[CC 1997 §22.28; Ord. No. 1178-76, 5-19-1976; Ord. No.
4523-16 §1, 12-21-2016]
The possession of marijuana by any person is hereby prohibited.
[Ord. No. 4523-16 §1, 12-21-2016]
A person commits the offense of possession of an imitation controlled
substance if he or she knowingly possesses or delivers an imitation
controlled substance as defined by Chapter 195, RSMo.
[Ord. No. 4523-16 §1, 12-21-2016]
A person commits the offense of possession of a controlled substance
if he or she knowingly possesses or delivers a controlled substance,
including all drugs, substances or immediate precursors listed in
Schedules I through V as defined in Chapter 195, RSMo., except as
authorized by Chapter 195 or Chapter 579, RSMo. 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.
[Ord. No. 4523-16 §1, 12-21-2016]
It is an offense for any person to distribute, deliver, or sell,
or possess or manufacture with intent to distribute, deliver or sell,
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 imitation controlled substance in violation of Chapter 195 or Chapter
579, RSMo.
[Ord. No. 4088-10 §1, 4-21-2010; Ord. No. 4248-12 §1, 12-5-2012]
A. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
PERSON
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
SYNTHETIC CANNABINOID
Any natural or synthetic material, compound, mixture, or
preparation that contains any quantity of a substance that is a cannabinoid
receptor agonist, including, but not limited to, any substance listed
in paragraph (II) of Subdivision (4) of Subsection (2) of Section
195.017, RSMo., and any analogues, homologues; isomers, whether optical,
positional, or geometric; esters, ethers; salts; and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, or salts is possible within the specific chemical designation,
however, it shall not include any approved pharmaceutical authorized
by the United States Food and Drug Administration.
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 synthetic cannabinoid.
C. Possession Prohibited. The possession of any synthetic cannabinoid
by any person is hereby prohibited.
[CC 1997 §22.31; Ord. No. 1553-82, 5-5-1982]
A. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
DRUG PARAPHERNALIA
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 and 195.425, RSMo. It includes, but
is not limited to:
1.
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;
2.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
3.
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;
4.
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;
5.
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
6.
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;
7.
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;
8.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
9.
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;
10.
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
11.
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;
12.
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:
a.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
c.
Carburetion tubes and devices;
d.
Smoking and carburetion masks;
e.
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;
f.
Miniature cocaine spoons and cocaine vials;
13.
In determining whether an object is drug paraphernalia, a court
or other 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 and 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 knows, or should reasonably know, intend to use the object to facilitate
a violation of Sections 195.005 and 195.425, RSMo.; the innocence
of an owner, or of anyone in control of the object, as to direct violation
of Sections 195.005 and 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; or
n.
Expert testimony concerning its use.
B. Unlawful Use Of Drug Paraphernalia. 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 or an imitation controlled substance
in violation of Sections 195.005 and 195.425, RSMo.
C. Unlawful Delivery Or Manufacture Of Drug Paraphernalia. 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
and 195.425, RSMo.
D. Severability. If any provision of this Section or the application
thereof to any person or circumstances is held invalid, the invalidity
does not affect other provisions or applications of the Section which
can be given effect without the invalid provision or application,
and to this end the provisions of this Section are severable.
[Ord. No. 4150-11 §1, 6-1-2011]
A. For
purposes of this Section, the following words mean:
DELIVER
The actual, constructive, or attempted transfer from one
person to another of MDPV, whether or not there is an agency relationship,
and includes a sale.
DISTRIBUTE
To deliver other than by administering or dispensing MDPV.
MDPV
Includes any material, compound, mixture or preparation containing
any quantity of the following substances having a stimulant effect
on the central nervous system, including their salts, isomers and
salts of isomers of 3.4 Methylenedioxyprovalerone, Methylone, Mephedrone,
4-methoxymethcathinone, 4-Fluoromethcathinine, and 3-Fluoromethcathinone.
POSSESS
With the knowledge of the presence and nature of a substance,
either actually or constructively in control of a substance. A person
has actual possession if he has the substance on his person or within
easy reach and convenient control. A person who, although not in actual
possession, has the power and intention at a given time to exercise
dominion or control over the substance either directly or through
another person or persons is in constructive possession of it.
B. It
shall be unlawful for any person to possess, distribute or deliver
any substance containing MDPV.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, 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. 4523-16 §1, 12-21-2016]
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;
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.
[CC 1997 §22.27; Ord. No. 1147-75, 12-17-1975; Ord. No.
4176-11 §2, 9-7-2011; Ord. No. 4523-16 §1, 12-21-2016]
A. Definition. As used in this Section, the following
term shall have the following meaning:
ALCOHOLIC BEVERAGE
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. 4523-16 §1, 12-21-2016]
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.