§ 225.020. Controlled Substances.  


Latest version.
  • A. 
    No person shall sell, give away, manufacture, use or possess for any purpose whatever any controlled substance or imitation controlled substance except as provided herein.
    B. 
    Distribution by licensed practitioners is permitted under the following conditions:
    1. 
    Practitioners. A licensed practitioner shall be permitted to dispense or distribute controlled substances and drugs to a person in the course of their professional practice only; and such licensed practitioner shall not be permitted to possess controlled substances for any other purpose.
    2. 
    Pharmacists. A licensed pharmacist shall be permitted to dispense or distribute controlled substances and drugs to persons under and in pursuance of written prescriptions issued by any licensed practitioner; and such licensed pharmacist shall not be permitted to possess controlled substances for any other purpose.
    3. 
    Record Of Distribution. All instances of professional distribution of controlled substances and drugs as provided for herein shall be recorded in suitable form and filed and preserved in a manner so as to be readily accessible for inspection by any Law Enforcement Officer of the City.
    4. 
    Renewal Prohibited. No prescription for controlled substances shall be renewed or refilled except as allowed by State law.
    C. 
    Any person shall be permitted to possess controlled substances distributed or dispensed to them under the provisions of this Section, but such possession and use must be in accordance with the prescription and prescribed treatment.
    D. 
    A person who is a licensed manufacturer, warehouseman, or wholesaler of controlled substances shall be permitted to possess controlled substances for the purposes of wholesale delivery, compounding, preparation, and manufacture only; and the same shall only be resold to other persons permitted by this Section to resell, or dispense or distribute controlled substances in the course of a licensed manufacturing or wholesale business, a licensed professional practice, or a licensed pharmaceutical business. A licensed manufacturer or wholesaler permitted to possess controlled substances in this Subsection (D) may also be a licensed pharmacist and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any controlled substances except upon written prescription as herein provided.
    E. 
    All controlled substances in the possession of any person convicted of a violation of this Section, shall be seized by, confiscated by, and forfeited to the Chief of Police, who shall make proper disposition thereof.
    F. 
    This Section shall not apply to the administering or distributing or dispensing of any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation in one (1) avoirdupois ounce, not more than one (1) grain of codeine or any of its salts, provided that the preparation administered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the controlled substance alone. Such preparation shall be administered, distributed, or dispensed in good faith and not for the purpose of evading this Subsection. However, no person shall administer, dispense, or sell, under the exemption of this Section, any preparation included in this Subsection, when they know, or can by reasonable diligence ascertain, that such administering, dispensing, or selling will provide the person to whom or for whose use such preparation is administered, dispensed or sold, within any forty-eight (48) consecutive hours, with more than four (4) grains of codeine or any of its salts.
    G. 
    The provisions of this Section restricting the possession and control of controlled substances shall not apply to common carriers or warehousemen engaged in lawfully transporting or storing such controlled substances, or to any employee of such common carriers or warehousemen within the scope of their employment, or to public officers or employees in the performance of official duties requiring possession or control of controlled substances, or to persons aiding such officers or employees in performance of such duties.
R.O. 1996 § 225.020; CC 1968 § 14-216; Ord. No. 1147 § 1, 4-12-1982