Ohio Rev. Code » Chapter 2925
Ohio Revised Code

Ohio Rev. Code § 2925.05 (2026)

Funding, aggravated funding of drug or marihuana trafficking

✓ 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 provide money or other items of value to another person with the purpose that the recipient of the money or items of value use them to obtain any controlled substance for the purpose of violating section 2925.04 of the Revised Code or for the purpose of selling or offering to sell the controlled substance in the following amount:

(1) If the drug to be sold or offered for sale is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of marihuana, cocaine, L.S.D., heroin, any fentanyl-related compound, and hashish, or schedule III, IV, or V, an amount of the drug that equals or exceeds the bulk amount of the drug;

(2) If the drug to be sold or offered for sale is marihuana or a compound, mixture, preparation, or substance other than hashish containing marihuana, an amount of the marihuana that equals or exceeds two hundred grams;

(3) If the drug to be sold or offered for sale is cocaine or a compound, mixture, preparation, or substance containing cocaine, an amount of the cocaine that equals or exceeds five grams;

(4) If the drug to be sold or offered for sale is L.S.D. or a compound, mixture, preparation, or substance containing L.S.D., an amount of the L.S.D. that equals or exceeds ten unit doses if the L.S.D. is in a solid form or equals or exceeds one gram if the L.S.D. is in a liquid concentrate, liquid extract, or liquid distillate form;

(5) If the drug to be sold or offered for sale is heroin or a fentanyl-related compound, or a compound, mixture, preparation, or substance containing heroin or a fentanyl-related compound, an amount that equals or exceeds ten unit doses or equals or exceeds one gram;

(6) If the drug to be sold or offered for sale is hashish or a compound, mixture, preparation, or substance containing hashish, an amount of the hashish that equals or exceeds ten grams if the hashish is in a solid form or equals or exceeds two grams if the hashish is in a liquid concentrate, liquid extract, or liquid distillate form.

(B) This section does not apply to any person listed in division (B)(1), (2), or (3) of section 2925.03 of the Revised Code to the extent and under the circumstances described in those divisions.

(C)(1) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule I or II, with the exception of marihuana, whoever violates division (A) of this section is guilty of aggravated funding of drug trafficking, a felony of the first degree, and, subject to division (E) of this section, the court shall impose as a mandatory prison term a first degree felony mandatory prison term.

(2) If the drug involved in the violation is any compound, mixture, preparation, or substance included in schedule III, IV, or V, whoever violates division (A) of this section is guilty of funding of drug trafficking, a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.

(3) If the drug involved in the violation is marihuana, whoever violates division (A) of this section is guilty of funding of marihuana trafficking, a felony of the third degree, and, except as otherwise provided in this division, there is a presumption for a prison term for the offense. If funding of marihuana trafficking is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree.

(D) In addition to any prison term authorized or required by division (C) or (E) 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 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 pursuant to 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 in accordance with division (F) of section 2925.03 of the Revised Code. If a person is charged with a violation of this section, posts bail, and forfeits the bail, the forfeited bail shall be paid as if the forfeited bail were a fine imposed for a violation of this section.

(2) If the offender is a professionally licensed person, the court immediately 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) Notwithstanding the prison term otherwise authorized or required for the offense under division (C) of this section and sections 2929.13 and 2929.14 of the Revised Code, if the violation of division (A) of this section involves the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, one of the following applies:

(1) If the drug involved in the violation is a fentanyl-related compound, the offense is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.

(2) If division (E)(1) of this section does not apply and the court imposing sentence upon the offender finds that the offender as a result of the violation is a major drug offender and is guilty of a specification of the type described in division (A) of section 2941.1410 of the Revised Code, the court, in lieu of the prison term otherwise authorized or required, shall impose upon the offender the mandatory prison term specified in division (B)(3) of section 2929.14 of the Revised Code.

