1966-19Bill No. 1966-19
ORDINANCE N0. 9.09
An Ordinance Regulating the Possession and Purchase or
Delivery of Barbiturates and Other Prohibited Drugs
CITY OF RICHFIELD DOES ORDAIN:
Section 1. The sale and possession of barbiturates and other prohibited drugs
shall be regu7a.ted as set forth in this ordinance.
Section 2. Definitions.
Subdivision 1. Prohibited Drug. As used herein the term "prohibited
drug" means:
(a) Barbital and any derivative thereof; including but not
limited to the following: diethylbarbituric acid; any
alkyl, aryl, metallic or halogenated derivative of
barbituric acid;: veronal (barbitone); proponal, ipral;
dial; neonal (soneryl); sandoptal; amytal; phenobarbital
(luminal); phandorn; noctal; allonal (which contains
allylisopropyl-barbituric acid in combination with
amidopyrine) medianl; any preparation, mixture or other
substance containing any of the foregoing substances.
(b) Amphetamine and any derivatives thereof including but not
limited to such substances as follows: desoxyephedrine
(methamphetamine) mephentermine, pipradol, phenmetrazine,
methylphenidate or any salt mixture or optical isomer
thereof which salt mixture or optical isomer has a stimu-
lating effect on the central nervous system.
(c) Chloral Hydrate (Chloral); Chlordiazepoxide and its salts
(Librium); Diazepam (Valium); Ethchlorvynol (Placidyl);
Ethinamate (Valmid); Glutethimide (Doriden); Meprobamate
(Miltown, Equanil, Meprospan, Meprotabs)~ Methyprylon
(Noludar); Paraldehyde.
Subd. 2. Deliver. The terra "deliver" means sale, offer for sale, barter,
exchange, administering, dispensing, giving away, distributing, or supplying in any
other manner. The term deliver as herein defined shall include the attempt to do
such acts as well as the actual completed commission thereof.
Subd. 3. Patient. The term "patient" means, as the case may be (a) the
individual for whom a prohibited drug is prescribed or to whom a prohibited drug is
administered, or (b) the owner or the agent of the owner of any animal for which a
prohibited drug is prescribed or to which a prohibited drug is administered.
Subd. 1a.. Person. The term "person" includes individual, corporation,
partnership and association.
Ordinance No. 9.09 - 2 -
Subd. 5.
by law to prescribe Practitioner. The term "practitioner" means a person licensed
and administer any of the prohibited drugs as defined above.
Subd. 6. Pharmacist. The term "pharmacist" means a person duly licensed
and registered with the Minnesota State Board of Pharmacy as a registered pharmacist.
Subd. 7. Prescription. The term "prescription" means a written or oral
order by a practitioner to a pharmacist for a prohibitive drug or stimulant for a
particular patient, which specifies the date of its issue,the name and address of
such practitioner, the name and address of the patient (and, if such barbiturate or
stimulant is prescribed for an animal, the species of such animal) the name and
quantity of the prohibited drug prescribed, the directions for use of such drug,
and in the case of a written order the signature of such practitioner. An oral order
by a practitioner for a prohibitive drug must be promptly reduced to writing by the
pharmacist.
Subd. 8. Manufacturer. The term "manufacturer" means persons other than
pharmacists who prepare drugs in dosage forms by mixing, compounding, encapsulating,
entableting, or other process.
Subd. 9. Wholesaler. The term "wholesaler" means persons engaged in the
business of distributing prohibited drugs •i,o persons included in any of the classes
named in Section 4.
Subd. 10. Warehouseman. The term "warehouseman" means persons who store
prohibited drugs, for others and who have no control over the disposition of such
prohibited drugs or stimulants except for the purpose of such storage.
Section ?. Unlawful Procuring, Purchase, Delivery or Possession. No person
shall, nor attempt to, possess or have in his control or possession, to purchase or
deliver a prohibited drug.
