[HISTORY: Derived from Ch. 11, Art. 2, of
the prior Code. Amendments noted where applicable.]
As used in this chapter:
Distribute, leave with, give away, dispose of or deliver.
Includes any of the following:
Any hallucinogenic, including but not limited
to LSD, peyote, mescaline, psilocybin, DMT, STP and any other mind
affecting drug:
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.
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.
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.
