Ordinance No. 0528 01-08-1973��a
ORDINANCE NO. 528
AN ORDINANCE PROHTBITING THE POSSESSION OR SALE
OF CERSAZN BARBITT7RATES �
AND PROVIDING PENALTIES THEREFORE
THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS:
SECTION Z. The sale and possession af barbiturates and other
prohibited drugs sha12 be regulated as follows:
Subdivision 2.
(a) Prohibited Drug. As used herein, the term
"pzohibited drug" means:
Definitions
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(1) Barbital and any derivative thereof;
incZuding.but not limited to the foZZowing;
diethybarbituric acid; anynalkyl, aryl,
metaZ2ic or halogenated derivative of
barbituric acid; veronaZ (barbitone); �
proponal, ipral; dial; neonaZ (sonerg2);
sandoptal; amytaZ; phenobarbital (ZuminaS); "
phandorn; noctal, allonal fwhich contains
a21g1isopropylbarbituric acid in combination
wi•th amidopyrine) medianl; any preparation,
mixture or other substance containing any
of the foreqoing substances.
(2) Amphetamine and any derivatives thereof
including but not limited to such substances
as folZows: desoxyephedrine (methamphetamineJ
mephentermine, pipradol, phenmetrazine, methyl-
phenidate or any sa2t mixture or optical isomer
thereof which salt mixture ^° ^n �^�� isomer has
a stimulating effP^' �> ^,..�ra1 nervoas system.
•.'1 Deliver. The'cezxa� r" means saZe, offer for
s��r,, ;.,:r..er, �x�hange, administering, dzspensing,
giving away, .i:�tributing, or supplying in any other
manner. The term deliver as herein defined sha1l
include the attempt to do such acts as we1Z as the
actual completed commission thereof.
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' (c) Patient. The term "Patient" means, as the case
may be (2) the individual for whom a pmhibited drvg
is prescribed or to whom a prohibited drug is admin-
istered, or (2) the ownes 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 Iaw to prescribe and administer
any of the prohibited drugs as defined above.
(f) Pharmacist. The term "pharmacist" �eans a
person duly Iicensed and registered with the Minnes-
ota State Board of Pharmacg as a registered pharma-
cist.
(g) Prescription. The term "prescription° me�ns a
written or oral order by a practitioner to a ph�-
cist for a prohibitive drug or stimu2ant fo� a
particular patient, which specifies the dat�:ra�`
its issue, the name and address of such prac�at.�.s�rzer�
the name and address of the patient (and, if sud�
barbiturate or stimulant is prescribed for an
animal, the species of such animal), the name ar�:r3�'
guantiCy of t1�e prohibited drug prescribed, the
directions for use of such drug, and in the cas�
of a written order, the signatvre of such practa—
tioner. An oraZ order by a practitioner for a
pmhibitive drvg must be promptly reduced to
writing bg the pharmacist.
(h) Manufacturer. The term "manufacturer" meacas
persons other than pharmacists who prepare drugs
in dosage fozrms by mixing, compoandi.ng, encaps�Bata'ng�
entableting, or other process.
(i) Wholesaler. The term "whoZesaler" means
persons engaged in the bvsiness of distributing,
prohibited drugs to persons included in any
the classes named in Subdivision 3/
(j) Warehouseman_ The�aim "warehoaseman' rne�sas
---� persons who r� o�Zbited drugs, for ofi3�ers an�
��H no control over the disposition of such
, prohibited drugs or stimuZants except for the
purpose of such storage.
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Subdivision 2. It is unlawful for any person to Uniawful
have in possession, purchase, or to deliver as PossESSfon,
herein defined, any prohibited drug as defined Delivery or
in Subdivision 1 hezeof, except on a lawful Pyrchase
prescription by a practitioner.
