(a) A person shall not:
(1) Appear in a public place while under the influence of a drug or narcotic drug or marihuana as defined in the Uniform Controlled Substances Act (West Virginia Code 60A-1-101 to 60A-6-605); or
(2) Partake of such drug or narcotic drug or marihuana by ingestion, inhalation or any other means while in a public place.
(b) This section shall not apply to an individual who, under the direction and care of a physician, partake of a drug or narcotic drug or marihuana as part of a prescribed treatment procedure. It shall be the responsibility of the accused to present sufficient proof of such circumstances to the Police Department or the Municipal Court.