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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 � (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. � � �% � ,5�� Page 2 ' (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. . ��� 7�- �3'a � Page 3 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. LJ r ' � ' � . �..�_ ._ #�rab' Page 4 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 � ;{r; ::� 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. 1�� .. . � I � � �t ���� Page 5 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 . 1 