Ohio Rev. Code » Chapter 2925
Ohio Revised Code

Ohio Rev. Code § 2925.22 (2026)

Deception to obtain a dangerous drug

✓ 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, by deception, shall procure the administration of, a prescription for, or the dispensing of, a dangerous drug or shall possess an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug.

(B) Whoever violates this section is guilty of deception to obtain a dangerous drug. The penalty for the offense shall be determined as follows:

(1) If the person possesses an uncompleted preprinted prescription blank used for writing a prescription for a dangerous drug or if the drug involved is a dangerous drug, except as otherwise provided in division (B)(2) or (3) of this section, deception to obtain a dangerous drug is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to a drug abuse offense, a felony of the fourth degree. Division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender pursuant to this division.

(2) If the drug involved is a compound, mixture, preparation, or substance included in schedule I or II, with the exception of marihuana, the penalty for deception to obtain drugs is one of the following:

(a) Except as otherwise provided in division (B)(2)(b), (c), or (d) of this section, it is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed the bulk amount but would be less than five times the bulk amount, it is a felony of the third degree, and there is a presumption for a prison term for the offense.

(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed five times the bulk amount but would be less than fifty times the bulk amount, it is a felony of the second degree, and there is a presumption for a prison term for the offense.

(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed fifty times the bulk amount, it is a felony of the first degree, and there is a presumption for a prison term for the offense.

(3) If the drug involved is a compound, mixture, preparation, or substance included in schedule III, IV, or V or is marihuana, the penalty for deception to obtain a dangerous drug is one of the following:

(a) Except as otherwise provided in division (B)(3)(b), (c), or (d) of this section, it is a felony of the fifth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(b) If the amount of the drug involved equals or exceeds the bulk amount but is less than five times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed the bulk amount but would be less than five times the bulk amount, it is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed five times the bulk amount but would be less than fifty times the bulk amount, it is a felony of the third degree, and there is a presumption for a prison term for the offense.

(d) If the amount of the drug involved equals or exceeds fifty times the bulk amount, or if the amount of the drug involved that could be obtained pursuant to the prescription would equal or exceed fifty times the bulk amount, it is a felony of the second degree, and there is a presumption for a prison term for the offense.

(C)(1) If the offender is a professionally licensed person, in addition to any other sanction imposed for a violation of this section, the court immediately shall comply with section 2925.38 of the Revised Code.

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

(2) 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 (C)(2) of this section, the sentencing court, in its discretion, may terminate the suspension.

(D) Notwithstanding any contrary provision of section 3719.21 of the Revised Code, the clerk of the court shall pay a 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 as specified in division (F) of section 2925.03 of the Revised Code.