Section ?~. Excepted Lawful Businesses and Professions. Section 3 of this
ordinance shall not apply to the following in the ordinary course of their trade,
their business, or profession provided, however, this exception shall not be a
defense to the doing of the acts prohibited in said Section 3 or 5 hereof:
Subdivision 1. Practitioners.
Subd. 2. Pharmacists.
Subd. 3. Manufacturers.
Subd. ~.. Pharmacists as manufacturers.
Subd. 5. Wholesalers.
Subd. 6. Warehousemen.
Subd. 7. Persons engaged in traa.~sporting such prohibited drugs as agent or
employee of a practitioner, pharmacist, manufacturer, warehouseman, wholesaler,
common carrier.
Ordinance No. 9.09 - 3 -
Subd. 8. Public officers or public employees in the performance of
official duties requiring possession or control of such prohibited drugs, or
persons aiding such officers or employees in the performance of such duties.
Subd. 9. Any patient as herein defined with respect to procuring,
possession and use of a prohibited drug in accordance with the terms of a pre-
scription and prescribed treatment.
Subd. 10. Persons who procure, possess or use such drugs for the
purpose of lawful research, teaching or testing, and not for sale.
Subd. 11. Lawfully licensed and registered hospitals or bonafide
institutions wherein sick or injured persons are cared for and treated, or by
bonafide hospitals for the treatment of animals.
Section 5. Unlawful Procuring, Purchase, Delivery or Possession. No person
shall, nor attempt to possess or have in his control or possession to purchase, or
deliver a prohibited drug.
Subdivision 1. By fraud, deceit, misrepresentation or subterfuge, or
Subd. 2. By the forgery or alteration of a prescription, or
Subd. 3. By the concealment of a material fact, or
Subd. ~. By the use of a false name or the giving of a false address, or
Subd. 5. By making a false statement in any prescription, order, report,
or record relative to a prohibited drug, or
Subd. 6. By falsely assuming the title of, or falsely representing any
person to be, a manufacturer, wholesaler warehouseman, pharmacist, practitioner,
or other person described in Section ~ hereof, or
Subd. 7. By making, issuing or uttering any false or forged prescription.
Section 6. Confiscation and Disposition of Prohibited Drugs. Any prohibited
drugs found in the possession of any person convicted of a violation of this ordinance
shall be confiscated and shall be forfeited to the Chief of Police, who shall make
proper axed timely disposition thereof by destroying them.
Section 7. Use of Original Containers and Labels Required. All patients having
possession of any prohibited drugs, by lawful prescription of practitioner while such
prohibited drugs are lawfully in such personts possession, shall keep such prohibited
drugs in the original container in which they were delivered until used in accordance
with such prescription, and shall not remove the pharmacist-s original label identify-
ing the prescription from such original container.
..
Ordinance No. 9.09 - 1t -
1
Section 8. Any person violating the provisions of this ordinance shall be
guilty of a misdemeanor and upon conviction shall be punished by a fine of not
more than one hundred dollars or by imprisonment for not to exceed 90 days.
Passed by the council this 11th day of 'July, 1966.
' Stanley W: Olson, Mayor
Attest:
Edward J. Molin , City Clerk
1
~~
~~idavit of Publication
STATE OF MINNESOTA
COUNTY OF HEI~NEPIN, ss
-Legal Notices
(Official Publication)
BILL 1966•i9
aIiDINANCE NO. 9.09
AN ORDINANCE REGULATING
THE POSSESSION and PUR-
CHASE or DELIVERY OF BAR-
BITURATES and OTHER
PROHIBITED DRUGS
CITY OF RICHFIELD DOES OR-
DAIN:
Section 1. The sale and posses-
sion of barbiturates and other pro'
hibited drugs shall be regulated
as set forth in this ordinance.
Section 2. Definitions.
Subdivision 1. Prohibited Drug.
