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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. -2- 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. -3- 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