Definitions. As used in this Section, the following words
and/or phrases shall have the meanings as set forth herein:
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I
through V listed in Sections 195.005 to 195.425, RSMo.
DELIVER OR DELIVERY
The actual, constructive, or attempted transfer from one
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.
DRUG PARAPHERNALIA
All equipment, products, substances, materials of any kind
which are used, intended for use 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 to 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.
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance; In determining whether an object,
product, substance or material 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 to 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 to 195.425, RSMo.; the innocence of
an owner, or of anyone in control of the object, as to direct violation
of Sections 195.005 to 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;
n.
Expert testimony concerning its use;
o.
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.
IMITATION CONTROLLED SUBSTANCE
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an "imitation controlled substance", the court or
authority concerned should consider, in addition to all other logically
relevant factors, the following:
1.
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration approved
package, with the Federal Food and Drug Administration approved labeling
information;
2.
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
3.
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
4.
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
5.
The proximity of the substances to controlled substances;
6.
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a placebo or registered investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
MANUFACTURE
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 administering or dispensing
of a controlled substance or an imitation controlled substance in
the course of his professional practice, or
2.
By a practitioner or his authorized agent under his 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.
PERSON
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
POSSESSED OR POSSESSING A CONTROLLED SUBSTANCE
A person, with the knowledge of the presence and nature of
a substance, has actual or constructive possession of the 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 the 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. Possession may also be sole or joint. If one (1) person alone
has possession of a substance, possession is sole. If two (2) or more
persons share possession of a substance, possession is joint.
SALE
Includes barter, exchange, or gift, or offer thereof, and
each such transaction made by any person, whether as principal, proprietor,
agent, servant or employee.