(A) No person, other than a registered wholesale distributor of dangerous drugs, a licensed terminal distributor of dangerous drugs, a manufacturer of dangerous drugs, a pharmacist, a practitioner, or carriers or warehousemen but only for the purpose of carriage or storage, for any of the foregoing, shall have in such person's possession any prescription drug, except those obtained pursuant to a prescription or dispensed by a practitioner.
(B) Proof of possession of a prescription drug, other than in a container labeled to indicate the date of sale, the name and address of the person for whom the drug was prescribed, instructions for taking, and the name of the pharmacy where sold, together with the prescription number, shall constitute prima facie evidence of a violation of this section.
(C) For the purpose of this section, the term "prescription drug" shall mean:
(1) Any drug which, under the "Federal Food, Drug and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, and pursuant to R.C. Chapters 3715 and 3719, may be dispensed only upon a prescription; or
(2) Any drug intended for administration by injection into the human body other than through a natural orifice of the human body; or
(3) Any drug listed within the standard pharmaceutical reference manual as defined in R.C. § 2925.01(M) which may be dispensed only upon a prescription; or
(4) Any drug or drug product the commercial package of which bears a label containing the legend, "Caution: Federal Law Prohibits Dispensing Without Prescription" or "Federal Law Restricts This Drug To Use by or on the Order of a Licensed Veterinarian" or any similar restrictive statement.
(D) For the purpose of this section, the term "prescription" shall have the meaning ascribed to it in R.C. § 4729.01(H).
(E) For the purpose of this section, the term "person," "terminal distributor of dangerous drugs," "registered wholesale distributor of dangerous drugs," "manufacturer of dangerous drugs," "practitioner," "pharmacist," and "prescription" shall have the meanings ascribed to them in R.C. § 4729.01.
(F) Whoever violates this section shall be guilty of possessing a prescription drug, a misdemeanor of the first degree.
(Ord. 14-09, passed 9-21-09)