Ohio Rev. Code » Chapter 2925
Ohio Revised Code

Ohio Rev. Code § 2925.041 (2026)

Illegal assembly or possession of chemicals for manufacture of drugs

✓ current as of May 2026
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Effective:
April 9, 2025
Latest Legislation:
House Bill 29 - 135th General Assembly
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(A) No person shall knowingly assemble or possess one or more chemicals that may be used to manufacture a controlled substance in schedule I or II with the intent to manufacture a controlled substance in schedule I or II in violation of section 2925.04 of the Revised Code.

(B) In a prosecution under this section, it is not necessary to allege or prove that the offender assembled or possessed all chemicals necessary to manufacture a controlled substance in schedule I or II. The assembly or possession of a single chemical that may be used in the manufacture of a controlled substance in schedule I or II, with the intent to manufacture a controlled substance in either schedule, is sufficient to violate this section.

(C) Whoever violates this section is guilty of illegal assembly or possession of chemicals for the manufacture of drugs. Except as otherwise provided in this division, illegal assembly or possession of chemicals for the manufacture of drugs is a felony of the third degree, and, except as otherwise provided in division (C)(1) or (2) of this section, division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the offense was committed in the vicinity of a juvenile or in the vicinity of a school, illegal assembly or possession of chemicals for the manufacture of drugs is a felony of the second degree, and, except as otherwise provided in division (C)(1) or (2) of this section, division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender. If the violation of division (A) of this section is a felony of the third degree under this division and if the chemical or chemicals assembled or possessed in violation of division (A) of this section may be used to manufacture methamphetamine, there either is a presumption for a prison term for the offense or the court shall impose a mandatory prison term on the offender, determined as follows:

(1) Except as otherwise provided in this division, there is a presumption for a prison term for the offense. If the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, except as otherwise provided in this division, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than two years. If the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense and if at least one of those previous convictions or guilty pleas was to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.04 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree that is not less than five years.

(2) If the violation of division (A) of this section is a felony of the second degree under division (C) of this section and the chemical or chemicals assembled or possessed in committing the violation may be used to manufacture methamphetamine, the court shall impose as a mandatory prison term a second degree felony mandatory prison term that is not less than three years. If the violation of division (A) of this section is a felony of the second degree under division (C) of this section, if the chemical or chemicals assembled or possessed in committing the violation may be used to manufacture methamphetamine, and if the offender previously has been convicted of or pleaded guilty to a violation of division (A) of this section, a violation of division (B)(6) of section 2919.22 of the Revised Code, or a violation of division (A) of section 2925.04 of the Revised Code, the court shall impose as a mandatory prison term a second degree felony mandatory prison term that is not less than five years.

(D) In addition to any prison term authorized by division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code and in addition to any other sanction imposed for the offense under this section or sections 2929.11 to 2929.18 of the Revised Code, if applicable, the court also shall do the following:

(1) The court shall impose upon the offender the mandatory fine specified for the offense under division (B)(1) of section 2929.18 of the Revised Code unless, as specified in that division, the court determines that the offender is indigent. The clerk of the court shall pay a mandatory fine or other fine imposed for a violation of this section under division (A) of section 2929.18 of the Revised Code in accordance with and subject to the requirements of division (F) of section 2925.03 of the Revised Code. The agency that receives the fine shall use the fine as specified in division (F) of section 2925.03 of the Revised Code. If a person charged with a violation of this section posts bail and forfeits the bail, the clerk shall pay the forfeited bail as if the forfeited bail were a fine imposed for a violation of this section.

(2) If the offender is a professionally licensed person or a person who has been admitted to the bar by order of the supreme court in compliance with its prescribed and published rules, the court shall comply with section 2925.38 of the Revised Code.

(3) If the offender has a driver's or commercial driver's license or permit, section 2929.33 of the Revised Code applies.

