10.21 - Prohibited Drugs
9 10.21
Section 10.21: Prohibited Drugs
Subdivision 1. Definitions
The following terms, as used in this Section, shall have the meanings stated:
A. 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.
B. 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.
C. Practitioner: means a person currently licensed in the State of Minnesota to
prescribe and administer any of the prohibited drugs as defined above.
D. Pharmacist: means a person currently licensed in the State of Minnesota as
a registered pharmacist.
E. Prescription: means a written or oral order by a practitioner to a pharmacist
for a prohibited drug.
F. Manufacturer: means persons other than pharmacists who lawfully prepare
drugs in dosage forms by mixing, compounding, encapsulating, entableting,
or other process.
G. Wholesaler: means persons lawfully engaged in the business of distributing
prohibited drugs to persons included in any of the classes named in
Subdivision 3 of this Section.
H. Warehouseman: means persons who lawfully store prohibited drugs, for
others and who have no control over the disposition of such drugs or
stimulants except for the purpose of such storage.
1. Other terms as defined in Minnesota Statutes, Sections 152.01 and 152.02.
Subdivision 2. Unlawful Possession, Delivery or Purchase
It is unlawful for any person to have in possession, purchase or to deliver any
prohibited drug except on a lawful prescription by a practitioners or as a
manufacturer, wholesaler or warehouseman.
Golden Valley City Code
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S 10.21
Subdivision 3. Excepted Lawful Businesses and Professions
This Section shall not apply to the following in the ordinary course of their trade,
business, or profession: practitioners; pharmacists; manufacturers; pharmacists as
manufacturers; wholesalers; warehouseman; persons engaged in transporting such
prohibited drugs as agent or employee of a practitioner, pharmacist, manufacturer,
warehouseman, wholesaler, common carrier; 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; any patient as herein defined with respect to procuring, possession and use
of a prohibited drug in accordance with the terms of a prescription and prescribed
treatment; persons who procure, possess or use such drugs for the purpose of
lawful research, teaching or testing, and not for sale; or, lawfully licensed and
registered hospitals or bona fide institutions wherein sick or injured persons are
cared for and treated, or by bona fide hospitals for the treatment of animals.
Subdivision 4. Unlawful Procuring, Purchase, Delivery or Possession
It is unlawful for any person to attempt to possess or have in control or possession,
purchase, or deliver a prohibited drug in any of the following manners: (1) by
fraud, deceit, misrepresentation or subterfuge; or, (2) by the forgery or alteration
of a prescription; or, (3) by the concealment of a material fact; or, (4) by the use of
a false name or the giving of a false address; or, (5) by making a false statement in
any prescription, order, report, or record relative to a prohibited drug; or, (6) by
falsely assuming the title of, or falsely representing any person to be a
manufacturer, wholesaler, warehouseman, pharmacist, practitioner or other
person; or (7) by making, issuing or uttering any false or forged prescription.
Subdivision 5. Confiscation and Disposition of Prohibited Drugs
Any prohibited drugs found in the possession of any person convicted of a violation
of this Section shall be confiscated and shall be forfeited to the Director of Public
Safety who shall make proper and timely disposition thereof by destroying the
same.
Subdivision 6. 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 person's possession,
shall keep such 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 identifying the prescription from such original container.
Source: City Code
Effective Date: 6-30-88
Golden Valley City Code
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