An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1966 |
---|---|
Law Number | 363 |
Subjects |
Law Body
CHAPTER 363
An Act to amend and reenact §§ 19.1-84 and 54-440, as amended, of the
Code of Virginia, relating to when search warrants may issue tn
certain cases; and to amend the Code of Virginia by adding in Chapter
15 of Title 54 an Article numbered 5.1 and containing sections
numbered 54-446.8 through 54-446.13 relating to depressant or stim-
ulant drugs; prohibiting the sale, possession or manufacture of such
drugs except by certain persons; limiting the refilling of prescriptions
for such drugs; and providing for exemptions; and prescribing
penalties.
[S 268]
Approved April 1, 1966
Be it enacted by the General Assembly of Virginia :
1. That §§ 19.1-84 and 54-440, as amended, of the Code of Virginia be
amended and reenacted and that the Code of Virginia be amended by
adding in Chapter 15 of Title 54 an article numbered 5.1 and containing
sections numbered 54-446.3 through 54-446.13, as follows:
§ 19.1-84. On like complaint, on oath, according to the nature of
the case, supported by the affidavit required by § 19.1-85, such justice
or judge to whom it is made, if satisfied that there is reasonable cause
renee shall issue a warrant to search specified places for the following
ngs:
(1) Counterfeit or spurious coin, forged bank notes, and other in-
toes or writings, or any tools, machines or materials for making
em
(2) Any obscene book, print, picture, figure, object or thing used or
intended for use in violation of Article 3 (§ 18.1-227 et seq.) of Chap. 4
of Title 18.1;
(3) Lottery tickets, or materials unlawfully made, provided or pro-
cured for drawing a lottery ;
(4) Any gaming apparatus or implements used, or kept and pro-
pes to be used, in unlawful gaming or in any place resorted to for unlaw-
ful gaming;
(5) Weapons or other objects used in the commission of a crime;
(6) Any cannabis, coca leaves, heroin, cocaine, opium, morphine, or
laudanum, or any compound, manufacture, mixture, salt, derivative or
preparation thereof, or any synthetic substitute for cannabis, coca leaves,
heroin, cocaine, opium, morphine, or laudanum, or any compound, manu-
facture, mixture, salt, derivative or preparation thereof, used or possessed
in violation of § 18.1-346 or §§ 54-487 to 54-519, inclusive, of the Code of
Virginia, or any dangerous drug as defined in § 54-440 of the Code of
Virginia, the sale or possession of which is prohibited by § 54-441 or
§ 54-442, or, any depressant or stimulant drug as defined in § 54-446.8
and the sale or possession of which is prohibited by § 54-446.10;
(7) Fireworks or firecrackers on the premises of a merchant or
vendor where a business is conducted and where possession or sale of
same is unlawful ;
(8) Game and fish illegally taken, and illegal devices used in taking
game and fish.
§ 54-440. In this article the words “dangerous drugs” shall not
include any depressant or stimulant drug defined in § 54-446.8 and subject
to the Drug Abuse Control Act, but shall include:
(1) Every drug or device which because of its toxicity or potential-
ity for harmful effect, or the method of its use, or the collateral measures
necessary to its use, is not generally recognized among experts, qualified
by scientific training and experience to evaluate its safety and efficacy,
as safe for use except by or under the supervision of a practitioner
licensed by law to prescribe or administer such drug or device.
(2) Every potentially harmful drug or preparation, the labeling of
which does not bear or contain full and adequate directions for safe self-
medication, with such drug or preparation.
(b) Sulfanilamide (para-amino-benzene-sulfonamide), sulfathiazole,
sulfapyridine, sulfadiazine, sulfaguanidine and any sulfanilamide deriva-
tives by whatsoever trade name or designation, or any related compound,
preparation, mixture or salt thereof; or any salt or derivative thereof;
or any preparation or mixture containing any of them.
(c) Hormones, or hormone drug preparations, whether of natural
origin, prepared from the so-called glands of internal secretion or en-
docrine glands, or whether synthetically produced, by whatsoever trade
name or designation, or any compound or mixture thereof; except prep-
arations intended for external use containing hormones in combination
with other ingredients unfit for internal administration.
