81-8832 Controlled SubstanceE NUMBER 81-8832
(Published in The Salina Journal _ ', ti. ,, 3 1981)
AN ORDINANCE RELATING TO DRUGS, DEFINING CERTAIN TERMS RELATED THERETO
AND REGULATING DISPLAY OR SALE OF INSTRUMENTS USED FOR INHALING OR INGESTING
CERTAIN CONTROLLED SUBSTANCES AND REGULATING THE DISPLAY AND SALE OF SIMULATED
DRUGS AND SIMULATED CONTROLLED SUBSTANCES; CONTROL OF INSTRUMENTS USED FOR
INHALING OR INGESTION OF CONTROLLED SUBSTANCES OR DRUGS AND CONTROL OF SIMULATED
DRUGS AND SIMULATED CONTROLLED SUBSTANCES.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas, has
determined and hereby finds that a problem exists within its territorial limits
involving the exposure of children of elementary, junior high school and high
school age to the use of drugs and controlled substances other than as authorized
by law; and
WHEREAS, the Board of Commissioners of the City of Salina, Kansas, has
determined and hereby finds that the display and availability for sale of certain
instruments hereinafter enumerated and simulated drugs and simulated controlled
substances by the youth of the community by creating an atmosphere of apparent
condonation by the community; and
WHEREAS, the promotion and sale of products containing substances
which may be harmless and inert in themselves, but which are packaged or
designed to simulate controlled substances or drugs, are harmful in that they
promote and encourage entry into the drug culture and foster respectability for
drug use and abuse; and
Section 1. That the Salina Code is hereby amended by adding the
following sections:
"Section 6-90. Definitions
As used in this article:
A. "Controlled substance" means any drug or substance included
in Schedules I through V of the Uniform Controlled Substances
Act found in Chapter 65, Article 41 of the Kansas Statutes
Annotated.
B. "Drug" means:
1. Substances recognized as drugs in the official
United States pharmacopoeia, official homeopathic
pharmacopoeia of the United States or official
national formulary or any supplement to any of them;
2. Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in
man or animals;
3. Substances (other than food) intended to affect the
structure or any function of the body of man or
animals; and
4. Substances intended for use as a component of any
article specified in clause (1), (2) or (3) of this
subsection. It does not include devices or their
components, parts or accessories.
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
deems it
to be in the best
interests of the health, safety and welfare of its
youth to
make the use and
abuse of drugs and controlled substances difficult by
limiting
the availability
of necessary instruments within the City;
NOW, THEREFORE,
BE IT ORDAINED by the Board of Commissioners of the
City of
Salina, Kansas:
Section 1. That the Salina Code is hereby amended by adding the
following sections:
"Section 6-90. Definitions
As used in this article:
A. "Controlled substance" means any drug or substance included
in Schedules I through V of the Uniform Controlled Substances
Act found in Chapter 65, Article 41 of the Kansas Statutes
Annotated.
B. "Drug" means:
1. Substances recognized as drugs in the official
United States pharmacopoeia, official homeopathic
pharmacopoeia of the United States or official
national formulary or any supplement to any of them;
2. Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in
man or animals;
3. Substances (other than food) intended to affect the
structure or any function of the body of man or
animals; and
4. Substances intended for use as a component of any
article specified in clause (1), (2) or (3) of this
subsection. It does not include devices or their
components, parts or accessories.
C. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled
substance, whether or not there is an agency relationship.
D. "Dangerous drug" means one that is unsafe for use except
under the supervision of a practitioner because of its
toxicity or other potentiality for human effect, method
of use, or collateral measures necessary to use; "Dangerous
Drugs" shall include all other drugs or compunds,
preparations or mixtures thereof which the State Board of
Health shall find and declare by rule or regulation duly
promulgated after reasonable public notice and opportunity
for hearing to have a dangerous hallucinogenic hypnotic,
somnafacient or stimulating effect of the body of a human
or animal.
