[Ord. No. 2.56 (2755), 9-19-2019]
A. A person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance, except as
authorized by this Chapter or Chapter 195, RSMo.
B. The offense of possession of any controlled substance except thirty-five
(35) grams or less of marijuana or any synthetic cannabinoid is a
Class D felony.
C. The offense of possession of more than ten (10) grams but thirty-five
(35) grams or less of marijuana or any synthetic cannabinoid is a
Class A misdemeanor.
D. The offense of possession of not more than ten (10) grams of marijuana
or any synthetic cannabinoid is a Class D misdemeanor. If the defendant
has previously been found guilty of any offense of the laws related
to controlled substances of this State, or of the United States, or
any State, territory, or district, the offense is a Class A misdemeanor.
Prior findings of guilt shall be pleaded and proven in the same manner
as required by Section 558.021, RSMo.
E. In any complaint, information, or indictment, and in any action or
proceeding brought for the enforcement of any provision of this Chapter
or Chapter 195, RSMo., it shall not be necessary to include any exception,
excuse, proviso, or exemption contained in this Chapter or Chapter
195, RSMo., and the burden of proof of any such exception, excuse,
proviso or exemption shall be upon the defendant.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of delivery of a controlled substance
if, except as authorized in this Chapter or Chapter 195, RSMo., he
or she:
1.
Knowingly distributes or delivers a controlled substance;
2.
Attempts to distribute or deliver a controlled substance;
3.
Knowingly possesses a controlled substance with the intent to
distribute or deliver any amount of a controlled substance; or
4.
Knowingly permits a minor to purchase or transport illegally
obtained controlled substances.
B. Except when the controlled substance is thirty-five (35) grams or less of marijuana or synthetic cannabinoid or as otherwise provided under Subsection
(E) of this Section, the offense of delivery of a controlled substance is a Class C felony.
C. Except as otherwise provided under Subsection
(D) of this Section, the offense of delivery of thirty-five (35) grams or less of marijuana or synthetic cannabinoid is a Class E felony.
D. The offense of delivery of thirty-five (35) grams or less of marijuana
or synthetic cannabinoid to a person less than seventeen (17) years
of age who is at least two (2) years younger than the defendant is
a Class C felony.
E. The offense of delivery of a controlled substance is a Class B felony
if:
1.
The delivery or distribution is any amount of a controlled substance
except thirty-five (35) grams or less of marijuana or synthetic cannabinoid,
to a person less than seventeen (17) years of age who is at least
two (2) years younger than the defendant; or
2.
The person knowingly permits a minor to purchase or transport
illegally obtained controlled substances.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of distribution of a controlled substance
in a protected location if he or she knowingly distributes, sells,
or delivers any controlled substance, except thirty-five (35) grams
or less of marijuana or synthetic cannabinoid, to a person with knowledge
that that distribution, delivery or sale is:
1.
In, on, or within two thousand (2,000) feet of, the real property
comprising a public or private elementary, vocational, or secondary
school, or on any school bus; or
2.
In, on, or within one thousand (1,000) feet of, the real property
comprising a public park, State park, County park, municipal park,
or private park designed for public recreational purposes, as park
is defined in Section 253.010, RSMo.; or
3.
In or on the real property comprising public housing or other
governmental assisted housing.
4.
The offense of unlawful distribution of a controlled substance
in a protected location is a Class A felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of unlawful distribution, delivery,
or sale of drug paraphernalia if he or she unlawfully distributes,
delivers, or sells, or possesses with intent to distribute, deliver,
or sell drug paraphernalia knowing, or under circumstances in which
one reasonably should know, that it will be used 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 or an imitation controlled substance in violation
of this Chapter.
B. The offense of unlawful delivery of drug paraphernalia is a Class
A misdemeanor, unless done for commercial purposes, in which case
it is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of fraudulently attempting to obtain
a controlled substance if he or she knowingly obtains or attempts
to obtain a controlled substance, or knowingly procures or attempts
to procure an administration of the controlled substance by fraud.
The offense of fraudulently attempting to obtain a controlled substance
shall include, but shall not be limited to nor be limited by, the
following:
1.
Knowingly making a false statement in any prescription, order,
report, or record, required by this Chapter or Chapter 195, RSMo.;
2.
For the purpose of obtaining a controlled substance, falsely
assuming the title of, or representing oneself to be, a manufacturer,
wholesaler, pharmacist, physician, dentist, podiatrist, veterinarian,
nurse, or other authorized person;
3.
