Parental Substance Use as Child Abuse - Ohio

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Citation: Rev. Code § 2919.22(B)(6), (E)(3) 

No person shall allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of the unit, of any act in violation of § 2925.04 (prohibiting the cultivation of marijuana or the manufacture of a controlled substance) or § 2925.041 (prohibiting the possession of any of the chemicals used in the manufacture of a controlled substance) when the person knows that the act is occurring, whether or not any person is prosecuted or convicted of the violation that is the basis of the violation of this section. 

If the drug involved in an offense described above is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:

  • If the violation is third-degree felony, there shall be a mandatory prison term that is no less than 2 years. 
  • If the offender previously has been convicted of or pleaded guilty to a third-degree felony, there shall be a mandatory prison term that is no less than 5 years.
  • If the violation is a second-degree felony, there shall be a mandatory prison term that is no less than 3 years. 
  • If the offender previously has been convicted of or pleaded guilty to a second-degree felony, there shall be a mandatory prison term that is no less than 5 years.