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AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH,
<br /> VIRGINIA~ 1973, AS AMENDED, BTAM_ENDING SECTIONS 21-8, 21-9,
<br /> 21-10, ~21L18.1, 21-18.2 AND 2t-I8.3f PERTAINING TO CONTROLLED DRUGS
<br /> AND OTHER SUBSTANCES; BY REPEALING SECTION 21-18 PERTAINING
<br /> TO DRUG PARAPHERNALIA;. BY AM_ENDING SECTIONS 21-19, 21-20 (b),
<br /> 21-20 Cd), 21-21, 21-22, AND 21-24, PERTAINING TO DRIVING
<br /> UNDER THE INFLUENCE; BY AMENDING SECTIONS 21~38, 2t-50, 21-
<br /> 54. (a),' 21~54 (b)~~ 21-76,.21,91, 21-98, ~ND 21-110, PERTAINING
<br /> TOMiSCELLANEoUS CRIMINAL OFFENSES AND PROCEDURES; AND' BY
<br /> ADDING SECTIONS 21-186 PERTAINtNGTO POSSESSION OR DUPLICATION
<br /> OF CITY KEYS AND 21-149.2 PERTAINING TO SHOPLIFTING ANTI
<br /> DETECTION DEVICES
<br />
<br /> BE IT ORDAINED by the Council Of the City of Portsmouth,
<br /> Virginia:
<br />
<br /> 1. That Sections 21-8, 21-9, 21-10, 2i~18.1, 21-18-.-2
<br /> and 21-18.3 of the Code of the City of'Portsmouth, Virginia,
<br /> 19733 be amended and reordained to read as follows: i
<br /> Section 21-8. Definitions. ~'
<br /> (a) Whenever the terms "controlled substances",
<br /> marl3uana", and "Schedules I, II1, IV, V and VI" are
<br /> used in this Article, such terms refer to those terms Las
<br /> they are used or defined in the Drug. LC~ntrol'Act, chapte~
<br /> 15.1 of Title 54 of the C6de cf..virginia (t950). as..~mended.
<br /> {.b) The term ~mltatmon controlled substance" when
<br /> usedin this Article means a pill, capsule or tablet which
<br /> is not a controlled substance, which encourages recreat~onai
<br /> drug use or abuse or any similar nonmedical use,. and:
<br /> (.1) Which by overall dosage unit appearance~ in-
<br /> cluding color, shape, size, marking and p~ckaging or by re-
<br /> presentations made, would cause.the likelihood that su~
<br /> pill, capsule, or tablet will be mistaken for a'contr011ed
<br /> substance; or
<br />
<br /> (2) A pill, capsule, tablet, or. substance in-any
<br /> form whatsoever which by express or implied repres'enta~ions
<br /> purports to act like a controlled substance as a stimulant
<br /> or depressant of the central nervous system and which'~s not
<br /> coImuonly used or recognized for use in that particular formu-
<br /> lation for any purpose other than for such stimulant or
<br /> depressant effect unless a new drug application for such substance
<br /> has been approved by the United States Food andDrug Administration
<br /> pursuant to 21 U.S.C. §355; or
<br />
<br /> (13.) Phenylpropanolamine, ephedrine sulphate, or
<br /> propylhexedrine, o~ coi~binations thereof, unless combined
<br /> with one or mo~e other active therapeutic .ingredients not.
<br /> having a stimulant or depressant effect on the central nervous
<br />
<br />
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