E. "Marijuana" means all parts of all varieties of the plant
Cannabis, whether growing or not, the seeds thereof, the
resin extracted from any part of the plant and every
compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or resin. It does
not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the
plant, or any other compound, manufacture, salt, derivative,
mixture or preparation of the mature stalks, except the
resin extracted therefrom, fiber, oil, or cake or the
sterilized seed of the plant which is incapable of
germination.
I. By a practioner or his agent pursuant to a lawful
order of a practitioner as an incident to his
administering or dispensing of a controlled
substance in the course of his professional
practice; or
2. By a practitioner or by his authorized agent under
his supervision for the purpose of or as an incident
to research, teaching or chemical analysis or by a
pharmacist or hospital as an incident to his or to
its dispension of a controlled substance.
G. "Patient" means as the case may be:
1. The individual for whom a drug is prescribed or to
whom a drug is administered; or
2. The owner or the agent of the owner of the animal
for which a drug is prescribed or to which a drug
is administered; provided, that the prescribing or
administering referred to in 1 and 2 of this
subsection is in good faith and in the course of
professional practice only;
H. "Person" means individual, corporation, government, or
governmental subdivision or agency, business trust,
estate, trust, partnership or association or any other
legal entity.
F. "Manufacture" means the production, preparation,
propogation, compounding, conversion or processing of a
controlled substance either directly or indirectly by
extraction from substances of natural origin or
independently by means of chemical synthesis or by a
combination of extraction and chemical synthesis and
includes any packaging or repackaging of the substance or
labeling or relabeling of its container, except that this
term does not include the preparation or compounding of a
controlled substance by an individual for his own use or
the preparation, compounding, packaging or labeling of a
controlled substance.
I. By a practioner or his agent pursuant to a lawful
order of a practitioner as an incident to his
administering or dispensing of a controlled
substance in the course of his professional
practice; or
2. By a practitioner or by his authorized agent under
his supervision for the purpose of or as an incident
to research, teaching or chemical analysis or by a
pharmacist or hospital as an incident to his or to
its dispension of a controlled substance.
G. "Patient" means as the case may be:
1. The individual for whom a drug is prescribed or to
whom a drug is administered; or
2. The owner or the agent of the owner of the animal
for which a drug is prescribed or to which a drug
is administered; provided, that the prescribing or
administering referred to in 1 and 2 of this
subsection is in good faith and in the course of
professional practice only;
H. "Person" means individual, corporation, government, or
governmental subdivision or agency, business trust,
estate, trust, partnership or association or any other
legal entity.
I. "Pharmacist" means any individual currently licensed by
the board to practice the profession of pharmacy in this
state.
J. "Practitioner" means a physician (M.D. or D.O.), dentist,
podiatrist, veterinarian, scientific investigator or
other person licensed, registered or otherwise authorized
by law to administer and prescribe, use in teaching or
chemical analysis, or conduct research with respect to a
controlled substance in the course of professional practice
and research.
K. "Production" includes the manufacture, planting, cultivation,
growing or harvesting of a controlled substance.
L. "Prescription" means a written order, and in cases of
emergency, a telephone order, issued by a practitioner in
good faith in the course of his professional practice to
a pharmacist for a drug for a particular patient, which
specifies the date of its issue, the name and address of
the patient (and, if such drug is prescribed for an
animal, the species of such animal), the name and quantity
of the drug prescribed, the directions for use of such
drug, and the signature of such practitioner.
M. "Somnifacient" and "stimulating" have the meaning attributable
in standard medical lexicons.
N. "Warehouseman" means a person who, in the usual course of
business, stores drugs for others lawfully entitled to
posess them and who has no control over the disposition
of such drugs except for the purpose of such storage.
0. "Wholesaler" means a person engaged in the business of
distributing drugs to persons engaged in the retail sale
thereof.
P. "Instrument" means a device designed for use, or intended
for use in ingesting, smoking, administering or preparing
marijuana, cocaine, phencycledine, opium or any derivative
thereof, or any other controlled substance.
For purposes of this subsection, the phrase "intended for
use" shall refer to the intent of the person selling,
offering to sell, dispensing, giving away or displaying
the instrument herein defined.
