19780926 1978-16 ORDINANCE No. 1978-16
AN ORDINANCE AMENDING AND REENACTING SECTION 14-26
OF THE FAIRFAX CITY CODE
IT IS HEREBY ORDAINED by the City Council of the City of
Fairfax, Virginia, that Section 14-26 of the Code of the City of
Fairfax be, and the same hereby is, amended and reenacted to read
in its entirety as follows:
"Sec. 14-26. Possession of controlled substances unlawful.
"A. It is unlawful for any person knowingly or intentionally
to possess a controlled substance classified in Schedule III or
Schedule VI as used or defined in The Drug Control Act, Chapter
15.1 (Sec. 54-524.1 et seq.) of Title 54 of the 1950 Code of
Virginia, as amended, or marijuana unless the substance was obtain
directly from, or pursuant to a valid prescription or order of a
practitioner while acting in the course of his professional
practice, or except as otherwise authorized by The Drug Control
Act, Chapter 15.1 (Sec. 54-524.1 et seq.) of Title 54 of the 1950
Code of Virginia, as amended.
"Upon the prosecution of any person for a viOlation of this
section, ownership or occupancy of premises or vehicle upon or in
which a controlled substance was found shall not create a pre-
sumption that such person either knowingly or intentionally pos-
sessed such controlled substance.
"(a) Any person other than an inmate of a penal institution
as defined in Sec. 53-19.18 of the 1950 Code of Virginia, as amend
or in the custody of an employee thereof, who violates this sectio
with respect to a controlled substance classified in Schedule III
or marijuana shall be guilty of a Class 1 misdemeanor.
"(b) Violation of this section with respect to a controlled
substance classified in Schedule VI shall be punishable as a
Class 4 misdemeanor.
1978-16
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"B. The provisions of this section shall not apply to mem-
bers of State, federal, county, city or town law-enforcement
agencies when possession of a controlled substance or substances
is necessary in the performance of their duties."
This ordinance shall become effective immediately upon its
adoption.
Introduced: September 12, 1978
Adopted: September 26, 1978
Mayor
Attest:
C~y C'lerk