[R.O. 1996 § 215.040; Ord. No. 836 § 16-46, 2-8-1993; Ord. No. 2475, 9-9-2019; Ord. No. 2436, 9-25-2023]
As used in this Article, the following terms shall mean:
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
A drug, substance or immediate precursor in Schedules I through
V listed in Chapter 195, RSMo.
The actual, constructive or attempted transfer from one (1)
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.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
Lysergic acid diethylamide; or
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery. "Dispenser" means a practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
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:
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;
Diluents 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;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
(Reserved)
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, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, 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,
except those for use with 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 this Article or Chapter 579, 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 whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Article or Chapter 579, RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this Article or Chapter 579, 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;
Including lysergic acid diethylamide, mescaline, psilocybin,
and various types of methoxyamphetamines.
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 non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance which it is alleged to imitate. Furthermore,
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.
Stimulants such as amphetamines and methamphetamines.
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Persons required to obtain annual registration as issued
by the State Division of Health as provided by Section 195.030, RSMo.
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 by an individual for his/her own use or the preparation,
compounding, packaging or labeling of a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching
or chemical analysis and not for sale.
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to Cannabis sativa L., except
industrial hemp, Cannabis indica, Cannabis americana, Cannabis ruderalis,
and Cannabis gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, sale, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
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 licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Section shall be construed
as conferring on a person who is not registered or licensed as a pharmacist
any authority, right or privilege that is not granted to him/her by
the pharmacy laws of this State.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such on the primary caregiver's application for an identification card under the provisions of Article XIV, Section 1, of the Missouri Constitution or in other written notification to the Missouri Department of Health and Senior Services.
Includes the manufacture, planting, cultivation, growing
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined by Article XIV, Section 1, of the Missouri Constitution.
A person who, in the usual course of business, stores drugs
for others, lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he/she himself/herself has
not produced or prepared, on official written orders, but not on prescriptions.
[R.O. 1996 § 215.045; Ord. No. 836 § 16-47, 2-8-1993; Ord. No. 2475, 9-9-2019]
A.
Except as authorized by Article XIV, Section 1, of the Missouri Constitution, no person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare, distribute, dispense or prescribe any controlled substance, and no person as a wholesaler shall supply the same, without having first obtained annually a registration issued by the Department of Health and Senior Services in accordance with the rules and regulations promulgated by it.
B.
The following persons shall not be required
to register and may lawfully possess controlled substances pursuant
to Chapters 195 and 579, RSMo.:
1.
An agent or employee, excluding physicians,
dentists, optometrists, podiatrists or veterinarians, of any registered
manufacturer, distributor, or dispenser of any controlled substance
if such agent is acting in the usual course of his or her business
or employment;
2.
A common or contract carrier or warehouseman,
or an employee thereof, whose possession of any controlled substance
is in the usual course of business or employment;
3.
An ultimate user or a person in possession
of any controlled substance pursuant to a lawful order of a practitioner
or in lawful possession of a Schedule V substance.
C.
Any person shall be permitted to possess
controlled substances distributed or dispensed to him/her under the
provisions of this Section, but such possession and use must be in
accordance with the prescription and prescribed treatment.
D.
A person who is a licensed manufacturer, warehouseman, or wholesaler of controlled substances shall be permitted to possess controlled substances for the purposes of wholesale delivery, compounding, preparation, and manufacture only; and the same shall only be resold to other persons permitted by this Section to resell, or dispense or distribute controlled substances in the course of a licensed manufacturing or wholesale business, a licensed professional practice, or a licensed pharmaceutical business. A licensed manufacturer or wholesaler permitted to possess controlled substances in this Subsection (D) may also be a licensed pharmacist and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any controlled substances except upon written prescription as herein provided.
E.
All controlled substances in the possession
of any person convicted of a violation of this Section shall be seized
by, confiscated by, and forfeited to the Chief of Police, who shall
make proper disposition thereof.
F.
This Section shall not apply to the administering
or distributing or dispensing of any medicinal preparation that contains
in one (1) fluid ounce, or if a solid or semisolid preparation in
one (1) avoirdupois ounce, not more than one (1) grain of codeine
or any of its salts, provided that the preparation administered or
distributed or dispensed shall contain some drug or drugs of medicinal
qualities in addition to those possessed by the controlled substance
alone. Such preparation shall be administered, distributed, or dispensed
in good faith and not for the purpose of evading this Subsection.
However, no person shall administer, dispense, or sell, under the
exemption of this Section, any preparation included in this Subsection,
when he/she knows, or can by reasonable diligence ascertain, that
such administering, dispensing, or selling will provide the person
to whom or for whose use such preparation is administered, dispensed
or sold, within any forty-eight (48) consecutive hours, with more
than four (4) grains of codeine or any of its salts.
G.
