Municipal Code
CHAPTER 624 Drugs
624.01 Possession, sale, etc., prohibited.
624.02 Possessing or dispensing by authorized persons.
624.03 Possession of hypodermic syringes, needles, etc.
624.04 Sale or furnishing of hypodermic syringes,
needles, etc.
624.05 Fraud and deceit in obtaining drugs, syringes,
etc.
624.06 Fraud and deceit in sale, etc., of drugs.
624.07 Exceptions.
624.08 Use or addiction prohibited; commitment.
624.09 Loitering about or frequenting places where drugs
or drug implements are used or kept.
624.99 Penalty.
CROSS REFERENCES
Drugs and medicine generally - see M.C.L.A. 335.1 et
seq.
Marihuana - see M.C.L.A. 335.4, 335.59, 335.151 et seq.
Purchase by municipal officers and employees - see
M.C.L.A. 335.55
Alcoholic liquor generally - see GEN. OFF. Ch. 610
624.01 POSSESSION, SALE, ETC., PROHIBITED.
No person shall possess, sell, offer for sale,
distribute, administer, dispense, prescribe or give away
any narcotic, narcotics or narcotic drugs as defined in
Act 343 of the Public Acts of 1937, as amended, or any
of the hypnotic or dangerous drugs prescribed in Act 204
of the Public Acts of 1943, as amended, provided that
nothing contained in this section shall be deemed to
prohibit the possession, sale, offer for sale,
distributing, administering, dispensing or prescribing
of any of the drugs or their derivatives provided for in
this chapter in the manner and under such circumstances
provided for in this chapter.
(Ord. 30. Passed 5-12-69.)
624.02 POSSESSING OR DISPENSING BY AUTHORIZED PERSONS.
A manufacturer, wholesaler, apothecary, medical doctor,
osteopathic physician, dentist, veterinarian,
chiropodist or public or private hospital, sanitarium or
institution maintained or conducted in whole or in part
for the treatment of disability, disease, inebriety or
drug addiction may purchase, receive, possess, sell,
distribute, prescribe, administer or dispense the
narcotic and dangerous drugs provided for in Section
624.01. However, he, she or it shall have complied with
all provisions as required by the United States Internal
Revenue Code, as amended, and Act 343 of the Public Acts
of 1937, as amended, and Act 204 of the Public Acts of
1943, as amended. Further, no medical doctor,
osteopathic physician or other person specified in this
section who is in any manner authorized to prescribe
narcotic or dangerous drugs shall prescribe such drugs
for his or her own use, nor shall any druggist honor
such a prescription. Further, all narcotic or dangerous
drugs obtained pursuant to this section shall be kept in
the original package or container in which they were
received, provided that this requirement should not be
construed to apply to any duly licensed medical doctor,
osteopathic physician, dentist, veterinarian or
chiropodist, nor to any authorized person acting
directly under their supervision or control.
(Ord. 30. Passed 5-12-69.)
624.03 POSSESSION OF HYPODERMIC SYRINGES, NEEDLES, ETC.
No person shall at any time have or possess a hypodermic
syringe or needle or any other instrument or implement
adapted for the use of narcotic or dangerous drugs by
subcutaneous or intracutaneous injection or any other
manner or method of introduction and which is possessed
for that purpose, unless such possession is authorized
by the certificate of a licensed medical doctor or
osteopathic physician issued within one year. However,
the prohibition contained in this section shall not
apply to manufacturers, wholesalers, jobs, licensed
medical technicians, technologists, nurses, hospitals,
research teaching institutions, clinical laboratories,
medical doctors, osteopathic physicians, dentists,
chiropodists, veterinarians, pharmacists and embalmers
in the normal legal course of their respective business
or profession, nor to persons suffering from diabetes,
asthma or any other medical condition requiring self
injection.
(Ord. 30. Passed 5-12-69.)
624.04 SALE OR FURNISHING OF HYPODERMIC SYRINGES,
NEEDLES, ETC.
No person shall sell, furnish, supply or give away any
empty gelatin capsules, hypodermic syringe or needle or
other instrument or implement adapted for the use of
narcotic or dangerous drugs by subcutaneous or
intracutaneous injection or any other manner or method
of introduction to any person known to be a nonmedical
habitual user of narcotic or dangerous drugs.
