529.03 CONTROLLED SUBSTANCES.

   (a)    (COUNCIL NOTE: Former Code Section 529.03(a) has been deleted from the Codified Ordinances as all violations of West Virginia Code § 60A-4-401 from which Article 529.03(a) were derived are now felonies or misdemeanors that should be prosecuted under the

appropriate State law);

   (b)    (COUNCIL NOTE: Former Code Section 529.03 (b) has been deleted from the Codified Ordinances as all violations of West Virginia Code § 60A-4-401 from which Article 529.03 (b) were derived are now felonies or misdemeanors that should be prosecuted under the

appropriate State law);

   (c)    No person shall knowingly or intentionally possess a controlled substance as defined in West Virginia Code § 60A-l-101, et seq., unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as authorized by West Virginia Code Chapter 60A pertaining to

controlled substances;

   (d)    No person shall knowingly or intentionally:

      (1)    Create, distribute or deliver, or possess with intent to distribute or deliver, an imitation controlled substance; or

      (2)    Create, possess or sell or otherwise transfer any equipment with the intent that such equipment shall be used to apply a trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, upon a counterfeit substance, an imitation controlled substance, or the contained or label of a counterfeit substance or an imitation controlled substance.

      (3)    The provisions of Subsection (d)(l) and (d)(2) hereof shall not apply to a practitioner who administers a placebo.

         (Ord. 448.  Passed 12-2-19.)