The provisions of this Section restricting
the possession and control of controlled substances shall not apply
to common carriers or warehousemen engaged in lawfully transporting
or storing such controlled substances, or to any employee of such
common carriers or warehouseman within the scope of his/her employment,
or to public officers or employees in the performance of official
duties requiring possession or control of controlled substances, or
to persons aiding such officers or employees in performance of such
duties.
[R.O. 1996 § 215.050; Ord. No. 836 § 16-48, 2-8-1993; Ord. No. 2475, 9-9-2019]
Except as authorized by Article XIV, Section 1, of the Missouri Constitution, it is unlawful for any person to use, or to possess 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 in violation of this Article. Any person who violates this Section is guilty of an ordinance violation and upon conviction may be imprisoned and/or fined as set forth in Section 100.110 of this Code.
[R.O. 1996 § 215.055; Ord. No. 836 § 16-49, 2-8-1993; Ord. No. 2475, 9-9-2019]
Except as authorized by Article XIV, Section 1, of the Missouri Constitution, it is unlawful for any person to deliver, possess with intent to deliver, sell or advertise for sale, or manufacture with intent to deliver, drug paraphernalia, 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 in violation of this Article. Any person who violates this Section is guilty of an ordinance violation and upon conviction may be imprisoned and/or fined as set forth in Section 100.110 of this Code.
[R.O. 1996 § 215.060; Ord. No. 836 § 16-50, 2-8-1993; Ord. No. 2475, 9-9-2019]
Except as authorized by Article XIV, Section 1, of the Missouri Constitution, any person eighteen (18) years of age or over who violates Section 215.055 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his/her junior is guilty of a special offense and upon conviction may be imprisoned and/or fined as set forth in Section 100.110 of this Code.
[R.O. 1996 § 215.065; Ord. No. 836 § 16-51, 2-8-1993; Ord. No. 2475, 9-9-2019]
It shall be unlawful for any person
to deliver any simulated controlled substance to another person. Any
person who violates this Section is guilty of an ordinance violation
and upon conviction may be imprisoned for not more than ninety (90)
days, fined not more than five hundred dollars ($500.00), or both.
[R.O. 1996 § 215.070; Ord. No. 836 § 16-52, 2-8-1993; Ord. No. 2475, 9-9-2019; Ord. No. 2420, 5-8-2023]
A.
As used in this Section, the term "model
glue" shall mean any glue or cement of the type commonly used in the
building of model airplanes, boats, and automobiles, containing toluene,
acetone, or other solvent or chemical having the property of releasing
toxic vapors.
B.
No person shall, for the purpose of causing
a condition of intoxication, euphoria, excitement, exhilaration, stupefaction,
or dulling of the senses or nervous system, intentionally smell or
inhale the fumes from any model glue; provided, however, that this
Section shall not apply to the inhalation of any anesthesia for medical
or dental purposes.
C.
No person shall for the purpose of violating
or aiding another to violate any provision of this Section intentionally
possess, buy, sell, transfer possession, or receive possession of,
any model glue.
D.
Except as provided in Subsection (D)(2) hereof and also Subsection (E), no person under eighteen (18) years of age shall possess or buy any model glue.
E.
A person making a sale or transfer of possession
of model glue to a person under eighteen (18) years of age who exhibits
the written consent of his/her parent or guardian, shall record the
name, address, sex, and age of the minor and the name and address
of the consenting parent or guardian. All data required by this Subsection
shall be kept in a permanent-type register available for inspection
by the City Health Officer, Chief of Police, and other appropriate
official for a period of at least one (1) year.
1.
All model glue as herein defined
shall be kept in a place within the business establishment in such
a manner that the same shall not be obtainable without the personal
dispensing by the store owner or his/her agents, servants and employees.
2.
Any person other than a minor violating
the provisions of this Section shall be deemed guilty of an ordinance
violation. Persons not having obtained the age of eighteen (18) violating
any of the provisions of this Section shall be dealt with in accordance
with juvenile laws and procedures of the State.
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 210.071 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 210.071 and 210.072 hereof.
B.
Any person who violates any provision of Sections 210.071 through
210.073 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[R.O. 1996 § 215.075; Ord. No. 836 § 16-53, 2-8-1993; Ord. No. 2475, 9-9-2019]
A person commits the offense of possession of a controlled substance, as defined in Section 215.040 of this Article, 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 medical marijuana.[2]
[R.O. 1996 § 215.076; Ord. No. 2475, 9-9-2019]
A.
Any person in possession of medical marijuana
shall, immediately upon request of any Law Enforcement Officer, produce
a valid identification card issued by the Missouri Department of Health
and Senior Services, or its successor, or the respective equivalent
identification card or authorization issued by another state or political
subdivision of another state, authorizing them, as a qualifying patient
or primary caregiver, or employee of a licensed medical marijuana
facility, to access medical marijuana as provided by Missouri law.