Making or uttering any false or forged prescription or false
or forged written order;
4.
Affixing any false or forged label to a package or receptacle
containing controlled substances;
5.
Possess a false or forged prescription with intent to obtain
a controlled substance.
B. The offense of fraudulently attempting to obtain a controlled substance
is a Class E felony.
C. Information communicated to a physician in an effort unlawfully to
procure a controlled substance or unlawfully to procure the administration
of any such drug is not deemed a privileged communication; provided,
however, that no physician or surgeon shall be competent to testify
concerning any information which he or she may have acquired from
any patient while attending him or her in a professional character
and which information was necessary to enable him or her to prescribe
for such patient as a physician, or to perform any act for him or
her as a surgeon.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of manufacture of an imitation controlled
substance if he or she knowingly manufactures with intent to deliver
any imitation controlled substance.
B. The offense of manufacture of an imitation controlled substance is
a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of manufacture of a controlled substance
if, except as authorized in this Chapter or Chapter 195, RSMo., he
or she:
1.
Knowingly manufactures, produces, or grows a controlled substance;
2.
Attempts to manufacture, produce, or grow a controlled substance;
or
3.
Knowingly possesses a controlled substance with the intent to
manufacture, produce, or grow any amount of controlled substance.
B. The offense of manufacturing or attempting to manufacture any amount
of controlled substance is a Class B felony when committed within
two thousand (2,000) feet of the real property comprising a public
or private elementary, vocational, or secondary school, community
college, college, or university. It is a Class A felony if a person
has suffered serious physical injury or has died as a result of a
fire or explosion started in an attempt by the defendant to produce
methamphetamine.
C. The offense of manufacturing or attempting to manufacture any amount
of a controlled substance, except thirty-five (35) grams or less of
marijuana or synthetic cannabinoid, is a Class C felony.
D. The offense of manufacturing thirty-five (35) grams or less of marijuana
or synthetic cannabinoid is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of unlawful sale, distribution, or purchase
of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
nine (9) grams to the same individual within a thirty-day period,
unless the amount is dispensed, sold, or distributed pursuant to a
valid prescription; or
2.
Purchases, receives, or otherwise acquires within a thirty-day
period any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than nine (9) grams, without regard to the
number of transactions, unless the amount is purchased, received,
or acquired pursuant to a valid prescription; or
3.
Purchases, receives, or otherwise acquires within a twenty-four-hour
period any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than three and six-tenths (3.6) grams, without
regard to the number of transactions, unless the amount is purchased,
received, or acquired pursuant to a valid prescription; or
4.
Dispenses or offers drug products that are not excluded from
Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., and that
contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts, optical isomers, or salts of optical isomers,
without ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such products are
dispensed by a registered pharmacist or pharmacy technician under
Subsection 11 of Section 195.017, RSMo.; or
5.
Holds a retail sales license issued under Chapter 144, RSMo.,
and knowingly sells or dispenses packages that do not conform to the
packaging requirements of Section 195.418, RSMo.
B. A pharmacist, intern pharmacist, or registered pharmacy technician
commits the offense of unlawful sale, distribution, or purchase of
over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, in a total amount greater
than three and six-tenth (3.6) grams to the same individual within
a twenty-four-hour period, unless the amount is dispensed, sold, or
distributed pursuant to a valid prescription; or
2.
Fails to submit information under Subsection 13 of Section 195.017,
RSMo., and Subsection 5 of Section 195.417, RSMo., about the sales
of any compound, mixture, or preparation of products containing detectable
amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts, optical isomers, or salts of optical isomers,
in accordance with transmission methods and frequency established
by the Department of Health and Senior Services; or
3.
Fails to implement and maintain an electronic log, as required
by Subsection 12 of Section 195.017, RSMo., of each transaction involving
any detectable quantity of pseudoephedrine, its salts, isomers, or
salts of optical isomers or ephedrine, its salts, optical isomers,
or salts of optical isomers; or
4.
Sells, distributes, dispenses or otherwise provides to an individual
under eighteen (18) years of age without a valid prescription any
number of packages of any drug product containing any detectable quantity
of pseudoephedrine, its salts, isomers, or salts of optical isomers,
or ephedrine, its salts or optical isomers, or salts of optical isomers.
C. Any person who violates the packaging requirements of Section 195.418,
RSMo., and is considered the general owner or operator of the outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale shall not be penalized if he or she documents
that an employee training program was in place to provide the employee
who made the unlawful retail sale with information on the State and
Federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine.
