[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-28-1984 by Ord. No. 895 as Ch. 109 of the 1984 Code.]
It shall be unlawful for any person to possess, sell, offer for sale, distribute, administer, dispense, prescribe or give away any controlled substance as defined under the laws of the State of Michigan, hereafter referred to as "controlled substances," provided that nothing contained in this section shall be deemed to prohibit the possession, sale, offering for sale, distributing, administering, dispensing or prescribing of any of such controlled substances mentioned in this section in the manner and under such circumstances as provided in this article.
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 addition may purchase, receive, possess, sell, distribute, prescribe, administer or dispense the controlled substances described in § 109-1, provided that he, she or they shall have complied with all provisions as required by the United States Internal Revenue Code, as the same now exists or may be hereafter amended, and the laws of the State of Michigan, as such law have been or shall hereafter be amended, and provided further that no medical doctor, osteopathic physician or other person specified in this section in any manner authorized to prescribe controlled substances shall prescribe the same for his or her own use, nor shall any druggist honor such a prescription, and provided further that all controlled substances obtained pursuant to this section shall be kept in the original package or container in which they were received, and provided further that this requirement should not be construed to apply to any duly licensed medical doctor, osteopathic physician, dentist, veterinarian or chiropodist or to any authorized person or persons 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 controlled substances 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 or 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.
It shall be unlawful for any person to sell, furnish, supply or give away any empty gelatin capsules or hypodermic syringe or needle or other instrument or implement adapted for the use of controlled substances by subcutaneous injection or 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 section, a "nonmedical habitual user of controlled substances" shall mean 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.
Any fraud, deceit, misrepresentation, subterfuge or 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 controlled substances or hypodermic syringe or needle or other instrument or implement or empty gelatin capsules, or false statement on any prescription blank, shall be deemed a violation of this article. No person who shall have obtained the possession of any controlled substances, hypodermic syringes, needles or other instruments or implements adapted for the use of such controlled substances or empty gelatin capsules, pursuant to the terms of 7this article, shall use the same or permit or authorize their use for any purpose other than that specifically authorized in the prescription or order by means of which such possession was obtained.
Any fraud, scheme, device, trick, deceit, misrepresentation or subterfuge or any other form of concealment for the purpose of obtaining money or any other thing of value by the sale, furnishing, supplying or giving away of any substance represented to be a controlled substance as described in § 109-1, when the same may or may not be the same, shall be deemed a violation of this article.
The provisions of this article restricting the possession of controlled substances or hypodermic syringes, needles or other implements or instruments adapted to the use of such controlled substances 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 warehousepersons or their employees engaged in the lawful transportation or storage of such controlled substances, 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.
No person shall unlawfully use or be addicted to the unlawful use of controlled substances. Any such unlawful use or addiction shall be deemed a violation of this article. Any nonmedical habitual user of controlled substances, as defined in § 109-4, who shall make voluntary application to the Judge of the Municipal Court may, upon the presentment of a certificate executed by a practicing physician in the State of Michigan stating that he or she is a nonmedical habitual user of controlled substances, be committed, at the discretion of the Court, to any correctional or charitable institution, hospital, sanitarium or institution authorized for the treatment of disease or inebriety or drug addiction. Whenever the medical officer or head of such institution shall certify to the committing Judge or Court that any person so committed has been sufficiently treated, or gives any other reason which is deemed by such Judge or Court to be adequate and sufficient, the Court may, in accordance with the terms of the commitment, discharge the person so committed or return him or her to await further action of the Court.
Any addicted person who does not make voluntary application for treatment as provided in this section shall be deemed to be in violation of this section.
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, needles or other instruments or implements, or empty gelatin capsules, are used, sold, dispensed, furnished, given away, stored or kept illegally.
[Added 9-24-2013 by Ord. No. 1264]
A person shall not transport or possess usable marijuana as defined in Section 26423 of the Public Health Code, 1978 P.A. 368, MCL § 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel, unless the usable marijuana is one or more of the following:
[Amended 7-27-1999 by Ord. No. 1125; 9-24-2013 by Ord. No. 1264
A person who violates this article is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
[Adopted 2-28-1984 by Ord. No. 895 as Ch. 160 of the 1984 Code]
[Amended 6-13-2017 by Ord. No. 1297]
As used in this article, the following terms shall have the meanings indicated:
- CHEMICAL AGENT
- Any substance containing a toxic chemical or solvent, or both, having the property of releasing toxic vapors, including but not limited to glue, cement, hair spray, paint, spray paint, inhalers, pressurized gas or other solvents, or chemicals having the property of releasing toxic vapors.
[Amended 6-13-2017 by Ord. No. 1297]
No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent, intentionally drink, eat or otherwise introduce any chemical agent into the respiratory or circulatory system or possess with intent to inhale or consume such chemical agent into the respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.
Any person violating the provisions of this article shall be guilty of a misdemeanor.
Any person who assists, aids, abets or encourages any person to violate the provisions of this article shall be guilty of a misdemeanor.