15.10.090 Distribution of a controlled substance.
A person commits the offense of distribution of a controlled substance if the person transports, sells, furnishes, administers, or gives away any controlled substance other than 28.5 grams or less of marijuana, or attempts or offers to do so, unless such person is registered or otherwise authorized pursuant to 21 U.S.C. Part C §§ 821 through 831 to transport, sell, furnish, administer or give away the controlled substance.
(a) Those persons authorized pursuant to 21 U.S.C. Part C §§ 821 through 831 will generally be licensed physicians and pharmacists issuing prescriptions for a legitimate medical purpose or federally registered pharmaceutical manufacturers.
(b) Proof of such federal authorization shall constitute an affirmative defense against prosecution under this section. [Ord. 82 § 4104, renumbered, 4/10/2023; Ord. 35 § 4105, adopted, 2/6/2014. Formerly 15.10.100.]