D. The offense of unlawful sale, distribution, or purchase of over-the-counter
methamphetamine precursor drugs is a Class A misdemeanor.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of trafficking drugs in the first degree
if, except as authorized by this Chapter or Chapter 195, RSMo., such
person knowingly distributes, delivers, manufactures, produces or
attempts to distribute, deliver, manufacture or produce:
1.
More than thirty (30) grams but less than ninety (90) grams
of a mixture or substance containing a detectable amount of heroin;
2.
More than one hundred fifty (150) grams but less than four hundred
fifty (450) grams of a mixture or substance containing a detectable
amount of coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their
salts have been removed; cocaine salts and their optical and geometric
isomers, and salts of isomers; ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or any compound, mixture, or preparation
which contains any quantity of any of the foregoing substances;
3.
More than eight (8) grams but less than twenty-four (24) grams
of a mixture or substance described in Subdivision (2) of this Subsection
which contains cocaine base;
4.
More than five hundred (500) milligrams but less than one (1)
gram of a mixture or substance containing a detectable amount of lysergic
acid diethylamide (LSD);
5.
More than thirty (30) grams but less than ninety (90) grams
of a mixture or substance containing a detectable amount of phencyclidine
(PCP);
6.
More than four (4) grams but less than twelve (12) grams of
phencyclidine;
7.
More than thirty (30) kilograms but less than one hundred (100)
kilograms of a mixture or substance containing marijuana;
8.
More than thirty (30) grams but less than ninety (90) grams
of any material, compound, mixture, or preparation containing any
quantity of the following substances having a stimulant effect on
the central nervous system: amphetamine, its salts, optical isomers
and salts of its optical isomers; methamphetamine, its salts, optical
isomers and salts of its optical isomers; phenmetrazine and its salts;
or methylphenidate; or
9.
More than thirty (30) grams but less than ninety (90) grams
of any material, compound, mixture, or preparation which contains
any quantity of 3,4-methylenedioxymethamphetamine.
B. The offense of trafficking drugs in the first degree is a Class B
felony.
C. The offense of trafficking drugs in the first degree is a Class A
felony if the quantity involved is:
1.
Ninety (90) grams or more of a mixture or substance containing
a detectable amount of heroin; or
2.
Four hundred fifty (450) grams or more of a mixture or substance
containing a detectable amount of coca leaves, except coca leaves
and extracts of coca leaves from which cocaine, ecgonine, and derivatives
of ecgonine or their salts have been removed; cocaine salts and their
optical and geometric isomers, and salts of isomers; ecgonine, its
derivatives, their salts, isomers, and salts of isomers; or any compound,
mixture, or preparation which contains any quantity of any of the
foregoing substances; or
3.
Twenty-four (24) grams or more of a mixture or substance described
in Subdivision (2) of this Subsection which contains cocaine base;
or
4.
One (1) gram or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD); or
5.
Ninety (90) grams or more of a mixture or substance containing
a detectable amount of phencyclidine (PCP); or
6.
Twelve (12) grams or more of phencyclidine; or
7.
One hundred (100) kilograms or more of a mixture or substance
containing marijuana; or
8.
Ninety (90) grams or more of any material, compound, mixture,
or preparation containing any quantity of the following substances
having a stimulant effect on the central nervous system: amphetamine,
its salts, optical isomers and salts of its optical isomers; methamphetamine,
its salts, optical isomers and salts of its optical isomers; phenmetrazine
and its salts; or methylphenidate; or
9.
More than thirty (30) grams of any material, compound, mixture,
or preparation containing any quantity of the following substances
having a stimulant effect on the central nervous system: amphetamine,
its salts, optical isomers, and salts of its optical isomers; methamphetamine,
its salts, optical isomers, and salts of its optical isomers; phenmetrazine
and its salts; or methylphenidate, and the location of the offense
was within two thousand (2,000) feet of real property comprising a
public or private elementary, vocational, or secondary school, college,
community college, university, or any school bus, in or on the real
property comprising public housing or any other governmental assisted
housing, or within a motor vehicle, or in any structure or building
which contains rooms furnished for the accommodation or lodging of
guests, and kept, used, maintained, advertised, or held out to the
public as a place where sleeping accommodations are sought for pay
or compensation to transient guests or permanent guests; or
10.
Ninety (90) grams or more of any material, compound, mixture
or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine;
or
11.