In determining whether an item constitutes an "instrument",
a court may consider the following:
(a) Whether a person or business establishment charged
with violating this section is a licensed distributor
or dealer of tobacco products under Chapter 79,
Article 33 of the Kansas Statutes Annotated.
(b) Expert testimony as to the principal use of the
devices, articles or contrivances claimed to be
instruments.
(c) Evidence concerning the total business of a person
or business establishment and the type of devices,
articles, contrivances or items involved in the
business.
(d) National and local advertising concerning the use of
the devices, articles, or contrivances claimed to be
instruments.
(e) Evidence of advertising concerning the nature of the
business establishments.
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Q. "Minor" shall mean any person who has not attained 18
years of age.
R. "Premises open to minors" means any business establishment
which sells its wares or merchandise to minors or which
permits minors to enter into its place of business.
S. "Simulated drugs" and "simulated controlled substances"
are any product which identify themselves by using a
common name or slang term associated with a controlled
substance or indicate by label or accompanying promotional
material that the product simulates the effect of a
controlled substance or drug.
T. "Place of display" means any museum, library, school or
other similar public place upon which business is not
transacted for a profit.
U. "School" means any public or private elementary, junior
high, or high school.
V. "Close proximity" means within 500 feet of a stright line
commencing at the property lines nearest to each other.
W. "Premises" means a business establishment and the structure
of which it is a part and facilities and appurtenances
therein and grounds, areas and facilities held out for
the use of patrons.
"Section 6-91. Control of instruments used for inhaling or
ingestion of controlled substances or drugs
and control of simulated drugs and simulated
controlled substances.
Sec. 6-91(1). SaZe and dispZay prohibited. It shall be unlawful
for any person, firm or corporation to sell, offer to sell, dispense,
give away or display any instrument or simulated controlled substance
or simulated drug in or upon any premises which: (a) are premises open
to minors, unless the instruments, simulated controlled substances or
simulated drugs are kept in such part of the premises that is not open
to view by minors and to which minors do hot have access; or (b) are
in close proximity to a school. Provided, however, that display of
any such items at a place of display for educational or scientific
purposes shall not be unlawful.
Sec. 6-91(2). Nuisance. In addition to any penalty authorized
by Section 1-8 of The Salina Code, a violation of Section 6-91 is
hereby declared to be a public nuisance.
"Section 6-92. Misrepresentation of aqe or display of false
identification in order to view or purchase
certain instruments used for inhaling or
ingesting certain controlled substances or
simulated drugs and simulated controlled
substances by certain persons.
Sec. 6-92(1). Misrepresentation of age prohibited. It shall be
unlawful for a minor to represent that he or she is of the age of
eighteen (18) years or over for the purpose of viewing, asking to
view, purchasing, or obtaining by any means any instrument used for
inhaling or ingesting certain controlled substances or simulated drugs
or simulated controlled substances from any person whatsoever.
Sec. 6-92(2). Display or presentation of false identification
prohibited. It shall be unlawful for a person to display or present
any false identification of any kind or nature which purports to show
or represent that he or she is of lawful age for the purpose of
viewing, purchasing or obtaining by any means any of the instruments
or simulated drugs or simulated controlled substances described in the
immediately preceding section to or from any person whatsoever.
"Section 6-93. Attempting to purchase and/or possession of
certain instruments used for inhaling or
ingesting certain controlled substances or
simulated drugs and simulated controlled
substancesyb certain persons.
Sec. 6-93(1). Attempting to purchase and/or posession by minors
prohibited. It shall be unlawful for a minor to attempt to purchase,
or to possess any instrument used for inhaling or ingesting certain
controlled substances or to attempt to purchase, or to possess any
simulated drug or simulated controlled substance from any person
whatsoever."
Section 2. Repeal. Any existing ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 3. Take effect. This ordinance shall take effect and be in
force from and after its adoption and publication in the official city newspaper.
(SEAL)
ATTEST:
D. L. Harrison, City Clerk
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Introduced: January 19, 1981
Passed:_ January 26, 1981
Z -1A
Dan S. Geis, Mayor