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City of Troy, MO
Lincoln County
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Table of Contents
Table of Contents
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New Laws (20) Index
[1]
Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§ 195.010, 195.017 and 579.015, RSMo.
A person commits the offense of possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses a controlled substance, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§ 195.010, 195.017 and 579.015, RSMo.
A. 
Definitions. As used in this Section, the following words and/or phrases shall have the meanings as set forth herein:
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride, pseudoephedrine hydrochloride, phenylpropanolamine and all combinations of these chemicals.
EPHEDRINE PRODUCT
Any product that contains ephedrine, its salts, isomers or salts of isomers as its sole active ingredient or in combination with less than therapeutically significant quantities of other active ingredients.
PACKAGE
Any number of pills, tablets, capsules, caplets or individual units of a substance held within a container intended for sale.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity selling an ephedrine product to customers.
SELL
To knowingly furnish, give away, exchange, transfer, deliver, surrender or supply whether for monetary gain or not.
B. 
It shall be unlawful for any person to sell any ephedrine product without a valid prescription written by a Missouri licensed physician and filled by a Missouri licensed pharmacist. The prohibition set forth herein shall not apply to the sale of animal feed containing ephedrine.
C. 
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.
D. 
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (B) or (C) of this Section is guilty of a misdemeanor.
E. 
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 Subsections (B) or (C) 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.
Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, a person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses 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 Chapter 579, RSMo., or Chapter 195, RSMo.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
A. 
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;
b. 
Water pipes;
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;
g. 
Chamber pipes;
h. 
Carburetor pipes;
i. 
Electric pipes;
j. 
Air-driven pipes;
k. 
Chillums;
l. 
Bongs;
m. 
Ice pipes or chillers;
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.
B. 
Unlawful Delivery Or Manufacture Of Drug Paraphernalia.
1. 
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 to 195.425, RSMo.
2. 
Possession of more than twenty-four (24) grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs shall be prima facie evidence of intent to violate this Section. This Subsection shall not apply to any practitioner or to any product possessed in the course of a legitimate business.
C. 
Unlawful Advertisements To Promote Sale Of Drug Paraphernalia Or Imitation Controlled Substances.
1. 
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
2. 
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances.
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.
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 210.1840 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.
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 210.1840 and 210.1850 hereof.
B. 
Any person who violates any provision of Sections 210.1840 through 210.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
A. 
Any person who appears to be incapacitated or intoxicated may be taken by a Police Officer of the City, to the person's residence, to any available treatment service, or to any appropriate local facility, which may if necessary include the City Jail. However, if any person is taken into custody, said period of custody shall not exceed twelve (12) hours.
B. 
Any officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to Subsection (A) above if the officer has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol and he/she does not use unreasonable excessive force to detain such person.
C. 
Such immunity from prosecution includes the taking of reasonable action to protect himself/herself from harm by the intoxicated or incapacitated person.
A. 
It is unlawful for any person or corporation knowing, or under circumstances where one reasonably should know to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person or corporation any product containing MDPV or to display for sale or possess with an intent to distribute said products containing MDPV.
B. 
It is also unlawful to use or possess with the intent to use MDPV or otherwise introduce into the human body any products containing MDPV.
C. 
Any person violating the terms of this Section shall be punished, upon conviction, with a fine up to five hundred dollars ($500.00) and incarceration of up to thirty (30) days, with each day of violation constituting a separate offense.