Subdivision 3. Subdivision 2 of this ordinance Excepted
sha11 not apply to the following in the ordinary Lawful
course of their trade, their business, or profession Businesses
provided, however, this exception sha11 not be a and
defense to the doing of the acts prohlbited in Professions
said Subdivision 2 or Subdivision 4 hereof:
(aJ PraCtitioners.
(b) Pharmacists.
(c) Manufactvrers.
(d) Pharmacists as manufacturers.
(e) Wholesalers.
(f) Warehousemen.
(g) Persons engaged in transporting such pro-
hibited drugs as agent or employee of a gracti-
tioner� pharmacist, manufacturer, warehouseman,
wholesaler, conIIaon carrier.
(h) Public officers or pul�Iic employees in
the performance of official duties requiring
possession or control of such prohibited drugs,
or persons aiding such officers or emplogees
in the performance of such duties.
(i) Any patient as herein defined with respect
to procuring, possession and use of a prohibited
drvg in accordance with the terms of a prescription
ared prescribed treatirtent.
(,, "arsr.s- who procvre, possess or use such drugs
for �he �;:=rc..� of 2awfu.I research, teaching or
testi.ng, and �,�t _ :. ca2e.
(k) Lawfu.i2y Iicensed anu' rey�sze�_.i ?•rsDita2s
or bona fide institutions wherein s�c': or injurea
persons are cared for and treated, or by bona fide
hospitals for i-he treatment of animals.
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Subdivision 4. No person sha1S, nor attempt, to
possess or have in his control or possession to
purchase, or deliver a prohibited drug.
(a) by fraud, deceit, misrepresentation or
svbterfuge� or
(b) by the forgerg or alteration of a prescrip-
tion, or
(c) by the concealment of a material fact, or
(d) by the use of a false name or the giving
of a false address, or
(e) bg making a false statement in any prescrip-
tion, order, report, or zecord reZative to a
prohibited drug� or
(f) by falseSy assumi.ng the t�tle of, or falselg
representing any person to be a mariufacturer,
wholesa2er, warehovseman, pharmacist, practittaner
or other person described in Subdivision 3 herec�f,
or
(g) by nraking, issuing or rr€tezing any f'ai�e ar
forged prescription.
Unlawful
Procuring,
Purchase,
Delivery or
Possession
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Subdivision 5. Ang prohibited' ara�g� €orurd.. ita t."ie Eonfiscation
posses5ion of ang person convicted o€ a vao2a81on: aa�d
of this ordinance shaZ1 be confisca!ted acxl =.�aF3 Dasposition
be forfeited to the Chief of Police wt}o s;�a12 maRe
proper and timely disposition thereof ba� d�stsae}�ng
them.
Subdivision 6. A1l patients having possess.ron of' t7se of
arey prohibited drugs, by Iawful preseripti�� o€ Oaiginal
practitioner while such prohibited drergs are Ca�ztainers
IawfuZly in such persons possession, shall kee� anrd Labels
such prohibited drvgs in the origi.naZ canEQf,rre� R��d
in which they weze delivered unt1� eraed irr /
acrnrdance with such prescriptian,. and shal:� �
remove t�e pharmacist's original �.aFieZ i.d' .fying
�cri tion from sach orS.g.fsaa tair�t.
SECTION 2. Any person vioZating the psesvi.sions of Y1xis ordin- Penalty
ance shall be guilty of a uAisdemeanor and upon
conviction shaZl be punished by a fine of�not
more than $300.00 or by imprisonment for not to
exceed 90 days or both.
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SECTION 3. This ordinance sha2l be in fvll force and effect Effective �
thirty (30) days from date of publication. Date
PASSED BY THE CITY COUNCIL OF THE�CITY OF FRIDLEY, THIS 8TH DAY
OF JANUARY , 1973 , �1
ATTEST:
! ' L��}�, � .,: -1w�A04 `
(_SG,/Lw ww� � /�'_
CLERK
First Reading: December 18, 1972
Second Reading: January 8, 1973
Publish: January 17, 1975
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