[HISTORY: Adopted by the City Council of the City of Rockwood
as Ch. 620 of the 1989 Codified Ordinances. Amendments noted where
applicable.]
As used in this chapter, controlled substance and narcotic drug
have the meanings given to those terms in MCLA 333.7104 and 333.7107,
as amended.
[Amended 9-6-2000 by Ord. No. 380]
No person shall manufacture, administer, deliver, possess, use,
distribute, prescribe or dispense any controlled substance or controlled
substance analogue, unless the substance was obtained directly from,
or pursuant to, a valid prescription or order of a practitioner while
acting in the cause of the practitioner's professional practice,
except as authorized by this chapter or state law. Under this section,
the term "use" shall include admission to recent consumption of illegal
controlled substances and/or having tested positively for the illegal
controlled substance in the body.
A.
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 controlled substances by subcutaneous injection, 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 a period of one year. The prohibition contained in this
subsection shall not apply to manufacturers, wholesalers, jobbers,
licensed medical technicians, technologists, nurses, hospitals, research
teaching institutions, clinical laboratories, medical doctors and
embalmers in the normal legal course of their respective businesses
or professions, nor to persons suffering from diabetes, asthma or
any other medical condition requiring self-injection.
B.
No person shall deliver, furnish, supply or give away any empty gelatin
capsule, hypodermic syringe or needle or other instrument or implement
adapted for the use of controlled substances by subcutaneous injection,
intracutaneous injection or any other manner or method of introduction
to any person known to be a nonmedical habitual user of controlled
substances. For the purpose of this subsection, "nonmedical habitual
user of controlled substances" means any person who uses controlled
substances merely to satisfy a craving for such drugs and who does
not have a legitimate medical need for controlled substances.
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 controlled substances,
hypodermic syringes or needles, other instruments or implements or
empty gelatin capsules are manufactured, administered, delivered,
possessed, distributed, prescribed, dispensed, stored or kept illegally.
When any person who has not previously been convicted of an
offense under this chapter or under any statute of the state, the
United States or any other state relating to narcotic drugs, coca
leaves, marijuana or stimulant, depressant or hallucinogenic drugs,
pleads guilty to or is found guilty of possession or use of a controlled
substance under § 59-2, the court, without entering a judgment
of guilt and with the consent of the accused, may defer further proceedings
and place him or her on probation upon terms and conditions. Upon
violation of such a term or condition, the court may enter an adjudication
of guilt and proceed as otherwise provided. Upon fulfillment of the
terms and conditions, the court shall discharge the person and dismiss
the proceedings against him or her. Discharge and dismissal under
this section shall be without adjudication of guilt and is not a conviction
for purposes of this section or for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime, including
the additional penalties imposed for second or subsequent offenses
under any other law of the city, the state, the United States or any
other state. There may be only one discharge and dismissal under this
section with respect to any person.
