Ohio Rev. Code » Chapter 2913
Ohio Revised Code

Ohio Rev. Code § 2913.46 (2026)

Illegal use of supplemental nutrition assistance or WIC program benefits

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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(A)(1) As used in this section:

(a) "Electronically transferred benefit" means the transfer of supplemental nutrition assistance program benefits or WIC program benefits through the use of an access device.

(b) "WIC program benefits" includes money, coupons, delivery verification receipts, other documents, food, or other property received directly or indirectly pursuant to section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended.

(c) "Access device" means any card, plate, code, account number, or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods, or other things of value or that can be used to initiate a transfer of funds pursuant to section 5101.33 of the Revised Code and the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), or any supplemental food program administered by any department of this state or any county or local agency pursuant to section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C.A. 1786, as amended. An "access device" may include any electronic debit card or other means authorized by section 5101.33 of the Revised Code.

(d) "Aggregate value of supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation" means the total face value of any supplemental nutrition assistance program benefits, plus the total face value of WIC program coupons or delivery verification receipts, plus the total value of other WIC program benefits, plus the total value of any electronically transferred benefit or other access device, involved in the violation.

(e) "Total value of any electronically transferred benefit or other access device" means the total value of the payments, allotments, benefits, money, goods, or other things of value that may be obtained, or the total value of funds that may be transferred, by use of any electronically transferred benefit or other access device at the time of violation.

(f) "Traffic" has the same meaning as "trafficking," as defined in 7 C.F.R. 271.2.

(2) If supplemental nutrition assistance program benefits, WIC program benefits, or electronically transferred benefits or other access devices of various values are used, transferred, bought, acquired, altered, purchased, possessed, presented for redemption, or transported in violation of this section over a period of twelve months, the course of conduct may be charged as one offense and the values of supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefits or other access devices may be aggregated in determining the degree of the offense.

(B)(1) No individual shall knowingly solicit, possess, buy, sell, use, alter, accept, or transfer supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), including regulations adopted under that act, or section 17 of the "Child Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1786, as amended.

(2) No individual shall knowingly traffic supplemental nutrition assistance program benefits.

(C) No organization, as defined in division (D) of section 2901.23 of the Revised Code, shall do either of the following:

(1) Knowingly allow an employee or agent to solicit, sell, transfer, traffic, or trade items or services in violation of division (B) of this section;

(2) Negligently allow an employee or agent to solicit, sell, transfer, traffic, or exchange supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit in violation of division (B) of this section.

(D) Whoever violates this section is guilty of illegal use of supplemental nutrition assistance program benefits or WIC program benefits. Except as otherwise provided in this division, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the fifth degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is one thousand dollars or more and is less than seven thousand five hundred dollars, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the fourth degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the third degree. If the aggregate value of the supplemental nutrition assistance program benefits, WIC program benefits, and electronically transferred benefits involved in the violation is one hundred fifty thousand dollars or more, illegal use of supplemental nutrition assistance program benefits or WIC program benefits is a felony of the second degree.

