19980714 1998-24ORDINANCE NO. 1998- 24
AN ORDINANCE AMENDING CHAPTER 14, OF THE CODE OF
THE CITY OF FAIRFAX, VIRGINIA, BY ADDING THERETO A
NEW SECTION 14-20.3, CONCERNING POSSESSION OF
CERTAIN CONTROLLED SUBSTANCES UNLAWFUL
BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 14 of the Code of the City of Fairfax is
hereby amended by adding thereto a new Section 14-20.3 to read in
its entirety as follows:
A. It is unlawful for any person knowingly or intentionally
to possess a controlled substance, classified as a Schedule III,
IV, V or VI of the Drug Control Act Section 54.1-3400, et seq. Code
of Virginia (1950 as amended), unless the substance was obtained
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
Section 54.1-3400, et seq. Code of Virginia (1950 as amended).
Upon the prosecution of a person for a violation of this
section, ownership or occupancy of premises or vehicle upon or in
which such controlled substance was found shall not create a
presumption that such person either knowingly or intentionally
possessed such controlled substance.
(a) Any person, other than an inmate of a penal institution as
defined in Section 53.1-1 Code of Virginia (1950 as amended) or in
the custody of an employee thereof, who violates this section with
respect to a controlled substance classified in Schedule III of the
Drug Control Act Section 54.1-3400, et seq. Code of Virginia (1950
as amended) shall be guilty of a Class 1 misdemeanor;
(b) Violation of this section with respect to a controlled
substance classified in Schedule IV of the Drug Control Act Section
54.1-3400, et seq. Code of Virginia (1950 as amended) shall be
punishable as a Class 2 misdemeanor;
(c) Violation of this section with respect to a controlled
substance classified in Schedule V of the Drug Control Act Section
54.1-3400, et seq. Code of Virginia (1950 as amended) shall be
punishable as a Class 3 misdemeanor;
(d) Violation of this section with respect to a controlled
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1998-24
substance classified in Schedule VI of the Drug Control Act Section
54.1-3400, e_~t seq~ Code of Virginia (1950 as amended) shall be
punishable as a Class 4 misdemeanor.
B. The provisions of this Section shall not apply to members of
the state, federal, county, city, or town law enforcement agencies
or correctional officers as defined in Section 53.1-1, code of
Virginia (1950 as amended) certified as handlers of dogs trained in
the detection of controlled substances when possession of a
controlled substance is necessary in the performance of their
duties.
2. This ordinance shall become effective at 12:01 a.m. on July
15,1998.
INTRODUCED : ,l.n~ 23: lQqg
PUBLIC HEARING :
,l.ly 14=
ADOPTED
VOTE:
: J.ly 14= 199R
ae
Councilman Coughlan a~sent
Councilman Greenfield
Councilman Lederer aye
Councilman Petersen aye
Councilman Rasmussen aye
Councilman Silverthorne aye
John Mason
MAYOR
DATE
ATTEST:
City Clerk