HomeMy WebLinkAboutOrdinance - 281 - Controlling Drugs - 02/11/1975 kes/es
2-18-75
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 281
AN ORDINANCE CONTROLLING DRUGS , BARBITURATES,
CODEINE AND INHALATIONS OF DANGEROUS SUBSTANCES
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The C it y Council of the City of Eden Prairie does ordain: t
SECTION I . Control of Drugs. f
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Subd. 1 . Possession, Etc. cf Drugs Restricted.
o person shall possess, sell, distribute, administer, dispense or
prescribe any cocaine or opium or any of their derivatives, or any cannibas indica
or cannibas sativa or marijuana, or any of their derivatives (hereinafter called
"drugs") except as provided in Subdivision 2 of this Section.
Subd. 2. Doctors, Etc. to Comply with Federal Law.
Any manufacturer, wholesaler, apothecary, physician, dentist,
veterinarian, public or private hospital, sanitarium or institution maintained or
conducted in whole or in part for the treatment of disability or disease or inebriety o
or drug addiction, may purchase, receive, possess, sell, distribute, prescribe,
administer or dispense such drugs provided he shall have complied with all the
provisions and requirements of the Act of Congress of December 17, 19.14, known
as the Harrison Narcotic Law, as the same exists and may be amended.
Subd. 3. Possession of Injection Implements. a
o person except dealers in surgical instruments, apothecaries,
physicians, dentists, veterinarians, nurses, attendants Lind interns of hospitals,
sanitariums, persons in possession solely by virtue of their employment involving
industrial uses or any other institution in which persons are treated for disability or
disease, shall at any time have or possess any hypodermic syringe or needle or any
instrument or implement adapted for subcutaneous injections, unless such possession
be authorized by the certificate of a physician issued within a period of one year prier
to any time of such possession; provided, that such certificate shall not be required
of any person under a physician's care for a diabetic condition.
Subd. 4. Possession of Opium-Smoking and Marijuana-Smoking Paraphernalia
ro iibited. No person shall use, possess or have under his control for
use any stem, bowl,— lamp, yen hock or other paraphernalia, accessory or device
used for the smoking or inhalation of opium or marijuana.
Subd. 5. Distributors, Etc . Excepted.
e provisions of dub ivisions 1, 3 and 4 shall not apply to common
carriers or warehousemen or their employees engaged in the lawful distribution or
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ORDINANCE NO. 281
storage of the drugs and materials mentioned in said sections, or to public officers
or employees while engaged in the performance of their official duties, or to the
temporary incidental possession thereof by employees or agents of persons lawfully
entitled to such possession.
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Subd. 6. Menace to Public Welfare.
Any possession, sale, distribution, prescription, administration,
dispensation or use of such drugs, injection implements, opium-smoking paraphernalia,
or marijuana smoking paraphernalia contrary to the provisions of this Ordinance is r
hereby declared to be dangerous to the public health and a menace to the public
welfare.
Subd. 7 . Fraudulent Receipt of Drru
No person shallfraudulent- Iy obtain any such drugs by any deceit,
misrepresentation, subterfuge or concealment of material fact or the use of a false
name or address in order to obtain treatment in the course of which such drugs may
be prescribed.
SECTION 2. Control of Barbiturates and Other Harmful Drugs.
Subd. 1 . Definitions.
(a)As used in this section, the term "drug" means:
(1) Barbital and any derivatives thereof; diethylbarbituric acid; any ;
alkyl, aryl, metallic or halogenaged derivative of barbituric acid;
veronal (barbitor_e); proponal, ipral, dial; neonal (soneryl); sandoptal; amytal,
phenobarbital (luminal); phandorn; noctal, allonal (which contains allylisopropyl-
barbituric acid in combination with amidopyrine); medicinal; any preparation, mixture
or other substance containing any of the foregoing substances.
(2) Any drug consisting of amphetamine, desoyephedrine,
(methamphetamine), mephentermine, pipradol, phenmetrazine,
methylphenidate or any salt, mixture or optical isomer thereof which drug, salt,
mixture or optical isomer has a stimulating effect on the central nervous system,
except preparations for use in the nose and unfit for internal use.
(3) Chloral Hydrate (Chloral); Chlordiazepoxide and its Salts
(Librium); Diazapam (Valium); Ethchlorvynol (Placidyl); Ethinamate
(Val,nid); Glutethimide (Doriden); Meprobamate (Mi.ltown, Equanil, Meprospan,
Meprotabs); Methyprylon (Noludar); Paraldehyde.
(b) The term "delivery" means sale, dispensing, giving away, or
supplying in any other manner.
(c)The term "patient" means, as the case may be, (1) the individual
for whom a barbiturate or stimulant is prescribed or to whom a
barbiturate or stimulant is administered, or (2) the owner or the agent of the
owner of the animal for which a barbiturate or stimulant is prescribed or to which
a barbiturate or stimulant is administered.
(d) The term "person" includes individual, corporation, partnership,
and association.
(e) The term "practitioner" means a person licensed by law to prescribe
and administer barbiturates or stimulants.
