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11 35.02 Possession Defined. For purposes of this Section "possession" means <br /> 35 0 Possess o p p p <br /> having a controlled substance on one's person or in constructive possession <br /> including, but not limited.to, constructive possession by an owner of a motor <br /> vehicle, or by a driver of a motor vehicle if the owner is not present, or keeping a <br /> controlled substance in a motor vehicle or allowing it to be kept in the motor <br /> vehicle. <br /> 1135.03 Prohibited Acts. No person may manufacture, possess, constructively <br /> possess, sell, give away, barter, exchange, distribute or otherwise transfer any <br /> controlled substance, except by way of a lawful prescription by a person licensed by <br /> law to prescribe and administer controlled substances. <br /> 1135.04 Exceptions. Subsection 1135.03 does not apply to the exceptions listed in <br /> Minn. Stat. §§152.0974, 152.11 or 152.12, or to the following in the ordinary course of <br /> their lawful trade, business, or profession: <br /> (a) Warehouse operators authorized by law to store controlled substances. <br /> (b) Persons engaged in transporting controlled substances as an agent or <br /> employee of an authorized practitioner, pharmacist, manufacturer, <br /> • warehouse operator, wholesaler or common carrier. <br /> (c) Public officers or public employees in the performance of official duties <br /> requiring possession or control of controlled substances, or persons aiding <br /> such officers or employees in the performance of such duties. <br /> (d) A patient using controlled substances in accordance with prescribed <br /> treatment. <br /> (e) Persons who procure, possess or use controlled substances for the purpose <br /> of lawful research, teaching or testing, and not for sale. <br /> (f) Lawfully licensed and registered hospitals or bona fide clinics or other <br /> institutions for treatment of sick or injured persons or animals. <br /> 1135.05 Unlawful Procuring Purchase, Delivery or Possession. No person may <br /> procure, purchase, deliver or possess, or attempt to procure, purchase, deliver or <br /> possess, a controlled substance by: <br /> (a) Fraud, deceit, misrepresentation or subterfuge. <br /> • (b) forgery or alteration of a prescription. <br /> 11-7 <br />