Poway Municipal Code Ch. 9.11 Possession of Clonazepam

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)

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)

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)

Each incident in violation of PMC § 9.11.030 shall constitute a separate offense.

(Ord. 529 § 1, 2000)

The City Attorney shall be authorized to administer and enforce the provisions of this chapter.

(Ord. 529 § 1, 2000)

Violations of any provision of this chapter shall be treated as a strict liability offense regardless of intent.

(Ord. 529 § 1, 2000)