Ohio Revised Code

Ohio Rev. Code § 2909.28 (2026)

Illegal assembly or possession of chemicals or substances for manufacture of prohibited weapons

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Effective:

September 10, 2012

Latest Legislation:

House Bill 487 - 129th General Assembly

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(A) No person, with the intent to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, shall knowingly assemble or possess one or more toxins, toxic chemicals, precursors of toxic chemicals, vectors, biological agents, or hazardous radioactive substances that may be used to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device.

(B) In a prosecution under this section, it is not necessary to allege or prove that the offender assembled or possessed all chemicals or substances necessary to manufacture a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device. The assembly or possession of a single chemical or substance, with the intent to use that chemical or substance in the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, is sufficient to violate this section.

(C) Whoever violates this section is guilty of illegal assembly or possession of chemicals or substances for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon, or explosive device, which is a felony of the fourth degree.

(D) This section does not apply when the items described in division (A) of this section are assembled or possessed for a purpose related to the performance of official duties related to any military purpose of the United States and any law enforcement purpose, including any domestic riot control purpose.

Notes of Decisions

Cited in 5 cases, 2011–2020 · leading case: State v. Telshaw, 2011-Ohio-3373, 961 N.E.2d 223.

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State v. Telshaw, 2011-Ohio-3373, 961 N.E.2d 223. · cites it 2× “{¶ 1} Appellant, Randall Telshaw, appeals' his conviction on one count of possession of chemicals with the intent to manufacture explosives, in violation of R.C. 2909.28(A), a felony of the fourth degree.”

Mobley v. O'Donnell, 2020-Ohio-469. “19AP-440 2 possession of chemicals or substances for the manufacture of a chemical weapon, biological weapon, radiological or nuclear weapon or explosive device in violation of R.C. 2909.28, a fourth-degree felony; (5) illegally manufacturing or possessing explosives in…”

State v. Fasline, 2014-Ohio-1470. “17(B)(E), a second- degree felony; Assembly or Possession of Chemicals in violation of R.C. 2909.28(A)(C), a fourth-degree felony; and Manufacturing of Fireworks, in violation of R.”

State v. Feeney, 2011-Ohio-5474. “11(A)(C)(1), a felony of the third degree; one count of illegal assembly or possession of chemicals or substances for the manufacture of prohibited weapons in violation of R.C. 2909.28(A), a felony of the fourth degree; one count of illegal cultivation of marijuana in violation…”

State v. Telshaw, 2016-Ohio-479. “On August 10, 2006, appellant was indicted on a charge of possession of chemicals with intent to manufacture explosives in violation of R.C. 2909.28(A), a fourth-degree felony. Id.”

Ohio Rev. Code § 2909.28(A): 3 cases

State v. Telshaw, 2011-Ohio-3373, 961 N.E.2d 223. “{¶ 1} Appellant, Randall Telshaw, appeals' his conviction on one count of possession of chemicals with the intent to manufacture explosives, in violation of R.C. 2909.28(A), a felony of the fourth degree.”

State v. Feeney, 2011-Ohio-5474. “11(A)(C)(1), a felony of the third degree; one count of illegal assembly or possession of chemicals or substances for the manufacture of prohibited weapons in violation of R.C. 2909.28(A), a felony of the fourth degree; one count of illegal cultivation of marijuana in violation…”

State v. Telshaw, 2016-Ohio-479. “On August 10, 2006, appellant was indicted on a charge of possession of chemicals with intent to manufacture explosives in violation of R.C. 2909.28(A), a fourth-degree felony. Id.”

Ohio Rev. Code § 2909.28(A)(C): 1 case

State v. Fasline, 2014-Ohio-1470. “17(B)(E), a second- degree felony; Assembly or Possession of Chemicals in violation of R.C. 2909.28(A)(C), a fourth-degree felony; and Manufacturing of Fireworks, in violation of R.”

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