More than thirty (30) grams of any material, compound, mixture,
or preparation which contains any quantity of 3,4-methylenedioxymethamphetamine
and the location of the offense was within two thousand (2,000) feet
of real property comprising a public or private elementary, vocational,
or secondary school, college, community college, university, or any
school bus, in or on the real property comprising public housing or
any other governmental assisted housing, within a motor vehicle, or
in any structure or building which contains rooms furnished for the
accommodation or lodging of guests, and kept, used, maintained, advertised,
or held out to the public as a place where sleeping accommodations
are sought for pay or compensation to transient guests or permanent
guests.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of trafficking drugs in the second degree
if, except as authorized by this Chapter or Chapter 195, RSMo., such
person knowingly possesses or has under his or her control, purchases
or attempts to purchase, or brings into this State:
1.
More than thirty (30) grams but less than ninety (90) grams
of a mixture or substance containing a detectable amount of heroin;
2.
More than one hundred fifty (150) grams but less than four hundred
fifty (450) grams of a mixture or substance containing a detectable
amount of coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine or their
salts have been removed; cocaine salts and their optical and geometric
isomers, and salts of isomers; ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or any compound, mixture, or preparation
which contains any quantity of any of the foregoing substances;
3.
More than eight (8) grams but less than twenty-four (24) grams
of a mixture or substance described in Subdivision (2) of this Subsection
which contains cocaine base;
4.
More than five hundred (500) milligrams but less than one (1)
gram of a mixture or substance containing a detectable amount of lysergic
acid diethylamide (LSD);
5.
More than thirty (30) grams but less than ninety (90) grams
of a mixture or substance containing a detectable amount of phencyclidine
(PCP);
6.
More than four (4) grams but less than twelve (12) grams of
phencyclidine;
7.
More than thirty (30) kilograms but less than one hundred (100)
kilograms of a mixture or substance containing marijuana;
8.
More than thirty (30) grams but less than ninety (90) grams
of any material, compound, mixture, or preparation containing any
quantity of the following substances having a stimulant effect on
the central nervous system: amphetamine, its salts, optical isomers
and salts of its optical isomers; methamphetamine, its salts, optical
isomers and salts of its optical isomers; phenmetrazine and its salts;
or methylphenidate; or
9.
More than thirty (30) grams but less than ninety (90) grams
of any material, compound, mixture, or preparation which contains
any quantity of 3,4-methylenedioxymethamphetamine.
B. The offense of trafficking drugs in the second degree is a Class
C felony.
C. The offense of trafficking drugs in the second degree is a Class
B felony if the quantity involved is:
1.
Ninety (90) grams or more of a mixture or substance containing
a detectable amount of heroin; or
2.
Four hundred fifty (450) grams or more of a mixture or substance
containing a detectable amount of coca leaves, except coca leaves
and extracts of coca leaves from which cocaine, ecgonine, and derivatives
of ecgonine or their salts have been removed; cocaine salts and their
optical and geometric isomers, and salts of isomers; ecgonine, its
derivatives, their salts, isomers, and salts of isomers; or any compound,
mixture, or preparation which contains any quantity of any of the
foregoing substances; or
3.
Twenty-four (24) grams or more of a mixture or substance described
in Subdivision (2) of this Subsection which contains cocaine base;
or
4.
One (1) gram or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD); or
5.
Ninety (90) grams or more of a mixture or substance containing
a detectable amount of phencyclidine (PCP); or
6.
Twelve (12) grams or more of phencyclidine; or
7.
One hundred (100) kilograms or more of a mixture or substance
containing marijuana; or
8.
More than five hundred (500) marijuana plants; or
9.
Ninety (90) grams or more but less than four hundred fifty (450)
grams of any material, compound, mixture, or preparation containing
any quantity of the following substances having a stimulant effect
on the central nervous system: amphetamine, its salts, optical isomers
and salts of its optical isomers; methamphetamine, its salts, optical
isomers and salts of its optical isomers; phenmetrazine and its salts;
or methylphenidate; or
10.
Ninety (90) grams or more but less than four hundred fifty (450)
grams of any material, compound, mixture, or preparation which contains
any quantity of 3,4-methylenedioxymethamphetamine.
D. The offense of trafficking drugs in the second degree is a Class
A felony if the quantity involved is four hundred fifty (450) grams
or more of any material, compound, mixture or preparation which contains:
1.
Any quantity of the following substances having a stimulant
effect on the central nervous system: amphetamine, its salts, optical
isomers and salts of its optical isomers; methamphetamine, its salts,
isomers and salts of its isomers; phenmetrazine and its salts; or
methylphenidate; or
2.
