Town of Milton, DE
Sussex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 11, Art. 2, of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 59.
Conduct and morals — See Ch. 98.
As used in this chapter:
DISPENSE
Distribute, leave with, give away, dispose of or deliver.
DRUG or DANGEROUS DRUG
Includes any of the following:
A. 
Any hallucinogenic, including but not limited to LSD, peyote, mescaline, psilocybin, DMT, STP and any other mind affecting drug:
B. 
Any barbital, including the salts of barbituric acid, also known as "malonylurea," or any derivative or compound or any preparations or mixtures thereof containing more than 10 grains to the avoirdupois or fluid ounce of the substance.
C. 
Any hypnotic or somnifacient drugs, including sulfonethylmethane (trional) or sulphonmethane (sulphonal) or diethyl-sulphone, diethyl-methal (treronal) or paraldehyde or any derivative or compound, or any preparation of mixture containing more than 10 grains to the avoirdupois or fluid ounce of the substances and chloral or chloral hydrates, or chlorobutanol, or any compounds or mixtures thereof containing more than 10 grains to the avoirdupois or fluid ounce of the substances which such chloral or chloral hydrates or chlorobutanol, or compounds, or mixtures thereof, are to be used internally.
SELL
Includes barter, exchange, or gift or offer therefor and such transaction made by any person.
No person shall have upon his person or in his possession any drug except as otherwise provided in this chapter.
A. 
No person shall possess, sell, offer for sale, distribute, administer, dispense, prescribe or give away any drug as defined in § 111-1.
B. 
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 in the manner and under such circumstances provided elsewhere in this chapter or state or federal law.
For the purposes of this chapter, the possession, sale or dispensing of each pill, capsule, tablet, syringe or package or container of other than pills, capsules or tablets shall constitute a separate and distinct offense.
A. 
A manufacturer, wholesaler, apothecary, medical doctor, osteopathic physician, dentist, veterinarian, chiropodist, 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, administer or dispense the narcotic and dangerous drugs described in § 111-1, provided they shall have complied with all provisions as required by the United States Internal Revenue Code, as the same now exists as required by the United States.
B. 
No medical doctor, osteopathic physician or other person specified in this section in any manner authorized to prescribe narcotic or dangerous drugs shall prescribe such drugs for his own use, nor shall any druggist honor such a prescription.
C. 
All narcotic or dangerous drugs obtained pursuant to this section shall be kept in the original package or container in which there were received, provided that this subsection shall not be construed to apply to any duly licensed medical doctor, osteopathic physician, dentist, veterinarian, or chiropodist, or to any authorized person acting directly under their supervision or control.
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 injection 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 the period of one year, provided that the prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, 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.
[State law reference: As to possession of syringes, see 16 Del. C. § 4757 (1953).]
Any fraud, deceit, misrepresentation, subterfuge, concealment of a material fact, or the use of a false name, or the giving of a false address for the purpose of obtaining any narcotic or dangerous drugs or barbituric acid or any derivative, compound, preparation or mixture thereof, or hypodermic syringe or needle or other instrument or implement or empty gelatin capsules or false statement or any prescription blank shall be deemed a violation of this section. No person who shall have obtained the possession of any narcotic or dangerous drugs, hypodermic syringes, needles or other instruments or implements adapted for the use of such drugs or empty gelatin capsules pursuant to the terms of this section shall use the same or permit or authorize their use for any purpose other than that specifically in the prescription or order by means of which such possession was obtained.
No person shall use, possess or have under his or her control any blank prescription pads, or any false, forged or altered prescriptions.
The provisions of this chapter restricting the possession of narcotic or dangerous drugs or barbituric acid or any derivative, compound, preparation, or mixture thereof of hypodermic syringes, needles or other implements or instruments adapted to the use of such drugs by means of subcutaneous injection 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 or to public officers or employees while engaged in the performance of their official duties nor to temporary incidental possession on the part of employees or agents of persons lawfully entitled to possession.
All empty gelatin capsules, hypodermic syringes or needles, or any other instrument or paraphernalia adapted for use with narcotic or other dangerous drugs or subcutaneous or intracutaneous injection, or any other method, blank prescriptions, blank prescription pads, and forged or altered prescriptions kept, stored, possessed, used, controlled, sold, or offered for sale, supplied, furnished, given, accepted, bought or received, contrary to the provisions of this chapter are hereby declared forfeited to the Town and shall be disposed of according to the law.
In any action or proceeding brought for the enforcement of any provision of this chapter, it shall not be necessary to negate any exception, excuse or proviso. The burden of proof of any such exception, excuse or proviso shall be upon the accused.
A. 
Any person who shall violate the provisions of this chapter shall be fined not less than $50 nor more than $500.
B. 
For the purpose of this chapter, each day that a violation continues shall be deemed to be a separate offense.
C. 
The application of any penalty set forth herein shall not be held to prevent the enforced removal of any prohibited condition.