Ohio Rev. Code » Chapter 2909
Ohio Revised Code

Ohio Rev. Code § 2909.27 (2026)

Criminal use of chemical, biological, radiological, or nuclear weapon or explosive device

✓ current as of May 2026
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Effective:
April 14, 2006
Latest Legislation:
Senate Bill 9 - 126th General Assembly
PDF:
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(A) No person shall recklessly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device that creates a risk of death or serious physical harm to another person not a participant in the offense.

(B) No person shall knowingly use, deploy, release, or cause to be used, deployed, or released any chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device with the intent to do any of the following:

(1) Intimidate or coerce a civilian population;

(2) Influence the policy of any government by intimidation or coercion;

(3) Affect the conduct of any government by murder, assassination, or kidnapping;

(4) Cause physical harm to, or the death of, any person who is not a participant in the offense.

(C) Whoever violates this section is guilty of criminal use of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. A violation of division (A) of this section is a felony of the second degree. A violation of division (B) of this section is a felony of the first degree.

(D)(1) Division (A) of this section does not apply to any person who uses any of the following:

(a) Any household product that is generally available for sale to consumers in this state in the quantity and concentration available for sale to those consumers;

(b) A self-defense spray;

(c) A biological agent, toxin, or delivery system the person possesses solely for protective, bona fide research, or other peaceful purposes;

(d) A chemical weapon that the person possesses solely for a purpose not prohibited under this section if the type and quantity is consistent with that purpose.

(2) For purposes of this division, "a purpose not prohibited under this section" means any of the following:

(a) Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;

(b) Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;

(c) Any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm, when related to the performance of official duties;

(d) Any law enforcement purpose, including any domestic riot control purpose, when related to the performance of official duties.
Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2020–2023 · leading case: State v. Mobley, 2021 Ohio 492 (Ohio Ct. App. 2021).
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State v. Mobley, 2021 Ohio 492 (Ohio Ct. App. 2021). “02, and one count of criminal use of an explosive device in violation of R.C. 2909.27; each count also carried a firearm specification.”
Mobley v. O'Donnell, 2020 Ohio 469 (Ohio Ct. App. 2020). “02, a first-degree felony; (2) criminal use of a chemical, biological, radiological, or nuclear weapon or explosive in violation of R.C. 2909.27, a second-degree felony; (3) criminal possession of a chemical, biological, radiological, or nuclear weapon or explosive in violation…”
State v. Dagley, 2022 Ohio 2671 (Ohio Ct. App. 2022). “Dagley was indicted for: Count 1: Deployment, release, or use of a chemical, biological, or nuclear weapon, in violation of R.C. 2909.27(B)(4), a felony of the first degree; Count 2: Felonious assault (serious physical harm to [B.”
State v. Jenkins, 2022 Ohio 979 (Ohio Ct. App. 2022). “STATEMENT OF THE CASE AND FACTS {¶2} On July 23, 2020, the Licking County Grand Jury indicted Appellant on one count of criminal use of a chemical or explosive device, in violation of R.C. 2909.27(A), a felony of the second degree; and one count of inducing panic, in violation…”
Tyack v. Mobley, 2023 Ohio 3227 (Ohio Ct. App. 2023). “02, and one count of criminal use of an explosive device in violation of R.C. 2909.27; each count carried a firearm specification.”
— Ohio Rev. Code § 2909.27(A) — 1 case
State v. Jenkins, 2022 Ohio 979 (Ohio Ct. App. 2022). “STATEMENT OF THE CASE AND FACTS {¶2} On July 23, 2020, the Licking County Grand Jury indicted Appellant on one count of criminal use of a chemical or explosive device, in violation of R.C. 2909.27(A), a felony of the second degree; and one count of inducing panic, in violation…”
— Ohio Rev. Code § 2909.27(B)(4) — 1 case
State v. Dagley, 2022 Ohio 2671 (Ohio Ct. App. 2022). “Dagley was indicted for: Count 1: Deployment, release, or use of a chemical, biological, or nuclear weapon, in violation of R.C. 2909.27(B)(4), a felony of the first degree; Count 2: Felonious assault (serious physical harm to [B.”
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