Ohio Rev. Code » Chapter 2925
Ohio Revised Code

Ohio Rev. Code § 2925.37 (2026)

Counterfeit controlled substance offenses

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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 possess any counterfeit controlled substance.

(B) No person shall knowingly make, sell, offer to sell, or deliver any substance that the person knows is a counterfeit controlled substance.

(C) No person shall make, possess, sell, offer to sell, or deliver any punch, die, plate, stone, or other device knowing or having reason to know that it will be used to print or reproduce a trademark, trade name, or other identifying mark upon a counterfeit controlled substance.

(D) No person shall sell, offer to sell, give, or deliver any counterfeit controlled substance to a juvenile.

(E) No person shall directly or indirectly represent a counterfeit controlled substance as a controlled substance by describing its effects as the physical or psychological effects associated with use of a controlled substance.

(F) No person shall directly or indirectly falsely represent or advertise a counterfeit controlled substance as a controlled substance. As used in this division, "advertise" means engaging in "advertisement," as defined in section 3715.01 of the Revised Code.

(G) Whoever violates division (A) of this section is guilty of possession of counterfeit controlled substances, a misdemeanor of the first degree.

(H) Whoever violates division (B) or (C) of this section is guilty of trafficking in counterfeit controlled substances. Except as otherwise provided in this division, trafficking in counterfeit controlled substances 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. If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in counterfeit controlled substances 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.

(I) Whoever violates division (D) of this section is guilty of aggravated trafficking in counterfeit controlled substances. Except as otherwise provided in this division, aggravated trafficking in counterfeit controlled substances 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.

(J) Whoever violates division (E) of this section is guilty of promoting and encouraging drug abuse. Except as otherwise provided in this division, promoting and encouraging drug abuse 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. If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, promoting and encouraging drug abuse 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.

(K) Whoever violates division (F) of this section is guilty of fraudulent drug advertising. Except as otherwise provided in this division, fraudulent drug advertising 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. If the offense was committed in the vicinity of a school or in the vicinity of a juvenile, fraudulent drug advertising 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.

