HomeMy WebLinkAboutCity Council Ordinance 1966-17VILLAGE OF PLYMOUTH
ORDINANCE NO. 66-17
An Ordinance Regulating the
Possession and Purchase or De-
livery of Barbiturates and Other
Prohibited Drugs
The Village Council of the Vil-
lage of Plymouth Does Hereby
Ordain as Follows:
Section 1. Definitions.
1.01 Prohibited Drug. As used
herein the term "prohibited drug"
means.
(a) Barbital and any deriva-
tive thereof; including but not
limited to the following: dieth-
yl-barbituric 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 allyliso-
propyi-barbituric acid in com-
bination w i t h amido-pyrine)
medianl; any preparation, mix-
ture or other substance contain-
ing any of the foregoing sub-
stances.
(b) Amphetamine and any
derivatives thereof including
but not limited to such sub-
stances as follows: desoxyephe-
drine (methamphetamine) me-
phentermine, pipradol, phenme-
trazine, methylphenidate or any
salt mixture or optical isomer
thereof which salt mixture or
optical isomer has a stimulating
effect on the central nervous
system.
(c) Chloral Hydrate (Chloral);
Chlordiazepoxide and its salts
(Librium); Diazwpam (Valium);
Ethchlorvynol (Placidyl); Ethi-
namate (Valmid); Glutethimide
(Doriden); Meprobamate (Mil-
town, Equnii, Meprospan, Me-
protabs); Methyprylon (Nolu-
dar); Paraldehyde.
1.02 Delivery. The term "de-
liver" means sale, offer for sale,
barter, exchange, administering,
dispensing, giving away, distrib-
uting, 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.
1.03 Patient. The term "pa-
tient" means, as the case may be
(a) the individual for whom a
prohibited drug is prescribed 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.
1.04 Person. The term "per-
son" includes individual, corpora-
tion, partnership, and association.
1.05 Practitioner. The term
"practitioner" means a person
licensed by law to prescribe and
administer any of the prohibited
drugs as defined above.
1.06 Pharmacist. The term
"pharmacist" means a person duly
licensed and registered with the
Minnesota State Board of Pharm-
acy as a registered pi,armacist.
1.07 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 pa-
tient, 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 spe-
cies 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 signa-
ture of such practitioner. An oral
order by a practitioner for a pro-
hibitive drug must be promptly
reduced to writing by the pharm-
acist.
1.08 Manufacturer. The term
"manufacturer" m e a n s persons
other than pharmacists who pre-
pare drugs in dosage forms by
mixing, compounding, encapsulat-
ing, entableting, or other process.
1.09 Wholesaler. The term
"wholesaler" means persons en
gaged in the business of distrib
uting prohibited drugs to person.;
included in any of the classes
named in Section 3.
1.1^ Warehouseman. The term
"warehouseman" means persons
who store prohibited drugs, for
others and who have no control
over the disposition of such pro-
hibited drugs or stimulants ex-
cept for the purpose of such stor-
age.
Section 2. Unlawful Possession.
Deliverp or Purchase. It is un-
lawful for any person to have in
possession, purchase, or to deliver
as herein defined any prohibited
drug as defined in Section i here-
of, except on a lawful prescrip-
tion by a practitioner.
Section 3. Excepted Lawful
Budlaessesand Protenia . Sec-
tion 2 of this ordinance shall not
apply to the following in the or-
dinary 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 Sections
2 or 4 hereof:
(a) Practitioners.
(b) Pharmacists.
(e) Manufacturers.
(d) Pharmacists as manufac-
turers.
(e) Wholesalers.
(f) Warehousemen.
(g) Persons engaged in
transporting such prohibited
drugs as agent or employee if
a practitioner, pharmacist, man-
ufacturer, warehouseman,
wholesaler, common carrier.
(h) Public officers or public
employees in the performance
of official duties requiring pos-
session or control of such pro-
hibited drugs, or persons aiding
such officers or employees in
the performance of such duties.
(i) Any patient as herein
defined with respect to procur-
ing, possession and use of a
prohibited drug in accordance
with the term 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) Lawfutij licensed and
registered hospitals or bonafide
institutions wherein sig or in-
jured persons are eared for and
treated, or by bonaflde hospi-
tals for the treatment of ani-
mals.
Section 4. UnlawW Proeasinp,
Purchase. Dalivery or Possession.
No Person shall possess, nor at-
tempt to possess or have in his
control or possessioi., or purchase,
or deliver a prohibited drug.
(a) by fraud, deceit, misrep-
resentation or subterfuge, or
(b) by the forgery or altera-
tion 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 state-
ment In any prescription, order,
report, or record relative to a
prohibited drug, or
(f) by falsely r.:ssuming the
title of, or falsely representing
any person to be, a manufac-
turer, whok•saler, warehouse-
man, pharmacist, practitioner,
or other person described in
Section 3 hereof.
