City of Lake Tapawingo, MO Offenses Concerning Drugs and Alcohol

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Editor's Note—Ord. no. 840 §1, adopted August 11, 2005, repealed section 210.340 "unlawful use of drug paraphernalia" and enacted new provisions set out herein.

[Ord. No. 840 §1, 8-11-2005]

Definitions. For the purposes of this Section, the following terms and their derivations shall have the meaning given herein:

ADMINISTER

To apply a drug or controlled substance, whether by injection, inhalation, ingestion or any other means, directly to the body of a patient or research subject by:

A practitioner (or, in his/her presence, by an authorized agent); or

The patient or research subject at the direction and in the presence of the practitioner.

CONTROLLED SUBSTANCE

Drug, substance or immediate precursor in Schedules I through V of the Uniform Controlled Substances Act found in Chapter 195 of the Missouri Statutes Annotated; including, but not limited to:

Cocaine and its derivatives.

Opiates and opium derivatives such as heroin, codeine, pethidine and morphine.

Hallucinogenic substances including lysergic acid diethylamide, marijuana (Cannabis sativa L.), including seeds of mature plants, mescaline, psilocybin and various types of methoxyamphetamines.

Stimulants such as amphetamines and methamphetamines.

Barbiturates and other depressants such as amobarbital, secobarbital, pentobarbital, phenobarbital, methaqualone, phencyclidine and diazepam.

DELIVER OR DELIVERY

The actual, constructive or attempted transfer from one person to another of drug paraphernalia or of a controlled substance or an imitation controlled substance whether or not there is an agency relationship and includes sale.

DISPENSE

To deliver a drug or controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for such delivery.

DISTRIBUTE

To deliver other than by administering or dispensing a drug or controlled substance.

DRUG

Substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States or Official National Formulary or any supplement to any of them;

Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

Substances, other than food, intended to effect the structure or any function of the body of humans or animals; and

Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts or accessories.

DRUG PARAPHERNALIA

All equipment, products and materials of any kind which are used or intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of Chapter 195, RSMo. It includes, but is not limited to:

Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

Kits used, intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or imitation controlled substances;

Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or imitation controlled substances;

Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances or imitation controlled substances;

Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances or imitation controlled substances;

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or imitation controlled substances;

Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances;

Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or imitation controlled substances;

10.

Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or imitation controlled substances;

11.

Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body;

12.

Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

Water pipes;

Carburetion tubes and devices;

Smoking and carburetion masks;

Roach clips meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

Miniature cocaine spoons and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs;

Ice pipes or chillers.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
	(1)	Statements by owner or by anyone in control of the object concerning its use;
	(2)	Prior convictions, if any, of an owner or of anyone in control of the object under any State or Federal law relating to any controlled substance or imitation controlled substance;
	(3)	The proximity of the object, in time and space, to a direct violation of this Section;
	(4)	The proximity of the object to controlled substances or imitation controlled substances;
	(5)	The existence of any residue of controlled substances on the object;
	(6)	Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom she/he knows, or should reasonably know, intend to use the object to facilitate a violation of this Section; the innocence of an owner or of anyone in control of the object, as to a direct violation of this Section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
	(7)	Instruction, oral or written, provided with the object concerning its use;
	(8)	Descriptive materials accompanying the object which explain or depict its use;
	(9)	National and local advertising concerning its use;
	(10)	The manner in which the object is displayed for sale;
	(11)	Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
	(12)	Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
	(13)	The existence and scope of legitimate uses for the object in the community;
	(14)	Expert testimony concerning its use.

IMITATION DRUG OR IMITATION CONTROLLED SUBSTANCE

A substance that is not a drug or a controlled substance which, by dosage unit appearance (including color, shape, size and markings) or by representation made, would lead a reasonable person to believe that the substance is a drug or a controlled substance. In determining whether the substance is an imitation drug or an imitation controlled substance, the court or authority concerned should consider, in addition to all other logically relevant factors, the following:

Whether the substance was approved by the Federal Food and Drug Administration for over-the-counter (non-prescription or non-legend) sales and was sold in the Federal Food and Drug Administration approved package with the Federal Food and Drug Administration approved labeling information;

Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance or its use or effect;

Whether the substance is packaged in a manner normally used for illicit controlled substances;

Prior convictions, if any, of an owner, or anyone in control of the object, under State or Federal law related to controlled substances or fraud;

The proximity of the substances to controlled substances;

Whether the consideration tendered in exchange for the non-controlled substance substantially exceeds the reasonable value of the substance considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell. An imitation controlled substance does not include a placebo or registered investigation drug either of which was manufactured, distributed, possessed or delivered in the ordinance course of professional practice or research.