Any quantity of 3,4-methylenedioxymethamphetamine.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of creating a danger if, while producing,
or attempting to produce, a controlled substance, he or she purposely
protects or attempts to protect the production of the controlled substance
by creating, setting up, building, erecting, or using any device or
weapon which causes or is intended to cause physical injury to another
person.
B. The offense of creating a danger is a Class C felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of furnishing materials for the production
of a controlled substance if he or she provides any reagents, solvents
or precursor materials used in the production of a controlled substance
as defined in Section 195.010, RSMo., to any other person knowing
that the person to whom such materials are provided intends to use
such materials for the illegal production of a controlled substance.
B. The offense of furnishing materials for the production of a controlled
substance is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of unlawful possession of drug paraphernalia
if he or she knowingly uses, or possesses 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, a controlled substance or an imitation
controlled substance in violation of this Chapter or Chapter 195,
RSMo.
B. The offense of unlawful possession of drug paraphernalia is a Class
D misdemeanor, unless the person has previously been found guilty
of any offense of the laws of this State related to controlled substances
or of the laws of another jurisdiction related to controlled substances,
in which case the violation of this Section is a Class A misdemeanor.
Prior findings of guilt shall be pleaded and proven in the same manner
as required by Section 558.021, RSMo.
C. The offense of unlawful possession of drug paraphernalia is a Class
E felony if the person uses, or possesses with intent to use, the
paraphernalia in combination with each other to manufacture, compound,
produce, prepare, test, or analyze amphetamine or methamphetamine
or any of their analogues.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of unlawful manufacture of drug paraphernalia
if he or she unlawfully manufactures with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably should know,
that it will be used 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 or
an imitation controlled substance in violation of this Chapter or
Chapter 195, RSMo.
B. The offense of unlawful manufacture of drug paraphernalia is a Class
A misdemeanor, unless done for commercial purposes, in which case
it is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of possession of an imitation controlled
substance if he or she knowingly possesses an imitation controlled
substance.
B. The offense of possession of an imitation controlled substance is
a Class A misdemeanor.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of delivery of an imitation controlled
substance if he or she knowingly delivers, possesses with intent to
deliver, or causes to be delivered any imitation controlled substance.
B. The offense of delivery of an imitation controlled substance is a
Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of unlawful marketing of ephedrine or
pseudoephedrine if he or she knowingly markets, sells, distributes,
advertises, or labels any drug product containing ephedrine, its salts,
optical isomers and salts of optical isomers, or pseudoephedrine,
its salts, optical isomers and salts of optical isomers, for indication
of stimulation, mental alertness, weight loss, appetite control, energy
or other indications not approved under the pertinent Federal over-the-counter
drug Final Monograph or Tentative Final Monograph or approved new
drug application.
B. The offense of unlawful marketing of ephedrine or pseudoephedrine
is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of distribution of a controlled substance
in violation of registration requirements if he or she:
1.
Is subject to the provisions of Sections 195.005 to 195.198,
RSMo., and knowingly distributes or dispenses a controlled substance
in violation of Section 195.030, RSMo.;
2.
Is a registrant, and knowingly distributes or dispenses a controlled
substance not authorized by that person's registration to another
registrant or other authorized person; or
3.
Knowingly refuses or fails to make, keep or furnish any record,
notification, order form, statement, invoice or information required
under Section 195.050, RSMo.
B. The offense of distribution of a controlled substance in violation of registration requirements is a Class E felony when the offense is a violation of Subdivision (1) or (2) of Subsection
(A) of this Section.
C. The offense of distribution of a controlled substance in violation of registration requirements is a Class A misdemeanor when the offense is a violation of Subdivision (3) of Subsection
(A) of this Section.
[Ord. No. 2.56, 9-19-2019]
A. A manufacturer or distributor, or an employee of a manufacturer or
distributor, commits the offense of unlawful delivery of a controlled
substance when he or she knowingly delivers a controlled substance
while acting recklessly as to whether the controlled substance will
be used in violation of this Chapter.
B. The offense of unlawful delivery of a controlled substance by a manufacturer
or distributor is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
A. Any pharmacist licensed under Chapter 338, RSMo., commits the offense
of tampering with a prescription or a prescription drug order as defined
in Section 338.095, RSMo., if such person knowingly:
1.
Causes the intentional adulteration of the concentration or
chemical structure of a prescribed drug or drug therapy without the
knowledge and consent of the prescribing practitioner; or
2.