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

(M) 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 12:59 PM

Notes of Decisions
Cited in 40 cases (6 in the last 5 years), 1984–2025 · leading case: State v. Chandler, 846 N.E.2d 1234 (Ohio 2006).
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State v. Chandler, 846 N.E.2d 1234 (Ohio 2006). · cites it 8× “03(A)(1), and knowingly selling or offering to sell a counterfeit controlled substance, R.C. 2925.37(B), are not allied offenses of similar import.”
State v. Hitsman, 2018-Ohio-5315. · cites it 6× “Hitsman also moved to dismiss the indictment, arguing that because testing had demonstrated that the LSD he possessed was counterfeit, the State was required to charge him with trafficking in a counterfeit controlled substance in violation of R.C. 2925.37(B) instead of…”
State v. Chandler, 813 N.E.2d 65 (Ohio Ct. App. 5th Dist. 2004). · cites it 5× “The Ohio Supreme Court held that they were not allied offenses of similar import and thereby upheld Mughni’s conviction on both counts.”
State v. Hurley, 2014-Ohio-2716. · cites it 3× “03(A)(1), (C)(6)(a), felonies of the fifth degree; and two counts of trafficking in counterfeit controlled substances in violation of R.C. 2925.37(B), felonies of the fifth degree.”
State v. Taylor, 2023-Ohio-4160, 228 N.E.3d 1262. · cites it 4× “37(B) & (H) F5 Controlled Substances 13 Possession of Counterfeit R.C. 2925.37(A) & (G) M1 Controlled Substances 14 Having Weapons Under Disability R.”
State v. Burnett, 755 N.E.2d 857 (Ohio 2001). “32, and offenses involving counterfeit controlled substances in violation of R.C. 2925.37. . Burnett has not challenged the ninety-day exclusion provision of Chapter 755, and, therefore, the constitutionality of the ninety-day provision is not before this court.”
State v. Milliner, 648 N.E.2d 528 (Ohio Ct. App. 8th Dist. 1994). · cites it 7× “2d 57 , argues that the more specific statute of trafficking in a counterfeit controlled substance, to wit, R.C. 2925.37, applies to his conduct because cocaine was never mentioned *266 during taped telephone conversations and because the substance actually transferred was…”
State v. Mughni, 514 N.E.2d 870 (Ohio 1987). · cites it 3× “” Appellant was also charged, under R.C. 2925.37, with “* * * knowingly * * * sellpng] or offering] to sell an unknown substance purported to be a * * * controlled substance, to-wit; Percodan * * *, knowing the same to be a counterfeit controlled substance * * *.”
State v. Engle, 850 N.E.2d 123 (Ohio Ct. App. 3d Dist. 2006). “Engle was subsequently indicted in April 2005 on one count of trafficking in counterfeit controlled substances in violation of R.C. 2925.37(B), a fifth-degree felony, and one count of trafficking in cocaine in violation of R.”
State v. Burnett, 93 Ohio St. 3d 419 (2001). “32, and offenses involving counterfeit controlled substances in violation of R.C. 2925.37. 2 January Term, 2001 concerning the right to appeal the exclusion notice as provided in Section 755-11.”
State v. Veley, 2017-Ohio-9064. “03(A)(1) and (C)(6)(b), a fourth-degree felony, and aggravated trafficking in counterfeit controlled substances, R.C. 2925.37(D) and (I), a fourth-degree felony.”
State v. Sway, 472 N.E.2d 1065 (Ohio 1984). “The General Assembly codified our ruling in R.C. 2925.37. Also, in State v. Patterson (1982), 69 Ohio St.”
Show all 40 citing cases →
Ohio Rev. Code § 2925.37(A): 4 cases
State v. Taylor, 2023-Ohio-4160, 228 N.E.3d 1262. “37(B) & (H) F5 Controlled Substances 13 Possession of Counterfeit R.C. 2925.37(A) & (G) M1 Controlled Substances 14 Having Weapons Under Disability R.”
State v. Wade, 2017-Ohio-1319.
State v. Nohra, 2022-Ohio-3115.
State v. Childs, 88 Ohio St. 3d 194 (2000).
Ohio Rev. Code § 2925.37(B): 26 cases
State v. Chandler, 846 N.E.2d 1234 (Ohio 2006). “03(A)(1), and knowingly selling or offering to sell a counterfeit controlled substance, R.C. 2925.37(B), are not allied offenses of similar import.”
State v. Hitsman, 2018-Ohio-5315. “Hitsman also moved to dismiss the indictment, arguing that because testing had demonstrated that the LSD he possessed was counterfeit, the State was required to charge him with trafficking in a counterfeit controlled substance in violation of R.C. 2925.37(B) instead of…”
State v. Hurley, 2014-Ohio-2716. “03(A)(1), (C)(6)(a), felonies of the fifth degree; and two counts of trafficking in counterfeit controlled substances in violation of R.C. 2925.37(B), felonies of the fifth degree.”
State v. Chandler, 813 N.E.2d 65 (Ohio Ct. App. 5th Dist. 2004). “The Ohio Supreme Court held that they were not allied offenses of similar import and thereby upheld Mughni’s conviction on both counts.”
State v. Taylor, 2023-Ohio-4160, 228 N.E.3d 1262. “37(B) & (H) F5 Controlled Substances 13 Possession of Counterfeit R.C. 2925.37(A) & (G) M1 Controlled Substances 14 Having Weapons Under Disability R.”
Ohio Rev. Code § 2925.37(B)(H): 1 case
State v. McKenzie, 2012-Ohio-6117.
Ohio Rev. Code § 2925.37(D): 1 case
State v. Veley, 2017-Ohio-9064. “03(A)(1) and (C)(6)(b), a fourth-degree felony, and aggravated trafficking in counterfeit controlled substances, R.C. 2925.37(D) and (I), a fourth-degree felony.”
Ohio Rev. Code § 2925.37(H): 2 cases
State v. Chandler, 846 N.E.2d 1234 (Ohio 2006). “03(A)(1), and knowingly selling or offering to sell a counterfeit controlled substance, R.C. 2925.37(B), are not allied offenses of similar import.”
State v. Chandler, 813 N.E.2d 65 (Ohio Ct. App. 5th Dist. 2004). “The Ohio Supreme Court held that they were not allied offenses of similar import and thereby upheld Mughni’s conviction on both counts.”
Ohio Rev. Code § 2925.37(L): 1 case
State v. Chandler, 846 N.E.2d 1234 (Ohio 2006). “03(A)(1), and knowingly selling or offering to sell a counterfeit controlled substance, R.C. 2925.37(B), are not allied offenses of similar import.”
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