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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~