(e) The antibiotics, penicillin, streptomycin, chloramphenicol, chlor-
tetracycline, oxytetracycline, and any other antibiotics not exempted by
this chapter or by regulations of the Board of Pharmacy, or compounds,
mixtures and derivatives thereof.
(4) Any drug or drug preparation required by federal law to bear
on its label the legend: “Caution: Federal Law Prohibits Dispensing With-
out Prescription.”
For purposes of this section, the word “derivative” shall be construed
fo meun any article which is derived or prepared from any drug or prep-
aration covered by this section, by any method including actual or theo-
retical chemical reaction.
Article 5.1
Drug Abuse Control Act
$ 54-446.8. The term “depressant or stimulant drug” means:
(1) Any drug which contains any quantity of (a) barbituric acid
or any of the salts of barbituric acid; or (b) any derivative of bar-
bituric acid which has been designated by the Board as habit forming;
Any drug which contains any quantity of (a) amphetamine or
»ptical isomers; (b) any salt of amphetamine or any salt of an
mer of amphetamine; or (c) any substance which the Board,
tigation, has found to be, and by regulation designates as being
ing because of its stimulant effect on the central nervous sys-
Any drug which contains any quantity of a substance which
, after investigation, has found to have, and by regulation
as having, a potential for abuse because of its depressant or
ffect on the central nervous system or its hallucinogenic effect.
46.4. (a) No person shall manufacture, compound, or proc-
pressant or stimulant drug, except that this prohibition shall
to the following persons whose activities in connection with
“ug are solely as specified in this subsection:
(A) Manufacturers, compounders, and processors in this
State who are licensed under § 54-448, or without this State
who are registered under § 510 of the Federal Food, Drug
and Cosmetic Act and who are regularly engaged in preparing
pharmaceutical chemicals or prescription drugs for distribu-
tion through branch outlets, through wholesale druggists, or by
direct shipment:
first, to pharmacies or to hospitals, public health agencies, or
licensed practitioners of the healing arts, for dispensing by
pharmacists upon prescriptions, or for use by or under the
supervision of practitioners licensed by law to administer such
drugs in the course of their professional practice; or second,
to laboratories or research or educational institutions for their
use in research, teaching, or chemical analysis.
(B) Suppliers of manufacturers, compounders, and proces-
sors referred to in the just preceding subparagraph (A).
Wholesale druggists licensed under § 54-425.1 who are regu-
larly engaged in supplying prescription drugs: first, to phar-
macies, or to hospitals, public health agencies, or licensed practt-
tioners of the healing arts, for dispensing by pharmacists upon
prescriptions, or for use by or under the supervision of practt-
tioners licensed by law to administer such drugs in the course
of their professional practice; or second, to laboratories or re-
search or educational institutions for their use in research,
teaching, or clinical analysis.
Pharmacies, hospitals, and public health agencies, which main-
tain establishments in conformance with this chapter and
which are regularly engaged in dispensing prescription drugs
upon prescriptions of practitioners licensed to administer such
drugs for patients under the care of such practitioners in the
course of their professional practice.
Practitioners licensed by law to prescribe or administer de-
pressant or stimulant drugs, while acting in the course of their
professional practice.
Persons who use depressant or stimulant drugs in research,
teaching, or chemical analysis and not for sale.
Officers and employees of the United States, a state govern-
ment, or a political subdivision of a state, while acting in the
course of their official duties.
An employee or agent of any person described in paragraph
(1) through paragraph (5), and a nurse or other medical
technician under the supervision of a practitioner licensed by
law to administer depressant or stimulant drugs, while such
employee, nurse, or medical technician is acting in the course
Google
of his employment or occupation and not on his own account.
(b) Novperson, other than: ;
(1) a person described in subsection (a), while such person ts
acting in the ordinary and authorized course of his business,
profession, occupation, or employment, or
(2) a common or contract carrier or warehouseman, or an em-
ployee thereof, whose possession of any depressant or stimulant
drug is in the usual course of his business or employment as
such,
shall sell, deliver, or otherwise dispose of any depressant or stimulant drug
to any other person.
(c) No person, other than a person described in subsection (a) or
subsection (b) (2), shall possess any depressant or stimulant drug unless
such person shall have obtained such drug from, or on the prescription
of, a practitioner lawfully practicing his profession.
