City of Chaffee, MO Article XI Offenses Concerning Drugs

Section 210.520 Possession of Marijuana.

[Ord. No. 210.520, 2-21-2023]

A. The definitions used in this Section shall be the same as used in Missouri Constitution Section 2, Amendment XIV.

B. It shall be unlawful to:

1. Deliver or distribute marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age;

2. Purchase, possess, use, or transport marijuana or marijuana accessories by persons younger than twenty-one (21) years of age;

3. Consume marijuana by a person younger than twenty-one (21) years of age;

4. Operate or be in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana. Notwithstanding the foregoing, a conviction of a person who is at least twenty-one (21) years of age for any applicable offenses shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person’s system;

5. Consume marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized from of transport while it is being operated;

6. Smoke marijuana within a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated;

7. Possess or consume marijuana or possess marijuana accessories on the grounds of a public or private preschool, elementary or secondary school, institution of higher education, in a school bus, or on the grounds of any correctional facility;

8. Smoke or burn marijuana in a location where smoking tobacco is prohibited;

9. Consume, smoke, or burn marijuana in a public place or public building, other than in an area licensed by the City Council;

10. Undertake any task while under the influence of marijuana, if doing so would constitute negligence, recklessness, or professional malpractice or would endanger others;

11. Perform solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol, unless licensed for this activity by the State of Missouri;

12. Possess or consume marijuana, possess marijuana accessories, on the grounds of any City-owned property, park or building;

13. Consume, smoke, or burn marijuana in a restaurant, an establishment holding any liquor license, or any place of public accommodation;

14. Cultivate flowering marijuana plants, non-flowering marijuana plants [over fourteen (14) inches tall], or clones for private use without a valid Missouri private cultivation registration card authorizing such cultivation;

15. Cultivate flowering marijuana plants, non-flowering marijuana plants [over fourteen (14) inches tall], or clones [plants under fourteen (14) inches tall] for private use in excess of the amounts permitted authorized by a valid Missouri private cultivation registration card;

16. Keeping twelve (12) or more flowering marijuana plants, twelve (12) or more non-flowering marijuana plants [over fourteen (14) inches tall], or twelve (12) or more clones [plants under fourteen (14) inches tall] in or on the grounds of a private residence at one (1) time;

17. Keeping in, or on, the grounds of a private residence an excess of three (3) ounces of marijuana produced by privately cultivated plants, in an unlocked space, or that is visible by normal, unaided vision from a public place;

18. Purchasing, possessing, consuming, using, ingesting, inhaling, processing, transporting, delivering without consideration, or distributing without consideration dried, unprocessed marijuana, or it equivalent in excess of three (3) ounces (except as may be permitted by a person validly licensed by the State of Missouri to do so);

19. Cultivating marijuana plants that are visible by normal, unaided vision from a public place;

20. Violating the terms of any marijuana license issued by the State of Missouri;

21. Conducting any activities, or engaging in any conduct involving or relating to marijuana that requires a license from the State of Missouri, without a valid license for such activity.

Section 210.525 Hashish And Synthetic Cannabinoids.

[Ord. No. 210.520, 2-21-2023]

A. It shall be unlawful to possess, sell, distribute, lend, rent, lease, give, exchange, display for sale, or transfer the following substances in the following quantities:

1. Hashish in the amount of 5 grams or less;

2. Synthetic cannabinoids;

3. MDPV.

B. It shall be an affirmative defense to any violation of Subsection (A) if the possession, sale, distribution, or transfer, is in usual course of business or practice or in the performance of their official duties by the following persons:

1. Persons licensed under the provisions of Chapters 330, 332, 334, 335, 338, and 340, RSMo.

2. Persons who procure controlled substances:

a. For handling by or under the provisions of persons employed by them, who are licensed under the provisions of Chapters 330, 332, 334, 335, 338, and 340, RSMo.

b. For the purpose of lawful research, teaching or testing and not for resale.

3. Hospitals and other institutions which procure controlled substances for lawful administration by persons described in Subsection (A).

