[Ord. No. 6834, 5-9-2023]
When used in this Article, the following words shall have the
definitions as ascribed herein:
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
"Marijuana" or "marihuana" do not include industrial hemp, as defined
by Missouri Statute, or commodities or products manufactured from
industrial hemp.
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
Any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
[Ord. No. 6834, 5-9-2023]
A.
A person
who is under twenty-one (21) years of age who possesses, uses, consumes,
ingests, inhales, transports, delivers without consideration, or distributes
without consideration three (3) ounces or less of marijuana or marijuana-infused
product, or possesses, delivers without consideration, or distributes
without consideration marijuana accessories, shall thereby have committed
an offense under this Section, and shall be subject to a civil penalty
not to exceed one hundred dollars ($100.00) and forfeiture of the
marijuana. Any such person shall be provided the option of attending
up to four (4) hours of drug education or counseling in lieu of the
monetary fine.
B.
A person who possesses, produces, possesses with the intent to deliver, or delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age, not more than twice the amount of marijuana allowed pursuant to Article XIV, Section 2, Subsection 10 of the Missouri Constitution, shall thereby have committed an offense under this Section, and shall be punished as follows:
1.
For a first violation, is subject to a civil penalty not exceeding
two hundred and fifty ($250.00) dollars and forfeiture of the marijuana;
2.
For a second violation, is subject to a civil penalty not exceeding
five hundred dollars ($500.00) and forfeiture of the marijuana;
3.
For a third or subsequent violation, is subject to an ordinance violation
punishable by a fine not exceeding one thousand dollars ($1,000.00)
and forfeiture of the marijuana;
4.
A person under twenty-one (21) years of age is subject to a civil
penalty not to exceed two hundred and fifty dollars ($250.00). Any
such person shall be provided the option of attending up to eight
(8) hours of drug education or counseling in lieu of the fine; and
5.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
C.
Nothing in this Section shall be interpreted as intending to prohibit a person who is twenty-one (21) years of age or older from possessing or otherwise acting lawfully with marijuana, marijuana-infused products, or marijuana accessories as authorized by Article XIV, Sections 1 or 2 of the Missouri Constitution.
D.
In any complaint, information, action, or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this Code or in Article XIV, Section 1 or 2 of the Missouri Constitution, or contained in Chapter 195, or Chapter 597, RSMo., and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[Ord. No. 6466 § 1, 1-10-2017; Ord.
No. 6834, 5-9-2023]
A.
A person
commits an offense under this Section if he or she knowingly distributes,
delivers, sells, or possesses or manufactures with intent to distribute,
deliver, or sell, drug paraphernalia while 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 imitation controlled substance in violation
of Chapter 195, or Chapter 579, RSMo.
B.
It
is an offense under this Section to knowingly deliver, sell, offer
to sell, or give marijuana accessories to a person who is under twenty-one
(21) years of age.
D.
Nothing in this Section shall be construed to prohibit a person who is twenty-one (21) years of age or older from distributing, delivering, selling, or from possessing or manufacturing with intent to distribute, deliver, or sell, marijuana accessories as authorized by Article XIV, Sections 1 or 2 of the Missouri Constitution.
E.
In any complaint, information, action, or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this Code or in Article XIV, Section 1 or 2 of the Missouri Constitution, or contained in Chapter 195, or Chapter 597, RSMo., and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
[Ord. No. 6247 §1, 11-27-2012; Ord. No. 6466 § 1, 1-10-2017; Ord. No. 6834, 5-9-2023]
A.
A person commits an offense under this Section if he or she knowingly possesses or delivers a controlled substance, including marijuana, except as authorized by Chapter 195, or Chapter 579, RSMo. or as authorized by Article XIV, Sections 1 or 2 of the Missouri Constitution.
B.
It
is an offense under this Section for any person to possess or consume
marijuana or marijuana-infused products on the grounds of a public
or private preschool, elementary or secondary school, on a school
bus, or on the grounds of any correctional facility, including any
jail or detention facility.
C.
It
is an offense under this Section to knowingly deliver, sell, offer
to sell, or give marijuana or marijuana-infused products to a person
who is under twenty-one (21) years of age.
E.
In
any complaint, information, action or proceeding brought for the enforcement
of this Section, it shall not be necessary to include any exception,
excuse, proviso, or exemption contained in this Code or Chapter 195,
or Chapter 579, RSMo., and the burden of proof of any such exception,
excuse, proviso, or exemption shall be upon the defendant.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[Ord. No. 6466 § 1, 1-10-2017]
A.
A person commits the offense of unlawful sale, distribution, or purchase
of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
nine (9) grams to the same individual within a thirty-day period,
unless the amount is dispensed, sold, or distributed pursuant to a
valid prescription; or
2.
Purchases, receives, or otherwise acquires within a thirty-day
period, other than pursuant to a lawful transaction by a pharmacy
with its suppliers, any number of packages of any drug product containing
any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts or optical isomers, or salts of optical isomers
in a total amount greater than nine (9) grams, without regard to the
number of transactions, unless the amount is purchased, received,
or acquired pursuant to a valid prescription; or
3.
Purchases, receives, or otherwise acquires within a twenty-four-hour
period, other than pursuant to a lawful transaction by a pharmacy
with its suppliers, any number of packages of any drug product containing
any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts or optical isomers, or salts of optical isomers
in a total amount greater than three and six-tenths (3.6) grams, without
regard to the number of transactions, unless the amount is purchased,
received, or acquired pursuant to a valid prescription; or
4.
