State v. Patterson

In State v. Scott (1982), 69 Ohio St. 2d 439, we observed that the nature of the substance delivered does not necessarily determine whether a defendant has “offered] to sell a controlled substance.” “A person can ‘offer to sell a controlled substance’ in violation of R. C. 2925.03(A)(1) without transferring a controlled substance to the buyer.” Scott, supra. That same reasoning applies to cases arising under R. C. 2925.03(A)(1), (5) or (7), because the controlling language in all three subsections is the same: offer to sell a controlled substance.

The trial court, in cases Nos. 81-556 and 557,…