Last updated November 12, 2025 at 3:36 PM

Notes of Decisions
Cited in 37 cases (4 in the last 5 years), 1987–2024 · leading case: State v. Gill, 584 N.E.2d 1200 (Ohio 1992).
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State v. Gill, 584 N.E.2d 1200 (Ohio 1992). · cites it 23× “” As I read the majority opinion and its practical application, thousands of Ohio citizens who are made eligible for the food stamp program by federal amendments adopted after the enactment of R.C. 2913.46 would be in violation of Ohio’s criminal statute for possessing food…”
State v. Ziemba, 2012 Ohio 1717 (Ohio Ct. App. 2012). · cites it 25× “46 in effect at the time of Ziemba’s indicted offenses read as follows: No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer food stamp coupons, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the “Food…”
State v. Frambach, 612 N.E.2d 424 (Ohio Ct. App. 1992). · cites it 4× “24(A), and trafficking and illegal use of food stamps, R.C. 2913.46(A). A joint trial to a jury was begun on July 25, 1991.”
State v. Agee, 2017 Ohio 8164 (Ohio Ct. App. 2017). · cites it 12× “{¶48} Roberts was indicted for illegal use of food stamps (R.C. 2913.46), theft (R.C. 2913.02), and three counts of tampering with records (R.”
State v. Hamed, 577 N.E.2d 1111 (Ohio Ct. App. 1989). “See R.C. 2913.46(A). In his single assignment of error, he claims that the trial court abused its discretion in failing to hold a hearing on his post-sentence motion to withdraw his plea of no contest.”
State v. Byrd, 2012 Ohio 5728 (Ohio Ct. App. 2012). “24(A) and trafficking in or illegal use of food stamps in violation of R.C. 2913.46(B). 1 {¶3} The following facts were adduced at Byrd’s jury trial.”
State v. Bing, 731 N.E.2d 266 (Ohio Ct. App. 1999). “14(C), (4) illegal use of food stamps, in violation of R.C. 2913.46(B), and (5) endangering children, in violation of R.”
State v. Hollis, 632 N.E.2d 935 (Ohio Ct. App. 1993). · cites it 2× “02) 1 and for trafficking in food stamps (R.C. 2913.46). 2 This indictment was issued on June 23, 1992, approximately seven and one-half years after the alleged criminal activity occurred, viz.”
State v. Mott, 2020 Ohio 4979 (Ohio Ct. App. 2020). · cites it 4× “Facts and procedural History {¶2} On March 22, 2019, Mott was indicted on one count of Illegal Use of Supplemental Nutrition or WIC Program Benefits in violation of R.C. 2913.46(B) & (D), a felony of the fifth degree.”
State v. Adames, 2017 Ohio 587 (Ohio Ct. App. 2017). “{¶1} Appellant Humberto Adames appeals a judgment of the Licking County Common Pleas Court overruling his motion to withdraw his guilty plea to three counts of illegal use of supplemental nutrition or W IC benefits (R.C. 2913.46(B)) and one count of receiving stolen property (R.”
State v. Lusher, 2012 Ohio 5526 (Ohio Ct. App. 2012). “) Count 5 charged Lusher with violating R.C. 2913.46(B) (prohibiting the illegal use of food stamps).”
State v. Mitchell, 605 N.E.2d 978 (Ohio Ct. App. 1992). “Mitchell was also indicted on a third count of trafficking in food stamps in violation of R.C. 2913.46 for the period of time July 1983 to May 1984.”
Show all 37 citing cases →
— Ohio Rev. Code § 2913.46(A) — 5 cases
State v. Gill, 584 N.E.2d 1200 (Ohio 1992). “” As I read the majority opinion and its practical application, thousands of Ohio citizens who are made eligible for the food stamp program by federal amendments adopted after the enactment of R.C. 2913.46 would be in violation of Ohio’s criminal statute for possessing food…”
State v. Frambach, 612 N.E.2d 424 (Ohio Ct. App. 1992). “24(A), and trafficking and illegal use of food stamps, R.C. 2913.46(A). A joint trial to a jury was begun on July 25, 1991.”
State v. Hamed, 577 N.E.2d 1111 (Ohio Ct. App. 1989). “See R.C. 2913.46(A). In his single assignment of error, he claims that the trial court abused its discretion in failing to hold a hearing on his post-sentence motion to withdraw his plea of no contest.”
State v. Bolar, 530 N.E.2d 940 (Ohio Ct. App. 1987).
State v. Almingdad, 784 N.E.2d 718 (Ohio Ct. App. 2003).
— Ohio Rev. Code § 2913.46(A)(1)(b) — 1 case
State v. Ziemba, 2012 Ohio 1717 (Ohio Ct. App. 2012). “46 in effect at the time of Ziemba’s indicted offenses read as follows: No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer food stamp coupons, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the “Food…”
— Ohio Rev. Code § 2913.46(A)(2) — 1 case
State v. Ziemba, 2012 Ohio 1717 (Ohio Ct. App. 2012). “46 in effect at the time of Ziemba’s indicted offenses read as follows: No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer food stamp coupons, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the “Food…”
— Ohio Rev. Code § 2913.46(B) — 24 cases
State v. Agee, 2017 Ohio 8164 (Ohio Ct. App. 2017). “{¶48} Roberts was indicted for illegal use of food stamps (R.C. 2913.46), theft (R.C. 2913.02), and three counts of tampering with records (R.”
State v. Byrd, 2012 Ohio 5728 (Ohio Ct. App. 2012). “24(A) and trafficking in or illegal use of food stamps in violation of R.C. 2913.46(B). 1 {¶3} The following facts were adduced at Byrd’s jury trial.”
State v. Bing, 731 N.E.2d 266 (Ohio Ct. App. 1999). “14(C), (4) illegal use of food stamps, in violation of R.C. 2913.46(B), and (5) endangering children, in violation of R.”
State v. Mott, 2020 Ohio 4979 (Ohio Ct. App. 2020). “Facts and procedural History {¶2} On March 22, 2019, Mott was indicted on one count of Illegal Use of Supplemental Nutrition or WIC Program Benefits in violation of R.C. 2913.46(B) & (D), a felony of the fifth degree.”
State v. Ziemba, 2012 Ohio 1717 (Ohio Ct. App. 2012). “46 in effect at the time of Ziemba’s indicted offenses read as follows: No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer food stamp coupons, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the “Food…”
— Ohio Rev. Code § 2913.46(C) — 2 cases
State v. Frambach, 612 N.E.2d 424 (Ohio Ct. App. 1992). “24(A), and trafficking and illegal use of food stamps, R.C. 2913.46(A). A joint trial to a jury was begun on July 25, 1991.”
State v. Hollis, 632 N.E.2d 935 (Ohio Ct. App. 1993). “02) 1 and for trafficking in food stamps (R.C. 2913.46). 2 This indictment was issued on June 23, 1992, approximately seven and one-half years after the alleged criminal activity occurred, viz.”
— Ohio Rev. Code § 2913.46(C)(1) — 1 case
S & P Lebos, Inc. v. Ohio Liquor Control Comm'n, 840 N.E.2d 1089 (Ohio Ct. App. 2005).
— Ohio Rev. Code § 2913.46(D) — 1 case
State v. Ziemba, 2012 Ohio 1717 (Ohio Ct. App. 2012). “46 in effect at the time of Ziemba’s indicted offenses read as follows: No individual shall knowingly possess, buy, sell, use, alter, accept, or transfer food stamp coupons, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the “Food…”
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