The Charter Township of Brandon has adopted the following ordinance at the Regular Brandon Township Board Meeting of October 20, 2008
POSSESSION, USE OR SALE OF CONTROLLED AND/OR DANGEROUS SUBSTANCE
ORDINANCE #125
PREAMBLE
The Township of Brandon has determined that an Ordinance to regulate the possession, use and/or sale of marijuana, other controlled substances, to restrict access to certain products which can be harmful when used improperly, and to prohibit the use of real property for activities prohibited herein is necessary for the health, safety and welfare of the citizens of the Township; and that there should be penalties for the violation thereof, and to repeal ordinances or parts of ordinances that are in conflict herewith. Therefore,
THE CHARTER TOWNSHIP OF BRANDON, OAKLAND COUNTY, MICHIGAN ORDAINS:
ARTICLE I. TITLE
Section 1:
This ordinance shall be known and may be cited as the Brandon Township Controlled Substance ordinance.
ARTICLE II. INJECTION IMPLEMENTS
Section 2: Possession of Injection Implements.
No person, except dealers in surgical instruments, apothecaries, physicians, dentists, veterinarians, nurses, attendants and interns of hospitals, or any other institution in which persons are treated for disability or disease, shall at any time have or possess any hypodermic syringe or needle or any instrument or implement adapted for subcutaneous injections, unless such possession is authorized by the certificate of a physician issued within a period of six (6) months prior to any time of such possession; provided, that such certificate shall not be required of any person under a physician’s care for a diabetic condition, or a person using such injection implement in generally accepted agricultural practices.
ARTICLE III. CONTROL OF
BARBITURATES AND OTHER HARMFUL DRUGS
Section 3.1: Definitions
As used in this ordinance:
(a) Delivery means sale, dispensing, giving away, or supplying in any other manner.
(b) Drug means barbital and any derivative thereof; diethylbarbituric acid; any alkyl, aryl, metallic or halogenated derivative of barbituric acid; veronal (barbitone); proponal, ipral, dial; neonal (soneryl); sandoptal; amytal, Phenobarbital (luminal); phandorn; noctal, allonal (which contains allylisopropylbarbituric acid in combination with amidopyrine), medinal; any preparation, mixture or other substance containing any of the foregoing substances.
(1) Any drug consisting of amphetamine, desoxyephedrine (methamphetamine), mephentermine, pipradol, phenmetrazine or any salt, mixture or optical isomer thereof which drug, sale, mixture or optical isomer has a stimulating effect on the central nervous system, except preparations for use in the nose and unfit for internal use.
(2) Chloral hydrate (Choral), chlordiazepoxide and its salts (Librium); diazepam (Valium); ethchlorvynol (Placidyl); ethinamate (Valmid); glutethimide (Doriden); meprobamate (Miltown, Equanil, Meprospan, Meprotabs); methyprylon (Noludar); paraldehyde.
(3) For the purposes of this article, any controlled substance as defined in Article 7 Part 72, Code (368 PA 1978) Michigan Public Health which are specifically incorporated herein by reference.
(c) Manufacturer means persons other than pharmacists who manufacture barbiturates or stimulants, and includes persons who prepare such drugs in dosage forms by mixing, compounding, encapsulating, entableting or other process.
(d) Marihuana or Marijuana means all parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(e) Patient means, as the case may be, (a) the individual for whom a barbiturate or stimulant is prescribed or to whom a barbiturate or stimulant is administered, or (b) the owner or the agent of the owner of the animal for which a barbiturate or stimulant is prescribed or to which a barbiturate or stimulant is administered.
(f) Pharmacist means a person duly registered with the state board of pharmacy as a compounder, dispenser and supplier of drugs upon prescription.
(g) Practitioner means a person licensed by law to prescribe and administer barbiturates or stimulants.
(h) Prescription means a written or oral order by a practitioner to a pharmacist for a barbiturate or stimulant for a particular patient, which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient (and, if such barbiturate or stimulant is prescribed for an animal, the species of such animal), the name and quantity of the barbiturate or stimulant prescribed, the directions for use of such drug, and in the case of a written order the signature of such practitioner. An oral order by a practitioner for a barbiturate or stimulant must be promptly reduced to writing by the pharmacist.
(i) Warehousemen means persons who store barbiturates or stimulants for others and who have no control over the disposition of such barbiturates or stimulants except for the purpose of such storage.
(j) Wholesaler means persons engaged in the business of distributing barbiturates or stimulants to persons included in any of the classes named in this section.
