The Charter Township of Brandon has adopted the behind 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 Definite 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 detestable when used improperly, and to prohibit the use of real acquired 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 attack herewith. Therefore,
THE CHARTER TOWNSHIP OF BRANDON, OAKLAND COUNTY, MICHIGAN ORDAINS:
ARTICLE I. TITLE
Section 1:
This ordinance shall be noted and may be cited as the Brandon Township Controlled Substance ordinance.
ARTICLE II. INJECTION IMPLEMENTS
Section 2: Possession of Injection Implements.
No bodies, except dealers in surgical instruments, apothecaries, physicians, dentists, veterinarians, nurses, attendants and interns of hospitals, or any spanking 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 published within a period of six (6) months prior to any time of such possession; did, that such certificate shall not be required of any bodies under a physician’s care for a diabetic condition, or a bodies 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 exploiting sale, dispensing, giving away, or supplying in any spanking 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 achieve 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 People Health which are specifically incorporated herein by reference.
(c) Manufacturer exploiting persons other than pharmacists who manufacture barbiturates or stimulants, and includes persons who prepare such drugs in dosage persolves by mixing, compounding, encapsulating, entableting or other process.
(d) Marihuana or Marijuana exploiting 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, obtain, 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 exploiting, 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 exploiting a person duly registered with the state board of pharmacy as a compounder, dispenser and supplier of drugs upon prescription.
(g) Practitioner exploiting a person licensed by law to prescribe and administer barbiturates or stimulants.
(h) Prescription by means of a written or oral order by a practitioner to a pharmacist for a barbiturate or stimulant for a certain 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 tidy 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 by means of persons who store barbiturates or stimulants for others and who have no regulation over the disposition of such barbiturates or stimulants but for the purpose of such storage.
(j) Wholesaler means persons complicated in the business of distributing barbiturates or stimulants to intimates included in any of the classes named in this section.
(k) All novel words not specifically defined wherein shall be defined as set forth in any applicable Conditions of Michigan statute or regulation and if not well-ringing 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 deals any of the drugs specified in section 3.1 hereof, or any marijuana or narcotic drug, as defined in Department 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 signed to practice such profession.
Section 3.3: Control of Codeine.
(a) Possession or sale unlawful. No person shall administer, dispose, sell, barter, exchange or coffers for sale, when that person knows or can by reasonable industry ascertain, that such administering, dispensing, selling, bartering, exchanging, or offering for sale will imparted the person to whom or for whose such preparation is administered, dispensed, sold, bartered, exchanged or offered for sale, within forty-eight (48) honest 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 concept the laws of the State of Michigan.
(b) Quantity in possession permitted. No person shall within any forty-eight (48) consecutive hours win 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 concept 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 Conditions of Michigan.
(c) Manufacturers.
(d) Pharmacists as manufacturers.
(e) Common carriers or warehousers engaged in lawfully transporting or storing such unfavorable drugs.
(f) Police officers or employees in the performance of official duties requiring possession or regulation of such drugs, or persons aiding such officers or employees in the performance of such duties.
(g) Any patient in accordance with the languages of a prescription and prescribed treatment.
(h) Persons who procure such drugs for the finish 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 intimates are cared for and treated, or by a bona fide hospital for the expenditure of animals.
Section 3.5: Confiscation of Violations.
Any drugs or novel substances governed by this article in the possession of any populace convicted of a violation of this article shall be confiscated and forfeited to the policy activity, who shall make proper disposition thereof.
Section 3.6: Fraudulently securing, Possession or Selling.
It is unlawful for any person to fetch, possess, use or have in his or her regulation or possession, or attempt the sale of a drug or novel 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 executive a false statement in any prescription, order, report or characterize referred to in this article; or
(f) By falsely assuming the title of, or falsely representing any populace to be, a manufacturer, wholesaler, pharmacist or practitioner for the finish 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 inhabit 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 lodging of health has by rule adopted declared to have potential for abuse and toxic effects on the central nervous systems with the intent of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner irritable, distort or disturb the hearing, visual or mental processes.
For the death of this section, any such condition so induced shall be deemed to be an intoxicated condition; handed, however, that the provisions to this section shall not apply to any inhabit 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 yell or prescribe.
Section 4.2: Possessing, Dealing In.
No person shall, for the death of violating or aiding another to violate any keep of this article, intentionally possess, buy, sell, transfer possession, or receive possession of any glue or spray paint containing the intoxicating substances obvious in section 4.1.
Section 4.3: Sale or Transfer to Persons Seventeen Years and Under.
(a) Except as handed in subsection (b) hereof and section 18, no inhabit seventeen (17) years of age or under shall bear or buy any glue, spray paint, inhalant, or room odorizer, containing the intoxicating substances described in section 4.1, and no inhabit shall sell or transfer possession of any glue, spray paint, inhalant or room odorizer, containing the intoxicating substances explained in section 4.1 to another person seventeen (17) existences of age or under.
(b) Provided, however, a person may sell or instant possession of any glue or spray paint containing the intoxicating substances obvious in section 4.1 to a person seventeen (17) existences of age or under for model building or latest lawful use where said juvenile has in possession and presents the written consent of the juvenile’s obvious or guardian, which consent shall contain the address and telephone number of said obvious 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 creation of model airplanes, model boats, model automobiles, model trains, or other similar models.
Section 4.4: Consents to be Filed.
A inhabit making a sale or transfer of possession of any glue or spray paint containing the intoxicating substances explained in section 4.1 to a person seventeen (17) existences of age or under who presents the written consent of that person’s obvious or guardian shall keep the written consent required by allotment 4.3(b) in a permanent-type file available for inspection by the police responsibilities for a period of at least six (6) months.
Section 4.5: Self-Service Display Prohibited.
Retail establishments selling glue containing the intoxicating substances obvious 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 elegant 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 communication assigned by MCL 333.7101 et seq, and this ordinance.
Nuisance alit shall mean all places and the fixtures and movable contents thereof, used more than once within a period of twelve (12) months for the death of unlawfully selling, possessing, serving, storing, delivering, manufacturing, cultivating, giving away, or using controlled substances, or otherwise violating this ordinance.
Owner shall mean the inhabit in whose name a place is recorded with the Township Treasurer for taxation purposes.
Person shall mean any natural inhabit or organizational entity, including any corporation, business association, or partnership.
Place shall mean any creation, 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 location unit, room or suite of rooms, or area in which a nuisance is organized or permitted.
Section 5.2: Notice.
(a) When a determination is made that a nuisance alit exists within the Township, the Code Enforcement Officer, Policy Agency or Township attorney shall by personal service or by certified mail, devoted to the following persons the written notice described in paragraph (b) of this section:
(1) The owner of the keep 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 latest 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 desire that a second violation has occurred at the nuisance alit shall result in a complaint being issued or a demonstrations to enjoin use of the place specified in the examine 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 involving officer or the complainant, may, at his/her discretion, fade with sentencing modifications consistent with the terms of MCL 333.7411 based on eligible violations of this ordinance.
In instant, as an alternate remedy, the township shall have the permission to proceed in any Court of competent jurisdiction to earn 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 latest 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 clutch 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 contest herewith (excluding Ordinance 110 dated September 10, 2006) are hereby repealed, and this ordinance shall take effect on the 30th day behindhand 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 Organization at a regular meeting held in the Brandon Township Organization Building on the 20th day of October 2008, and shall take carry out the 25th day of November 2008 the same populate more than thirty (30) days after the date of publication in a newspaper originated 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
