§ 102-115. Exceptions.

[(a)]

Nothing contained in this article shall be construed to prohibit the sale of hypodermic syringes or needles by licensed pharmacists or drug prevention and/or AIDS education programs as approved by the department of health and/or the state department of health and hospitals.

(b)

Notwithstanding any other provision of law, the provisions of this division shall not apply to the manufacture, sale, distribution, or advertisement of any product or object designed and sold primarily for scientific research, industrial, veterinary, or agricultural purposes, or for bona fide medical or clinical use.

(c)

It shall be an affirmative defense that the person to whom the drug related object or advertisement or notice was distributed had a prescription from a licensed medical practitioner or psychiatrist for marijuana or the controlled substance for which the object is primarily intended to be used. It is also an affirmative defense that the drug related object was designed or marketed as useful primarily for veterinary or agricultural purposes.

(d)

Notwithstanding any other provision of law, the provisions of this division shall not apply to a needle exchange program that has been expressly approved by the council. The council may, by resolution, approve the operation of such programs.

(Code 1956, § 18-32; M.C.S., Ord. No. 27630, § 1, 12-14-17)