(F) 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 (F) 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 23 cases (9 in the last 5 years), 2000–2026 · leading case: State v. Siferd, 783 N.E.2d 591 (Ohio Ct. App. 2003).
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State v. Siferd, 783 N.E.2d 591 (Ohio Ct. App. 2003). · cites it 4× “” The court then proceeded to outline the elements necessary to prove the predicate offenses alleged by the State, specifically instructing as to the elements of unlawful funding of drug trafficking, in violation of R.C. 2925.05, trafficking of drugs, in violation of R.”
State v. Johnson, 2015 Ohio 3248 (Ohio Ct. App. 2015). · cites it 4× “32, and 19 counts of aggravated funding of drug trafficking, in violation of R.C. 2925.05. On October 16, 2013, appellant was indicted in common pleas case No.”
State v. Colston, 2020 Ohio 3879 (Ohio Ct. App. 2020). · cites it 2× “11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug…”
State v. Lazzerini, 2021 Ohio 1998 (Ohio Ct. App. 2021). · cites it 2× “11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug…”
State v. Thomas, 2025 Ohio 1321 (Ohio Ct. App. 2025). · cites it 6× “R.C. 2925.05(A). Moreover, even if this element had been contained in the indictment, there was no evidence presented at trial to prove Jackson was to use the $10,000 to obtain drugs for the purpose of selling or offering to sell those drugs.”
State v. Gill, 2024 Ohio 2792 (Ohio Ct. App. 2024). · cites it 2× “11 and division (E)(1) of section 2925.05 of the Revised Code, the determination by a court that an offender is a major drug offender is precluded unless the indictment, count in the indictment, or information charging the offender specifies that the offender is a major drug…”
State v. Smith, 2016 Ohio 3521 (Ohio Ct. App. 2016). “{¶21} In Romage, the Ohio Supreme Court “invalidated” the 2008 version of the R.C. 2925.05(A) as unconstitutionally overbroad, because the statute prohibits anyone not specifically exempted under the statute from asking any child under 14 to accompany that person in any manner…”
State v. Pippins, 2020 Ohio 503 (Ohio Ct. App. 2020). “15AP-137, 15AP-138, and 15AP-140 2 marijuana, in violation of R.C. 2925.05; 3 counts of illegal drug manufacture, in violation of R.”
State v. Zuniga, 2021 Ohio 196 (Ohio Ct. App. 2021). · cites it 4× “05 (A)(3) & (C)(1), a first- degree felony; operating a vehicle with a hidden compartment used to transport a controlled substance in violation of R.”
State v. Solomon, 2012 Ohio 5755 (Ohio Ct. App. 2012). “03(C)(4)(c)-(g); R.C. 2925.05(A)(3); R.C. 2925.11(C)(4)(b)-(e).”
State v. Swoveland, 2018 Ohio 2875 (Ohio Ct. App. 2018). “041(A), (C), a second-degree felony; Count Four of aggravated funding of drug trafficking in violation of R.C. 2925.05(A)(1), a first-degree felony; and Count Five of engaging in a pattern of corrupt activity in violation of R.”
State v. Newman, 2021 Ohio 197 (Ohio Ct. App. 2021). · cites it 2× “05 (A)(3) & (C)(1), a first- degree felony; operating a vehicle with a hidden compartment used to transport a controlled substance in violation of R.”
Show all 23 citing cases →
— Ohio Rev. Code § 2925.05(A) — 2 cases
State v. Smith, 2016 Ohio 3521 (Ohio Ct. App. 2016). “{¶21} In Romage, the Ohio Supreme Court “invalidated” the 2008 version of the R.C. 2925.05(A) as unconstitutionally overbroad, because the statute prohibits anyone not specifically exempted under the statute from asking any child under 14 to accompany that person in any manner…”
State v. Thomas, 2025 Ohio 1321 (Ohio Ct. App. 2025). “R.C. 2925.05(A). Moreover, even if this element had been contained in the indictment, there was no evidence presented at trial to prove Jackson was to use the $10,000 to obtain drugs for the purpose of selling or offering to sell those drugs.”
— Ohio Rev. Code § 2925.05(A)(1) — 2 cases
State v. Swoveland, 2018 Ohio 2875 (Ohio Ct. App. 2018). “041(A), (C), a second-degree felony; Count Four of aggravated funding of drug trafficking in violation of R.C. 2925.05(A)(1), a first-degree felony; and Count Five of engaging in a pattern of corrupt activity in violation of R.”
State v. Jacobs, 2015 Ohio 4559 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.05(A)(2) — 1 case
State v. Allen, 2019 Ohio 1664 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2925.05(A)(3) — 5 cases
State v. Solomon, 2012 Ohio 5755 (Ohio Ct. App. 2012). “03(C)(4)(c)-(g); R.C. 2925.05(A)(3); R.C. 2925.11(C)(4)(b)-(e).”
State v. Zuniga, 2021 Ohio 196 (Ohio Ct. App. 2021). “05 (A)(3) & (C)(1), a first- degree felony; operating a vehicle with a hidden compartment used to transport a controlled substance in violation of R.”
United States v. $42,406.00 in U.S. Currency seized on November 8, 2021 (N.D. Ohio 2022).
Zuniga v. McConahay (N.D. Ohio 2025).
State v. Newman, 2021 Ohio 119 (Ohio Ct. App. 2021).
— Ohio Rev. Code § 2925.05(A)(5) — 1 case
State v. Thomas, 2025 Ohio 1321 (Ohio Ct. App. 2025). “R.C. 2925.05(A). Moreover, even if this element had been contained in the indictment, there was no evidence presented at trial to prove Jackson was to use the $10,000 to obtain drugs for the purpose of selling or offering to sell those drugs.”
— Ohio Rev. Code § 2925.05(C)(1) — 2 cases
State v. Thomas, 2025 Ohio 1321 (Ohio Ct. App. 2025). “R.C. 2925.05(A). Moreover, even if this element had been contained in the indictment, there was no evidence presented at trial to prove Jackson was to use the $10,000 to obtain drugs for the purpose of selling or offering to sell those drugs.”
State v. Jacobs, 2015 Ohio 4559 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.05(C)(3) — 1 case
State v. Garcia, 2017 Ohio 8619 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2925.05(E) — 1 case
State v. Willan, 2011 Ohio 6603 (Ohio Ct. App. 2011).
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