any of the specified offenses.
(B) No person shall be convicted of conspiracy unless a substantial overt act in
furtherance of the conspiracy is alleged and proved to have been done by the
accused or a person with whom the accused conspired, subsequent to the accused's
entrance into the conspiracy. For purposes of this section, an overt act is
substantial when it is of a character that manifests a purpose on the part of
the actor that the object of the conspiracy should be completed.
(C) When the offender knows or has reasonable cause to believe that a person
with whom the offender conspires also has conspired or is conspiring with another
to commit the same offense, the offender is guilty of conspiring with that other
person, even though the other person's identity may be unknown to the offender.
(D) It is no defense to a charge under this section that, in retrospect,
commission of the offense that was the object of the conspiracy was impossible
under the circumstances.
(E) A conspiracy terminates when the offense or offenses that are its objects
are committed or when it is abandoned by all conspirators. In the absence of
abandonment, it is no defense to a charge under this section that no offense
that was the object of the conspiracy was committed.
(F) A person who conspires to commit more than one offense is guilty of only
one conspiracy, when the offenses are the object of the same agreement or
continuous conspiratorial relationship.
(G) When a person is convicted of committing or attempting to commit a specific offense
or of complicity in the commission of or attempt to commit the specific offense, the
person shall not be convicted of conspiracy involving the same offense.
(H)(1) No person shall be convicted of conspiracy upon the testimony of a person
with whom the defendant conspired, unsupported by other evidence.
(2) If a person with whom the defendant allegedly has conspired testifies against
the defendant in a case in which the defendant is charged with conspiracy and if
the testimony is supported by other evidence, the court, when it charges the jury,
shall state substantially the following:
"The testimony of an accomplice that is supported by other evidence does not become
inadmissible because of the accomplice's complicity, moral turpitude, or self-interest,
but the admitted or claimed complicity of a witness may affect the witness'
credibility and make the witness' testimony subject to grave suspicion, and require
that it be weighed with great caution.
It is for you, as jurors, in the light of all the facts presented to you from
the witness stand, to evaluate such testimony and to determine its quality and
worth or its lack of quality and worth."
(3) "Conspiracy," as used in division (H)(1) of this section, does not include any
conspiracy that results in an attempt to commit an offense or in the commission of
an offense.
(I) The following are affirmative defenses to a charge of conspiracy:
(1) After conspiring to commit an offense, the actor thwarted the success of the
conspiracy under circumstances manifesting a complete and voluntary renunciation
of the actor's criminal purpose.
(2) After conspiring to commit an offense, the actor abandoned the conspiracy prior
to the commission of or attempt to commit any offense that was the object of the
conspiracy, either by advising all other conspirators of the actor's abandonment,
or by informing any law enforcement authority of the existence of the conspiracy
and of the actor's participation in the conspiracy.
(J) Whoever violates this section is guilty of conspiracy, which is one of the
following:
(1) A felony of the first degree, when one of the objects of the conspiracy
is aggravated murder, murder, or an offense for which the maximum penalty is
imprisonment for life;
(2) A felony of the next lesser degree than the most serious offense that is
the object of the conspiracy, when the most serious offense that is the object
of the conspiracy is a felony of the first, second, third, or fourth degree;
(3) A felony punishable by a fine of not more than twenty-five thousand dollars
or imprisonment for not more than eighteen months, or both, when the offense
that is the object of the conspiracy is a violation of any provision of Chapter
3734. of the Revised Code, other than section 3734.18 of the Revised Code, that
relates to hazardous wastes;
(4) A misdemeanor of the first degree, when the most serious offense that is the
object of the conspiracy is a felony of the fifth degree.
(K) This section does not define a separate conspiracy offense or penalty where
conspiracy is defined as an offense by one or more sections of the Revised Code,
other than this section. In such a case, however:
(1) With respect to the offense specified as the object of the conspiracy in the
other section or sections, division (A) of this section defines the voluntary act
or acts and culpable mental state necessary to constitute the conspiracy;
(2) Divisions (B) to (I) of this section are incorporated by reference in the
conspiracy offense defined by the other section or sections of the Revised Code.
(L)(1) In addition to the penalties that otherwise are imposed for conspiracy,
a person who is found guilty of conspiracy to engage in a pattern of corrupt
activity is subject to divisions (B)(2), (3), (4), and (5) of section 2923.32
of the Revised Code.
(2) If a person is convicted of or pleads guilty to conspiracy and if the
most serious offense that is the object of the conspiracy is a felony drug
trafficking, manufacturing, processing, or possession offense, in addition
to the penalties or sanctions that may be imposed for the conspiracy under
division (J)(2) or (4) of this section and Chapter 2929. of the Revised Code,
both of the following apply:
(a) The provisions of divisions (D), (F), and (G) of section 2925.03, division (D) of
section 2925.04, division (D) of section 2925.05, division (D) of section 2925.06, and
division (E) of section 2925.11 of the Revised Code that pertain to mandatory and
additional fines, driver's or commercial driver's license or permit suspensions, and
professionally licensed persons and that would apply under the appropriate provisions
of those divisions to a person who is convicted of or pleads guilty to the felony drug
trafficking, manufacturing, processing, or possession offense that is the most serious
offense that is the basis of the conspiracy shall apply to the person who is convicted
of or pleads guilty to the conspiracy as if the person had been convicted of or pleaded
guilty to the felony drug trafficking, manufacturing, processing, or possession offense
that is the most serious offense that is the basis of the conspiracy.
(b) The court that imposes sentence upon the person who is convicted of or pleads guilty
to the conspiracy shall comply with the provisions identified as being applicable under
division (L)(2) of this section, in addition to any other penalty or sanction that it
imposes for the conspiracy under division (J)(2) or (4) of this section and Chapter
2929. of the Revised Code.
(M) As used in this section:
(1) "Felony drug trafficking, manufacturing, processing, or possession offense"
means any of the following that is a felony:
(a) A violation of section 2925.03, 2925.04, 2925.05, or 2925.06 of the Revised Code;
(b) A violation of section 2925.11 of the Revised Code that is not a minor
drug possession offense.
(2) "Minor drug possession offense" has the same meaning as in section 2925.01
of the Revised Code.