As used herein the term "pro'
hibited drug" means:
(a) Barbital and any ,derivative
thereof; including but not lim•
filed to the following: diethyl-
barbituric acid; any alkyl,
aryl, metallic or halogenated
derivative of barbituric acid';
veronal (barbitone); proponal;
ipr~1; dial; neonal (soneryl);,
sandoptal;, amytal; pphenobar-
bital (lummall; phandorn; noc-
ta1;' allonal (which contains
allylisopropyl-barbituric acid
combination with amidopy
~e) medianl; any prepara-
on, mixture or -other sub'
ante containing any of the
fine and any deriva-
~f including but not
such substances as
soxvenhedrine 1 me•
methylphenidate or any salt
mixture or optical isomer
thereof which salt mixture or
optical isomer. '..has a stimu-
lating effect oti the central
nervous system.
(cl Chloral Hydrate (Chloral);
Chlordiazopoxide and its salts
ul~ibriu Ethclllorvynoln (P aci-
dyl); Ethinamate (Valmid);
Glutethimide (Doriden); Me-
pprobamate (Miltown, Equanil,
M e p r o s p a n, Meprotabs);
Methyprylon (Noludar); Par•
aldehyde.
Subd. 2. Deliver.. The term "de•
liver" means sale, offer for sale,
barter, exchange, administel•ing,
dispensing, giving away, distribut•
ing, or supplying in any other
manner. The term deliver as here-
in defined shall include the attempt
to do such acts as well. as the
actual completed commission
thereof.
Subd. 3. '~ Patient. The ter m
"patient" nneaas, as the case may
be (a) the-3n8it~idual for whom a
prohibited drug' is prescribed or
to whom a jrohibited drug is ad•
ministered pr- (b) thgi. owner or
the agent tlip owner'gof any ani•
mal for which a prohibited drug
is prescribed or. to;r'vVkuch a pro'
hibited dreg is admixiistered.
Subd. 4. -Person. =The term "per-
sotil_ .includes individual corpora-
L_ ' ..
lion, partnership and association.
Subd. 5. Practitioner. The term
"practitioner" means a person li-
censed by law to prescribe and
administer any of the prohibited
drugs as defined above.
Subd. 6. Pharmacist.. The term
"pharmacist" means a person
duly licensed and registered with
the Minnesota State Board of Phar-
macy as a registered pharmacist..
Subd. 7. Prescription. The term
"prescription" means a written or
oral order by a practitioner to a
pharmacist for a prohibitive drug
or stimulant for a particular
patient, which specifies the date
of its issue, the name and address
of such practitioner, the name and
address of the patient (and, if
such barbiturate or stimulant is
prescribed for an animal, the.
species of such animal), t h e
name and quantity of the prohibit-
ed drug prescribed, the directions
for use of such drug, and in the
case of a written order the signa-
ture of such practitioner. An oral
order by a practitioner fora pro-
hibitive drug • must be promptly
reduced to writing by the pharma•
Gist.
.Subd.. 8. Manufacturer. The term
"manufacturer" means persons
other than pharmacists who pre'
pare drugs m dosageencapsulat
mixing, compounding,
int. entabletine. or other process.
means persons en•
business of distribut-
d drugs to persons
any of the classes
named in Section a.
Subd. 10. Warehouseman. T h e
term "warehouseman" means per-
sons who store prohibited drugs,
for others and who have no con'
trol over the disposition of such
prohibited drugs or stimulants ex•
cept for the purpose of such stor-
age.
Section 3. Unlawful Possession,
Delivery or Purchase. It is unlaw-
ful for any person to have in pos•
session, purchase, or to deliver
as herein defined any prohibited
drug as defined in Section 2 here-
of, except on a lawful prescription
by a practitioner.
Section 4. Excepted Lawful Busi•
nesses and Professions. Section 3
of this ordinance shall not apply
to the following in the ordinary
course of their .:,trade, their busi•
Hess, or profession provided, how'
ever, this exception shall not be
a defense to the. doing of the acts
prohibited ih said' Section 3 or 5
hereof
Subdivision 1.`Practitioners.