§ 54-446.5. (a) Every person engaged in manufacturing, com-
pounding, processing, selling, delivering, or otherwise disposing of any
depressant or stimulant drug shall, upon the effective date of this article,
prepare a complete and accurate record of all stocks of each such drug on
hand and shall keep such record for three years. On and after the effective
date of this article, every person manufacturing, compounding, or proc-
essing any depressant or stimulant drug shall prepare and keep, for not
less than three years, a complete and accurate record of the kind and
quantity of each such drug manufactured, compounded, or processed and
the date of such manufacture, compounding, or processing; and every per-
son selling, delivering, or otherwise disposing of any depressant or stimu-
lant drug shall prepare or obtain, and keep for not less than three years,
a complete and accurate record of the kind and quantity of each such
drug received, sold, delivered or otherwise disposed of, the name and
address of the person, and the registration number, if any, assigned to
such person under the Federal Food, Drug and Cosmetic Act, as amended,
from whom it was received and to whom it was sold, delivered, or other-
wise disposed of, and the date of such transaction. No separate records,
nor set form or forms for any of the foregoing records, shall be required
as long as records containing the required information are available.
(b) (1) Every person required by subsection (a) of this section
to prepare or obtain, and keep, records, and any carrier main-
taining records with respect to any shipment containing any
depressant or stimulant drug, and every person in charge, or
having custody, of such records, shall, upon request of an agent
designated by the Board permit such agent at reasonable times
to have access to and copy such records. For the purposes
of verification of such records and of enforcement of this
section, agents designated by the Board are authorized, upon
presenting appropriate credentials to the owner, operator, or
agent in charge, to enter, at reasonable times, any factory,
warehouse, establishment, or vehicle in which any depressant
or stimulant drug is held, manufactured, compounded, proc-
essed, sold, delivered, or otherwise disposed of and to inspect,
within reasonable limits and in a reasonable manner, such
factory, warehouse, establishment, or vehicle, and all pertinent
equipment, finished and unfinished material, containers and
labeling therein, and all things therein (including records,
filles, papers, processes, controls, and facilities) bearing on vio-
lation of this article; and to inventory any stock of any such
drug therein and obtain samples of any such drug. If a sample
is thus obtained, the agent making the inspection shall, upon
completion of the inspection and before leaving the premises,
give to the owner, operator, or agent in charge a receipt de-
scribing the sample obtained.
(2) No inspection authorized by paragraph (1) shall extend to
financial data, sales data other than shipment data, pricing
data, personnel data, or research data. ;
(c) The provisions of subsections (a) and (b) of this section shall
not apply to a licensed practitioner described in § 54-446.4 (a) (4) with
respect to any depressant or stimulant drug received, prepared, processed,
administered, or dispensed by him in the course of his professional practice,
unless such practitioner regularly engages in dispensing any such drug
or drugs to his patients for which they are charged, either separately
or together with charges for other professional services.
§ 54-446.6. No prescription (issued before or after the effective
date of this article) for any depressant or stimulant drug may be filled
or refilled more than six months after the date on which such prescrip-
tion was issued and no such prescription which is authorized to be re-
filled may be refilled more than five times, except that any prescription
for such a drug after six months after the date of issue or after being
refilled five times may be renewed by the practitioner issuing it either
in writing, or orally (if promptly reduced to writing and filed by the
pharmacist filling it).
§ 54-446.7. (a) The Board may by regulation exempt any depres-
sant or stimulant drug from the application of all or part of this article
when it finds that regulation of its manufacture, compounding, processing,
possession, and disposition, as provided in this article or in such part
thereof, is not necessary for the protection of the public health.
(6) The Board shall by regulation exempt any depressant or stim-
ulant drug from the application of this article, tf ;
(1) Such drug may, under the provisions of this chapter, be sold
over the counter without a prescription; or
(2) It finds that such drug includes one or more substances not
having a depressant or stimulant effect on the central nervous
system or a hallucinogenic effect and such substance or sub-
stances are present therein in such combination, quantity, pro-
portion, or concentration as to prevent the substance or sub-
stances therein which do have such an effect from being
ingested or absorbed in sufficient amounts or concentrations as,
within the meaning of § 54-446.8, either to be habit forming
because of their stimulant effect on the central nervous system,
or to have a potential for abuse because of their depressant or
stimulant effect on the central nervous system or their halluct-
nogenic effect.
