(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELIVER. Sale, offer for sale, barter, exchange, administering, dispensing, giving away, distributing, 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.
MANUFACTURER. Person’s other than pharmacists who prepare drugs in dosage form by mixing, compounding, encapsulating, entableting, or other process.
PATIENT. As the case may be, the individual for whom a prohibited drug is prescribed or to whom a prohibited drug is administered, or 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.
PERSON. Individual, corporation, partnership and association.
PHARMACIST. A person duly licensed and registered with the Minnesota State Board of Pharmacy as a registered pharmacist.
PRACTITIONER. A person licensed by law to prescribe and administer any of the prohibited drugs as defined above.
PRESCRIPTION. A written or oral order by a practitioner to a pharmacist for a prohibited drug or stimulant for a particular patient, which specifies the date of its issue, the name and address of the practitioner, the name and address of the patient (and, if the barbiturate or stimulant is prescribed for an animal, the species of the animal), the name and quantity of the prohibited drug prescribed, the directions for use of the drug, and in the case of a written order the signature of the practitioner. An oral order by a practitioner for a prohibited drug must be promptly reduced to willing by the pharmacist.
PROHIBITED DRUG:
(a) Barbital and any derivative thereof; including but not limited to the following: diethylbarbituric acid; any alkyl, aryl, metallic or halogenated derivative of barbituric acid; varonal (barbitone); proponal, ipral; dial; neonal (soneryl); sandoptal.; amytal; phenobarbital (luminal); Phandorn; noctal; allonal (which contains ailylisopropyl-barbituric acid in combination with amidopyrine) medianl; or any preparation, mixture or other substance containing any of the foregoing substances.
(b) Amphetamine and any derivatives thereof including but not limited to such substances as follows: desoxyephedrine (methamphetamine), mephentermine, pipradol, phenmetrazine, 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); diazepam (valium); etchlorvynol (placidyl); ethinamate (valmid); glutethimide (doriden); meprobamate (miltown, equanil, meprospan, meprotabs); methyprylon (noludar); paraldehyde, codeine or any of its salts.
(d) Marijuana means all parts of the plant Cannabis Sativa L., including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt derivative, mixture, or preparation of the plant, its seeds or resin, but shall not include the mature stalks of the plant, fiber from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
SMALL AMOUNT. As applied to marijuana means 1.5 ounces or less. This provision shall not apply to the resinous form of marijuana.
WHOLESALER. Persons engaged in the business of distributing prohibited drugs to persons included in any of the classes named in division (A)(1).
WAREHOUSEMAN. Persons who store prohibited drugs for others and who have no control over the disposition of the prohibited drugs or stimulants except for the purpose of the storage.
(B) Unlawful possession, delivery or purchase. It is unlawful for any person to grow, have in possession, purchase, or to deliver as herein defined any prohibited drug as defined in division (A)(8) hereof, including a small amount of marijuana, except on a lawful prescription by a practitioner.
(C) Excepted lawful businesses and professions.
(1) Division (B) 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 divisions (B) and (D) hereof:
Practitioners
Pharmacists
Manufacturers
Pharmacists as manufacturers
Wholesalers
Warehousemen
(2) Persons engaged in transporting the prohibited drugs as agent or employee of a practitioner, pharmacist; manufacturer, warehouseman, wholesaler, or common carrier.
(3) Public officers or public employees in the performance of official duties requiring possession or control of the prohibited drugs, or persons aiding the officers or employees in the performance of the duties.
(4) Any patient as herein defined with respect to procuring, possession and use of a prohibited drug in accordance with the terms of a prescription and prescribed treatment.
(5) Persons who procure, possess or use the drugs for the purpose of lawful research, teaching or testing, and not for sale. Lawfully licensed and registered hospitals or bonafide institutions wherein sick or injured persons are cared for and treated or bona fide hospitals for the treatment of animals.
(D) Unlawful procuring, purchase, delivery or possession. No person shall possess or have in his or her control or possession or purchase, or deliver a prohibited drug, or attempt to do so, by fraud, deceit, misrepresentation or subterfuge, or by the forgery or alteration of a prescription, or by the concealment of a material fact, or by the use of a false name or the giving of a false address, or by making a false statement in any prescription, order, report, or record relative to a prohibited drug, or by falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, warehouseman, pharmacist, practitioner, or other person described in division (A) hereof, or by making, issuing or uttering any false or forged prescription.
(E) Confiscation and disposition. Any prohibited drugs found in the. possession of any person convicted of a violation of this chapter shall be confiscated and shall be forfeited to the Chief of Police, who shall make proper and timely disposition thereof by destroying them.
(F) Use of original containers and labels required. All patients having possession of any prohibited drugs, by lawful prescription of practitioner while the prohibited drugs are lawfully in the person’s possession, shall keep the prohibited drugs in the original container, in which they were delivered until used in accordance with the prescription, and shall not remove the pharmacist’s original label identifying the prescription from the original container.
(G) Penalty. Any person violating the provisions of this chapter shall be guilty of a misdemeanor.
(Prior Code, § 402.08) Penalty, see § 10.99