HomeMy WebLinkAbout1987-01-13; City Council; 3208; CMC 8.51 adds - Controlled substances production chemical sales reportingORDINANCE NO. 3708
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 8 OF THE
CARLSRAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER
8.51 RELATING TO THE SALE OF CHEMICALS USED IN
PRODUCING CONTROLLED SUBSTANCES.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 8 of the Carlsbad Municipal Code
is amended by the addition of Chapter 8.51 to read as follows:
Chapter 8.51
REPORTING SALE OF CHEMICALS
Sect ions
8.51.010 Reporting sale of chemicals.
8.51.020 Effective dates.
8.51.010 Reporting sale of chemicals.
(a) Any manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes any of the
following substances to any person in the incorporated area of
the City of Carlsbad shall submit a report to the Chief of
Police of all of those transactions:
(1) Ephedrine
( 2) Pseudoephedrine
( 3) Norpseudoephedrine
(4) Phenylpropanolamine
(5) Ether
(6) Hydriotic Acid
(b)(l) Any manufacturer, wholesaler, retailer, or
other person shall , prior to selling , transferring , or otherwise
furnishing any substance specified in subdivision (a) to a persor
in the incorporated area of the City of Carlsbad require proper identification from the purchaser.
identification" means a motor vehicle operator's license or other
official state-issued identification of the purchaser which contains a photograph of the purchaser, and includes the
residential or mailing address of the purchaser, other than a
post office box number, the motor vehicle license number of any motor vehicle owned or operated by the purchaser, a letter of
authorization from the business for which any substance specified
in subsection (a) is being furnished, which includes the business
license number and address of the business, a full description of
how the substance is to be used, and the signature of the
purchaser. The person selling , transferring , or otherwise
furnishing any substance specified in subsection (a) shall affix
his or her signature as a witness to the signature and identification of the purchaser.
(2) For purposes of this chapter, "proper
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(3) A violation of this Chapter is a misdemeanor.
(c) Any manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes the
substance specified in subsection (a) to a person in the incorporated area of the City of Carlsbad shall, not less than
21 days prior to delivery of the substance, submit a report of
the transaction, which includes the identification information
specified in subsectoin (b), to the Chief of Police. However,
the Chief of Police may authorize the submission of the reports
on a monthly basis with respect to repeated, regular
transactions between the furnisher and the recipient involving
the same substance if the Chief of Police determines that either
of the following exist:
(1) A pattern of regular supply of the substance
exists between the manufacturer, wholesaler, retailer, or other
person who sells, transfers, or otherwise furnishes such substance and the recipient of the substance.
utilization of the substance for lawful purposes.
following:
sells or furnishes a substance upon the prescription of a
physician, dentist, podiatrist or veterinarian.
(2) Any physician, dentist, podiatrist, or
veterinarian who administers or furnishes a substance to his or
her patients.
the California State Board of Pharmacy who sells, transfers, or
otherwise furnishes a substance to a licensed pharmacy,
physician, dentist, podiatrist, or veterinarian.
proprietary product containing subtances listed in paragraphs (11, (2), (31, or (4) of subsection (a).
not submit a report as required by that subsection or who
knowingly submits a report with false or fictitious information
shall be punished by imprisonment in the county jail not
exceeding six months or by a fine not exceeding five thousand
dollars ($5,000.00) or by both the fine and imprisonment.
(2) Any person specified in subsection (c) who has
previously been convicted of a violation of paragraph (1) shall,
upon a subsequent conviction thereof, be punished by
imprisonment in the county jail not exceeding one year, or by a fine not exceeding one hundred thousand dollars ($lOO,OOO.OO) ,
or by both the fine and imprisonment.
(2) The recipient has established a record of
(d) This section shall not apply to any of the
(1) Any pharmacist or other authorized person who
(3) Any manufacturer or wholesaler licensed by
(4) Sales consistent with federal law of any
(e)(l) Any person specified in subsection (c) who does
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8.51.020 Effective dates. This chapter shall remain operative until October 1, 1987, and on that date is
automatically repealed and is of no further force and effect.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 13th day of January , 1987
and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 27th day of January , 1987 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Mamaux
NOES: None
ABSENT: None
APPROXED AS J2.Q FORM AND LEGALITY
ATTEST: w d4. 6?LbL+
ALETHA L. RAUTENKRANZ, City\ Clerk