City of Caruthersville, MO Article VII Offenses Concerning Drugs

Section 215.360 Possession of Marijuana Prohibited.

[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.

Section 215.370 Unlawful Use of Drug Paraphernalia.

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.

Section 215.375 Ephedrine Control.

[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.