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ORDINANCE NO. 281
(f) The term "pharmacist" means a person duly registered with
the State Board of Pharmacy as a compounder, dispenser, and
supplier of drugs upon prescription.
(g) The term "prescription" means a written or oral order by
a practitioner to a pharmacist for a barbiturate or stimulant
fora 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 specie s
of s uc h a ni m al), t he name and quan tity of the b arbiturate o r s timulant
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 barbiturate or stimulant must be promptly reduced to writing by the pharmacist.
(h ) The term "manuf act urer" means persons other than pharmacist s
who manufacture barbiturates or stimulants and includes persons who
prepare such drugs in dosage forms by mixing, compounding, encapsulating,
entableting or other process.
(i) The term "wholesaler" means persons engaged in the business of
distributing barbiturates or stimulants to persons included in any of
the classes named in (c) hereof. '
(j) The term "warehousemen" means persons who store barbiturates or
stimulants for others and who have no control over the disposition of
such barbiturates or stimulants except for the purpose of such storage.
(k) The term "Opium-smoking paraphernalia" means any stem, bowl,
lamp, yen hock, or other paraphernalia, accessory, or device used
for, or intended to be used for, the smoking or inhalation of Opium, or which
contains Opium or the burnt residue of Opium. The term "Opium" shall include
Opium or any of its derivatives.
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(1) The term "marijuana-smoking paraphernalia" means any stern,
bowl, lamp,yen hock , or other paraphernalia, accessory or device
used for, or intended to be used for the smoking or inhalation of marijuana, or
which contains marijuana or the burnt residue of marijuana. The term "marijuana"
shall include marijuana, cannibal indica, or cannibas sa.tiva, or any of their
derivatives.
Subd. 2. Possession Unlawful.
t is unlawful for any person to have in possession or to sell, give away,
barter, exchange, or distribute any of the drugs specified in (a) of Subdivision 1
hereof, except on a written or oral prescription by a practitioner.
Subd. 3. Exemptions.
Subdivision 2 of this Section shall not apply to the following persons,
provided they have complied with all of the provisions and requirements of the Act
of Congress of December 17, 1914 known as the Harrison Narcotic Law as the same
exists and may be amended:
(a) Practitioners.
(b) Pharmacists.
(c) Manufacturers.
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ORDINANCE NO. 281
(d) Pharmacists as manufacturers.
(e) Common carriers or warehousemen engaged in lawfully transporting
or storing such harmful drugs.
(f) Public officers or employees in the performance of official duties
requiring possession or control of such drugs, or persons aiding
such officers or employees in the performance of such duties.
(g) Any patient in accordance with respect to procuring possession or
use of a drug in accordance with the terms of a prescription and
prescribed treatment.
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(h) Persons who procure such drugs for the purpose of lawful research,
teaching or testing, and not for sale.
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(i) Lawfully licensed and registered hospitals or bona fide institutions
wherein sick or injured persons are cared for and treated, or by a
bona fide hospital for the treatment of animals.
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Subd. 4. Possession of Drugs is Violation.
Any such drugs in the possession of any person convicted of a violation of
this ordinance shall be confiscated and forfeited to the Director of Public Safety who
shall make proper disposition thereof.
Subd. 5. Unlawful Acts. i
t is unlawfu for any person to procure, possess or have in his control or
possession, or attempt the sale of a prohibited drug:
(a) by fraud, deceit, misrepresentation or subterfuge, or
(b) by the forgery or alteration of a prescription, 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) by making a false statement in any prescription, order report,
or record referred to in this chapter, or
(f) by falsely assuming the title of, or falsely representing any person
to be, a manufacturer, wholesaler, pharmacist, or practitioner for
the purpose of obtaining a prohibited drug, or
(g) by making, issuing or uttering any false or forged prescription.
Subd. 6. Drugs Must be Kept in Original Container.
No person shall have in his possession any of the drugs mentioned in
Subdivision 1 hereof except by lawful prescription of a practitioner, and while in
such person's possession, same shall be kept in the original container in which
purchased.
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ORDINANCE NO. 281
SECTION 3. Control of Codeine.
Subd. 1. Possession or Sale Unlawful.
No person shall administer, dispose, sell, barter, exchange or
offer for sale, when he knows or can by reasonable diligence ascertain, that
such administering, dispensing, selling, bartering, exchanging or offering for
sale will provide the person to whom or for whose use such preparation is
administered, dispensed, sold, bartered, exchanged or offered for sale, within
48 consecutive hours with more than six grains of codeine or any of its salts,
except pursuant to a lawful prescription issued by a practititioner.
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Subd. 2. Quantity in Possession Permitted. i
o person shall within any consecutive hours purchase or have in
his possession more than six grains of codeine or any of its salts, except pursuant
to a lawful. prescription issued by a practitioner.
SECTION 4. Control of Inhalations of Intoxicating Substances.
