[HISTORY: Adopted by the City Council of the City of Rockwood as Ch. 620 of the 1989 Codified Ordinances. Amendments noted where applicable.]
Liability for emergency response expenses if under the influence of controlled substance — See Ch. 69, § 69-2.
Driving under the influence of controlled substances — See Ch. 242, Section 515.
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, 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.
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.