Any person who fails to produce such identification card shall be
guilty of the offense of failure to produce a medical marijuana identification
card.
[1]
Editor's Note: Former Sections 215.077, Administration Of
Medical Marijuana In A Public Place, and 215.078, Disposal Of Medical
Marijuana, were repealed 9-25-2023 by Ord. No. 2436. Prior history
includes R.O. 1996 and Ord. No. 2475.
[R.O. 1996 § 215.079; Ord. No. 2475, 9-9-2019; Ord. No. 2436, 9-25-2023]
A.
A person commits the offense of driving under the influence of marijuana if he/she operates a motor vehicle under the influence of marijuana. For the purpose of determining the presence of marijuana in a person's blood under this Section, a test shall be conducted in accordance with the provisions of Sections 342.040 through 342.060 of Chapter 342 of this Code of Ordinances; provided, however, that the presence of marijuana in the defendant's system alone shall not be sufficient proof that the defendant was under the influence of marijuana.
[R.O. 1996 § 215.080; Ord. No. 836 § 16-54, 2-8-1993; Ord. No. 2475, 9-9-2019]
Any person who sells at retail, furnishes or dispenses any of the drugs mentioned in Section 215.085 upon a written prescription of a duly registered physician, veterinarian, podiatrist or dentist shall, at the time of dispensing the same, place upon the package a label, or deliver therewith a certificate, stating the name and address of the person selling or furnishing the same, the name and address of the physician, veterinarian or dentist upon whose prescription such sale is made, the date of sale and the name of the person to whom such sale is made and such directions as may be stated on the prescription.
[R.O. 1996 § 215.085; Ord. No. 836 § 16-55, 2-8-1993; Ord. No. 2475, 9-9-2019]
No person other than a manufacturer or a wholesale dealer in drugs or a licensed pharmacist, licensed druggist, duly registered practicing physician, licensed veterinarian or licensed dentist, shall possess any of the following drugs: cocaine, opium or any of its salts, alkaloids or derivatives, chloral, barbiturates, cannabis indica, marijuana, hashish, or any compound or preparation of any of them, or any amphetamine, deoxyephedrine, methamphetamine, or mephentermine, pipradol, phenmetrazine, methylphenidate, or any salt mixture or optical isomer thereof also having a stimulating effect on the central nervous system, or their salts, derivatives or preparations unless such possession is authorized by certificate or label prescribed in Section 215.080.
[R.O. 1996 § 215.090; Ord. No. 836 § 16-56, 2-8-1993; Ord. No. 2475, 9-9-2019]
No person shall adulterate, for the
purpose of sale, any drugs or medicines of any kind, and no person
shall sell, offer or expose for sale or give away any such adulterated
drugs or medicine.
[R.O. 1996 § 215.095; Ord. No. 836 § 16-57, 2-8-1993; Ord. No. 2475, 9-9-2019]
No person shall, at any place within
the corporate limits of the City, administer to himself/herself or
to any other person, in any way or manner, any narcotic or any compound,
drug or mixture of which a narcotic drug is a component part, or any
barbiturate, except upon prescription of a duly licensed physician,
nor shall any person, in any way or manner, aid, assist, abet or permit
the use or administration of any narcotic drug, or any compound, drug
or mixture of which a narcotic drug is a component part, or any barbiturate,
except upon prescription of a duly licensed physician, and any person
so offending shall be deemed guilty of an ordinance violation.
[R.O. 1996 § 215.100; Ord. No. 836 § 16-58, 2-8-1993; Ord. No. 2475, 9-9-2019]
No person shall use or be under the
influence of any narcotic drug or any compound or mixture of which
a narcotic drug is a component part, or any barbiturate, except when
administered by or under the direction of a person licensed by the
State to prescribe and administer narcotics. It shall be the burden
of the defense to show that it comes within the exception.
[R.O. 1996 § 215.105; Ord. No. 836 § 16-59, 2-8-1993; Ord. No. 2475, 9-9-2019]
No person shall, in the City, undertake,
attempt or pretend to cure any person addicted to the use of drugs,
of such addiction or habit, or treat such person, or prescribe for
such person for such purpose, or treat or prescribe for such person
for conditions resulting from the use of such drugs, where the cure
or treatment consists, in whole or in part, of administering or prescribing
for such person any heroin, cocaine, codeine, sulphonal, opium or
any of its salts, alkaloids or derivatives, chloral, or any of them
or any compound or preparation of any of them, or any narcotic habit-forming
drugs, in any amount, unless the person administering or prescribing
any of the aforesaid drugs for such treatment in such cases is duly
licensed by the Missouri State Board of Medical Examiners to practice
medicine in this State, and unless such person administering or prescribing
such drugs for the aforesaid purpose (or the person employing him/her
in such business, profession or practice) shall have first procured
a permit so to do from the Health Department of the City. The Health
Department shall, before issuing such permit, determine whether the
applicant therefor is qualified to carry on such business, profession
or practice, and is undertaking to do so in good faith; and if, after
such permit is issued, the department, after notice and hearing, shall
determine that such person is not qualified, or is not carrying on
such business, profession or practice in good faith, the Health Department
shall revoke such permit. No fee shall be charged for the issuance
of such permit by the Health Department of the City.
