Ordinance 1432ORDIAA ICE I4O. H aJ
A%� OR DINAT-ICE OF THE CITY OF EDMONDS , WASHINGTON
PROVIDING TI3AT CERTAIN DANGEROUS DRUGS ='IFY BE
SOLD ONLY BY PR.ESCRIPTIOi OR ORDER, I1AKING
POSSESSION OF SAID DRUGS UIvLAr1FUL, DEFINING
UNLA:IFUL PRF.CTICES RELATING THERETO, DEEI•IING
CERTAIN PLACES PUBLIC NUISANCES RE UMVE TO
SAID DRUGS, PROVIDING FOR SEARCH AND SEIZURE
OF PERSONS, PLACES AND THINGS IN RELATION TO
SAID DRUGS, PROVIDING PEIIALTIES AND CREATING
NE1.1 CHAPTER 5.60 TO THE ED ?ONDS CITY CODE.
THE CITY COUNCIL OF TIE CITY OF EDMONDS, iJASIMIGTON
DO ORDAIN AS FOLLO11S
Section 5.60.010 Certain Drugs to Be Sold Only On
Prescription or Order- -L3F6eptions . It shall ze unlawful for
a person, firm, or cor--oration to sell, give away, barter,
exchange or distribute canna As, amytal, lurainal, veronal,
barbital, acid diethylJarbituric, or any salts, derivatives,
or compounds thereof, or any preparation or compound contain-
ing any of the foregoingor t71eir salts, deriva-
tives, or compounds, or any registered, trademarked, or
copyrighted preparation or compound registered in the United
States patent office containing more than one grain to the
avoirdupois or fluid ounce of the above substances; or to sell,
give away, barter, exchange, or distribute any amphetamine or
any dextroamphetamine, or any salts, derivatives, or compounds
thereof, or any preparation or compound containing any of the
foregoing substances, or their salts, derivatives, or compounds,
or any registered, trademarked, or copyrighted preparation or
compound registered in the United States patent office con-
taining such substances; or to sell, give away, barter,
exchange or distribute dimethyltryptamine, lysergic acid,
mescaline, peyote, psilocin, or any salts, derivatives, or
compounds thereof, or any preparation or compound containing
any of the foregoing substances, or their salts, derivatives,
or compounds, or any registered, trademarked, or copyrighted
preparation or compound registered in the United States patent
office containing such substances; or to sell, give away,
barter, exchange or distribute any drug found by federal lair
or regulation or Washington state pharmacy board regulation to
have a potential for abuse because of its depressant or stimu-
lant effect on the central nervous system or its hallucinogenic
effect; or any other drug which is required by any applicable
federal or state law or federal regulation or Washington state
pharmacy Board regulation to be used only on prescription,
except upon the written or oral order or prescription of a
physician, surgeon, dentist, or veterinary surgeon licensed to
practice in the state, and shall not be refilled without the
written or oral order of the prescriber: Provided, That the
;hove provisions shall not apply to the sale at wholesale by
drug jobbers, drug wholesalers, and drug manufacturers to
pharmacies or to physicians, dentists, or veterinary surgeons,
nor to each other, nor to the sale at retail in pharmacies by
pharmacists to each other or to physicians, surgeons, dentists
or veterinary surgeons licensed to practice in this state.
Section 5.60.020 Possession of Certain Drugs Unlawful.
It shall be unlawfu 1 for any person to possess any of the
drugs described in Section 5.60.010, as amended from time to
time, or any other drug which is required by any applicable
federal or state law or federal regulation or Washington state
pharmacy board regulation to be used only on prescription, ex-
cept upon the order or prescription of a physician, surgeon,
dentist or veterinary surgeon duly licensed to practice in the
state of Washington: Provided, However, That the above pro-
visions shall not apply to the possession by drug jobbers, drug
wholesalers and drug manufacturers, to registered pharmacists
or to physicians, der.t_sts or veterinary surgeons.
Section 9.60.030 ,)angerous Drugs--Defined--Unlawful
Practices--Contmunications Not Privileged. Dangerous drugs are
those referred to in Section 5.60.010 or any other drug which
is required by any applicable federal or state law or regula-
tion to be used only on prescription.
(1) No person shall obtain or attempt to obtain a danger-
ous drug, or procure or attempt to procure the administra-
tion of a dangerous drug, (a) by fraud, deceit, misrepre-
sentation, or subterfuge; or (b) by the forgery or
alteration of a prescription or of any written order; 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.
(2) Information communicated to a physician in an effort
unlawfully to procure a dangerous drug, or unlawfully to
procure the administration of any such drug, shall not be
deemed a privileged communication.
(3) No person shall wilfully make a false statement in
any prescription, order, report, or record, required by
this chapter.