As used in this section, "nonmedical habitual user of
narcotic or dangerous drugs" means any person who uses
narcotic or dangerous drugs merely to satisfy a craving
for such drugs and who does not have a legitimate
medical need for narcotics or dangerous drugs. (Ord. 30.
Passed 5-12-69.)
624.05 FRAUD AND DECEIT IN OBTAINING DRUGS, SYRINGES,
ETC.
Any fraud, deceit, misrepresentation, subterfuge,
concealment of a material fact, use of a false name or
giving of a false address for the purpose of obtaining
any narcotic or dangerous drugs or barbituric acid or
any derivation, compound, preparation or mixture
thereof, any hypodermic syringe or needle or other
instrument or implement, any empty gelatin capsules, or
any prescription blank, shall be deemed a violation of
this chapter. No person who shall have lawfully obtained
any narcotic or dangerous drugs, hypodermic syringes,
needles or other instruments or implements adapted for
the use of such drugs, or empty gelatin capsules, shall
use the same or permit or authorize their use for any
purpose other than that specifically authorized in the
prescription or order by means of which such possession
was obtained.
(Ord. 30. Passed 5-12-69.)
624.06 FRAUD AND DECEIT IN SALE, ETC. OF DRUGS.
Any fraud, scheme, device, trick, deceit,
misrepresentation, subterfuge or any other form of
concealment, for the purpose of obtaining money or any
other thing of value by the sale, furnishing, supplying
or giving away of any substance represented to be a drug
as described in Section 624.01, whether the same is in
fact such a drug or not, shall be deemed to be a
violation of this chapter.
(Ord. 30. Passed 5-12-69.)
624.07 EXCEPTIONS.
The provisions of this chapter restricting the
possession of narcotic or dangerous drugs or barbituric
acid or any derivative, compound, preparation or mixture
thereof, or hypodermic syringes, needles or other
implements or instruments adapted to the use of such
drugs by means of subcutaneous or intracutaneous
injection or any other manner or method of introduction,
or empty gelatin capsules, shall not apply to common
carriers or warehousemen or their employees engaged in
the lawful transportation or storage of such drugs,
syringes, needles or capsules, to public officials or
employees while engaged in the performance of their
official duties, or to temporary incidental possession
on the part of employees or agents of persons lawfully
entitled to possession. (Ord. 30. Passed 5-12-69.)
624.08 USE OR ADDICTION PROHIBITED; COMMITMENT.
No person shall unlawfully use or be addicted to the
unlawful use of narcotic or dangerous drugs or their
derivatives or barbituric acid or derivatives, mixtures,
compounds or preparations thereof. Any such unlawful use
or addiction shall be deemed a violation of this
section. Any nonmedical habitual user of narcotic or
dangerous drugs, as defined in Section 624.04, who shall
make voluntary application to the Judge of the District
Court, may, upon the presentment of a certificate
executed by a practicing physician in the State of
Michigan stating that he or she is a nonmedical habitual
user of narcotic or dangerous drugs, be committed, at
the discretion of the Court, to any correctional or
charitable institution, hospital, sanitarium or
institution authorized for the treatment of disease,
inebriety or drug addiction. Whenever the medical
officer or head of such institution shall certify to the
committing Judge or Court that any person so committed
has been sufficiently treated, or gives any other reason
which is deemed by such Judge or Court to be adequate
and sufficient, the Court may, in accordance with the
terms of commitment, discharge the person so committed
or return him or her to await further action of the
Court.
Any addicted person who does not make voluntary
application for treatment as provided in this section
shall be deemed to be in violation of this section.
(Ord. 30. Passed 5-12-69.)
624.09 LOITERING ABOUT OR FREQUENTING PLACES WHERE DRUGS
OR DRUG IMPLEMENTS ARE USED OR KEPT.
No person shall knowingly loiter about, frequent or live
in any building, apartment, store, automobile, boat,
boathouse, airplane or other place of any description
whatsoever where narcotic or dangerous drugs, hypodermic
syringes, needles or other instruments or implements or
empty gelatin capsules are used, sold, dispensed,
furnished, given away, stored or kept illegally.
(Ord. 30. Passed 5-12-69.)
624.99 PENALTY.
(EDITOR'S NOTE: See Section 202.99 for general Code
penalty if no specific penalty is provided.)