Misrepresents a misbranded, altered, or diluted prescription
drug or drug therapy with the purpose of misleading the recipient
or the administering person of the prescription drug or drug therapy;
or
3.
Sells a misbranded, altered, or diluted prescription drug therapy
with the intention of misleading the purchaser.
B. The offense of tampering with a prescription drug order is a Class
A felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of possession of anhydrous ammonia in
a non-approved container if he or she possesses any quantity of anhydrous
ammonia in a cylinder or other portable container that was not designed,
fabricated, tested, constructed, marked and placarded in accordance
with the United States Department of Transportation Hazardous Materials
regulations contained in CFR 49 Parts 100 to 185, revised as of October
1, 2002, and approved for the storage and transportation of anhydrous
ammonia, or any container that is not a tank truck, tank trailer,
rail tank car, bulk storage tank, field (nurse) tank or field applicator.
B. Cylinder and other portable container valves and other fittings,
or hoses attached thereto, used in anhydrous ammonia service shall
be constructed of material resistant to anhydrous ammonia and shall
not be constructed of brass, copper, silver, zinc, or other material
subject to attack by ammonia. Each cylinder utilized for the storage
and transportation of anhydrous ammonia shall be labeled, in a conspicuous
location, with the words "ANHYDROUS AMMONIA" or "CAUTION: ANHYDROUS
AMMONIA" and the UN number 1005 (UN 1005).
C. The offense of possession of anhydrous ammonia in a non-approved
container is a Class E felony.
[Ord. No. 2.56, 9-19-2019]
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl
nitrite, ethyl nitrite, pentyl nitrite, and propyl nitrite and their
iso-analogues or induce any other person to do so, for the purpose
of causing a condition of, or inducing symptoms of, intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction, or dulling of senses or nervous system, or
for the purpose of, in any manner, changing distorting, or disturbing
the audio, visual, or mental processes; except that this Section shall
not apply to the inhalation of anylanesthesia for medical or dental
purposes.
[Ord. No. 2.56, 9-19-2019]
A. As used in this Section, "alcohol beverage vaporizer" means any device
which, by means of heat, a vibrating element, or any other method,
is capable of producing a breathable mixture containing one (1) or
more alcoholic beverages to be dispensed for inhalation into the lungs
via the nose or mouth, or both.
B. No person shall intentionally or willfully induce the symptoms of
intoxication, elation, euphoria, dizziness, excitement, irrational
behavior, exhilaration, paralysis, stupefaction, or dulling of the
senses or nervous system, distortion of audio, visual or mental processes
by the use or abuse of any of the following substances:
1.
Solvents, particularly toluol;
3.
Amyl nitrite and its iso-analogues;
4.
Butyl nitrite and its iso-analogues;
5.
Cyclohexyl nitrite and its iso-analogues;
6.
Ethyl nitrite and its iso-analogues;
7.
Pentyl nitrite and its iso-analogues; and
8.
Propyl nitrite and its iso-analogues.
C. This Section shall not apply to substances that have been approved
by the United States Food and Drug Administration as therapeutic drug
products or are contained in approved over-the-counter drug products
or administered lawfully pursuant to the order of an authorized medical
practitioner.
D. No person shall intentionally possess any solvent, particularly toluol,
amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl
nitrite, and propyl nitrite and their iso-analogues for the purpose
of using it in the manner prohibited by Section 579.097, RSMo., and
this Section.
E. No person shall possess or use an alcoholic beverage vaporizer.
F. Nothing in this Section shall be construed to prohibit the legal
consumption of intoxicating liquor, as defined by Section 311.020,
RSMo., or non-intoxicating beer.
[Ord. No. 2.56, 9-19-2019]
A. No person shall intentionally possess or buy any solvent, particularly
toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite,
pentyl nitrite, and propyl nitrite and their iso-analogues for the
purpose of inducing or aiding any other person to violate the provisions
of Section 579.097 and 579.099, RSMo.
B. Any person who violates any provision of Sections 579.097 to 579.101,
RSMo., is guilty of a Class B misdemeanor for the first violation
and a Class E felony for any subsequent violations.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of selling or transferring solvents
to cause certain symptoms if he or she knowingly and intentionally
sells or otherwise transfers possession of any solvent, particularly
toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite,
pentyl nitrite, and propyl nitrite and their iso-analogues to any
person for the purpose of causing a condition of, or inducing symptoms
of, intoxication, elation, euphoria, dizziness, excitement, irrational
behavior, exhilaration, paralysis, stupefaction, or dulling of senses
or nervous system, or for the purpose of, in any manner, changing,
distorting, or disturbing the audio, visual, or mental processes.