[R.O. 1996 § 215.110; Ord. No. 836 § 16-60, 2-8-1993; Ord. No. 2475, 9-9-2019]
If any person duly licensed by the Missouri State Board of Medical Examiners to practice medicine in this State, but not qualified under the provisions of this Section 215.110, shall administer or prescribe any of the drugs therein described for anything other than the drug habit, or a condition resulting from the habitual use of such drugs, to a person addicted to the use of any of the drugs prescribed in such Section, he/she shall report in writing to the Health Department of the City, the administering or prescribing of such drugs within twenty-four (24) hours after giving or prescribing of the same, which report shall state the amount and kind of drug administered or prescribed, and for what ailment, and the person administering or prescribing any such drugs shall not again administer or prescribe any of the drugs described in Section 215.105 to such patient unless such subsequent administering or prescribing thereof shall be first approved by the Director of Health or such other physician as may be designated by the Health Department for such purpose. The approval of such treatment, issued by such officer, shall continue not longer than ten (10) days from its date, and no renewal shall be for more than ten (10) days.
[R.O. 1996 § 215.115; Ord. No. 836 § 16-61, 2-8-1993; Ord. No. 2475, 9-9-2019]
The office and place of business, and all of the records, accounts, appliances and supplies of every permittee licensed under Section 215.105 shall be open to inspection by such officer, inspector, or physician as may be designated for that purpose by the Health Director of the City.
[R.O. 1996 § 215.120; Ord. No. 836 § 16-62, 2-8-1993; Ord. No. 2475, 9-9-2019]
[R.O. 1996 § 215.125; Ord. No. 836 § 16-63, 2-8-1993; Ord. No. 2475, 9-9-2019]
A.
No person shall set up or establish, or
cause to be set up or established, in any house, tenement, room or
other place whatsoever any apparatus, device or instrument whereby
opium or any drug or mixture of which opium is a component part may
be smoked or used in any manner whatsoever.
B.
No person shall knowingly permit, suffer
or allow any house, tenement, room or other place to be used for the
purpose of smoking opium or any drug or mixture of which opium is
a component part.
C.
No person shall solicit, persuade, procure,
permit, suffer or allow any persons to collect or assemble in any
house, tenement, room or any place whatsoever under his/her charge
or control for the purpose of smoking opium or any drug or mixture
of which opium is a component part, nor shall any person permit, aid
or assist, in any manner, any persons in the smoking of opium or any
drug or mixture of which opium is a component part.
D.
No person shall use or exhibit any apparatus,
device or instrument for the purpose of smoking opium or any drug
of which opium is a component part.
E.
No person shall frequent or be found in
any house, tenement, room or other place whatsoever where any apparatus,
device or instrument for the purpose of smoking opium or any drug
of which opium is a component part is set up or established.
F.
Any person who shall violate any of the provisions of this Section shall be deemed guilty of an ordinance violation and, upon conviction, shall be fined and/or imprisoned as set out in Section 100.110 of this Code. Additionally, the judge of the court before whom such person is convicted shall order the Chief of Police to destroy such apparatus, device or instrument by burning or otherwise; provided, however, that if it appears that it may be necessary to use such apparatus, device or instruments as evidence in any prosecution, the judge of the court before whom the person is convicted shall order the officer having possession of such apparatus, device or instrument to retain possession until such necessity no longer exists, when it shall be destroyed as hereinabove set out.
[R.O. 1996 § 215.126; Ord. No. 2090 § 1, 6-14-2010; Ord. No. 2975, 9-19-2019]
A.
ILLEGAL SMOKING PRODUCT
PERSON
As used in this Section, the terms are
defined as follows:
Includes any substance, whether called "Spice," "K-2," "Genie,"
"DaScents," "Zohai," "Gonjah," K-3, Blue Hawaiian, SKYY, tobacco,
herbs, incense or any blend thereof, which includes any one (1) or
more of the following chemicals:
A person, any form of corporation or business entity, partnership,
wholesaler or retailer.
B.
It shall be unlawful for any person within
the City to distribute, deliver, sell, offer for sale, publicly display
for sale or attempt to distribute, deliver or sell any illegal smoking
product.
C.
It shall be unlawful for any person to
knowingly possess or have under his or her control any illegal smoking
product.