(4) No person shall, for the purpose of obtaining a
dangerous drug, falsely assume the title of, or represent
himself to be, a manufacturer, wholesaler, apothecary,
physician, dentist, veterinarian, or other authorized
person.
(5) No person shall make or utter any false or forged
prescription or false or forged written order.
(6) No person shall affix any false or forged label to a
package or receptacle containing drugs.
Section 5.60.040 Prescriptions. A prescription, in order
to be effective in legalizifi tfle 'posse-ssloft bf . dange•rous: drugs,
must be issuad for a legitimate medical purpose by one author-
ized to prescribe the use of such dangerous drugs. An order
purporting to be a prescription issued to an addict or habitual
user of dangerous drugs, not in the course of professional
treatment is not a prescription within Cie meaning and intent
of this section; and the person who knows or should know that
he is filling such an order, as well as the person issuing it,
may be charged with violation of this chapter. A legitimate
medical purpose shall include use in the course of a bona fide
research program in conjunction with a hospital or university.
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Section 5.60.050 Dangerous Drugs --Places Deemed Public
Nuisance. Any store, shop, warehouse, dwelling house, building,
vehicle, boat, aircraft, or any place whatever, public or
private, which is resorted to by users of dangerous drugs as
defined in this chapter, or which is used for the illegal
keeping, selling, giving away or bartering of th- same, shall
be deemed a public nuisance. No person shall keep or maintain
such a public nuisance.
Section 5.60.060 Dangerous Drugs ---Unlawful Practices—
Communications Not Privileged.
(1) No person shall obtain or attempt to obtain a danger-
ous drug, or procure or attempt to procure the administra-
tion of a dangerous drug, (a) by fraud, deceit, mis-
representation, or subterfuge; or (b) by the forgery or
alteration of a prescription or of any written order; 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.
(2) Information communicated to a physician in an effort
unlawfully to procure a dangerous drug, or unlawfully to
procure the administration of any such drug, shall not be
deemed a privileged communication.
(3) No person shall willfully make a false statement in
any prescription, order, report, or record, required by
this chapter.
(4) No person shall, for the purpose of obtaining a
dangerous drug, falsely assume the title of, or represent
himself to be, a manufacturer, i-rholesaler, apothecary,
Physician, dentist, veterinarian, or other authorized
person.
(5) No person shall make or utter any false or forged
prescription or false or forged written order.
(6) No person shall affix any false or forged label to a
package or receptacle containing dangerous drugs.
Section 5.60.070 Dangerous Drugs --Search and Seizure. If,
upon the sworn complaint of any person, it shall be made to
appear to any judge of police court that there is probable
cause to believe that any dangerous drug is being used, manu-
factured, sold, bartered, exchanged, given away, furnished or
otherwise disposed of or kept in violation of the provisions
of this chapter, judge shall, with or without the approval of
the city attorney, issue a warrant directed to any peace officer
in the city, commanding him to search the premises designated
and described in such complaint and warrant, and to seize all
dangerous drugs there found, together with the vessels in which
they are contained, and all implements, furniture and fixtures
used or kept for the illegal manufacture, sale, barter, ex-
change, giving away, furnishing or others -rise disposing of such
dangerous drugs and to safely keep the same, and to make a
return of said warrant, showing all acts and things done there-
under, with a particular statement of all articles seized and
the name of the person or persons in whose possession the same
were found, if any, and if no person be found in the possession
of said articles, the returns shall so state. A copy of said
warrant shall be served upon the person or persons found in
Possession of any such dangerous drugs, furniture or fixtures
so seized, and if no person be found in the possession thereof,
a copy of said warrant shall be posted on the door of the build-
ing or room wherein the same are found, or, if there be no door,
then in any conspicuous place upon tie premises.
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Section 5.60.080 Severability. If any section, clause
or phrase of this chapter is for any reason held to be invalid
or unconstitutional, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of the
remaining portions of this chapter, it being hereby especially
declared that this chapter and each section, subsection,
sentence, clause and phrase hereof would have been prepared,
proposed, adopted, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, or
clauses thereof be declared invalid or unconstitutional.
Section 5.60.090 Penalties. Any person or persons who
shall violate or fai to comply with any of the provisions of
this chapter, or any part thereof, shall upon conviction of
said violation be punished by fine, or by imprisonment in jail,
or.byboth such fine and imprisonment as set forth in Section
5.12.110 of the Edmonds City Code.
APPROVED:
T? . .I -I . F3�ARRISOid
iAYOR
ATTEST:
IREIZE VARNEY mORI _
A4-�
CITY CLERIC
FILED WITH THE CI`^Y CLERIC: July 1, 1969
PASSED BY THE CITY COUNCIL: July 15, 1969
PUBLISHED: July 23, 1969