(E) 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 (E) of this section, the sentencing court, in its discretion, may terminate the suspension.

Last updated January 28, 2025 at 12:54 PM

Notes of Decisions
Cited in 229 cases (15 in the last 5 years), 2004–2026 · leading case: State v. Pribble (Slip Opinion), 2019-Ohio-4808, 145 N.E.3d 259.
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State v. Pribble (Slip Opinion), 2019-Ohio-4808, 145 N.E.3d 259. · cites it 190× “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Harp, 2016-Ohio-4921, 68 N.E.3d 366. · cites it 16× “14(A)(3)(a) and (b), appellant's maximum sentence for violating R.C. 2925.041 would be 36 months in prison.”
State v. Smith, 2010-Ohio-4507. · cites it 15× “09CA29 2 {¶2} Smith next contends that R.C. 2925.041 is vague and overbroad in violation of the Due Process and Equal Protection Clauses of the United States and Ohio Constitutions.”
State v. Bevers, 2018-Ohio-4135. · cites it 6× “04(A); and Count 4, illegal assembly or possession of chemicals for the manufacture of drugs under R.C. 2925.041(A). The indictment did not include an allegation that Bevers had been previously convicted of a crime.”
State v. Shaffer, 2014-Ohio-2461. · cites it 15× “14 and R.C. 2925.041 were amended by H.B. 86. 4 {¶9} R.”
State v. Scoggins, 2017-Ohio-8989. · cites it 7× “) {¶92} The plain language of R.C. 2919.22(B)(6) authorizes an endangering children conviction regardless of whether the same conduct also results in a conviction for illegal manufacture of drugs under R.”
State v. Struble, 2019-Ohio-4650, 148 N.E.3d 24. · cites it 10× “] R.C. 2925.041 is unconstitutional because it is vague and overbroad.”
State v. Meddock, 2017-Ohio-4414, 93 N.E.3d 43. · cites it 4× “04(A), and one count of illegal assembly or possession of chemicals for the manufacture of drugs, in violation of R.C. 2925.041. On appeal, Appellant contends: (1) the trial court erred when it permitted improper opinion testimony; (2) the trial court erred by permitting…”
State v. Maust, 2016-Ohio-3171. · cites it 3× “04(A); assembly or possession of chemicals used to manufacture controlled substance, a violation of R.C. 2925.041(A); trafficking, a violation of R.”
State v. Isaac, 2016-Ohio-7376, 76 N.E.3d 498. · cites it 5× “22 of the Revised Code, or a violation of division (A) of section 2925.041 of the Revised Code, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree that is not less than five years.”
State v. Kingsland, 895 N.E.2d 633 (Ohio Ct. App. 4th Dist. 2008). · cites it 2× “{¶ 6} The state indicted Kingsland on one count of illegal assembly or possession of chemicals for the manufacture of drugs, a violation of R.C. 2925.041(A) and a third-degree felony.”
State v. Clark, 2016-Ohio-2705. · cites it 4× “12(a) and thereby deprive him of the effective assistance of counsel; 2) the trial court abused its discretion when it misapplied the law of R.C. 2925.041; 3) the trial court abused its discretion when it agreed with him regarding his entitlement to discharge after the State…”
Show all 229 citing cases →
Ohio Rev. Code § 2925.041(A): 162 cases
State v. Harp, 2016-Ohio-4921, 68 N.E.3d 366. “14(A)(3)(a) and (b), appellant's maximum sentence for violating R.C. 2925.041 would be 36 months in prison.”
