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 (Ohio 2019).
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State v. Pribble (Slip Opinion), 2019 Ohio 4808 (Ohio 2019). · 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 (Ohio Ct. App. 2016). · 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 (Ohio Ct. App. 2010). · 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 (Ohio Ct. App. 2018). · 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 (Ohio Ct. App. 2014). · cites it 15× “14 and R.C. 2925.041 were amended by H.B. 86. 4 {¶9} R.”
State v. Scoggins, 2017 Ohio 8989 (Ohio Ct. App. 2017). · 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 (Ohio Ct. App. 2019). · cites it 10× “] R.C. 2925.041 is unconstitutional because it is vague and overbroad.”
State v. Meddock, 2017 Ohio 4414 (Ohio Ct. App. 2017). · 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 (Ohio Ct. App. 2016). · 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 (Ohio Ct. App. 2016). · 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. 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 (Ohio Ct. App. 2016). · 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 (Ohio Ct. App. 2016). “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 (Ohio 2019). “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Bevers, 2018 Ohio 4135 (Ohio Ct. App. 2018). “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 (Ohio Ct. App. 2019). “] R.C. 2925.041 is unconstitutional because it is vague and overbroad.”
State v. Maust, 2016 Ohio 3171 (Ohio Ct. App. 2016). “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 Ct. App. 2011).
— Ohio Rev. Code § 2925.041(A)(C) — 8 cases
State v. Walters, 2014 Ohio 4966 (Ohio Ct. App. 2014).
State v. Saylor, 2019 Ohio 1025 (Ohio Ct. App. 2019).
State v. Isenogle, 2022 Ohio 1257 (Ohio Ct. App. 2022).
State v. Warner, 2014 Ohio 1874 (Ohio Ct. App. 2014).
State v. Ruddock, 2012 Ohio 2711 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2925.041(A)(C)(1) — 5 cases
State v. Fletcher, 2013 Ohio 3076 (Ohio Ct. App. 2013).
State v. Strong, 2013 Ohio 5189 (Ohio Ct. App. 2013).
State v. Holland, 2013 Ohio 904 (Ohio Ct. App. 2013).
State v. Holland, 2013 Ohio 4136 (Ohio Ct. App. 2013).
State v. Strebler, 2011 Ohio 6375 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2925.041(A)(C)(1)(b) — 1 case
State v. McVey, 2012 Ohio 2520 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2925.041(A)(C)(2) — 3 cases
State v. VanCamp, 2016 Ohio 2980 (Ohio Ct. App. 2016).
State v. Dorazio, 2023 Ohio 3126 (Ohio Ct. App. 2023).
State v. Fenton, 2015 Ohio 5464 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.041(B) — 16 cases
State v. Meddock, 2017 Ohio 4414 (Ohio Ct. App. 2017). “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 (Ohio Ct. App. 2017).
State v. McDonald, 2016 Ohio 2699 (Ohio Ct. App. 2016).
State v. Lanik, 2013 Ohio 361 (Ohio Ct. App. 2013).
State v. Hogue, 2018 Ohio 3887 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2925.041(C) — 11 cases
State v. Pribble (Slip Opinion), 2019 Ohio 4808 (Ohio 2019). “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Scoggins, 2017 Ohio 8989 (Ohio Ct. App. 2017). “) {¶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 (Ohio Ct. App. 2016).
State v. Rowley, 2017 Ohio 5850 (Ohio Ct. App. 2017).
State v. Gregory, 2015 Ohio 4901 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.041(C)(1) — 9 cases
State v. Pribble (Slip Opinion), 2019 Ohio 4808 (Ohio 2019). “THE TEXT AND HISTORY OF R.C. 2925.041 AND 2929.14(A)(3) {¶ 3} R.C.”
State v. Harp, 2016 Ohio 4921 (Ohio Ct. App. 2016). “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 (Ohio Ct. App. 2014). “14 and R.C. 2925.041 were amended by H.B. 86. 4 {¶9} R.”
State v. Ashcraft, 2022 Ohio 4611 (Ohio 2022).
State v. Clark, 2015 Ohio 5003 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.041(C)(2) — 4 cases
State v. Scoggins, 2017 Ohio 8989 (Ohio Ct. App. 2017). “) {¶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 (Ohio Ct. App. 2014).
State v. Woods, 2016 Ohio 4830 (Ohio Ct. App. 2016).
State v. Gregory, 2015 Ohio 4901 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.041(D)(1) — 1 case
State v. Eader, 2013 Ohio 3709 (Ohio Ct. App. 2013).
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