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Home My WebLink About939 - ADMIN Ordinance - City Council - 1965/06/28REPLACEMENT • • • JUNE 21, 1965 TG ORDINANCE NO. ?39 AN ORDINANCE REGULATING THE POSSESSION AND PURCHASE OR DELIVERY OF BARBITURATES AND OTHER PROHIBITED DRUGS THE CITY COUNCIL OF ST. LOUIS PARK DOES ORDAIN: Section 1. The sale and possession of barbiturates and other pro- hibited drugs shall be regulated as follows: Section 4:435. Definitions. Subdivision 1. Prohibited Drug. As used herein the term "prohibited drug" means: (a) Barbital and any derivative thereof; including but not limited to the following: diethylbarbituric acid; any alkyl, aryl, metallic or halogenated derivative of barbituric acid; veronal (barbitone); proponal, ipral; dial; neonal (soneryl); sandoptal; amytal; phenobarbital (luminal); phandorn; noctal; allonal (which contains allylisopropyl- barbituric acid in combination with amidopyrine) medianl; any preparation, mixture or other substance containing any of the foregoing substances. (b) Amphetamine and any derivatives thereof including but not limited to such substances as follows: desoxyephedrine (methamphetamine) mephentermi 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. Subdivision 2. 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. • Subdivision 3. Patient. The term "patient" means, as the case may be (a) the individual for whom a prohibited drug is pre- scribed or to whom a prohibited drug is administered, or (b) 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. i Original Subdivision 4. Person. The term "person" includes in- dividual, corporation, partnership, and association. Subdivision 5. Practitioner. The term "practitioner" means a person licensed by law to prescribe and administer any of the prohibited drugs as defined above. Subdivision 6. Pharmacist, The term "pharmacist" means a person duly licensed and registered with the Minnesota State Board of Pharmacy as a registered pharmacist. Subdivision 7. Prescription. The term "prescription" means a written or oral order by a practitioner to a pharmacist for a prohibitive drug or stimulant for 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. Subdivision 3. Manufacturer. The term "manufacturer" means persons other than pharmacists who prepare drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process. Subdivision 9. Wholesaler. The term "wholesaler" means persons engaged in the business of distributing prohibited drugs to persons included in any of the classes named in Section 4:437. Subdivision 10. Warehouseman. The term "warehouseman" means persons who store prohibited drugs, for others and who have no control over the disposition of such prohibiter drugs or stimulants except for the purpose of such storage. Section 4:436. Unlawful Possession, Delivery or Purchase. It is unlawful for any person to have in possession, purchase, or to deliver as herein defined any prohibited drug as defined in Section 4:435 hereof, except on a lawful prescription by a practitioner. Section 4:437. Excepted Lawful Businesses and Professions. Section 4:436 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 Section 4:436 or 4:438 hereof: -2- , 0 Original Subdivision 1. Practitioners. Subdivision 2. Pharmacists. Subdivision 3. Manufacturers. L Subdivision 4. Pharmacists as manufacturers. Subdivision 5. Wholesalers. Subdivision 6. Warehousemen. Subdivision 7. Persons engaged in transporting such prohibited drugs aa agent or employee of a practitioner, pharmacist, manu- facturer, warehouseman, wholesaler, common carrier. Subdivision 8. Public officers or public employees in the per- formance of official duties requiring possession or control of such prohibited drugs, or persons aiding such officers or em- ployees in the performance of such duties. • Subdivision 9. 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. Subdivision 10. Person who procure, possess or use such drugs for the purpose of lawful research, teaching or testing, and not for sale. Subdivision 11. Lawfully licensed and registered hospitals or bonafide institutions wherein sick or injured persons are cared` for and treated, or by bonafide hospitals for the treatment of animals. Section 4:438. Unlawful Procuring, Purchase, Delivery or Possession. No person shall, nor attempt to possess or have in his control or possession to purchase, or deliver a prohibited drug. t Subdivision 1. by fraud, deceit, misrepresentation or subter- fuge, or Subdivision 2. by the forgery or alteration of a prescription, or Subdivision 3. by the concealment of a material fact. or Subdivision 4. by the use of a false name or the giving of a false address, or -3- • 4 ikp Subdivision 5. by making a false statement in any prescription, order, report, or record relative to a prohibited drug, or Subdivision 6. by falsely assuming the title of, or falsely re- presenting any person to be, a manufacturer, wholesaler, warehouseman, pharmacist, practitioner or other person described in Section 4:437 hereof. Subdivision 7. by making, issuing or uttering any false or forged prescription. Section 4:439. Confiscation and Disposition of Prohibited Drugs. Any prohibited drugs found in the possession of any person convicted of a violation of this ordinance shall be confiscated and shall be forfeited to the Chief of Police who shall make proper and timely disposition thereof by destroying them. Secticn 4:440. Use of Original Containers and Labels Required. All patients having possession of any prohibited drugs, by lawful pres- cription of practitioner while such prohibited drugs are lawfully in such person's possession, shall keep such prohibited drugs in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. Section 2. Arty person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars or by imprisonment for not to exceed 90 days. Section 3. This ordinance shall take effect fifteen days after its publication. Attest: r41 -4 -MC City Cle Adopted by the City Council June 2.8, 1965. Reviewed for administration: L f� Y. taifzeZyL City Manager -4- Ma or Approved as to form and legality: City Attorney 7 4 _ - - - --_ - -- - - - - - -- - . La -r- e . _.+=ft'YL' u._.. ,.v1i..r. i ul:r.yaiX. . • ntitledi ORDINANCE NO, 939 .AN ORDraucE REGU'LATmG THE POSSESSION AND PURCHASE OR DELIVERY OF BARBITURATES AND OTHER PROHIBITED DRUGS. ntroduced by Date irst Reading -Date 6-7-65 WaiveA second Reading -Date 6-28-6 Waived 'ote: Aye 5 Nay 'ublished Data. ffective Date 7-16-65 .ode Reference '1