[CC 1983 §19-107; Ord. No. 501 §§1 — 2, 7-21-1975]
A. Definition. As used in this Section the following word shall
have the meaning set out herein:
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 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.
B. Except
as provided by State Statute, it shall be unlawful for any person
to possess marijuana in any quantity.
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia as defined by Section 195.010, RSMo., 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 a controlled substance as defined by Section 195.010,
RSMo., or an imitation controlled substance as defined by Section
195.010, RSMo.
[Ord. No. 2010-6 §1, 9-20-2010]
A. Definitions. As used in this Section, the following words
and/or phrases shall have the meanings as set forth herein:
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all combinations
of these chemicals.
EPHEDRINE PRODUCT
Any product that contains ephedrine, its salts, isomers or
salts of isomers as its sole active ingredient or in combination with
less than therapeutically significant quantities of other active ingredients.
PACKAGE
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
PERSON
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
SELL
To knowingly furnish, give away, exchange, transfer, deliver,
surrender or supply whether for monetary gain or not.
B. Restrictions On Public Access To Ephedrine Products. It
shall be unlawful for any person to sell, deliver, or distribute ephedrine
or any ephedrine product without a valid prescription written by a
Missouri licensed physician or other health care professional licensed
by the State of Missouri to write prescriptions and filled by a Missouri-licensed
pharmacist.
C. Exception. The prohibition contained in Subsection
(B) shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra and extract of ephedra.
D. Reporting Theft Of Ephedrine Products.
1. Any person who sells ephedrine products and who discovers a theft,
disappearance or other loss of an ephedrine product shall report the
theft, disappearance or loss in writing to the Caruthersville Police
Department within twenty-four (24) hours of such a discovery.
2. Any person who sells ephedrine products shall report to the Caruthersville
Police Department any difference between the quantity of ephedrine
products shipped and the quantity of ephedrine products received within
three (3) calendar days of discovery.
E. Penalty And Injunctive Relief.
1. Each violation of this Section shall be considered a separate offense.
2. The Mayor may institute an action for injunctive relief to enforce
the provisions of this Section.
3. Every act or omission constituting a violation of any of the provisions
of this Section by any agent or employee of any person shall be deemed
and held to be the act of such person, and said person shall be punishable
in the same manner as if said act or omission had been done or omitted
by him or it personally, provided such act or omission was within
the scope of employment or the scope of authority of such agent or
employee.
4. Each violation shall be punishable by a fine not to exceed five hundred
dollars ($500.00) or a jail sentence not to exceed ninety (90) days
or by both such fine and imprisonment.