Dispenses or offers drug products that are not excluded from
Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., and that
contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts, optical isomers, or salts of optical isomers,
without ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such products are
dispensed by a registered pharmacist or pharmacy technician under
Subsection 11 of Section 195.017, RSMo.; or
5.
Holds a retail sales license issued under Chapter 144, RSMo.,
and knowingly sells or dispenses packages that do not conform to the
packaging requirements of Section 195.418, RSMo., except that any
person who violates the packaging requirements of Section 195.418,
RSMo., and is considered the general owner or operator of the outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale shall not be penalized if he or she documents
that an employee training program was in place to provide the employee
who made the unlawful retail sale with information on the State and
Federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine.
B.
A pharmacist, intern pharmacist, or registered pharmacy technician
commits the offense of unlawful sale, distribution, or purchase of
over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, in a total amount greater
than three and six-tenth (3.6) grams to the same individual within
a twenty-four-hour period, unless the amount is dispensed, sold, or
distributed pursuant to a valid prescription; or
2.
Sells, distributes, dispenses or otherwise provides to an individual
under eighteen (18) years of age without a valid prescription any
number of packages of any drug product containing any detectable quantity
of pseudoephedrine, its salts, isomers, or salts of optical isomers,
or ephedrine, its salts or optical isomers, or salts of optical isomers.
C.
A person commits the offense of unlawful marketing of ephedrine or
pseudoephedrine if he or she knowingly markets, sells, distributes,
advertises, or labels any drug product containing ephedrine, its salts,
optical isomers and salts of optical isomers, or pseudoephedrine,
its salts, optical isomers and salts of optical isomers, for indication
of stimulation, mental alertness, weight loss, appetite control, energy
or other indications not approved under the pertinent Federal over-the-counter
drug Final Monograph or Tentative Final Monograph or approved new
drug application.
D.
A person commits the offense of possession of methamphetamine precursors
if he or she knowingly possesses one (1) or more chemicals listed
in Subsection 2 of Section 195.400, RSMo., reagents, solvents, or
any other chemicals proven to be precursor ingredients of methamphetamine
or amphetamine, as established by expert testimony, with the intent
to manufacture, compound, convert, produce, process, prepare, test,
or otherwise alter that chemical to create a controlled substance
or a controlled substance analogue in violation of Chapter 579, RSMo.,
or Chapter 195, RSMo. Possession of more than twenty-four (24) grams
of ephedrine or pseudoephedrine shall be prima facie evidence of intent
to violate this Subsection. This Subsection shall not apply to any
practitioner or to any product possessed in the course of a legitimate
business.
[Ord. No. 6466 § 1, 1-10-2017; Ord.
No. 6834, 5-9-2023]
A.
A person
commits an offense under this Section if he or she knowingly uses
or possesses with intent to use drug paraphernalia as defined by Chapter
195, RSMo., 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 as defined by Chapter 195, RSMo., in violation
of Chapter 195, or Chapter 579, RSMo.
B.
It
is an offense under this Section for any person to possess marijuana
accessories on the grounds of a public or private preschool, elementary
or secondary school, on a school bus, or on the grounds of any correctional
facility, including any jail or detention facility.
D.
Nothing in this Section shall be construed to prohibit a person who is twenty-one (21) years of age or older from using or possessing with the intent to use, marijuana accessories as authorized by Article XIV, Sections 1 or 2 of the Missouri Constitution.
E.
In
any complaint, information, action or proceeding brought for the enforcement
of this Section, it shall not be necessary to include any exception,
excuse, proviso, or exemption contained in this Code or Chapter 195,
or Chapter 579, RSMo., and the burden of proof of any such exception,
excuse, proviso, or exemption shall be upon the defendant.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[Ord. No. 6834, 5-9-2023]
A person who is not a Missouri licensed marijuana facility or
medical facility commits the offense of unlawful marijuana cultivation
practices if they cultivate marijuana plants in excess of the amount
allowed by law or that are visible by normal, unaided vision from
a public place or that are not kept in a locked space, and such person
shall be subject to a civil penalty not exceeding two hundred and
fifty dollars ($250.00) and forfeiture of the marijuana.
[Ord. No. 6466 § 1, 1-10-2017]
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
isoanalogues 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. 6466 § 1, 1-10-2017]
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 215.550 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. 6466 § 1, 1-10-2017]
A.
ALCOHOLIC BEVERAGE
Definition. As used in this Section, the following term shall have
the following meaning:
Any spirits, wine, beer, ale or other liquid containing more
than one-half of one percent (0.5%) of alcohol by volume, which is
fit for beverage purposes or intended for beverage purposes.
B.
No person shall consume any alcoholic beverage while in or upon any
public park or public recreation field or on the commercial parking
lots of any shopping center open to the public within the City.
[Ord. No. 6466 § 1, 1-10-2017]
No pedestrian may drink any beer, wine or spirituous or malt
liquors in or on any public street, sidewalk, alley, highway or thoroughfare,
or on any parking lot open to the public except in conjunction with
a street fair or similar gathering authorized by the City with specific
permission for consumption of alcoholic beverages in such locations.
