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.
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.
A violation of any provision of this chapter shall be a misdemeanor,
punishable as provided in Chapter
1, General Provisions, Article
I.
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.