Subd. 2. Phai'Yhacists:
Subd. 3. Manufacturers.
Subd. 4. Pharmacists as manu,
facturers.
Subd. 5. Wholesalers.
Subd. 6. Warehousemen.
Subd. 7. Persons- engaged in
transporting such prohibited drugs
lg duly
~ stated
as The
as agent or employee of a prae= shall be guilty. of a misdemeanor elriafter
;itioner, pharmacist, manufactur- and upon conviction shall be gun- therein
:r, warehouseman, wholesaler, fished by a fine of not more than
common carrier. one hundred dollars or by im- ~ ~,.~ r
5ubd.8. Public officers or pub- prisonment for not to exceed 90
lit employees in the performance days.
of official duties requiring pos- Passed by the council this 11th
session or control of such prohibit- ,day of July, 1966.
ed drugs or persons aiding such STANLEY W. OLSON,
officers or employees in the per- Mayer ~
formance of such duties. Attest:
Subd. 9. Any patient as herein EDWARD J. MOLINE, -"-"" '.-'-'-
defined with respect to procuring, City Clerk f Rich-
possession and use of a prohibited (July 14, 1966)-RN day Of
drug m accordance with the terms ,vw~NaNcs ~~a,a ,,.~ printed
of a prescription and prescribed OfflcefOf1pubiicatlOn wltt'ill'1 the 5711-
treatment.
Subd. 10. Persons who procure,.y, PZ1rineSOta, from Wh1Ch it 1S iSSUed
possess or use such drugs for theeT format and in column and Sheet
purpose of lawful research, teach-aSt 450 rLlnnlnA' 1nCheS of Single COl-
ing or testing, and not for sale. o
Subd. 11. Lawfully licensed and 1SSUed aS aforesaid once each week
registered hospitals or bonafide in- iri Sald place Of pUbllCat1011 a-nd em-
stitutions wherein sicY_ or injured
persons are cared for and treated, .e necessary material for preparing
or by bonafide hospitals for the )reSS Work On that part of the news-
treatment of animals. ltereSt t0 the community it purports
Section a.Unlawlful Procuring,
Rurchase, Delivery or Possession. Nri Office Of pU'b1lCatlOn; that during
No person shall, nor attempt to less than twenty-five percent of its
possess or have in his control or too local news of interest to the com-
possession to purchase, or deliver
a prohibited drug. It during all said time it has not
Subdivision 1. By fraud, deceit, ,lication, and has not been entirely
misrepresentation or subterfuge, or, and advertisements- has been C1T-
Subd. 2. By the ,forgery or al•
teration of a prescription, or ~ of publication t0 the extent Of at
Subd. 3. By the concealment of ~~ COp1eS regularly delivered to pay-
a material fact, or
Subd. 4. By the ,use of a false `>econd class matter in its local post-
name or the giving of a false taSbeen filed with the State Histori-
address, or a has bbeen on file in the affice~ Hof the
Subd. 5. By making a false
statement in any prescription, ty, MinneSOta., the affidavit of a per-
order, report, or record relative to ~~ ShOWirig the name and location Of
a prohibited drug, or a of the conditions constitutin its
Subd. 6. By falsely assuming the g
title of, or falsely representing any !r.
person to be, a manufacturer,
wholesaler, warehouseman, Tj„ '~ a~(~„a~~ ~T:? ~ i'liw2~C?
pharmacist, practitioner, or other "' ~
person described in Section 4 here-
of.
Subd. •7. By making, issuing or
uttering any false or forged pre-
scription.
Section 6. Confiscation and Dis_ _____________••••_-•---•-_______---•-----__ _ ____ ______ _____
position of Prohibited Drugs. Any •~•• -• ~ - -•--~--
prohibited drugs found in the pos- columns of said newspaper, and WaS
session of any person convicted 1 the English language, once each
of a violation of this ordinance
shall be confiscated and shall be
forfeited. to the Chief of Police, VeekS; that It was first SO published
who .shall make proper and timely , ,
disposition thereof by destroying ~% ,
them. -------- day of -- -------='•--------•-••-=-•• ..........:.......
