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AN ORDINANCE TO kMEND THE CODE OF THE CITY OF PORTSMOUTH, <br />VIRGINIA, 1973, BY ~ENDI'NG SECTIONS 21-10, 21-11· ~-ND <br />21-18, PERTAINING TO CONTROLLED DRUGS. <br /> <br /> BE IT ORDAINED by the Council of the City of Ports- <br /> <br />Section <br /> <br />mouth, Virginia: <br /> <br /> 1. That Sections 21-10, 21-11, and 21-18 of the Code <br />of the City of Portsmouth, Virginia, 1973 be amended as <br />follows: · <br /> <br /> 21-10. Possession of controlled substances or <br /> marijuana unlawful. <br /> <br /> (a) It is unlawful for any person knowingly or intent- <br />ionally to possess a controlled substance or marijuana, as <br />defined in the Drug Control Act of.the Code of Virginia <br />unless %he substance was obtained directly from, or pursuant <br />to, a valid prescription or order of a practitioner while <br />acting in the course of his professiona~ practice, or except <br />as otherwise authorized by the Drug Control Act of the Code <br />of Virginia. <br /> <br /> Upon the prosecution of a person for violation of this <br />section, ownership or occupancy of the premises or vehicle <br />upon or in which a controlled substance was found shall not <br />create a presumption that such person either knowingly or <br />intentionally possessed such controlled substance. <br /> <br /> Any person who violates this sec%ion with respect to <br /> a controlled substance classified in Schedule III of the <br /> Drug Confrol Act of the Code of Virginia, shall be guilty <br /> of a Class 1 Misdemeanor. <br /> <br /> Any person who violates this section with respect to <br /> marijuana shall be guilty of a misdemeanor and be confined <br /> in jail not more than thirty (30) days and a fine of not more <br /> than five hundred ($500.00) dollars, either or both; any <br /> person upon a second or subsequent conviction of a violation <br /> of this section, shall be guilty of a Class 1 Misdemeanor. <br /> (b) The provisions of this section shall not apply to <br /> members of state, federal, county, city or town law enforcement <br /> agencies when possession of the controlled substance is <br /> necessary for the performance of their duties. <br /> <br /> Section 21-11. Persons charged with first offense may be <br /> placed on probation; conditions; screening, <br /> evaluation and education program; drug tests; <br /> costs and fees; violations; discharge. <br /> <br /> <br />