Last updated January 28, 2025 at 12:57 PM

Notes of Decisions
Cited in 43 cases (8 in the last 5 years), 1983–2026 · leading case: State v. Carson, 2013 Ohio 5785 (Ohio Ct. App. 2013).
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State v. Carson, 2013 Ohio 5785 (Ohio Ct. App. 2013). · cites it 3× “{¶6} After further investigation, Sherry was indicted on one count of deception to obtain a dangerous drug, in violation of R.C. 2925.22, a felony of the fifth degree.”
State v. Toudle, 2013 Ohio 1548 (Ohio Ct. App. 2013). · cites it 3× “{¶3} In January 2012, the State re-indicted Toudle in CR-558515 on four counts of deception to obtain a dangerous drug in violation of R.C. 2925.22(A). All of the counts involved prescriptions for Percocet.”
State v. Niesen-Pennycuff, 2012 Ohio 2730 (Ohio 2012). · cites it 2× “Facts and Procedural History {¶ 2} On April 21, 2009, appellant, Regina Niesen-Pennycuff, was indicted on 12 counts of deception to obtain a dangerous drug, in violation of R.C. 2925.22(A), felonies of the fifth degree.”
State v. Azbell, 112 Ohio St. 3d 300 (Ohio 2006). “23(B)(1) and deception to obtain a dangerous drug in violation of R.C. 2925.22(A), both felonies of the fifth degree.”
State v. Bahns, 925 N.E.2d 1025 (Ohio Ct. App. 2009). “Bahns, appeals his conviction and sentence for one count of using deception to obtain drugs, in violation of R.C. 2925.22(A), a felony of the fourth degree.”
Disciplinary Couns. v. Wolf, 853 N.E.2d 1169 (Ohio 2006). · cites it 3× “{¶ 2} On August 8, 2005, relator, Disciplinary Counsel, charged that respondent’s two convictions, both for procuring dangerous prescription drugs by deception in violation of R.C. 2925.22(A), constituted violations of the Code of Professional Responsibility.”
State v. Martin, 2021 Ohio 4246 (Ohio Ct. App. 2021). · cites it 3× “Within that indictment, Martin was charged with 16 counts of deception to obtain dangerous drugs in violation of R.C. 2925.22(A), all second-degree felonies in accordance with R.”
State v. Tolle, 2021 Ohio 3401 (Ohio Ct. App. 2021). · cites it 5× “The jury found appellant guilty of deception to obtain a dangerous drug in violation of R.C. 2925.22(A) and not guilty of theft from a person in a protected class.”
State v. Shoaf, 746 N.E.2d 674 (Ohio Ct. App. 2000). “On April 30, 1998, appellee was indicted by a grand jury for five counts of deception to obtain dangerous drugs, a violation of R.C. 2925.22; one count of illegal processing of drug documents, a violation of R.”
State v. Westrick, 2011 Ohio 1169 (Ohio Ct. App. 2011). “On September 12, 2008, Westrick was indicted on three counts of deception to obtain a dangerous drug in violation of R.C. 2925.22(A), each a felony of the fifth degree.”
State v. Cruz, 2012 Ohio 1943 (Ohio Ct. App. 2012). · cites it 3× “ASSIGNMENT OF ERROR TWO The trial court erred at sentencing by failing to merge the counts under R.”
State v. Thomas, 2020 Ohio 3539 (Ohio Ct. App. 2020). “Thomas on one count of aggravated possession of drugs in violation of R.C. 2925.22(A)/(C)(1)(a), a felony of the fifth degree.”
Show all 43 citing cases →
— Ohio Rev. Code § 2925.22(A) — 27 cases
State v. Toudle, 2013 Ohio 1548 (Ohio Ct. App. 2013). “{¶3} In January 2012, the State re-indicted Toudle in CR-558515 on four counts of deception to obtain a dangerous drug in violation of R.C. 2925.22(A). All of the counts involved prescriptions for Percocet.”
State v. Carson, 2013 Ohio 5785 (Ohio Ct. App. 2013). “{¶6} After further investigation, Sherry was indicted on one count of deception to obtain a dangerous drug, in violation of R.C. 2925.22, a felony of the fifth degree.”
State v. Niesen-Pennycuff, 2012 Ohio 2730 (Ohio 2012). “Facts and Procedural History {¶ 2} On April 21, 2009, appellant, Regina Niesen-Pennycuff, was indicted on 12 counts of deception to obtain a dangerous drug, in violation of R.C. 2925.22(A), felonies of the fifth degree.”
State v. Azbell, 112 Ohio St. 3d 300 (Ohio 2006). “23(B)(1) and deception to obtain a dangerous drug in violation of R.C. 2925.22(A), both felonies of the fifth degree.”
State v. Bahns, 925 N.E.2d 1025 (Ohio Ct. App. 2009). “Bahns, appeals his conviction and sentence for one count of using deception to obtain drugs, in violation of R.C. 2925.22(A), a felony of the fourth degree.”
— Ohio Rev. Code § 2925.22(A)(B)(2) — 1 case
State v. Singh, 2020 Ohio 5604 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2925.22(A)(B)(2)(b) — 1 case
State ex rel. Brooks v. Miller, 2015 Ohio 3755 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2925.22(B) — 1 case
State v. Smith, 2013 Ohio 2580 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2925.22(B)(2) — 1 case
State v. Carson, 2013 Ohio 5785 (Ohio Ct. App. 2013). “{¶6} After further investigation, Sherry was indicted on one count of deception to obtain a dangerous drug, in violation of R.C. 2925.22, a felony of the fifth degree.”
— Ohio Rev. Code § 2925.22(B)(2)(a) — 1 case
State v. Schaufele, 2012 Ohio 642 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2925.22(B)(2)(c) — 3 cases
State v. Martin, 2021 Ohio 4246 (Ohio Ct. App. 2021). “Within that indictment, Martin was charged with 16 counts of deception to obtain dangerous drugs in violation of R.C. 2925.22(A), all second-degree felonies in accordance with R.”
State v. Cruz, 2012 Ohio 1943 (Ohio Ct. App. 2012). “ASSIGNMENT OF ERROR TWO The trial court erred at sentencing by failing to merge the counts under R.”
State v. Bickley, 2019 Ohio 16 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2925.22(B)(3)(c) — 1 case
State v. Smith, 2013 Ohio 2580 (Ohio Ct. App. 2013).
— Ohio Rev. Code § 2925.22(C)(1) — 1 case
State v. Angers, 2023 Ohio 369 (Ohio Ct. App. 2023).
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