[R.O. 2012 §215.590; CC 1992 §13-129; Ord. No. 1633, 4-11-1983]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A drug, substance or immediate precursor in Schedules I through
V listed in Sections 195.005 to 195.425, RSMo.
A controlled substance which, or the container or labeling
of which, without authorization, bears the trademark, trade name or
other identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor or dispenser other than the
person who in fact manufactured, distributed or dispensed the substance.
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 man or animals; substances, other than
food, intended to affect the structure or any function of the body
of man 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.
All substances defined in Section 195.010, RSMo., as drug
paraphernalia.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is 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 substance.
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 investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
A substance which:
The State Department of Health has found to be and by rule designates
as being the principal compound commonly used or produced primarily
for use in the manufacture of a controlled substance;
Is an immediate chemical intermediary used or likely to be used
in the manufacture of a controlled substance; and
The control of which is necessary to prevent, curtail or limit
the manufacture of the controlled substance.
All parts of the plant genus Cannabis in any species or form
thereof, including but not limited to Cannabis Sativa L., Cannabis
Indica, Cannabis Americana, 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.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
[R.O. 2012 §215.600; CC 1992 §13-130; Ord. No. 1633, 4-11-1983]
A.
It
is unlawful for any person to possess or have under his/her control
any controlled substance or any imitation controlled substance except
as authorized in Sections 195.010 — 195.320, RSMo.
B.
It is unlawful for any person to use or to possess with intent to use drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body any substance as set forth in Subsection (A) of this Section.
C.
It
is unlawful for any person to place in any newspaper, magazine, handbill
or other publication any advertisement, knowing, or under circumstances
where one reasonably should know, that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia or that such advertisement
or solicitation is to promote the distribution of any imitation controlled
substance.
D.
It
is unlawful for any person to deliver, possess with intent to deliver,
manufacture with intent to deliver or cause to be delivered any imitation
controlled substance.