B. No person who owns or operates any business which receives over fifty
percent (50%) of its gross annual income from the sale of alcoholic
beverages or beer, or which operates as a venue for live entertainment
performance or receives fifty percent (50%) of its gross annual income
from the sale of recorded video entertainment, shall sell or offer
for sale toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite,
ethyl nitrite, pentyl nitrite, and propyl nitrite and their iso-analogues,
or any toxic glue.
C. Violation of this Section is a Class D felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of keeping or maintaining a public nuisance
if he or she knowingly keeps or maintains:
1.
Any room, building, structure or inhabitable structure, as defined
in Section 556.061, RSMo., which is used for the illegal manufacture,
distribution, storage, or sale of any amount of a controlled substance,
except thirty-five (35) grams or less of marijuana or thirty-five
(35) grams or less of any synthetic cannabinoid; or
2.
Any room, building, structure or inhabitable structure, as defined
in Section 556.061, RSMo., where on three (3) or more separate occasions
within the period of a year, two (2) or more persons, who were not
residents of the room, building, structure, or inhabitable structure,
gathered for the principal purpose of unlawfully ingesting, injecting,
inhaling or using any amount of a controlled substance, except thirty-five
(35) grams or less of marijuana or thirty-five (35) grams or less
of any synthetic cannabinoid.
B. In addition any other criminal prosecutions, the prosecuting attorney
or circuit attorney may by information or indictment charge the owner
or the occupant, or both the owner and the occupant of the room, building,
structure, or inhabitable structure with the offense of keeping or
maintaining a public nuisance.
C. The offense of keeping or maintaining a public nuisance is a Class
E felony.
D. Upon the conviction of the owner pursuant to this Section, the room,
building, structure, or inhabitable structure is subject to the provisions
of Sections 513.600 to 513.645, RSMo.
[Ord. No. 2.56, 9-19-2019]
A. A person may lawfully possess or have under his or her control a
controlled substance if he or she obtained the controlled substance
directly from, or pursuant to, a valid prescription or practitioner's
order issued in the course of a practitioner's professional practice
or except as otherwise authorized by this Chapter or Chapter 195,
RSMo.
B. In any complaint, information, or indictment, and in any action or
proceeding brought for the enforcement of any provision of this Chapter
or Chapter 195, RSMo., it shall not be necessary to negate any exception,
excuse, proviso, or exemption, contained in this Chapter or Chapter
195, RSMo., and the burden of proof of any such exception, excuse,
proviso or exemption, shall be upon the defendant.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of possession of methamphetamine precursors
if he or she knowingly possesses one (1) or more chemicals listed
in Subsection 2 of Section 195.400, RSMo., reagents, solvents, or
any other chemicals proven to be precursor ingredients of methamphetamine
or amphetamine, as established by expert testimony, with the intent
to manufacture, compound, convert, produce, process, prepare, test,
or otherwise alter that chemical to create a controlled substance
or a controlled substance analogue in violation of this Chapter or
Chapter 195, RSMo.
B. Possession of more than twenty-four (24) grams of ephedrine or pseudoephedrine
shall be prima facie evidence of intent to violate this Section. This
Subsection shall not apply to any practitioner or to any product possessed
in the course of a legitimate business.
C. The offense of possession of methamphetamine precursors is a Class
E felony.
[Ord. No. 2.56, 9-19-2019]
A. Any manufacturer or wholesaler who sells, transfers, or otherwise
furnishes ephedrine, pseudoephedrine or phenylpropanolamine, or any
of their salts, optical isomers and salts of optical isomers, alone
or in a mixture, and is required by Federal law to report any suspicious
transaction to the United States Attorney General, shall submit a
copy of the report to the chief law enforcement official with jurisdiction
before completion of the sale or as soon as practicable thereafter.
B. As used in this Section, "suspicious transaction" means any sale
or transfer required to be reported pursuant to 21 U.S.C. Section
830(b)(1).
C. The offense of failure to report suspicious transactions is a Class
E felony.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of distribution of prescription medication
on school property if he or she is less than twenty-one (21) years
of age and knowingly distributes upon the real property comprising
a public or private elementary or secondary school or school bus a
prescription medication to any individual who does not have a valid
prescription for such medication. For purposes of this Section, prescription
medication shall not include medication containing a controlled substance,
as defined in Section 195.010, RSMo.
