(A) Marijuana prohibited.
(1) Generally. It is unlawful for any person:
(a) To appear or be upon or in any street, alley, place of business or other public place while under the influence of marijuana;
(b) To use, have or possess marijuana upon or in any street, alley, place of business or other public place within the city;
(c) To use marijuana in any place within the city except as legally prescribed by a physician licensed to practice in the state; or
(d) To be about a place where marijuana is sold or furnished illegally.
(2) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. As defined by 63 O.S. § 2-101. MARIJUANA means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the derivative, mixture or preparation of such mature stalks (except resin extracted therefrom), fiber, oil or cake, or the sterilized seed of such plant which is incapable of germination.
(B) Drug paraphernalia.
(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind which are used, intended for use, or designed 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 substance in violation of the State Uniform Controlled Dangerous Substances Act, 63 O.S. §§ 2-101 et seq., hereinafter referred to as “the Act”, and adopted by reference herein. It includes, but is not limited to, those equipment, products and materials specified in 63 O.S. § 2-101.1 on drug paraphernalia.
(2) Prohibited acts.
(a) It is unlawful for any person to use, or to possess with intent to use, 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 substance in violation of the Act.
(b) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that 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 substance in violation of the Act.
(c) It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(C) Pseudoephedrine.
(1) Purpose. The Council of the city has found the manufacture, transportation, possession and sale of methamphetamine and the by-products and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the city. Regulation of the sale of the chemical precursors to methamphetamine production, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the city.
(2) Prohibition of sale/distribution of methamphetamine precursor drugs.
(a) It shall be illegal for any person to sell, deliver or distribute any ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers, without a valid prescription issued by a duly licensed physician or supervised physician’s assistant and filled by an Oklahoma licensed pharmacist or pharmacy technician.
(b) Nothing in this division (C) shall prohibit the distribution of ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers by an Oklahoma licensed physician or physician’s assistant within the physician’s office, or any clinic, nursing home or other properly licensed healthcare facility upon the orders of said authority.
(c) No prescription issued pursuant to this division (C) shall be filled or refilled more than six months after the date such prescription was issued, and no such prescription authorized to be refilled may be refilled more than five times.
(3) Application. This division (C) shall not apply to any ephedrine, pseudoephedrine, compounds, mixtures or preparations, which are in liquid, liquid capsule or gel capsule form.
(Prior Code, § 5-2D-2) (Ord. 743, passed 5-3-2011) Penalty, see § 133.99