LICENSE OR LICENSED

Persons required to obtain annual registration as issued by the State Division of Health as provided by Section 195.030, RSMo.

MANUFACTURE

The production, preparation, propagation, compounding or processing of drug paraphernalia or of a controlled substance or an imitation controlled substance either directly or by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container. This term does not include the preparation or compounding of a controlled substance or an imitation controlled substance by an individual for personal use or the preparation, compounding, packaging or labeling of a narcotic or dangerous drug:

By a practitioner as an incident to administering or dispensing of a controlled substance in the course of his/her professional practice; or

By a practitioner or by an authorized agent under his/her supervision for the purpose of or as an incident to research, teaching or chemical analysis or by a pharmacist and not for sale.

MARIJUANA

All parts of the plant genus Cannabis in any species or form thereof including, but not limited to, Cannabis Sativa L., Cannabis Indica, Cannabis Americanna, Cannabis Ruderalis and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

NARCOTIC DRUG

Any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical analysis:

Opium, opiate and any derivative of opium or opiate, including their isomers, esters, ethers, salts and salts of isomers, esters and ethers, whenever the existence of the isomers, esters, ethers and salts is possible within the specific chemical designation. The term does not include the isoquinoline alkaloids of opium;

Cocaine or any salt, isomer or salt of isomer thereof;

Ecgonine or any derivative, salt, isomer or salt of isomer thereof;

Any compound, mixture or preparation containing any quantity of any substance referred to in paragraphs 1 and 2 of this Subdivision.

PERSON

Individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity.

PRACTITIONER

A physician, dentist, optometrist, podiatrist, veterinarian, scientific investigator, pharmacy, hospital or other person licensed, registered or otherwise permitted by this State to distribute, dispense, conduct research with respect to or administer or to use in teaching or chemical analysis, a controlled substance in the course of professional practice and research in this State or a pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research.

PRESCRIPTION

A written order, and in cases of emergency a telephone order, issued by a practitioner in good faith in the course of his/her professional practice to a pharmacist for a drug for a particular patient, which specifies the date of its issue, the name and address of the patient (and if such drug is prescribed for an animal, the species of such animal), the name and quantity of the drug prescribed, the directions for use of such drug and the signature of such practitioner.

PRODUCTION

The manufacture, planting, cultivation, growing or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance.

Controlled Substances.

No person shall sell, give away, manufacture, use or possess for any purpose whatever any controlled substance.

Any person shall be permitted to possess controlled substances distributed or dispensed under the provisions of practitioner, but such possession and use must be in accordance with the prescription and prescribed treatment.

All drug or controlled substances or imitation drugs or imitation controlled substances in the possession or property of any person convicted of a violation of this Section shall be seized by, confiscated by and forfeited to the Chief of Police who shall make proper disposition thereof.

This Section shall not apply to the administering or distributing or dispensing of any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semi-solid preparation in one (1) avoirdupois ounce, not more than one (1) grain of codeine or any of its salts. Provided that the preparation administered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the controlled substance alone. Such preparation shall be administered, distributed or dispensed in good faith and not for the purpose of evading this Subsection. However, no person shall administer, dispense or sell, under the exemption of this Section, any preparation included in this Subsection, when he/she knows or can by reasonable diligence ascertain that such administering, dispensing or selling will provide the person to whom or for whose use such preparation is administered, dispensed or sold, within any forty-eight (48) consecutive hours, with more than four (4) grains of codeine or any of its salts.

The provisions of this Section restricting the possession and control of controlled substances shall not apply to common carriers or warehousemen engaged in lawfully transporting or storing such controlled substances or to any employee of such common carriers or warehousemen or to public officers or employees in the performance of official duties requiring possession or control of controlled substances or to persons aiding such officers or employees in performance of such duties.

Possession Of Drug Paraphernalia. It is unlawful for any person to use or to possess drug paraphernalia as defined in this Section.

Manufacture Or Delivery Of Drug Paraphernalia. It is unlawful for any person to deliver or manufacture drug paraphernalia as defined in this Section.

Delivery Of Drug Paraphernalia To A Minor. It is unlawful for any person eighteen (18) years of age or over to deliver drug paraphernalia, as defined in this Section, to a person under eighteen (18) years of age.

Delivery Of A Simulated Drug Or Simulated Controlled Substance To Any Person. It is unlawful for any person to deliver any imitation drug or imitation controlled substance to another person.