[1]
Editor's Note: Former Section 210.520, Possession of Marijuana,
was repealed 2-9-2023 by Ord. No. 4459.
Except as authorized by Sections 195.005 to 195.425, RSMo.,
it is unlawful for any person to possess or have under his/her control
a controlled substance as defined by Section 195.010, RSMo.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
A.
The limits specified in Subsection (B) of this Section shall not apply to any quantity of such product, mixture or preparation dispensed pursuant to a valid prescription.
B.
Within
any thirty (30) day period, no person shall sell, dispense or otherwise
provide to the same individual, and no person shall purchase, receive
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine
or pseudoephedrine or any of their salts or optical isomers, or salts
of optical isomers, either as:
C.
All
packages of any compound, mixture or preparation containing any detectable
quantity of ephedrine or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, except those that are
excluded from Schedule V in Subsections (17) or (18) of Section 195.017,
RSMo., shall be offered for sale only from behind a pharmacy counter
where the public is not permitted and only by a registered pharmacist
or registered pharmacy technician under Section 195.017, RSMo.
D.
This
Section shall supersede and pre-empt any local ordinances or regulations,
including any ordinances or regulations enacted by any political subdivision
of the State. This Section shall not apply to any products that the
State Department of Health and Senior Services, upon application of
a manufacturer, exempts by rule from this Section because the product
has been formulated in such a way as to effectively prevent the conversion
of the active ingredient into methamphetamine or its salts or precursors
or to the sale of any animal feed products containing ephedrine or
any naturally occurring or herbal ephedra or extract of ephedra.
E.
Persons
selling and dispensing substances containing any detectable amount
of pseudoephedrine, its salts or optical isomers, or salts of optical
isomers or ephedrine, its salts or optical isomers, or salts of optical
isomers shall maintain logs, documents and records as specified in
Section 195.017, RSMo. Persons selling only compounds, mixtures or
preparations that are excluded from Schedule V in Subsections (17)
or (18) of Section 195.017, RSMo., shall not be required to maintain
such logs, documents and records. All logs, records, documents and
electronic information maintained for the dispensing of these products
shall be open for inspection and copying by municipal, County and
State or Federal Law Enforcement Officers whose duty it is to enforce
the controlled substances laws of this State or the United States.
F.
Within
thirty (30) days of the enactment of this Section, all persons who
dispense or offer for sale pseudoephedrine and ephedrine products,
except those that are excluded from Schedule V in Subsections (17)
or (18) of Section 195.017, RSMo., shall ensure that all such products
are located only behind a pharmacy counter where the public is not
permitted.
G.
Within
thirty (30) days of the enactment of this Section, any business entity
which sells ephedrine or pseudoephedrine products in the course of
legitimate business which is in the possession of pseudoephedrine
and ephedrine products, except those that are excluded from Schedule
V in Subsections (17) or (18) of Section 195.017, RSMo., and which
does not have a State and Federal Controlled Substances Registration,
shall return these products to a manufacturer or distributor or transfer
them to an authorized controlled substance registrant.
H.
The provisions of Subsection (B) of this Section limiting individuals from purchasing the specified amount in any thirty (30) day period shall not apply to any compounds, mixtures or preparations that are in liquid or liquid-filled gel capsule form. However, no person shall purchase, receive or otherwise acquire more than nine (9) grams of any compound, mixture or preparation excluded in Subsections (17) or (18) of Section 195.017, RSMo., in a single purchase as provided in Subsection (B) of this Section.
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.
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of a misdemeanor.
C.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia as defined by Section 195.010, 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 as defined by Section 195.010,
RSMo., or an imitation controlled substance as defined by Section
195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
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.
A.
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 of any
solvent, particularly toluol.
