217555r br%inal to City Clerk
PRESENTED BY
J
ORDINANCE
COUNCIL FILE NO
Council File No. 217555 -- Ordinance No.'
t 12716 —By Robert F. Peterson —
An ordinance providing for regula -1:
Zion of the procurement, possession,1
barter, exchange, delivery an F
AlTv of barbiturates lZr et or
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RDINANCE NO.—
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'An ordinance providing for regulation of the procure -
ment,-possession, sale, barter, exchange, delivery and dis-
tribution'of barbiturates and other harmful drugs. This is
an emergency ordinance rendered necessary for the preserva-
tion of the public peace,,-health and safety.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1. Definitions:
(1) As used herein the term "drug" means:
(a) Barbital and any derivative thereof; diethylbar-
bituric acid; any alkyl, aryl, metallic or halogenated derivative
of barbiturie acid; veronal (barbitone); proponal, ipral,-dial;
neonal (soneryl); sandoptal; amytal, phenobarbital (luminal);
phandorn; noctal, allonal (which contains allylisopropylbarbituric
acid in combination with amidopyrine), medinal; any preparation,
mixture•or other substance containing any of the foregoing sub-
stances.
(b) Any drug consisting of amphetamine, desoxyephed-
rine (methamphetamine), mephentermine, pipradol, phenmetrazine,
methylphenidate or any salt, mixture or optical isomer thereof
which drug, salt, mixture or optical-isomer has a stimulating
effect on the-central nervous system, except preparations for use
in the nose and unfit for internal use.
(2) The term "delivery" means sale, dispensing, giving
away, or supplying in any other manner.
(3) The term "
patient means, as the case may be, (a) the
individual for whom a barbiturate or stimulant is prescribed or
to whom a barbiturate*or stimulant is administered, or (b) the -
owner or the agent of the owner of the animal for which a barbit-
urate or stimulant is_ prescribed or to which a barbiturate or
stimulant is administered.
(4)- The term "person" includes individual, corporation,
partnership, and association.
(5) The term "practitioner" means a person licensed by
law to prescribe and administer barbiturates or stimulants.
(6) The term "pharmacist" means a person duly registered
., with the State Board'of Pharmacy as a compounder, dispenser, and
supplier of drugs upon prescription.
Yeas Councilmen Nays Passed by the Council
Dalglish
Holland
Loss In Favor
Mortinson
Peterson Against
Rosen
Mr. President (Vavoulis)
Approved:
Attest: t'
i
City Clerk Mayor
1M 6-02 22 Form approved Corporation Counsel By
� I
r
original to City Clerk
ORDINANCE
PRESENTED BY
COUNCIL FILE NO.
ORDINANCE NO.
the time of the next revision of said Legislative Code.
Section q.' This ordinance is hereby declared to be an
emergency ordinance rendered necessary for the preservation of
the public peace, health, and safety.
Section 10. This ordinance shall take effect and be in
force upon its passage, approval and publication.
Yeas Councilmen Nays
Dalglish
Holland
Loss
Mortinson O
Peterson
Rosen
Mr. President (V voulis)
Attest:
! City Clerk
IM �z zz Form approved Corporation Counsel By
0
MAY 11964
Passed by the Council
Favor i
a
Against
as nV 1 1964 1
I
(7) The term "prescription" means a written or oral order
by a practitioner to a.pharmacist for a barbiturate or stimul
for a' particular patient, which specifies-the date of its issue, ant
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 barbiturate or stimulant 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 barbitu-
rate or stimulant must be promptly reduced to writing by the phar-
macist. '
(8 The term "manufacturer" means
) persons "other than i
pharmacists who manufacture barbiturates or stimulants, and includes
persons who prepare, such drugs in dosage forms by' mixing, compound-
ing, encapsulating, entableting, or other process.
(9) The term "wholesaler" means persons engaged in the
business of'distributing barbiturates or stimulants to persons in4
cluded in any of the classes named in Section 3.
(10) The term "warehouseman" means persons who store bar-
biturates or stimulants for others and who /have no control over
the -- disposition of such barbiturates or stimulants except for the
purpose of such storage.
Section 2. -It is unlawful for ar'�p person,-firm or corpora-
tion to have in his .,,or its possession, or to sell, give away, - --
barter, exchange, deliver, or distribute any of the drugs speci-
fied in Section 1 hereof, except on a written or oral prescription
by a practitioner lawfully authorized to practice his profession.
ing:
Section 3. This ordinance shall not apply to the follow-
(e;
C
d
e,
)
(g)
Practitioners.
Pharmacists when duly licensed by the State of
Minnesota. ;
Manufacturers.
Pharmacists as manufacturers.
Common carriers or warehousemen engaged in law-
fully transporting or storing such harmful drugs.
Public officers or employees in the performance"
of official duties"requiring possession or con-
trol of such drugs, or persons aiding such officers
or employees in the performance of such duties. _(
Any patient in accordance with the'terms of a pre-
scription and prescribed treatment.
2.
(h) Persons who procure such drugs for the purpose
_ of lawful-research, teaching or testing, and
not for sale.
(i) Lawfully licensed and registered hospitals or
bonafide institutions wherein sick or injured -
persons are cared for and treated or by a bona -
fied hospital for the treatment of animals.
Section 4. "Any•such drugs in the possession of any person l
convicted of a violation of this ordinance shall be confiscated •- 1
and forfeited to the Chief of Police who shall make proper disposi-
tion thereof. +
Section 5: It is unlawful for any person to procure, possess
or have in his control or possession, or attempt the sale of a pro - j
hibited drug,,
(a) by fraud, deceit, misrepresentation or subterfuge,
or
(b) by the forgery or alteration of a prescription,
or
• c by the concealment of a-material fact, or
d by the use of a false name or the giving of a
false address., or
(e) by making "a false statement in any prescription,
order report, or record referred to in this chapter,
or
(f) by falsely assuming the title of.-or falsely repre- ;-
_ sentirig any person to be, a manufacturer,'wholesaler,
pharmacist, or practitioner for the purpose of ob-
taining a, prohibited drug, or-
(g) by making, issuing or uttering any false or forged
prescription. '
Section 6. No person shall have in his possession any of ,'
the drugs mentioned in Section 1 hereof except by lawful-prescription
of a practitioner, and while iii such person's possession, same shall
be kept in the original container in which purchased.
Section 7. Any person violating the terms of this ordinance
shall, upon conviction therefor, be punished by a fine of -not more
than $100.00 or by imprisonment for not more than 90 days
Section'8. This ordinance shall
City of Sairit 'Paul Legislative Code and
and given an appropriate chapter number
3.
be deemed a part of the
shall be incorporated therein
and /or section number at
I
i
71
1st 11, � � ., - ' ., a 2nd
Laid over to I
Ir
3rd and app. 1 `1 Adopted ✓� / h
Yeas Nays Yeas Nays
\Dalglish Dalglish
�olland - Holland
\Loss
Mortinson
�eterson
\Rosen
Mr. President Vavoulis
Loss
Martinson %1
Peterson . V
Rosen
�- Mr. President VavouI*
� F -
PUBLISHED J