[1]
Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
[Ord. No. 17-02, 1-26-2017]
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]
[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.
[Ord. No. 17-02, 1-26-2017]
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]
[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.
[Ord. No. 19-12, 7-2-2019]
A. 
Definitions. For the purpose of this Section the following terms have the following meanings:
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked, which includes any one (1) or more of the following chemicals:
1. 
2-[(1R,3S) -3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl) where side chain n=5, and homologues where side chain n-4, 6, or 7;
2. 
(6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethyl-3-(2-methyloctan-02-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-o1)(also known as HU-211 or Dexanabinol;
3. 
1-pentyl-3(1-naphthoyl) indole (also known as JWH-018); or
4. 
1-butyl-3(1-naphthoyl) indole (also known as JWH-073).
B. 
It shall be unlawful for any person to sell, offer to sell, gift, or publicly display for sale any illegal smoking product.
C. 
It is unlawful for any person to knowingly possess any illegal smoking product.
D. 
The City also prohibits all of the drugs included in Section 195.017, RSMo., a copy of which is attached hereto and incorporated herein as Exhibit "A," same is held on file in the City offices.
E. 
The City also prohibits infused products, including, but not limited to Kratom, CBD infused with THC oils whether infused in products known and referred to as brownies, whipped cream, torches, spice, genie, zohai, da sents, as well as x-chemicals and its analogs
F. 
Any person violating Subsections (B), (C), (D) and/or (E) of this Section shall, upon a plea of guilty or a finding of guilt, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not exceeding 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 displayed for sale.
[Ord. No. 17-02, 1-26-2017]
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.
B. 
The penalty for a knowing violation of Subsection (A) of this Section is found in Section 579.060, RSMo.
[Ord. No. 17-02, 1-26-2017]
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.
[Ord. No. 17-02, 1-26-2017]
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.
[Ord. No. 17-02, 1-26-2017]
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.
[Ord. No. 17-02, 1-26-2017]
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. 
For purposes of this Section, the following terms mean:
DRUG MASKING PRODUCT
Synthetic urine, human urine, a substance designated to be added to human urine, or a substance designated to be added to or used on human hair or oral fluid for the purpose of defrauding an alcohol or a drug screening test.
SYNTHETIC URINE
A substance that is designated to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.
B. 
A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.
[R.O. 2004 § 235.470; Ord. No. 09-09, 3-10-2009]
A. 
All controlled substances, imitation controlled substances or drug paraphernalia for the administration, use or manufacture of controlled substances or imitation controlled substances and which have come into the custody of a Peace Officer or officer or agent of the Department of Health and Senior Services as provided by Chapter 195, RSMo., or Chapter 579, RSMo., the lawful possession of which is not established or the title to which cannot be ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal Procedure for the courts of Missouri or some other appropriate hearing, shall be forfeited, and disposed of as follows:
1. 
Except as in this Section otherwise provided, the court or Associate Circuit Judge having jurisdiction shall order such controlled substances, imitation controlled substances, or drug paraphernalia forfeited and destroyed. A record of the place where said controlled substances, imitation controlled substances, or drug paraphernalia were seized, of the kinds and quantities of controlled substances, imitation controlled substances, or drug paraphernalia so destroyed, and of the time, place and manner of destructions, shall be kept, and a return under oath, reporting the destruction of the controlled substances, imitation controlled substances, or drug paraphernalia shall be made to the court or Associate Circuit Judge;
2. 
The Department of Health and Senior Services shall keep a complete record of all controlled substances, imitation controlled substances, or drug paraphernalia received and disposed of, together with the dates of such receipt and disposal, showing the exact kinds, quantities, and forms of such controlled substances, imitation controlled substances, or drug paraphernalia; the persons from whom received and to whom delivered; and by whose authority they were received, delivered or destroyed; which record shall be open to inspection by all Federal or State Officers charged with the enforcement of Federal and State narcotic or controlled substances laws.
B. 
Additional Items Forfeited; Rebuttable Presumption; Procedure.
1. 
Everything of value furnished, or intended to be furnished, in exchange for a controlled substance, imitation controlled substance or drug paraphernalia in violation of Chapter 195, RSMo., or Chapter 579, RSMo., all proceeds traceable to such an exchange, and all moneys, negotiable instruments, or securities used, or intended to be used, to facilitate any violation of Chapter 195, RSMo., or Chapter 579, RSMo., shall be forfeited, except that no property shall be forfeited under this Subsection to the extent of the interest of an owner by reason of any act or omission established by him/her to have been committed without his or her knowledge or consent.
2. 
Any moneys, coin, or currency found in close proximity to forfeitable controlled substances, imitation controlled substances, or drug paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled substances, imitation controlled substances or drug paraphernalia are presumed to be forfeitable under this Subsection. The burden of proof shall be upon claimants of the property to rebut this presumption.
3. 
All forfeiture proceedings shall be conducted pursuant to the provisions of Sections 513.600 to 513.653, RSMo.
[R.O. 2004 § 235.500; Ord. No. 09-09, 3-10-2009]
It shall be unlawful for any person to offer for sale or display for sale with intent to sell drug paraphernalia.
[R.O. 2004 § 235.510; Ord. No. 09-09, 3-10-2009]
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 any advertisement knowing, or under circumstances where one (1) 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.