State v. Pribble (Slip Opinion), 2019-Ohio-4808, 145 N.E.3d 259. “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Bevers, 2018-Ohio-4135. “04(A); and Count 4, illegal assembly or possession of chemicals for the manufacture of drugs under R.C. 2925.041(A). The indictment did not include an allegation that Bevers had been previously convicted of a crime.”
State v. Struble, 2019-Ohio-4650, 148 N.E.3d 24. “] R.C. 2925.041 is unconstitutional because it is vague and overbroad.”
State v. Maust, 2016-Ohio-3171. “04(A); assembly or possession of chemicals used to manufacture controlled substance, a violation of R.C. 2925.041(A); trafficking, a violation of R.”
Ohio Rev. Code § 2925.041(A)(1): 1 case
State v. Dowler, 2011-Ohio-4991.
Ohio Rev. Code § 2925.041(A)(C): 8 cases
State v. Walters, 2014-Ohio-4966.
State v. Saylor, 2019-Ohio-1025.
State v. Isenogle, 2022-Ohio-1257.
State v. Warner, 2014-Ohio-1874.
State v. Ruddock, 2012-Ohio-2711.
Ohio Rev. Code § 2925.041(A)(C)(1): 5 cases
State v. Fletcher, 2013-Ohio-3076.
State v. Strong, 2013-Ohio-5189.
State v. Holland, 2013-Ohio-904.
State v. Holland, 2013-Ohio-4136.
State v. Strebler, 2011-Ohio-6375.
Ohio Rev. Code § 2925.041(A)(C)(1)(b): 1 case
State v. McVey, 2012-Ohio-2520.
Ohio Rev. Code § 2925.041(A)(C)(2): 3 cases
State v. VanCamp, 2016-Ohio-2980.
State v. Dorazio, 2023-Ohio-3126.
State v. Fenton, 2015-Ohio-5464.
Ohio Rev. Code § 2925.041(B): 16 cases
State v. Meddock, 2017-Ohio-4414, 93 N.E.3d 43. “04(A), and one count of illegal assembly or possession of chemicals for the manufacture of drugs, in violation of R.C. 2925.041. On appeal, Appellant contends: (1) the trial court erred when it permitted improper opinion testimony; (2) the trial court erred by permitting…”
State v. Struble, 2017-Ohio-9326.
State v. McDonald, 2016-Ohio-2699.
State v. Lanik, 2013-Ohio-361.
State v. Hogue, 2018-Ohio-3887.
Ohio Rev. Code § 2925.041(C): 11 cases
State v. Pribble (Slip Opinion), 2019-Ohio-4808, 145 N.E.3d 259. “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Scoggins, 2017-Ohio-8989. “) {¶92} The plain language of R.C. 2919.22(B)(6) authorizes an endangering children conviction regardless of whether the same conduct also results in a conviction for illegal manufacture of drugs under R.”
State v. Gilmore, 2016-Ohio-2654.
State v. Rowley, 2017-Ohio-5850, 94 N.E.3d 907.
State v. Gregory, 2015-Ohio-4901.
Ohio Rev. Code § 2925.041(C)(1): 9 cases
State v. Pribble (Slip Opinion), 2019-Ohio-4808, 145 N.E.3d 259. “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Harp, 2016-Ohio-4921, 68 N.E.3d 366. “14(A)(3)(a) and (b), appellant's maximum sentence for violating R.C. 2925.041 would be 36 months in prison.”
State v. Shaffer, 2014-Ohio-2461. “14 and R.C. 2925.041 were amended by H.B. 86. 4 {¶9} R.”
State v. Ashcraft, 2022-Ohio-4611, 220 N.E.3d 749.
State v. Clark, 2015-Ohio-5003.
Ohio Rev. Code § 2925.041(C)(2): 4 cases
State v. Scoggins, 2017-Ohio-8989. “) {¶92} The plain language of R.C. 2919.22(B)(6) authorizes an endangering children conviction regardless of whether the same conduct also results in a conviction for illegal manufacture of drugs under R.”
State v. Seal, 2014-Ohio-4167.
State v. Woods, 2016-Ohio-4830.
State v. Gregory, 2015-Ohio-4901.
Ohio Rev. Code § 2925.041(D)(1): 1 case
State v. Eader, 2013-Ohio-3709.
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