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(A) It shall be unlawful for any person to knowingly or intentionally possess any controlled dangerous substance or simulated controlled dangerous substance, other than marijuana, unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $750, plus costs, or by imprisonment of not more than 60 days, or by both such fine and imprisonment.
(B) It shall be unlawful for any person to knowingly or intentionally possess marijuana without an Oklahoma state issued medical marijuana license. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400, plus costs.
(Prior Code, § 11-424) (Am. Ord. 1977, passed 9-3-2019)
(A) No person shall use or possess drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101, et seq. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400.
(B) No person shall deliver, sell, possess or manufacture drug paraphernalia knowing, or under circumstances where one reasonably should know, it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled dangerous substance, other than medical marijuana, in violation of the Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101, et seq. Any person who violates this subsection shall be guilty of a misdemeanor and shall be punished by a fine of not more than $400.
(C) Divisions (A) and (B) shall not be applicable to practitioners to the extent such paraphernalia is used as a part of their lawful practice of the profession.
(D) Divisions (A) and (B) shall not be applicable to the possession of paraphernalia by persons involved in the medical or veterinary equipment supply business, where such possession is a necessary and appropriate part of servicing lawful medical or veterinary practitioners.
(E) In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) Instructions, oral or written, provided with the item concerning its use;
(2) Descriptive materials accompanying the item which explain or depict its use;
(3) National and local advertising concerning its use;
(4) The manner in which the item is displayed for sale;
(5) Whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) Direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) The existence and scope of legitimate uses of the item in the community; and
(8) Expert testimony concerning its use.
(F) Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed.
(Prior Code, § 11-425) (Am. Ord. 1822, passed 5-19-2009; Am. Ord. 1977, passed 9-3-2019)
(A) No person shall deliberately smell, inhale, breathe, drink or otherwise consume any compound, liquid, chemical, narcotic, drug or any other substance or chemical containing any ketones, aldehydes, organic acetones, ether, chlorinated hydrocarbons, such as gasoline, glue, fingernail polish, adhesive cement, mucilage, dope or any other substance or combination thereof containing solvents releasing toxic vapors which can cause conditions of intoxication, inebriation, excitement, elation, stupefaction, paralysis, irrationality, dulling of the brain or nervous system or any other changing, distorting or disturbing of the eyesight, thinking processes, judgement, balance or coordination of the person.
(B) This section shall not apply to any person who inhales, breathes or drinks or otherwise consumes any of the substances specified in division (A) above pursuant to the direction of prescription of any licensed doctor, dentist or podiatrist, nor to the consumption of intoxicating liquor in a place or manner as authorized by law.
(Prior Code, § 11-426) Penalty, see § 10.99
It shall be unlawful for any person to possess, sell, distribute or for any person to inhale or ingest, any compound, liquid or chemical commonly known as “locker room” or “rush” which contains alkyl nitrites, isopropyl nitrite, butyl nitrites, consisting mainly of isobutyl nitrites, and/or any of its isomer or analogues, or any similar compound, liquid or chemical for the purpose of inducing a condition of intoxication or of distortion or disturbance of the auditory, visual or mental processes.
(Prior Code, § 11-427) (Ord. 1450, passed 9-5-89) Penalty, see § 10.99
ALCOHOL-RELATED OFFENSES
For purposes of §§ 132.035 through 132.041 of the Bethany Code of Ordinances, ALCOHOLIC BEVERAGE shall be defined as alcohol, spirits, beer and wine, and also every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by human beings. Alcohol, spirits, beer, and wine shall have the definitions as set forth in § 111.01 of the Bethany Code of Ordinances.
(Prior Code, § 11-411) (Ord. 1258, passed 10-18-83; Am. Ord. 1538, passed 9-5-95; Am. Ord. 1572, passed 7-15-97; Am. Ord. 1975, passed 8-20-2019) Penalty, see § 10.99
Statutory reference:
Similar provisions, see 37 O.S. §§ 501 et seq.
No person under 21 years of age shall misrepresent his or her age in writing or by presenting false documentation of age for the purpose of inducing any person to sell or serve him or her alcoholic beverages. Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine of no more than $50.
(Prior Code, § 11-412) (Ord. 1258, passed 10-18-83; Am. Ord. 1975, passed 8-20-2019) Penalty, see § 10.99
No person shall drink or otherwise consume any intoxicating liquor, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance, and to disturb the peace of any person in any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room unless authorized by the Oklahoma Alcoholic Beverage Control Act. Any person who violates this section shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment for not less than five days nor more than 30 days, or by both such fine and imprisonment.
(Prior Code, § 11-413) (Am. Ord. 1975, passed 8-20-2019) Penalty, see § 10.99
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