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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 -2 "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