Subd. 1. Inhaling of Substance Prohibited,
o person under eighteen years of age shall inhale, breathe, or drink
any substance commonly known as glue, cement, dope, solvents, drugs, fingernail
polish and remover, lacquer or thinners for these substances, nor any other compound
liquid or chemical containing hexane, trich loro ethylene, acetone, toluene, ethyl acetate,
methyl ethyl ketone, trichloroethane, methanol, benzene, metholine chloride, Xylene,
isopropanol methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any
other substance for the purpose of inducing symptoms of intoxication, elation,
dizziness, paralysis, irrational behavior, or in any manner change, distort, or
disturb the audio, visual, or mental processes. The provisions of this section shall
not apply to any person who inhales, breathes, or drinks such material or substance
pursuant to the direction or prescription of any doctor, physician, surgeon, dentist
or podiatrist authorized to so direct or prescribe.
Subd. 2. Illegal to Possess. t'
o person shall, for the purpose of violating or aiding another to violate
any provision of this ordinance, intentionally possess, buy, sell, transfer possession,
or receive possession of anything containing the intoxicating substances defined in
Subdivision 1 hereof.
Subd. 3. Person Under 18 Years Shall Not Possess.
Except as provided inhereof and Subdivision 4, no person under
eighteen years of age shall possess or buy any glue containing the intoxicating
substances defined in Subdivision 1.
(a) Except as provided in (b) hereof and Subdivision 4, no person shall
sell or transfer possession of any glue containing the intoxicating
substances defined in Subdivision 1 to another person under eighteen years of age
unless sold or transferred for model building or other lawful use where said
juvenile has in his possession and presents the written consent of his parent or
guardian, which consent shall contain the address and telephone number of said
parent or guardian.
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ORDINANCE NO. 281
(b) This Section shall not apply where the glue or cement is sold,
delivered, or given away simultaneously with and as part of a
kit used for the construction of model airplanes, boats, automobiles, trains,
or other similar models.
Subd. 4. Illegal Sales.
person making a sale or transfer of possession of any glue containing
the intoxicating substances defined in Subdivision 1 to a person under eighteen years
of age who presents the written consent of his parent or guardian shall keep the
written consent required by this Section in a permanent type file available for
inspection by the Police Department for a period of at least six months.
Subd. 5. Self Service Display Prohibited. r
Retail establishments selling g ue containing the intoxicating substances
defined in Subdivision 1 shall not sell such glue from a self-service display.
Subd. 6. Exceptions.
its ection shall not apply to the distribution of glue or cements by 3
adult supervised youth organizations for use by their regularly organized model
classes.
SECTION 5. Penal
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Any violation of the provisions of this Ordinance shall constitute a misdemeanor
punishable by a fine of not more than $300, or by imprisonment for not to exceed
90 days, or both.
SECTION 6. Effective Date.
This ordinance shall be in full force and effect from and after its passage and
publication.
FIRST READ at a regular meeting of the Council of the City of Eden Prairie this
11thday of February , 1975, and finally read, adopted and ordered published
at a regular meeting of the Council of said City on the 4th day of March ,
1975.
David ster o t, Mayor
C y Clerk°::
(SEAL)
Published in the Minnetonka-Eden Prairie SUN on the day of 1975. V
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been the vice president and printer of the newspaper known as The Hopkins-Minnetonka Sun and �p 191;ktloNJtBR Hue
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has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the aR; Isv►asth4atael4iAti
English language in newspaper format and in column and sheet form equivalent in printed space
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to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once
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each week. (3) Said newspaper has 50*. of its news columns devoted to news of local interest to „•q
the community which it purports to serve and does not wholly duplicate any other publication 1 fdl FN111!>4Mm •
and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper lout ; Crs
is circulated in and near the municipalities which it purports to serve, has at least SOo copies
regularly delivered to paying subscribers, has an average of at least 75% of its total circulation °`'e '•
currently paid or no more than three months in arrears and has entry as second-class matter � �' �- �'
in its local post-office. W Said newspaper purports to serve the Cities of Hopkins and Eden sties;^ dmgg,
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Prairie and that portion of Minnetonka serving School District No. 274 in the County of Hennepin
and it has its known office of issue in the City of Bloomington in said County, established and openFgnriti
during its regular business hours for the gathering of news, sale of advertisements and sale of '> seBe.a `
subscriptions and maintained by the managing officer or persons in its employ and subject to his
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direction and control during all such regular business hours and devoted exclusively during such ,�T
regular business hours and devoted exclusively during such regular business hours to the businessF .
of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue 1 � Nuse4,atltttjp;
immediately with the State Historical Society. (7) Said newspaper has complied with all forego
Ing conditions for at least two years preceding the day or dates of publication mentioned below, =a aCMOW
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(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January, 1, 1966
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and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and
signed by the publisher of said newspaper and sworn to before a notary public stating that the t " `
newspaper is a legal newspaper.
Ordinance No. 281 �t ,
He further states on oath that the printed_ ``
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for one :ucceeaive weeks
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that it was first so published on the 27 day o* March 1975
and was thereafter printed and y ti s }V p published on ever• to and including
-the--day of 19_ and that the following is a printed copy
of the lower case alphabet from A to 2, both inclusive, and is hereby acknowledged as being
the size and kind of type used in the composition and publication of said notice, to-wit:
abcdefghiJklmnopgrstuvwxyz
Subscribed and sworn to before me thiA 27 Aay of March 1875
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