Mound City Code 910.00
Section 910 – CONTROLLED SUBSTANCES
910.01 Controlled Substances. State Statute Incorporated. Controlled Substance Defined. The five schedules of controlled substances listed in Minnesota Statutes 1986, Section 152.02, as amended, are hereby incorporated in and made a part of this Section as completely as if set out herein in full. For the purposes of this Section, a controlled substance is any substance listed in the five schedules of controlled substances in Minn. Statute, 1986, 156.02.
910.05 Prohibited Acts. It shall be unlawful for any person to manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance, except on a lawful prescription by a person licensed by law to prescribe and administer controlled substances.
910.10 Possession Defined. Possession shall mean having the controlled substance on one's person or in constructive possession including, but not limited to, constructive possession by that owner of a motor vehicle or by that driver of a motor vehicle if the owner is not present who keeps or allows to be kept in the motor vehicle a controlled substance.
910.15 Excepted Lawful Businesses and Professions. Subsection 910.05 of this ordinance shall not apply to the following in the ordinary course of their trade, their business, or their profession provided, however, this exception shall not be a defense to the doing of the acts prohibited in Subsection 910.20 hereof:
Subd. 1. Practitioners, persons licensed by law to prescribe and administer controlled substances.
Subd. 2. Pharmacists duly registered and licensed with the Minnesota State Board of Pharmacy.
Subd. 3. Manufacturers.
Subd. 4. Pharmacists as manufacturers.
Subd. 5. Wholesalers.
Subd. 6. Warehouse person.
Subd. 7. Persons engaged in transporting such controlled substances as agent or employee of a practitioner, pharmacist, manufacturer, warehouse person, wholesaler, or common carrier.
Subd. 8. Public officers or public employees in the performance of official duties requiring possession or control of such controlled substances, or persons aiding such officers or employees in the performance of such duties.
Subd. 9. Any patient as herein defined with respect to procuring, possession, and use of a controlled substance in accordance with the terms of a prescription and prescribed treatment.
Subd. 10. Persons who procure, possess, or use such controlled substance for the purpose of lawful research, teaching, or testing, and not for sale.
Subd. 11. Lawfully licensed and registered hospitals or bona file institutions wherein sick or injured persons are cared for and treated, or by bona file hospitals for the treatment of animals.
910.20 Unlawful Procuring, Purchase, Delivery or Possession. No person shall procure, purchase, deliver, or possess, or attempt to procure, purchase, deliver, or possess, a controlled substance in any of the following manners:
Subd. 1. By fraud, deceit, misrepresentation or subterfuge, or
Subd. 2. By the forgery or alteration of a prescription, or
Subd. 3. By the concealment of a material fact, or
Subd. 4. By the use of a false name or the giving of a false address, or
Subd. 5. By making a false statement in any prescription, order, report, or record relative to a controlled substance, or
Subd. 6. By falsely assuming the title of, or falsely representing any person to be a manufacturer, wholesaler, warehouse person, pharmacist, practitioner, or other person described in Subsection 910.15 hereof, or
Subd. 7. By making, issuing, or uttering any false or forged prescription.
910.25 Confiscation and Disposition of Controlled Substances. Any controlled substance 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 it.
910.30 Use of Original Containers and Labels Required. All patients having possession of any controlled substance, by lawful prescription of practitioner while such controlled substance is lawfully in such person's possession, shall keep such controlled substance in the original container in which it was delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container.
910.35 Possession of Injection Implement. No person except dealers in surgical instruments, apothecaries, physicians, dentists, veterinarians, nurses, attendants and interns in hospitals, sanitariums 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 adapted for the use of cocaine or narcotic drugs or any controlled substance defined in Minnesota Statutes 152.02, or as defined in Title 21 United States Code 812 by subcutaneous injections and which is possessed for that purpose, unless such possession be authorized by the certificate of a physician issued within a period of one year prior to any time of such possession. (ORD. #2, 3/25/87)