(k) All other words not specifically defined wherein shall be defined as set forth in any applicable State of Michigan statute or regulation and if not defined otherwise, the standard dictionary definition of the word shall apply.
Section 3.2: Unlawful Possession, Use, Sale, Distribution.
It is unlawful for any person to have in his or her possession, or to use, sell, give away, barter, exchange or distribute any of the drugs specified in section 3.1 hereof, or any marijuana or narcotic drug, as defined in Section 7106, Article 7 Part 72 Michigan Public Health Code, MCL 333.7106, or any controlled substance as defined above except on a written or oral prescription by a practitioner lawfully authorized to practice such profession.
Section 3.3: Control of Codeine.
(a) Possession or sale unlawful. No person shall administer, dispose, sell, barter, exchange or offer for sale, when that person knows or can by reasonable diligence ascertain, that such administering, dispensing, selling, bartering, exchanging, or offering for sale will provide the person to whom or for whose such preparation is administered, dispensed, sold, bartered, exchanged or offered for sale, within forty-eight (48) consecutive hours with more than six (6) grains of codeine or any of its salts, except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Michigan.
(b) Quantity in possession permitted. No person shall within any forty-eight (48) consecutive hours purchase or have in his or her possession more than six (6) grains of codeine or any of its salts, except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Michigan.
Section 3.4: Exemptions.
This article shall not apply to the following:
(a) Practitioners.
(b) Pharmacists when duly licensed by the State of Michigan.
(c) Manufacturers.
(d) Pharmacists as manufacturers.
(e) Common carriers or warehousers engaged in lawfully transporting or storing such harmful drugs.
(f) Police officers or employees in the performance of official duties requiring possession or control of such drugs, or persons aiding such officers or employees in the performance of such duties.
(g) Any patient in accordance with the terms of a prescription and prescribed treatment.
(h) Persons who procure such drugs for the purpose of state or federally approved lawful research, teaching or testing, and not for sale.
(i) Lawfully licensed and registered hospitals or bona fide institutions wherein sick or injured persons are cared for and treated, or by a bona fide hospital for the treatment of animals.
Section 3.5: Confiscation of Violations.
Any drugs or other substances governed by this article in the possession of any person convicted of a violation of this article shall be confiscated and forfeited to the policy agency, who shall make proper disposition thereof.
Section 3.6: Fraudulently obtaining, Possession or Selling.
It is unlawful for any person to procure, possess, use or have in his or her control or possession, or attempt the sale of a drug or other substance governed by this article:
(a) By fraud, deceit, misrepresentation or subterfuge; or
(b) By the forgery or alteration of a prescription; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false address; or
(e) By making a false statement in any prescription, order, report or record referred to in this article; or
(f) By falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist or practitioner for the purpose of obtaining a prohibited drug; or
(g) By making, issuing or uttering any false or forged prescription.
ARTICLE IV. INHALING INTOXICATING SUBSTANCES
Section 4.1: Prohibited; Exception.
No person seventeen (17) years of age or under shall inhale, breathe, or drink any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, zylene, Freon, ethyl acetate, methl ethyl ketone, trichloroethane, isopropanol methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, butynitrite, or any similar substance which the state board of health has by rule adopted declared to have potential for abuse and toxic effects on the central nervous system with the intent of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the hearing, visual or mental processes.
For the purpose of this section, any such condition so induced shall be deemed to be an intoxicated condition; provided, however, that the provisions to this section shall not apply to any person who inhales, breathes or drinks such material or substance pursuant to the direction or prescription of any doctor, physician, surgeon, dentist or podiatrist authorized to so direct or prescribe.
Section 4.2: Possessing, Dealing In.
No person shall, for the purpose of violating or aiding another to violate any provision of this article, intentionally possess, buy, sell, transfer possession, or receive possession of any glue or spray paint containing the intoxicating substances defined in section 4.1.
Section 4.3: Sale or Transfer to Persons Seventeen Years and Under.
(a) Except as provided in subsection (b) hereof and section 18, no person seventeen (17) years of age or under shall possess or buy any glue, spray paint, inhalant, or room odorizer, containing the intoxicating substances described in section 4.1, and no person shall sell or transfer possession of any glue, spray paint, inhalant or room odorizer, containing the intoxicating substances described in section 4.1 to another person seventeen (17) years of age or under.
(b) Provided, however, a person may sell or transfer possession of any glue or spray paint containing the intoxicating substances defined in section 4.1 to a person seventeen (17) years of age or under for model building or other lawful use where said juvenile has in possession and presents the written consent of the juvenile’s parent or guardian, which consent shall contain the address and telephone number of said parent or guardian.