4. Officers or employees or appropriate enforcement agencies of Federal, State or local governments, pursuant to their duties in enforcing the provisions of this Chapter.

5. Lawfully licensed manufacturers and wholesalers of controlled substances.

6. Carriers and warehousemen lawfully handling or distributing lawful controlled substances or drugs.

C. 

Definitions. As used in this Section, the following terms shall have the meanings indicated:

MDPV

Any substance containing the following, regardless of whether the substance is marketed as bath salts or otherwise:

1. 3.4-Methylenedioxyprovalerone;

2. Methylone;

3. Mephedrone;

4. 4-methoxymethcathinone;

5. 4-Fluoromethcathinone; or

6. 3-Fluoronmethcathinone.

MDPV is commonly known by a number of names including, but not limited to, White Rush, Cloud 9, Ivory Wave, Ocean, Charge, Plus, White Lightening, Scarface, Hurricane Charlie, Red Dove or White Dove.

SYNTHETIC CANNABINOID

Any natural or synthetic material, compound, mixture, or preparation, whether described as tobacco, herbs, incense, "Spice," "K2" or any blend thereof, that contains any quantity of a substance that is a cannabinoid receptor agonist, including, but not limited to, any substance listed in Section 195.017.2.(4)(11), 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, including:

1. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(20methyloctan-2-yl)phenol (also known as "CP47,497") and homologues;

2. (6aS,10aS) 9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen-1-ol (also known as "HY-211 or Dexanabinol");

3. 1-Pentyl-3-(1-naphthoyl)indole (also known as "Jwh-018"); or

4. Butyl-3-(1-naphthoyl)indole (also known as "JWH-073").

Section 210.530 Possession or Control of A Controlled Substance. [1]

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.

Section 210.535 Limitations On The Retail Sale and Regulation of Methamphetamine Precursor Drugs.

[Ord. No. 210.535 §1, 5-21-2012; Ord. No. 2010.535 §§1 — 2, 4-4-2016]

A. General Policy. The City Council of the City has found the manufacture, transportation, possession and sale of methamphetamine to be inherently dangerous and that the chemical precursors of methamphetamine and the byproducts 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.

B. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

EPHEDRINE

All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

METHAMPHETAMINE PRECURSOR DRUG

Any drug or substance as described in Section 195.246 or 195.248, RSMo.

PERSON

Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.

PSEUDOEPHEDRINE

All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

SELL

To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

C. Prohibition of Sale of Methamphetamine Precursor Drugs. 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 this Section.

D. Exceptions.

1. Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a prescription from a physician or other healthcare professional licensed by the State of Missouri to write prescriptions.

2. 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 healthcare facility.

3. 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.

E. Prima Facie Evidence. It shall be prima facie proof that a substance is regulated by this Section if the substance is contained in its original packaging and is labeled as being ephedrine, pseudoephedrine or other methamphetamine precursor drugs.

F. Reporting Theft of Methamphetamine Precursor Drugs.

1. 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.

2. Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quality received to the Police Department of the City within twenty-four (24) hours of discovery.

G. Injunctive relief. The City may seek injunctive relief against any person who is in violation of this Section.

H. Penalty. Each violation of this Section shall be considered a separate offense. Violation of this Section shall be punished under Section 100.220 of the Municipal Code of the City of Chaffee, Missouri.

Section 210.540 Unlawful Use of Drug Paraphernalia. [1]

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.

Section 210.550 Inhalation or Inducing Others To Inhale Solvent Fumes To Cause Certain Reactions Prohibited — Exceptions.

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.

Section 210.560 Inducing, or Possession With Intent To Induce, Symptoms By Use of Solvents and Other Substances Prohibited.

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 210.550 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.

Section 210.570 Possession or Purchase of Solvents To Aid Others in Violations Prohibited — Violations of Sections 210.550 To 210.560 — Penalty. [1]

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 210.550 and 210.560 hereof.

B. Any person who violates any provision of Sections 210.550—210.570 is guilty of an ordinance violation for the first (1st) violation.

[1] Note — Under certain circumstances this offense can be a felony under state law.