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]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 579.015, RSMo.
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]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 579.015, RSMo.
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. 
Definitions. As used in this Section, the following words and/or phrases shall have the following meanings as set forth herein.
COUNTER
Any obstructive, physical barrier that separates ephedrine products from access by a customer or the general public, and which makes such products available to a customer or the general public only through or by the act of an employee of the seller.
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 display or offer to sell any ephedrine product unless the ephedrine product is placed behind a counter.
C. 
Exception. The prohibition contained in Section (B) shall not apply to the sale of animal feed containing ephedrine.
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 City of Foristell Police Department within three (3) calendar days of such a discovery.
2. 
Any person who sells ephedrine products shall report to the City of Foristell Police Department any difference between the quantities 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 day a violation of Section 210.1825 exists shall be considered a separate offense.
2. 
The City Attorney may institute an action for injunctive relief to enforce the provisions of this Section 210.1825.
3. 
Every act or omission constituting a violation of any of the provisions of this Section 210.1825 by any agent or employee of any 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 of the scope of authority of such agent or employee.
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. 
For the purposes of this Section, the following words and phrases are defined as follows:
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I through V listed in Sections 195.005 to 195.425, RSMo.
DRUG PARAPHERNALIA
As used herein, shall be defined and include the following:
1. 
All equipment, products and materials of any kind which are used, intended for use, or 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:
a. 
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;
b. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances;
c. 
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;
d. 
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;
e. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;
f. 
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;
g. 
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;
h. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;
i. 
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;
j. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;
k. 
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; and
l. 
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:
(1) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) 
Water pipes;
(3) 
Carburetion tubes and devices;
(4) 
Smoking and carburetion masks;
(5) 
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;
(6) 
Miniature cocaine spoons and cocaine vials;
(7) 
Chamber pipes;
(8) 
Carburetor pipes;
(9) 
Electric pipes;
(10) 
Air-driven pipes;
(11) 
Chillums;
(12) 
Bongs; and
(13) 
Ice pipes or chillers.
2. 
In determining whether an object is drug paraphernalia, a court or other police authority should consider, in addition to all other logically relevant factors, the following:
a. 
Statements by an owner or by anyone in control of the object concerning its use;
b. 
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;
c. 
The proximity of the object, in time and space, to a direct violation of Sections 195.005 to 195.425, RSMo.;
d. 
The proximity of the object to controlled substances or imitation controlled substances;
e. 
The existence of any residue of controlled substances or imitation controlled substances on the object;
f. 
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/she 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;
g. 
Instructions, oral or written, provided with the object concerning its use;
h. 
Descriptive materials accompanying the object which explain or depict its use;
i. 
National or local advertising concerning its use;
j. 
The manner in which the object is displayed for sale;
k. 
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;
l. 
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
m. 
The existence and scope of legitimate uses for the object in the community; and
n. 
Expert testimony concerning its use.
B. 
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.
C. 
It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publication, circulated or intended to be circulated within the boundaries of the City of Foristell, Missouri, any advertising, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement in whole or part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
D. 
Seizure Of Drug Paraphernalia.
1. 
All drug paraphernalia defined in Subsection (A) may be seized without warrant by an officer of the City of Foristell Police Department, and same shall be subject to forfeiture.
2. 
All property, seized without a search warrant pursuant to Subsection (F)(1), shall not be subject to a replevin action and shall be kept by the property division of the City of Foristell Police Department for so long as it is needed as evidence.
3. 
Upon acquittal of a charge of violating this Section, all property, seized shall be returned at the request of the owner.
4. 
Upon conviction of a charge of violating this Section, and when no longer needed as evidence, all property, seized pursuant to Subsection (F)(1) of this Section, that has been used or is intended to be used in violation of this provision of this Section shall be destroyed by the City of Foristell Police Department; provided that the City of Foristell Police Department may keep a small quantity of the property seized for training purposes or for use in investigations; and provided further, that any large quantity of property, described in Subsection (A) of this Section and seized pursuant to Subsection (F)(1) hereof, whether seized under a search warrant or validly seized without a warrant, may be disposed of on order of a court of record of this State in such manner as the court, in its sound discretion, shall direct. Such an order may be given only after a proper laboratory examination and report of such property has been completed and after a hearing has been held by the court after notice to the defendant of the proposed disposition of the property. The findings in such court order as to the nature, kind, and quantity of the property so disposed of may be accepted as evidence at subsequent court proceedings in lieu of the property ordered destroyed by the court order.
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.
B. 
Any person who violates any provision of Sections 210.1840 through 210.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
A. 
As used in this Section, the following terms shall have these prescribed meanings:
ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, which includes any one or more of the following chemicals:
1. 
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(20methyloctan-2-yl)phenol (also known as CP47,497) and homologues;
2. 
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tet- rahydrobenzo[c]chromen-1-ol)(also known as HY-211 or Dexanabinol);
3. 
1-Pentyl-3-(1-naphthoyl)indole (also known as Jwh-018); or
4. 
Butyl-3-(1-naphthoyl)indole (also known as JWH-073);
regardless of whether the substance is marketed for the purpose of being smoked.
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
B. 
Unlawful To Sell, Offer, Gift Or Display. It shall be unlawful for any person to sell, offer to sell, gift, or publicly display for sale any illegal smoking product.
C. 
Possession Unlawful. It is unlawful for any person to knowingly possess any illegal smoking product.
POSSESSED or POSSESSING
Is defined as a person, with the knowledge of the presence and nature of the K2 or similar substance laced with JWH-018, JWH-073 or related chemicals; has actual or constructive possession of the K2 or similar 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 K2 or similar substance either directly, or through another person or persons, is in constructive possession of it. Possession may also be sole or joint. If one person alone has possession of the K2 or similar substance, possession is sole. If two (2) or more person have possession of the K2 or similar substance, possession is joint.
D. 
Penalty. Any person violating Subsection (B) or (C) of this Section shall be guilty of an infraction and upon a plea of guilty or a finding of guilt, shall be subject to a fine of not more than five hundred dollars ($500.00) or by detention in the jail of the St. Charles County Department of Corrections for a term not to exceed ninety (90) days, or by both such fine and imprisonment. A separate offense shall be deemed committed for each sale, offer to sell, gift, or public display for sale. Any person violating Subsections (B) or (C) a second (2nd) or subsequent time shall be guilty of an infraction offense and upon a plea of guilty or a finding of guilt shall be subject to a sentence of five hundred dollars ($500.00). These penalty provisions are subject to limitations imposed by State Statute or Supreme Court guidelines.