(g) by making, issuing or ut-
tering any false or forged pre-
scription.
Section L Confiscation and
Disposition of Prohibbed Drugs.
Any prohibitive drugs found in
the possession of any person con-
victed of a violation of this ordi-
nance shall be confiscated and
shall be forfeited to the Chief of
Police who shall make proper and
timely disposition thereof by 1e-
stroying them
Section I. Use, of Oeiow Con-
tainerr aid Labels li" iraL All
patients having possession of any
prohibited drugs, by lawful pre-
scription of practitioner while
such prohibited drugs are law-
fully in such person's possession,
.hall keep such prohibited drugs
in the original cc :`3iner in which
they were delivered until used in
accordance with such prescription,
and shall not remove the pharm-
acist's original label identifying
the prescription from such origi-
nal container.
Section !. Penalty. Any person
violating the provisions of this
ordinance shall be guilty of a
nusdemeanor and upon conviction
shall be punished by a fine of not
more than one hundred dollars
or by imprisonment for not to ex-
ceed 90 days.
Section 8. Effective Data This
ordinance shall take effect upon
its passage and publication.
Adopted by the Village Council
this 13th day of June, 19N.
ss; Loring M. Staples, Jr.
Its Mayor.
Attest: Paul E. Boog,
Clerk -Administrator.
(W 8/30,'66)
y
THE VILLAGE COUNCIL OP THE VILvAGS OP PLYMOUTH DOES MMY ORDAIN
AS POLLOWS:
Section 1. Definitions.
1.01- Prohibited Drug. As used herein the term "prohibited
drug"; means:
(o) ;arbital and any derivative thereof; including
but not limited to the following: diethyl-
barbituric acid; any alkyls aryl, metallic
or halogenated derivative of barbiturie acid,;
veronal (barbitone; proposal, ipral; dial;
neonal (soneryl); sandoptal; amytal;
phenobarbital (lumital); phandorn, nocta2;
allonal (which contai;:s allylisopropyl-
barbituric acid in combination with amido-
pyrine) medianl; any Preparation, mixture or
other substance containing any of the foregoing
substancee.
(b) Amphetamine and any derivatives thereof`
including but not limited to such`substances
as follows: des6v ephedrine; -{methamphetamine)
mephentermine, pipradol, pha motrasine,:
methylphenidate or airy' salt";e,}stnre -or
optical isomer. thereof which: salt,iiiture or
optical isomer has a stimulating effect on the
central nervous system.
(o) Chloral Hydrate (Chloral); Chlordiasepoxide
and its salts (Librium); Dia$wpam (Valium);
E'thchlorvyncl (Placidyl); Ethinamate (Valmid);
Glutethimide (Doriden); Xeprobamate (11iltown,
Equanil, Meprospan, Keprotaba); Methyprylon
1.07 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.
1.08 Manufacturer. The term "manufacturer" means
persons other than pharmacists who prepare drugs in dosage
forms by miring, compounding, encapsulating, entableting,cr
other process.
1.09 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 3.
1.10 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.
Section 2. 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 1 hereof, except on a lawful prescription by a
practitioner.
Section 3. FStcepted Lawful BusinLsses and Professions.
Section 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 Sections
2 or Q hereof:
(a) Practitioners.
(b) Ph-- -fists.
(c) '.anufacturers.
(d) Pharmacists as manufacturers.
(e) Wholesalers.
(f) Warehousemen.
(g) Persons engaged in transporting such prohibited
drugs as agent or employee if a practitioner, pharmacist,
manufacturer, warehouseman, xholesalar, common carrier.
(h) 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 employees in the performance of such duties.
(i) Any patient as Yirein defined with respeot to
procuring, possession and use of s prohibited drug in accordance
with the terms of a peescript_on and prescribed treatment.
(j) Persons who procure, possess or use such drugs for
the purpoue of lawful research, teaching or testing, and not
for sale.
(k) 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. Unlawful Procuring, $urchase, Delivery or Possession.
No person shall possess, nor attempt to possess or have in his
control or possession, or purchase, or deliver 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 relative to a prohibited
drug, or
(f) by falsely assuming the title of, or falsely
representing any person to be, a manufacturer,
wholesaler, warehouseman, pharmacist, practitioner,
or other person described i^ Section 3 hereof.
(g) by making, issuing or uttering any false or
forged prescription.
Sect.on 5. 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 PO ice who shall make
proper and timely disposition thereof by destroying them.
Section 6. Use of CGriginal Containers and L2r41s Required.
All patients having possession of any prohibiter: drugs, by
lawful prescription 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 7. Penalty.
Any person violating thc. 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.
;ieetion 8, Effective Date.
This ordinance shall take effect upon its passage and publication.
Adopted by the Village Council
this 13th day of June , 1966
./Mayor
Attest:
Clerk—Administrator