Section 7. Use of Original Con-
tainers and Labels Required. All
patients having possession of any
prohibited drugs, by lawful
prescription of practitioner while
such prohibited drugs are lawfully
in such person's possession, shall
keep such prohibited drugs in the
original container in which they
were delivered until used in ac•
cordance with such prescription,
and shall not remove the pharma-
cist's original label identifying the
prescription from 'such original
container.
Section 8. Any person violating
,.the, provisions of this ordinance
each week to and including the
•--------------•---------•----------•-•-----•------- , and that
;he lower case alphabet from A to Z,
owledged as being the size and kind
ld publication of s~notice, to-wit:
the ---•---1.~ ~.... day of ....
Notary Public, Hennepin 'County, Minn.
My Commission expires ..............................................._..--------------••---
EDWRRD VM. ppCK M4nn.
Notary Public, Hennepin ~~1972.-
tiny Commission Expires ~
7 .•
nd
Affidavit of Publication
STATE OF MINNESOTA
COUNTY OF HENNEPIN, ss
L. R. Farrington, G being duly
sworn, on oath says; that he is, and during a12 the times hexein stated
has been, one of the publishers of the newspaper known as The
Richfield News, and has full knowledge of the facts hereinafter
stated; that for more than one year prior to the publication therein
!l
c~ T"~'a? ;~r;~f~.v8 G`' 4Z?_i. ~Tn~ ?9h..n.~?_~~ C'x°•~i.r~~z2C~: Nn.
~ • ~t Qe~'~• ~aS~t~O •
th~
w,
C ra V :tile -----°.....--••---...°---°-------•---•--------•-•----•°-------•---••-•---•--•---•--------•-----------•---°•-°.._.._.....
reto attached, said newspaper was published in the Village of l?ich-
E.:
t r cu Drl r, -
r ; e term "PI'„
.. means: +
t _ nei bital and any , derivative"
a thereof; including but not lim "(
ited to the following:' diethyl
barbituric acid; any alkyl, ,.
aryl, metallic or halogenated ~
dErivative of barbituric acid;
veronal (barbitone); proponal;
• ipral; dial; neonal (soneryl);,
urinal); phantlorn; noc-
ional (which contains
ropyl-barbituric acid
~ination with amidopy.
iedianl; any prepara-
~ixture or other sub-
containing any of the
g substances.
amine and any deriva-
~reof including but not
fo-such substances as
mine, pipradol, phenmetrazine,
methylphenidate or any salt
mixture or optical , Isomer
thereof which salt mixture or
optical isomer. ;.has a stimu-
lating effect on the central
nervous system.
(c~ Chloral Hydrate (Chloral);
Chlordiazopoxide and its salts
(Librium); Diazepam (~al~-
um); Ethchlorvynol (PIaci-
dyl); Ethinamate (Valmid);
Glutethimide (Doriden); Me•
probamatea (Miltown, Equanil,
M e p r o s p a n, Meprotabs);
Methyprylon (Noludar); Par•
aldehyde.
Subd. 2. Deliver.. The term "de•
liver" means sale, offer for sale,
barter, exchange, administering,
dispensing, giving away, distribut-
ing, or supplying in any other
manner. The term deliver as here-
in defined shall include the attempt
to do such acts as well as the
a c t u a l completed commission
thereof.
