HomeMy WebLinkAboutOrdinance 755CITY OF COLUMBIA HEIGHTS
ADMINISTRATIVE OFFICES
590-40th AVENUE N.E. 788-9221 · COLUMBIA HEIGHTS, MINNESOTA 55421
ORDINANCE NO. 755
BEING: AN ORDINANCE RELATING TO THE SALE AND POSSESSION
OF BARBITURATES AND OTHER PROHIBITED [RUGS.
THE CITY OF COLUHBIA HEIGHTS WES ORDAIN:
Section 1.
The sale and possession of barbiturates and other
prohibited drugs shall be regulated as follows:
Subdivision I. Definitions.
a. Prohibited Drug. As used herein the term
"prohibited drug" means:
(1) Barbital and any derivative thereof;
including but not limited to the following:
diethybarbituric acid, anynalkyl, aryl, metallic
or halogenated derivative of barbituric acid;
veronal (barbitone); proponat, ipral, dial;
neonal (soneryl); sandoptal; amytal, phenobarbital
(luminal); phand~rn; noctal; allonal (which
contains allylisopropylbarbituric acid in
combination with amidopyrine) medial; any
preparation, mixture or other substance
containing any of the foregoing substances.
(2) Amphetamine and any derivatives thereof
including but not limited to such substances
as follows: desoxyephedrine (methamphetamine)
mephentermine, pipradol, phenmetrazine,
methylphenidate or any salt mixture or optical
isomer thereof which salt mixture or optical
isomer has a stimulating effect on the central
nervous system.
b. Deliver. The term "deliver" means sale, offer
for sale, barter, exchange, administering, dispensing~
giving away, distributing, or supplying in any other
manner. The term deliver as herein defined shall
include the attempt to do such acts as well as the
actual completed commission thereof.
c. Patient. The term ~Patient" means, as the case
may be (1) the individual for whom a prohibited drug
is prescribed or to whom a prohibited drug is
administered, or (2) the owner or the agent of the
owner of any animal for which a prohibited drug
is prescribed or to which a prohibited drug is
administered.
d. Person. The term "person" includes individual,
corporation, partnership and association.
e. Practitioner. The term "practitioner" means a
person licensed by law to prescribe and administer
any of the prohibited drugs as defined above.
f. Pharmacist. The term "pharmacist" means a person
duly licensed and registered with the Minnesota State
Board of Pharmacy as a registered pharmacist.
g. Prescription. The term "prescription" means a
written or oral order by a practitioner to a pharmacist
for a prohibitive drug or stimulant ~r a particular
patient, which specifies the date of its issue, the
name and address of such practitioner, the name and
address of the patient (and, if such barbiturate or
stimulant is prescribed for an animal, the species of
such animal), the name and quantity of the prohibited
drug prescribed, the directions for use of such
drug, and in the case of a written order the signature
of such practitioner. An oral order by a practitioner
for a prohibitive drug must be promptly reduced to
writing by the pharmacist.
h. Manufacturer. The term "manufacturer" means
persons other than pharmacists who prepare drugs
in dosage forms by mixing, compounding, encapsulating,
entableting, or other process.
i. Wholesaler. The term "wholesaler'~ means persons
engaged in the business of distributing prohibited
drugs to persons included in any of the classes named
in Subdivision 3.
j. Warehouseman. The term "warehouseman" means
persons who store prohibited drugs, for others and
who have no control over the disposition of such
prohibited drugs or stimulants except for the
purpose of such storage.
Subdivision 2. It is unlawful for any person to
have in possession, purchase, or to deliver as
herein defined any prohibited drug as defined in
Subdivision I hereof, except on a lawful prescription
by a practitioner.
Subdivision 3. Subdivision 2 of this ordinance
shall not apply to the following in the ordinary
course of their trade, their business, or profession
provided~ however, this exception shall not be a
defense to the doing of the acts prohibited in said
Subdivision 2 or Subdivision 4 hereof;
(a) Practitioners.
(b) Pharmacists.
(c) Manufacturers.
(d) Pharmacists as manufacturers.
(e) Wholesalers.
(f) Warehousemen.
(g) Persons engaged in transporting such
prohibited drugs as agent or employee of
~practitioner, pharmacist, manufacturer,
warehouseman, wholesaler, common carrier.
(h) Public officers or public employees in the
performance of official duties requiring
possession or control of such prohibited
drugs, or persons aiding such officers or
employees in the performance of such duties.
(i) Any patient as herein defined with respect
to procuring, possession and use of a
prohibited drug in accordance with the
terms of a prescription and prescribed
treatment.
(j) Persons who procure, possess, or use such
drugs for the purpose of lawful research,
teaching or testing, and not for sale.
(k) Lawfully licensed and registered hospitals
or bona fide institutions wherein sick
or injured persons are cared for and treated,
or by bona fide hospitals for the treatment
of animals.
Subdivision 4. No person shall, nor atempt to possess
or have in his control or possession to purchase, or
deliver a prohibited drug.
(a) by fraud, deceit, misrepresentation or
subterfuge, or
(b) by the forgery or alteration of a prescription, or
lc) by the concealment of a material fact, or
(d) by the use of a false name or by giving of
a false address, or
[e) by making a false statement in any
prescription, order, report, or record
r~lat~ve to a prohibited drug, or
if) by falsely assuming the tine of or falsely
representing any person to be a manufacturer,
wholesaler, warehouseman, pharmacist, practitioner,
or other person described in Subdivision 3
hereof.
(g) by making, issuing or uttering any false
or forged prescription.
5_bd~vision 5. Any prohibited drugs found in the
possession of any person convicted of a violation of
th~s ordinance shall be confiscated and shall be
forfeited to the Chief of Police who shall make
proper and timely disposition thereof by destroying
them.
Subdivision 6. All patients having possession of
any prohibited drugs, by lawful prescription of
practitioner while such prohibited drugs are
lawfully in such per~n~s possession, shal~keep such
prohibited drugs in the original container ~n which
they were delivered until used in accordance with
such prescription, and shall not remove the pharmacist%
original label identifying the prescription from such
original container.
Section
Any person violatin g the provisions of this ordinance
shall be guilty of a mi~eameanor and upon conviction
shall be punished by a fine of not more than three
hundred dollars [$300.00) or by imprisonment for not
to exceed ninety (90) days, or both.
Section 3.
This ordinance shall be in full force and effect
thirty (30) days from date of publication.
First reading:
Second reading:
Offered by: Jeska
Seconded by: Heintz
Roll Call: All Ayes
April 12, 1971
April 26, 1971
g~-ce G'. N~wrocki, Mayor
g~re~a ry ~o -t~h~