[Ord. No. 90-45 §9-125, 5-2-1990; Ord. No. 10-31 §1, 7-21-2010]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
CONTROLLED SUBSTANCES
Shall mean and include the following:
1.
Controlled substances. As defined and enumerated
in Ch. 195, RSMo., as amended from time to time.
2.
Marijuana. All parts of the plant genus Cannabis
in any species or form thereof, including, but not limited to, Cannabis
Sativa L., Cannabis Indica, Cannabis Americana, Cannabis Ruderalis,
and Cannabis Gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
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, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance,
an illegal smoking product or an imitation controlled substance in
violation of this Article. The term "drug paraphernalia" includes,
but is not limited to:
1.
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing, 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 imitation controlled substances.
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.
Diluents 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 compounding 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.
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
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:
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1.
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Statements by an owner or by anyone in control of the object
concerning its use.
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2.
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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 substances.
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3.
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The proximity of the object, in time and space, to a direct
violation of this Article.
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4.
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The proximity of the object to controlled substances or imitation
controlled substances.
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5.
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The existence of any residue of controlled substances or imitation
controlled substances on the object.
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6.
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Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he knows intend to use the object to facilitate a violation of this
Article; the innocence of an owner, or of anyone in control of the
object, as to a direct violation of this Article shall not prevent
a finding that the object is intended for use, or designed for use
as drug paraphernalia.
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7.
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Instructions, oral or written, provided with the object concerning
its use.
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8.
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Descriptive materials accompanying the object which explain
or depict its use.
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9.
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National and local advertising concerning its use.
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10.
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The manner in which the object is displayed for sale.
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11.
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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.
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12.
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Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise.
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13.
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The existence and scope of legitimate uses for the object in
the community.
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14.
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Expert testimony concerning its use.
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15.
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The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
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ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense,
spice or any blend thereof, regardless of whether the substance is
marketed for the purpose of being smoked, which includes any one (1)
or more of the following chemicals:
1.
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol
(also known as CP 47,497 and homologues);
2.
(dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)
(also known as HU-211);
3.
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydrobenzo[c]
chromen-1-ol) (also known as HU-210);
4.
1-Penty1-3-(1-naphthoyl)indole (also known as JWH-018); or
5.
1-Butyl-3-(1-naphthoyl)indole (also known as JWH-073).
PERSON
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
[Ord. No. 90-45 §9-135, 5-2-1990; Ord. No. 10-31 §1, 7-21-2010]
Violation. Except as authorized by Sections
195.005 to 195.425, RSMo., as amended from time to time, it is unlawful
for any person to possess or have under his control a controlled substance.
[Ord. No. 10-31 §1, 7-21-2010]
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, an
illegal smoking product or an imitation controlled substance.
[Ord. No. 10-31 §1, 7-21-2010]
It shall be unlawful for any person to sell, offer to sell,
gift or publicly display for sale any illegal smoking product.
[Ord. No. 10-31 §1, 7-21-2010]
It is unlawful for any person to knowingly possess any illegal
smoking product.
[Ord. No. 10-31 §1, 7-21-2010]
Upon notification by the Police Chief that any business is publicly
displaying or offering any illegal smoking product for sale, the City's
prosecutor may seek any necessary injunctive relief to remove such
illegal smoking product from sale, offer for sale, gift or public
display.
[Ord. No. 19-17, 9-18-2019]
Notwithstanding any provision of this Chapter to the contrary, it shall not be unlawful pursuant to Sections
205.880 through
205.920 of this Chapter for any person to possess, control, use, plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inject, inhale, otherwise introduce into the human body, sell, offer to sell or publicly display for sale any marijuana, marijuana-infused products or drug paraphernalia for medical use if such activities are conducted in compliance with all State laws and regulations governing and regulating such activity and conduct and if such activities are conducted in compliance with Chapter
410 of the Bridgeton Code of Ordinances.