(A) (1) It shall be unlawful for any person, firm or corporation to have possession of or control of or to sell, furnish or give away any LSD, marijuana, cocaine, alpha or beta eucaine, opium, morphine, codeine, heroin, any salt or compound of any of the substances or their salts or compound, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or, if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order.
(2) The written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the article ordered or prescribed, and it shall not be again compounded or dispensed, except upon the written order of the original prescriber for each and every subsequent compounding or dispensing.
(3) No copy or duplicate of the order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and property authorized officers of the law.
(4) The provisions herein shall not apply to preparations containing opium, morphine, codeine, heroin or any salt or compound of the foregoing substances, and recommended and sold in good faith if each bottle or package which is accompanied by specified directions for use, nor to powder or ipecac and opium, commonly known as Deyer’s powder, nor to liniments or ointments when plainly labeled “for external use only.”
(5) The provisions herein also shall not apply to the sales at wholesale by jobbers, wholesalers and manufacturers to retail druggist or qualified physicians or to each other, nor to sales at retail by retail druggist to regular practitioners of medicine or dentistry, nor the sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of the preparations nor to sales to hospitals, colleges or scientific or public institutions.
(6) All prescriptions mentioned in this section must be filled by legally registered pharmacists of the state.
(Ord. 2515, passed - -)
(7) Any person, firm or corporation found ,guilty of violating any of the provisions of this section shall be deemed guilty of an offense and shall be punished as provided in § 12-34 of this code.
(`90 Code, § 14-38) (Ord. 2515, passed - -; Am. Ord. 2823, passed - -)
(B) It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to prescribe for the use of any habitual user of the same any LSD, marijuana, cocaine, heroin, alpha or beta eucaine, opium, morphine or salt or compound of any of the foregoing substances, or any preparation containing any of the foregoing substances, or their salts or compounds and it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his or her treatment in the regular practice of his or her profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being. The provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from prescribing in good faith for the use of any habitual user of narcotic drugs who is under his or her professional care, such substances as he or she may deem necessary, for the purpose of evading the provisions of this article.
(`90 Code, § 14-39)
(C) Possession or sale of drug related paraphernalia.
(1) “Drug Paraphernalia” means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Oklahoma Uniform Controlled Dangerous Substance Act, 63 O.S. §§ 2-101 et seq. It includes but is not limited to:
(a) Kits used or intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived.
(b) Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances; isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled dangerous substance;
(c) Testing equipment used or intended for the use in identifying or in analyzing the strength, effectiveness or purity of controlled dangerous substances; scales and balances used or intended for use in weighing or measuring controlled dangerous substances.
(d) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled dangerous substances;
(e) Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(f) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled dangerous substances;
(g) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled dangerous substances;
(h) Containers and other objects used or intended for use in parenterally injecting controlled dangerous substances into the human body;
(i) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body;
(j) Objects used or intended for use in ingesting inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes;
2. Chillums;
3. Bongs;
4. Ice pipes or chillers.
(2) Drug paraphernalia - factors used in determining. In determining whether an object is “drug paraphernalia,” consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-101 et seq.);
(c) The proximity of the object to controlled dangerous substances;
(d) The existence of any residue of controlled dangerous substances on the object;
(e) Instructions, oral or written, provided with the object which either state directly or imply that the object is to be used for the consumption of controlled substances;
(f) Descriptive materials accompanying the object which explain or depict its use as an object for the consumption of controlled substances;
(g) The manner in which the object is displayed for sale;
(h) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; and
(i) The existence and scope of legitimate uses for the object in the community.
(3) It shall be unlawful for any person to 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 in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-101 et seq.), except those persons holding an unrevoked license in the professions of podiatry, dentistry, medicine, nursing, optometry, osteopathy, veterinary medicine or pharmacy.
(4) It shall be unlawful for any person to deliver, possess or manufacture drug paraphernalia knowing 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 in violation of the Uniform Controlled Dangerous Substances Act (63 O.S. §§ 2-102 et seq.).
(5) Any person violating the provisions of this section shall be deemed guilty of an offense and be subject to a fine or not more than $100 including costs. (Ord. 2257, passed 1- -96)
(Ord. 3160, passed 6-7-05)