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<br />§ 5.36.910 ORONO CODE
<br />ascribed to them in this section, except where (5) Wholesalers.
<br />the context clearly indicates a different meaning: (6) Warehousepersons.
<br />Possession means having a controlled substance
<br />in one's actual or constructive possession, includ-
<br />ing, but not limited to, having the controlled
<br />substance in any motor vehicle which is owned
<br />or operated by the person charged with posses-
<br />sion.
<br />(Code 1984, § 9.57(3); Code 2003, § 70-226)
<br />Sec. 5.36.920. Schedules adopted by refer-
<br />ence.
<br />The five schedules of controlled substances
<br />listed in Minn. Stats. § 152.02 are incorporated
<br />in and made a part of this division as if set out in
<br />this section in full. For the purpose of this
<br />division, a controlled substance is any substance
<br />listed in the schedules of controlled substances
<br />in Minn. Stats. § 152.02.
<br />(Code 1984, § 9.57(1); Code 2003, § 70-227)
<br />State law reference Controlled substances, Minn. Stats.
<br />ch. 152.
<br />Sec. 5.36.930. Confiscation and disposi-
<br />tion.
<br />Any controlled substance found in the posses-
<br />sion of any person convicted of a violation of this
<br />division shall be confiscated and shall be forfeited
<br />to the chief of police, who shall make proper and
<br />timely disposition of the substance by destroying
<br />it.
<br />(Code 1984, § 9.57(6); Code 2003, § 70-228)
<br />Sec. 5.36.940. Excepted lawful businesses
<br />and professions.
<br />This division shall not apply to the following
<br />in the ordinary course of their trade, their
<br />business, or their profession; however, this excep-
<br />tion shall not be a defense to the doing of the acts
<br />prohibited in this division:
<br />(1) Practitioners, persons licensed by law to
<br />prescribe and administer controlled
<br />substances.
<br />(2) Pharmacists duly registered and licensed
<br />with the state board of pharmacy.
<br />(3) Manufacturers.
<br />(4) Pharmacists and manufacturers.
<br />(7) Persons engaged in transporting such
<br />controlled substances as agent or employee
<br />of a practitioner, pharmacist,
<br />manufacturer, warehouseperson,
<br />wholesaler or common carrier.
<br />(8) Public officials or public employees in the
<br />performance of official duties requiring
<br />possession or control of such controlled
<br />substances, or persons aiding such officers
<br />or employees in the performance of such
<br />duties.
<br />(9) Any patient, with respect to procuring,
<br />possession and use of a controlled
<br />substance in accordance with the terms
<br />of a prescription and prescribed treat-
<br />ment.
<br />(10) Persons who procure, possess or use such
<br />controlled substance for the purpose of
<br />lawful research, teaching or testing, and
<br />not for sale.
<br />(11) Lawfully licensed and registered hospitals
<br />or bona fide institutions wherein sick or
<br />injured persons are cared for and treated,
<br />or by bona fide hospitals for the treat-
<br />ment of animals.
<br />(Code 1984, § 9.57(4); Code 2003, § 70-229)
<br />Sec. 5.36.950. Manufacture, use limited.
<br />It shall be unlawful for any person to
<br />manufacture, possess, sell, give away, barter,
<br />exchange, distribute or otherwise transfer any
<br />controlled substance, except on a lawful prescrip-
<br />tion by a person licensed by law to prescribe and
<br />administer controlled substances.
<br />(Code 1984, § 9.57(2); Code 2003, § 70-230)
<br />Sec. 5.36.960. Unlawful procuring,
<br />purchase, delivery or pos-
<br />session.
<br />No person shall procure, purchase, deliver or
<br />possess, or attempt to procure, purchase, deliver
<br />or possess a controlled substance in any of the
<br />following manners:
<br />(1) By fraud, deceit, misrepresentation or
<br />subterfuge;
<br />CD5:78
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