HomeMy WebLinkAboutORD 82-58 ORDINANCE NO.
ENTITLED AN ORDINANCE REGULATING THE
DISTRIBUTION, MANUFACTURING, POSSESSION,
AND ADVERTISEMENT OF IMITATION CONTROLLED
SUBSTANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 18 of the Code of Ordinances of the City of
Beaumont is hereby amended by adding a new Article II to read as
follows :
ARTICLE II. IMITA'T'ION CONTROLLED SUBSTANCES
Sec. 18-14. Definitions.
In the interpretation of this Article, the following words
and terms are to be used and interpreted as defined hereafter:
Controlled Substance: A substance as defined in the Texas
Controlled Substances Act, Art. 4476-15, V. C.T.S.
Distribute: The actual constructive, or attempted transfer,
delivery, or dispensing to another of an imitation controlled
substance.
Manufacture: The production, preparation, compounding,
processing, encapsulating, tableting, packaging or repackaging,
labeling or relabeling, of an imitation controlled substance.
Imitation Controlled Substance: A substance that is not a
controlled substance, which by overall dosage unit appearance
(including color, shape, size and markings ) , or by representations
made, would lead a reasonable person to believe that the substance
is a controlled substance. Nothing in this ordinance shall apply
to a noncontrolled substance that was initially introduced into
commerce prior to the initial introduction into commerce of the
controlled substance which it is alleged to imitate.
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Sec. 18-15. Manufacture or Distribution.
It is unlawful for any person to knowingly or intentionally
manufacture, distribute, or possess with intent to manfacture or
distribute an imitation controlled substance.
Sec. 18-16. Possession.
It is unlawful for any person to knowingly or intentionally use,
or possess with intent to use, an imitation controlled substance.
Sec. 18-17. Advertisement.
It is unlawful for any person to knowingly or intentionally
place in any newspaper, magazine, handbill or other publication, or
to post or distribute in any public place, any advertisement or
solicitation whose purpose is to promote the distribution of
imitation controlled substances.
Sec. 18-16. Prosecution.
In any prosecution charging a violation of this Article where
the appearance of the dosage unit is not reasonably sufficient to
establish that the substance is an "imitation controlled substance" ,
in addition to all other logically relevant factors, the following
factors as related to "representations made" should be considered in
determining whether the substance is an "imitation controlled
substance" :
(1) Statements made by an owner or by anyone else in
control of the substance concerning the nature of
the substance, or its use or effect;
(2) Statements made to the recipient that the substance
may be resold at a price substantially higher than
the usual and customary price for the substance;
(3) Whether the substance is packaged in a manner
normally used for illicit controlled substances;
(4) Evasive tactics or actions utilized by the owner
or person in control of the substance to avoid
detection by law enforcement authorities;
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(5) Prior convictions, if any , of an owner, or anyone
in control of the object, under State or Federal
law related to controlled substances or fraud;
(6) The proximity of the substances to controlled
substances.
Section 2.
That if any section, subsection, sentence, clause or phrase of
this ordinance, or the application of same to a particular set of
persons or circumstances, should for any reason be held to be invalid
such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of
this ordinance are declared to be severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith are
repealed to the extent of the conflict only.
Section 4.
Any person who violates any provision of this ordinance shall,
upon conviction, be punished as provided in Section 1-8 of the Code
of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
4day of 1982.
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Mayor -
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