A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
A person commits the offense of possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses a controlled substance, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
A.
EPHEDRINE
EPHEDRINE PRODUCT
PACKAGE
PERSON
SELL
Definitions. As used in this Section, the following words
and/or phrases shall have the meanings as set forth herein:
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all combinations
of these chemicals.
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.
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender or supply whether for monetary gain or not.
B.
It
shall be unlawful for any person to sell any ephedrine product without
a valid prescription written by a Missouri licensed physician and
filled by a Missouri licensed pharmacist. The prohibition set forth
herein shall not apply to the sale of animal feed containing ephedrine.
C.
The
retail sale of methamphetamine precursor drugs shall be limited to:
1.
Sales in packages containing not more than a total of three (3) grams
of one (1) or more methamphetamine precursor drugs calculated in terms
of ephedrine base, pseudoephedrine base and phenylpropanolamine base;
and
2.
For non-liquid products, sales in blister packs, each blister containing
not more than two (2) dosage units, or where the use of blister packs
is technically infeasible, sales in unit dose packets or pouches.
E.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsections (B) or (C) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, 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 Chapter 579, RSMo., or Chapter 195, RSMo.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
CONTROLLED SUBSTANCE
DELIVER OR DELIVERY
DRUG PARAPHERNALIA
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
13.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
IMITATION CONTROLLED SUBSTANCE
1.
2.
3.
4.
5.
6.
MANUFACTURE
1.
2.
METHAMPHETAMINE PRECURSOR DRUG
PERSON
POSSESSED OR POSSESSING A CONTROLLED SUBSTANCE
SALE
Definitions. As used in this Section, the following words
and/or phrases shall have the meanings as set forth herein:
A drug, substance, or immediate precursor in Schedules I
through V listed in Sections 195.005 to 195.425, RSMo.
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 a sale.
All equipment, products, substances, materials of any kind
which are used, intended for use designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of Sections 195.005 to 195.425, 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, or designed 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 an imitation controlled substance;
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;
Dilutents 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,
intended for use, or designed for use in compounding controlled substances
or imitation 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;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
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;
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;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance; In determining whether an object,
product, substance or material is drug paraphernalia, a court or other
authority should consider, in addition to all other logically relevant
factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
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;
The proximity of the object, in time and space, to a direct
violation of Sections 195.005 to 195.425, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons who
he knows, or should reasonably know, intend to use the object to facilitate
a violation of Sections 195.005 to 195.425, RSMo.; the innocence of
an owner, or of anyone in control of the object, as to direct violation
of Sections 195.005 to 195.425, RSMo., shall not prevent a finding
that the object is intended for use, or designed for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
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;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
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 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 investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
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 or the preparation, compounding, packaging or labeling of
a narcotic or dangerous drug:
By a practitioner as an incident to his administering or dispensing
of a controlled substance or an imitation controlled substance in
the course of his professional practice, or
By a practitioner or his authorized agent under his supervision
for the purpose of, or as an incident to, research, teaching or chemical
analysis and not for sale.
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
A person, with the knowledge of the presence and nature of
a substance, has actual or constructive possession of the substance.
A person has actual possession if he has the substance on his person
or within easy reach and convenient control. A person who, although
not in actual possession, has the power and the intention at a given
time to exercise dominion or control over the substance either directly
or through another person or persons is in constructive possession
of it. Possession may also be sole or joint. If one (1) person alone
has possession of a substance, possession is sole. If two (2) or more
persons share possession of a substance, possession is joint.
Includes barter, exchange, or gift, or offer thereof, and
each such transaction made by any person, whether as principal, proprietor,
agent, servant or employee.
B.
Unlawful Delivery Or Manufacture Of Drug Paraphernalia.
1.
It is unlawful for any person to deliver, possess with intent to
deliver, or manufacture 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 Sections 195.005
to 195.425, RSMo.
2.
Possession of more than twenty-four (24) grams of any methamphetamine
precursor drug or combination of methamphetamine precursor drugs 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.
Unlawful Advertisements To Promote Sale Of Drug Paraphernalia Or
Imitation Controlled Substances.
1.
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.
2.
It is unlawful for any person to place in any newspaper, magazine,
handbill, or other publication, or to post or distribute in any public
place, any advertisement or solicitation with reasonable knowledge
that the purpose of the advertisement or solicitation is to promote
the distribution of imitation controlled substances.
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 any anesthesia for medical or dental
purposes.
A.
As used in this Section, "alcohol beverage vaporizer" means any device
which, by means of heat, a vibrating element, or any 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;
2.
Ethyl alcohol;
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 210.1840 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.
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 Sections 210.1840 and 210.1850 hereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
Any
person who appears to be incapacitated or intoxicated may be taken
by a Police Officer of the City, to the person's residence, to any
available treatment service, or to any appropriate local facility,
which may if necessary include the City Jail. However, if any person
is taken into custody, said period of custody shall not exceed twelve
(12) hours.
B.
Any officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to Subsection (A) above if the officer has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol and he/she does not use unreasonable excessive force to detain such person.
C.
Such
immunity from prosecution includes the taking of reasonable action
to protect himself/herself from harm by the intoxicated or incapacitated
person.
A.
It
is unlawful for any person or corporation knowing, or under circumstances
where one reasonably should know to sell, lend, rent, lease, give,
exchange, or otherwise distribute to any person or corporation any
product containing MDPV or to display for sale or possess with an
intent to distribute said products containing MDPV.
B.
It
is also unlawful to use or possess with the intent to use MDPV or
otherwise introduce into the human body any products containing MDPV.
C.
Any
person violating the terms of this Section shall be punished, upon
conviction, with a fine up to five hundred dollars ($500.00) and incarceration
of up to thirty (30) days, with each day of violation constituting
a separate offense.