Chapter 9.11
POSSESSION OF CLONAZEPAM
Sections:
9.11.010 Declaration of purpose.
9.11.030 Limitations of the sale or purchase of clonazepam.
9.11.040 Separate violation for each incident.
9.11.050 Enforcement authority.
9.11.060 Strict liability offenses.
9.11.010 Declaration of purpose.
The City Council of the City of Poway finds and declares as follows:
A. In addition to its legal uses, adults and juveniles are abusing clonazepam to become intoxicated and/or to facilitate sexual assault.
B. There is a current and immediate threat to the public safety and welfare, in that the use of clonazepam by juveniles and adults is increasing at an alarming rate in the County of San Diego due to its easy access, low price and powerful effect.
C. Currently there is no law that prohibits mere possession of this drug without a valid prescription. (Ord. 529 § 1, 2000)
9.11.020 Definitions.
Except as otherwise provided, for purposes of this chapter:
“Clonazepam” means any drug, substance, or compound, whether legal or illegal, that contains clonazepam as described in California Health and Safety Code Section 11057(d)(6). (Ord. 529 § 1, 2000)
9.11.030 Limitations of the sale or purchase of clonazepam.
Except as authorized by law or Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, it is unlawful for any person to possess clonazepam or any substance that contains clonazepam without a valid prescription. Mere possession of clonazepam or any substance that contains clonazepam without a valid prescription is a violation of this section and shall be treated as a strict liability offense regardless of the person’s intent regarding such possession. (Ord. 529 § 1, 2000)
9.11.040 Separate violation for each incident.
Each incident in violation of PMC 9.11.030 shall constitute a separate offense. (Ord. 529 § 1, 2000)
9.11.050 Enforcement authority.
The City Attorney shall be authorized to administer and enforce the provisions of this chapter. (Ord. 529 § 1, 2000)
9.11.060 Strict liability offenses.
Violations of any provision of this chapter shall be treated as a strict liability offense regardless of intent. (Ord. 529 § 1, 2000)