(c) The Board, before the issuance, amendment, or repeal, of any
regulation bringing a drug within the application of all or a part of this
article, or exempting a drug from such application, shall consult and advise
with a committee of five licensed physicians appointed by the Medical
Society of Virginia in such manner as it may determine. In the event the
Society shall fail to appoint such committee, the Board shall have full
tuthority to make the appointments or to act without such consultation
ind advice.
§ 54-446.8. No person shall obtain or attempt to obtain any depres-
sant or stimulant drug or procure or attempt to procure the administration
of a depressant or stimulant drug (a) by fraud, deceit, misrepresentation
or subterfuge; or (b) by the forgery or alteration of a prescription or of
iny written order; 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. Provided,
this section shall not apply to officers and employees of the United States,
of this State or of a political subdivision of this State acting in the course
of their employment, who obtain such drugs for investigative, research
or analytical purposes, but not for human use; or to manufacturers or
laboratories, their agents or employees acting in the course of their em-
ployment, who purchase such drugs for investigative, research or analy-
tical purposes in connection with the sale or dispensing of such drugs, but
not for human use. ;
§ 54-446.9. In any complaint, warrant or information, and tn any
action or proceeding brought for the enforcement of any provision of
this article, it shall not be necessary to negative any exception, excuse,
proviso, or exemption, contained in this article, and the burden of proof
of any such exception, excuse, proviso or exemption shall be upon the
defendant.
§ 54-446.10. The following acts and the causing thereof are hereby
prohibited: ok
_ (1) The manufacture, compounding, or processing of a drug in vto-
lation of § 54-446.4 (a); oe
(2) The sale, delivery, or other disposition of a drug in voolation
of § 54-446.4(b) ;
(8) The possession of a drug in violation of § 54-446.4(c) ;
(4) The failure to prepare or obtain, or the failure to keep, a com-
plete and accurate record with respect to any drug as required by § 54-
446.5;
(5) The refusal to permit access to or copying of any record as
required by § 54-446.5; ;
§ 54 (6) The refusal to permit entry or inspection as authorized by
-446.5;
(7) The filling or refilling of any prescription in violation of § 54-
6; 0r
(8) The obtaining or attempt to obtain a drug or the procurement
or attempt to procure administration of a drug in violation of § 54-446.8.
§ 54-446.11. Any person who shall violate any provision of this
article shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not more than one thousand dollars or shall be im-
prisoned in jail not exceeding twelve months, or both so fined and im-
prisoned, at the discretion of the court or the jury trying the case. Any
person who shall violate any provision of paragraphs (1), (2) or (8) of
§ 54-446.10 after having been convicted thereunder previously shall be
deemed guilty of a felony, and upon conviction of such second or sub-
sequent offense shall be fined not more than ten thousand dollars or shall
be imprisoned in the State penitentiary for not more than three years, or
both so fined and imprisoned, at the discretion of the court or the jury
trying the case; provided, however, that any person who, having attained
his eighteenth birthday, violates paragraph (2) of § 54-446.10 by selling,
delivering, or otherwise disposing of any depressant or stimulant drug to
a person who has not attained his twenty-first birthday shall be deemed
guilty of a felony and upon conviction of the first such offense shall be
fined not more than five thousand dollars or imprisoned in the State
penitentiary for not more than two years, or both so fined and imprisoned,
and upon conviction of the second or any subsequent offense shall be
fined not more than fifteen thousand dollars or imprisoned in the State
penitentiary not more than six years, or both so fined and imprisoned,
in either case at the discretion of the court or jury trying the case.
§ 54-446.12. In any prosecution under this article, the certificate of
analysis of the chemist performing such analysis for the Board when
duly attested by the chemist, shall be admissible in evidence as evidence
of the facts therein stated and the results of the analysis referred to
therein, provided that the certificate of analysis of the drug or drugs
shall be made available to the defendant, or his attorney, at least twenty-
four hours prior to the trial.
§ 54-446.18. This article may be cited as the Drug Abuse Contr