From: The Ironton City Board of Education and
Administration
Subject: Information
on New Drug Law (Am. H.B. 535) ;
Look-Alike Drugs; and Related
Drug Matters
Pursuant to Ironton City Schools Board Policy 5115.1
Please Note:
Am. H.B. 535 was passed by the Ohio General Assembly, signed by the Governor of Ohio and became law in 1982. This new Ohio law prohibited making, selling and possessing counterfeit drugs and related tools. Section 3 of the Act requires each board of education to develop and implement a program which explains the provisions of the law to the students of its district. The Ironton City Board of Education, therefore, hereby issues the following materials, not only to be in compliance with the law, but also to protect the good health and welfare of the Ironton students in its charge.
(P) “Counterfeit controlled substance” means any of the following:
1. Any drug that bears, whose container or label bears trademark, trade name or other identifying
mark used without authorization of the owner of rights to such trademark, trade name, or identifying mark;
2. Any unmarked or unlabeled substance that is represented to be a controlled substance
manufactured, processed, packed or distributed it;
3. Any substance that is represented to be a controlled substance but it not a controlled substance or
it is a different controlled substance;
4. Any substance other than a controlled substance that a reasonable person would believe to be a
controlled substance because of its marking, labeling, packaging, distribution or its price for which it is sold and offered for sale.
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 he/she 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 or give or deliver any counterfeit substance to a person under the age of eighteen.
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 the use of a controlled substance.
F. No person shall directly or indirectly falsely represent a counterfeit substance as a controlled substance. As used in this Section, “advertise”, means engaging in “advertising” as that term is defined in Division (A) (12) of 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. If the offender has previously been convicted of an offense under this Chapter, possession of counterfeit controlled substance is a felony of the fourth degree.
H. Whoever violates Division (B) or (C) of this Section is guilty of trafficking in counterfeit controlled substances, a felony of the fourth degree. If the offender has previously been convicted of an offense under this Chapter, trafficking in counterfeit controlled substances is a felony of the third degree.
I. Whoever violates Division (D) of this Section is guilty of aggravated trafficking in counterfeit controlled substances, a felony of the third degree. If the offender has been previously convicted of an offense in this Chapter, trafficking in counterfeit controlled substance is a felony of the second degree.
J. Whoever violates Division (E) of this Section is guilty of promoting and encouraging drug abuse, a felony of the third degree. If the offender has previously been convicted of an offense under this Chapter, promoting and encouraging drug abuse is a felony of the second degree.
K. Whoever violates Section (F) of this Section is guilty of fraudulent drug advertising, a felony of the fourth degree. If the offender has been previously convicted of this offense under this Chapter, fraudulent drug advertising is a felony of the third degree.
This Section shall not apply to a practitioner, owner of a pharmacy, or other person whose conduct is in accordance with Chapters 3715., 3719., 4715., 4729., 4735., and 4741. of the Revised Code.
The National Institute on Drug Abuse has developed the following information that the Ohio Department of Mental Health is using as a fact sheet on “look-alike” drugs.
Two categories of drug products contribute to the look alike drug problem: true look-alikes and over-the counter (OTC) stimulants and depressants.
True look-alike drugs are products that mimic prescription stimulants and depressants ( in size,color, shape or markings) such as amphetamines, methaqualone (Quaaludes), or cocaine. Those look-alikes promoted as “uppers” for their amphetamine-like properties generally contain one or more of the following nonprescription stimulants: caffeine, phenylpropanalomine (PPA), or ephedrine. Look-alike products marketed as tranquilizers or “downers” usually contain only antihistamines.
The look-alike drug problem also involves OTC stimulants and depressants which do not require prescriptions because they are registered under the Controlled Substance Act. Most of these psychoactive substances are marketed as diet aids, “pep” pills, or sleep aids. They are not manufactured to deceive the public and do not look like controlled substances. However, these products contain the same ingredients (PPA, caffeine) in various combinations as do the true look-alikes.
Manufacturers of look-alike drugs promote the products through college newspapers, handbills at truckstops, unsolicited literature from mail-order firms, or through storefront operations often located near high schools and college campuses. Distributors promote the drugs as “100 percent legal” or “legal stimulants” and have offered free samples through the mail. In some cases, the products are advertised by the street names for amphetamines and barbiturates (e.g. Black Beauties, Yellow Jackets, Speed and White Crosses), and because of their physical appearance, the buyer may be led to believe that he or she is purchasing a controlled substance.
A principal concern regarding the health effects of look-alikes and other OTC stimulants and depressants is the developmental danger they pose for young people. For maturing adolescents, easy availability of legal highs increases the likelihood of developing a pattern of use of drugs as a shortcut to pleasure and as a substitute for satisfaction derived from realistic achievement.
In terms of physical effects, several well-documented reports show severe hypertension and cerebral hemmorrages resulting in death associated with the abuse of the ingredients in look-alike drugs. Central nervous system and circulatory system reactions to caffeine include insomnia, restlessness, and excitement, as well as hypertension and tachycardia. The adminstration of ephedrine may cause reactions similar to those experienced from amphetamine use, including anxiety, restlessness, weakness, throbbing headache, respiratory difficulty and palpitations. Potentially life-threatening affects are hypertension and cardiac arrhythmias. The toxic effects of PPA are similar to those of ephedrine.
Individuals who have been purchasing look-alikes on the “street” may unknowingly obtain real amphetamines and take quantities sufficient to result in overdose. Conversely, individuals who have been abusing amphetamines may underestimate the potency of look-alike drugs, and take an excessive quantity, seeking the expected “kick”, with a resultant toxic reaction.
The Food and Drug Administration has confirmed 12 deaths due to look-alike drugs, primarily associated with caffeine overdose. Ten of those 12 deaths occurred in females, nine of those less than 30 years old. Thse look-alike drug overdose cases can easy be misidentified by emergency room personnel. A review of the 12 look-alike drug deaths indicates that in seven of the cases the drug involved was orginally thought to be a stimulant other than a look-alike.
As can be seen from the materials printed above, serious problems can result in making, selling, possessing and/or giving counterfeit drugs and from look-alikes, The Board and the Adminstration want our students to be informed and aware of both the personal and legal consequences of same; thus, the purpose of this publication.
Adopted: 5-9-83