B. The provisions of this Section shall not apply to any person authorized
to distribute a prescription medication by any school personnel who
are responsible for storing, maintaining, or dispensing any prescription
medication under Chapter 338, RSMo. This Section shall not limit the
use of any prescription medication by emergency personnel during an
emergency situation.
C. The offense of distribution of prescription medication on school
property is a Class B misdemeanor for a first offense and a Class
A misdemeanor for any second or subsequent offense.
[Ord. No. 2.56, 9-19-2019]
A. A person commits the offense of possession of prescription medication
on school property if he or she is less than twenty-one (21) years
of age and knowingly possesses upon the real property comprising a
public or private elementary or secondary school or school bus prescription
medication without a valid prescription for such medication. For purposes
of this Section, prescription medication shall not include medication
containing a controlled substance, as defined in Section 195.010,
RSMo.
B. The provisions of this Section shall not apply to any person authorized
to possess a prescription medication by any school personnel who are
responsible for storing, maintaining, or dispensing any prescription
medication under Chapter 338, RSMo. This Section shall not limit the
use of any prescription medication by emergency personnel during an
emergency situation.
C. The offense of possession of prescription medication on school property
is a Class C misdemeanor for a first offense and a Class B misdemeanor
for any second or subsequent offense.
[Ord. No. 2.56, 9-19-2019]
A. The following words or phrases as used in this Chapter have the following
meanings, unless the context otherwise requires:
PERSISTENT DRUG OFFENDER
One who has been found guilty of two (2) or more felony offenses
of the laws of this State or of the United States, or any other State,
territory or district relating to controlled substances.
PRIOR DRUG OFFENDER
One who has been found guilty of any felony offense of the
laws of this State, or of the United States, or any other State, territory
or district relating to controlled substances.
B. Prior findings of guilt shall be pleaded and proven in the same manner
as required by Section 558.021, RSMo.
C. The court shall not instruct the jury as to the range of punishment
or allow the jury, upon a finding of guilty, to assess and declare
the punishment as part of its verdict in cases of prior drug offenders
or persistent drug offenders.
D. The court shall sentence a person who has been found to be a prior
drug offender and is found guilty of a Class C, D, or E felony under
this Chapter to the authorized term of imprisonment for an offense
one (1) class higher than the offense for which the person was found
guilty.
E. The court shall sentence a person who has been found to be a persistent
drug offender and is found guilty of a Class C, D, or E felony under
this Chapter to the authorized term of imprisonment for an offense
two (2) classes higher than the offense for which the person was found
guilty. The court shall sentence a persistent drug offender who is
found guilty of a Class B felony under this Chapter to the authorized
term of imprisonment for a Class A felony offense.
[Ord. No. 2.56, 9-19-2019]
Any law enforcement officer of the State of Missouri, or of
any political subdivision thereof, may, within the boundaries of the
political entity from which he or she derives his or her authority,
arrest without a warrant any person he or she sees violating or whom
he or she has probable cause to believe has violated any provision
of this Chapter.
[Ord. No. 2.56, 9-19-2019]
A. It is not necessary for the State to negate any exemption or exception
in this Chapter or Chapter 195, RSMo., in any complaint, information,
indictment, or other pleading or in any trial, hearing, or other proceeding
under this Chapter or Chapter 195, RSMo. The burden of producing evidence
of any exemption or exception is upon the person claiming it.
B. In the absence of proof that a person is the duly authorized holder
of an appropriate registration or order form issued under Chapter
195, RSMo., the person is presumed not to be the holder of the registration
or form. The burden of producing evidence with respect to the registration
or order form is upon such person claiming to be the authorized holder
of the registration or form.
[Ord. No. 2.56, 9-19-2019]
No criminal liability is imposed by this Chapter upon any authorized
State, County, or municipal officer, lawfully engaged in the enforcement
of this Chapter in good faith.
[Ord. No. 2.56, 9-19-2019]
It shall be unlawful for any person or organization to bring
alcoholic beverages or alcoholic containers into Arnold City Park
or to serve alcoholic beverages within Arnold City Park during the
days that are designated by the City Council as "Arnold Days Celebration."
Notwithstanding the provisions of this Section to the contrary, alcoholic
beverages may be served upon the premises of Arnold City Park during
the Arnold Days Celebration time period provided that written permission
to sell alcoholic beverages has been granted by the City.