Subd. ~ 3. "< Patient. The ter m
"patient" tpestt~, as the case may
be (a)- the-iridisidual for whom a
prohibited drug' , is Prescribed or
to whom a pi•olubited .drug is ad-
ministered~4r- (b) thg,rowner or
the agent the owner,of any ani•
mal for which a prohibited drug
is prescri}jed or-. Lo:°t!Yhich a pro-
"n
par .
mix
~ld, ill the County of Hennepin, State of Minnesota, on Tl-rursday of
ych week; that during all said time said newspaper has been printed
°~,~the En;glis.h language from its office of pubiicati.cn within the Vil-
le of Richfield, Hennepin C'aunty, T,Zinnesota, from which it is issued
1,aUove stated and in newspaper format and in column and sheet
+~*" , ~ 'm equivalent in space to at least 450 running inches of single col-
~ ~ z, two inches wide; has been issued as aforesaid once each week
-' 1 a known office established in said place of publication and em-
_ ~~ 'ng skilled workmen and the necessary material for preparing
rintin the same; that the
p g press work an that part of the news-
. r~ ~ s devoted to local news of interest to the community it purports
a•ve has been done in its known office of publication; that during
~ ' aid time in its makeup not less than twenty-five percent of its
'z ~ columns have been devoted to local news of interest to the com-
~ '*+'l +(,~ ty it purports to serve; that during all said time it has not
;~ ti y duplicated any other publication, and has not been entirely
al up of patents, plate matter and advertisements; has been cir-
'~ .. ' din and near its said place of publication to the extent o~f at
~ ~wo hundred and forty (240) copies regularly delivered to pay-
- bscribers and has entry as second class matter in its local post-
that acopy of each issue has been filed with the State Histori-
'~~ ~iety, St. Paul; and that there has bbeen on file in the affice~ Hof the
Auditor of Hennepin Clounty, Minnesota, the affidavit of a per-
ving knowledge of the facts, showing the name and location of
~wspaper and the existence of the conditions constituting its
' th~tions as a legal newspaper.
~, m {or
~: Met 5{adid {rorn th(~` Ja1 Nc'fiee o~' 'w1Z ~1~,. iah<-~~~~ Cr:?.r2nc~
GO
ti a koe {tn9 aid s "ne °{ t 9.0^; . Pa,~se^ .
ove: , as
fore Sq are•
the ---•--•-------------------•---•------••-•---...---._...._.......---•-----•---....._..---.....--••-•---°---•-•----
ful for any
session, pt
as herein
drug as deP.
of, except of
by a practiti~
Section 4. 1
nesses and F
of this ordin
to the follott
course of the
ness, or prof.
ever, this er
a defense to
prohibited ih
hereof
Subdivision
Subd. 2. Ph
Subd. 3. Ma
Subd. 4. P
d. I Subd. 6. Ware
m "per- Subd. 7. Persc
corpora- transporting such
ld sworn to before me the ....._.1%~~..._ day of .
.~ ~ . iii%-' ~. Y ' i ' _
Notary Pu~blic> Hennepin
_u J µ'w%. V / ~J ~.' S
< y
ya ,/~ .
._.::.:.yc.z......
Minn.
My Commission expires ..............................................._........-----_.......
EQWl~RD W. oQCK ~;rln.
Notary Public, }iennepin C~-tY1972-
My Commission Expires Apr
t ~as~a.ched was cut from the columns of said newspaper, and was
6 I end published therein in the English language, once each
ak Upl •
TN FR,iNCIS~Q„otor--..___~~Y:~_.-._. successive weeks; that it was first so published
n
One tuaY to r"aTlroe too r' '
. rt trios dal, ay, the -- -_._.•--• ~-•--- --• ---••---- day of --------~ ...__ _ ...... _
~°ttO State 'after on Thursda of each week to an'd ncludin the
miles i Galif°rrtia ~ y g
The a AgBO~iation I
- _ _ _ _ da of ................................................•-__-... and that
"` ~ d t di`roend Sort peg is a printed copy of the lower case alphabet from A to Z,
rote artd fort aoua hO ve, and 1s hereby acknowledged as being the size and kind
bb 16 capon l in the composition and publication of s otice, to-wit:
had wheel.
h d the ~ daily •
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