[R.O. 1997 § 216.010; Ord. No. 1793 § 1, 3-28-2011]
The City Council of the City of Wildwood has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the by-products and wastes of methamphetamine production are inherently dangerous and injurious to the public health, safety and welfare of the citizens of the City. Regulation of the sale of the chemical precursors to methamphetamine production, such as ephedrine products and pseudoephedrine products, is necessary to protect the citizens of the City and the general public.
[R.O. 1997 § 216.020; Ord. No. 1793 § 1, 3-28-2011]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- CONTROLLED SUBSTANCE
- A drug, substance, or immediate precursor in Schedules I through V as defined in the Comprehensive Drug Control Act.
- DELIVER or DELIVERY
- 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.
- To deliver other than by administering or dispensing a controlled substance.
- 1. Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
- 2. Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
- 3. Substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
- 4. Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts or accessories.
- All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
- IMMEDIATE PRECURSOR
- A substance which:
- 1. The State Department of Health and Senior Services has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;
- 2. Is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
- 3. The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
- 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 or the preparation, compounding, packaging or labeling of a narcotic or dangerous drug:
- 1. By a practitioner as an incident to his or her administering or dispensing of a controlled substance or an imitation controlled substance in the course of his or her professional practice; or
- 2. By a practitioner or his or her authorized agent under his or her supervision for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.
- METHAMPHETAMINE PRECURSOR DRUG
- Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers.
- Any individual, corporation, partnership, trust, limited liability company, firm, association or other 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 Chapter shall be construed as conferring on a person who is not registered nor 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.
- All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
- To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.
Editor's Note: See Chs. 195 and 579, RSMo.
[R.O. 1997 § 216.030; Ord. No. 1793 § 1, 3-28-2011]
It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in Section 216.040 of this Chapter.
[R.O. 1997 § 216.040; Ord. No. 1793 § 1, 3-28-2011]
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other health care professional licensed by the State of Missouri to write prescriptions.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by a licensed physician within the physician's office, clinic, nursing home or other licensed health care facility, provided the physician shall ensure all such products are located only behind a pharmacy counter where the public is not permitted.
This Section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.
[R.O. 1997 § 216.050; Ord. No. 1793 § 1, 3-28-2011]
It shall be prima facie proof that a substance is regulated by this Chapter if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drugs.
[R.O. 1997 § 216.060; Ord. No. 1793 § 1, 3-28-2011]
All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the Police Department of the City within twenty-four (24) hours of discovery.
Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the Police Department of the City within twenty-four (24) hours of discovery.
[R.O. 1997 § 216.070; Ord. No. 1793 § 1, 3-28-2011]
The City may seek injunctive relief against any person who is in violation of this Chapter.
[R.O. 1997 § 216.080; Ord. No. 1793 § 1, 3-28-2011]
Each violation of this Chapter shall be considered a separate offense. Violation of this Chapter shall be punished under Section 100.140 of the Code of the City.