ORDINANCE #902 AN ORDIANCE ADDING NEW SECTION 11-209 TO ARTICLE 2, LOCAL PROVISIONS, CHAPTER XI, PUBLIC OFFENSES, OF THE CODE OF THE CITY OF MOUNDRIDGE, KANSAS, AS ADOPTED BY ORDINANCE NO. 888, PROHIBITING THE POSSESSION OF HABIT-FORMING DRUGS; AND PROVIDING CERTAIN PENALTIES. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOUNDRIDGE, KANSAS: SECTION I. NEW SECTION. There is hereby added new Section 11-209 to Article 2, Local Provisions, Chapter XI, Public Offenses of the Code of the City of Moundridge, Kansas, as adopted by Ordinance No. 888, to read as follows: 11-209. HABIT-FORMING AND DANGEROUS DRUGS. The City hereby establishes the following offenses and penalties relating to the possession of habit-forming and dangerous drugs: (a) It shall be unlawful for any person within the City to possess any of the drugs described in subsection (b) hereof, except as hereinafter provided. (b) The habit-forming and dangerous drugs subject to the provisions of this section are: (1) The salts and derivatives of barbituric acid or compounds, preparations or mixtures thereof, except mixtures with other drugs in such proportions that the mixture cannot produce the hypnotic action of the barbiturates. (2) Paraldehyde. (3) Chloral hydrate, except in mixtures in which the proportions are such that the mixture cannot produce the hypnotic action of chloral hydrate. (4) Amphetamine, its salts and derivatives or compounds, preparation or mixtures thereof, except mixtures in which the proportions are such that the stimulating action of amphetamine cannot be produced by use of the mixture, (5) Marijuana, opium cannabis, isonipecaine, amidone, isoamidone, ketobemidone, or coca leaves or any compound, salt, derivative or preparation thereof. (6) Hallucinogens, including bufotenine, ibogaine, DET (diethyltryptamine), DOM (STP), psilocybin, psilocin, DMT (dimethrytryptamine), LSD-25 or LSD (dlysergic acid diethylamide) and any other derivative of d-lysergic acid producing stimulating or hallucinogenic effects similar to those caused by LDS. (c) Sections (a) and (b) above shall not apply to duly licensed doctors of medicine, dentists, veterinarians and pharmacists who may possess such drugs in the proper and legal courses of practice of their professions: provided, that it shall not be unlawful to possess for the purposes of medication, drugs listed in subsection (b) of this section which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist or veterinarian, or which have been dispensed by a duly licensed pharmacist on the prescription of a duly licensed doctor of medicine, dentist or veterinarian, when in the container in which it was delivered to him or her by the person so selling or dispensing the same: provided further, that this section shall not apply to common carriers or warehousemen engaged in the lawful transporting or storing such drugs as are listed in subsection (b) of this section, or to any employee of such common carriers or warehousemen within the scope of his or her employment, or to public officers or employees in the performance of official duties requiring possession or control of such drugs or to persons aiding such officers of employees in the performance of such duties: provided further, that nothing contained in this section shall be construed as prohibiting a hospital licensed by the State Board of Health from keeping such drugs and supplying such drugs to its patients on the prescription or order of a duly licensed doctor of medicine or a dentist. Violation of this section is a Class A misdemeanor. SECTION II. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its summary publication in THE LEDGER, the official newspaper of said City. PASSED by the Governing Body of the City of Moundridge, Kansas, this 6 th day of January, 2014. GARY FISHER, Mayor ATTEST: RANDY FRAZER, City Clerk .