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 as authorized by Chapter 579 or Chapter 195, RSMo.[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 as authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo.[2]
A.
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.
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.
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.
Generally. The City Council of the City of Sikeston has
found the manufacture, transportation, possession and sale of methamphetamine
is inherently dangerous, and that the chemicals, compounds, substances,
byproducts and wastes associated with the manufacture of methamphetamine
are both dangerous and injurious to the public health, safety and
welfare to the citizens of Sikeston. Regulation of the sale of ephedrine
products is warranted to protect existing and future residents of
this community.
B.
EPHEDRINE
EPHEDRINE PRODUCT
PACKAGE
PERSON
SELL
Ephedrine Control—Definitions. As used in this Section,
the following words and/or phrases shall have the following meanings
as set forth herein:
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all other combinations
of these chemicals.
Any product that contains ephedrine, its salts, isomers,
or salts of isomer, as its sole active ingredient or in combination
with less than therapeutically significant qualities 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, delivery,
surrender, or supply, whether for monetary gain or not.
C.
Restrictions On Public Access To Ephedrine Products.
1.
It shall be illegal to sell, deliver, or distribute ephedrine, pseudoephedrine,
their salts, their optical isomers or salts of their optical isomers,
without a valid prescription from a physician or other healthcare
professional licensed by the State of Missouri to write prescriptions,
and filled by a Missouri-licensed pharmacist.
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 to the Sikeston Department of Public
Safety within twenty-four (24) hours of such discovery.
2.
Any person who sells ephedrine products shall report any difference
between the quantity of ephedrine shipped and the quantity received
to the Sikeston Department of Public Safety within twenty-four (24)
hours of discovery.
E.
Penalty And Injunctive Relief.
1.
Each violation of this Section shall be considered a separate offense.
2.
The City Manager may institute an action for injunctive relief to
enforce the provision 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/her or it personally, provided such an act or omission was
within the scope of employment or the scope of authority of such agent
or employee.
[Ord. No. 6168, 11-4-2019]
A.
It
shall be illegal for any person to keep or maintain a public nuisance.
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 Missouri Revised Statutes 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 Missouri Revised Statutes 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 to any other criminal prosecutions, including prosecution
by the City of Sikeston Prosecuting Attorney, the Scott County Prosecuting
Attorney or the New Madrid County Prosecuting Attorney, the prosecuting
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 A Misdemeanor.
D.
Upon
the conviction of the owner pursuant to this Section, the room, building,
structure, or inhabitable structure is subject to the provisions of
Missouri Revised Statutes Sections 513.600 to 513.645, RSMo.