(c) This section shall not apply where the spray paint, glue or cement is sold delivered, or given away simultaneously with and as part of a kit used for the construction of model airplanes, model boats, model automobiles, model trains, or other similar models.
Section 4.4: Consents to be Filed.
A person making a sale or transfer of possession of any glue or spray paint containing the intoxicating substances described in section 4.1 to a person seventeen (17) years of age or under who presents the written consent of that person’s parent or guardian shall keep the written consent required by section 4.3(b) in a permanent-type file available for inspection by the police department for a period of at least six (6) months.
Section 4.5: Self-Service Display Prohibited.
Retail establishments selling glue containing the intoxicating substances defined in section 4.1 shall not sell such glue from a self-service display.
Section 4.6: Exception for Youth Organizations.
This article shall not apply to the distribution of spray paint, glue or cement by adult-supervised youth organizations for use by their regularly organized model classes.
ARTICLE V. NUISANCE ABATEMENT AND PENALTIES
Section 5.1: Definitions.
As used in this article:
Township attorney shall mean the Township attorney or the Township attorney’s designee.
Controlled Substance shall have the meaning assigned by MCL 333.7101 et seq, and this ordinance.
Nuisance property shall mean all places and the fixtures and movable contents thereof, used more than once within a period of twelve (12) months for the purpose of unlawfully selling, possessing, serving, storing, delivering, manufacturing, cultivating, giving away, or using controlled substances, or otherwise violating this ordinance.
Owner shall mean the person in whose name a place is recorded with the Township Treasurer for taxation purposes.
Person shall mean any natural person or organizational entity, including any corporation, business association, or partnership.
Place shall mean any building, dwelling, establishment, or premises whatever in the Township of Brandon. If the place is a multi-unit dwelling, hotel or motel, or commercial or office building, ‘place? includes only the dwelling unit, room or suite of rooms, or area in which a nuisance is maintained or permitted.
Section 5.2: Notice.
(a) When a determination is made that a nuisance property exists within the Township, the Code Enforcement Officer, Policy Agency or Township attorney shall by personal service or by certified mail, provide to the following persons the written notice described in paragraph (b) of this section:
(1) The owner of the place at or in which a nuisance is maintained or permitted.
(2) The owner’s agent, if known.
(3) All other persons known maintain or permit the nuisance and all agents of such other persons.
(b) The written notice provided shall state:
(1) That a nuisance, as defined in section 21, is maintained or permitted at or in a specified place.
(2) A determination that a second violation has occurred at the nuisance property shall result in a complaint being issued or a complaint to enjoin use of the place specified in the notice may be filed in Oakland County Circuit Court.
Section 5.3: Penalties
Any violation of this ordinance shall be punishable by a fine not to exceed Five Hundred ($500.00) Dollars, and/or by imprisonment in the County jail for not to exceed ninety-three (93) days, or by both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense. The Township attorney with the consent of an arresting officer or the complainant, may, at his/her discretion, proceed with sentencing modifications consistent with the terms of MCL 333.7411 based on eligible violations of this ordinance.
In addition, as an alternate remedy, the township shall have the authority to proceed in any Court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance. Election of one of the foregoing remedies shall not preclude the application of the other remedy.
Section 5.4: Severability
Should any part of this ordinance be declared unconstitutional, illegal, or of no force or effect by a Court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part of portion thereof.
Section 5.5: Repeal of Conflicting Ordinances and Effective Date
All ordinances or parts of ordinances in conflict herewith (excluding Ordinance 110 dated September 10, 2006) are hereby repealed, and this ordinance shall take effect on the 30th day following its adoption and publication in the local newspaper.
Adopted: October 20, 2008
Published: October 25, 2008
Effective: November 25, 2008
Ordinance #125_
This ordinance was adopted by the Brandon Township Board at a regular meeting held in the Brandon Township Office Building on the 20th day of October 2008, and shall take effect the 25th day of November 2008 the same being more than thirty (30) days after the date of publication in a newspaper published or circulated in Brandon Township.
Dated: October 20, 2008 B. Jean McCreery, CMC
Charter Township of Brandon Township
Attest: Ronald J. Lapp, Supervisor
Charter Township of Brandon
B. Jean McCreery, CMC, Clerk
Charter Township of Brandon
Posted by B. Jean McCreery, CMC, Brandon Township Clerk, 395 Mill Street, PO Box 929, Ortonville, MI 48462 248-627-2851
Publish in The Citizen 10-25-08
