[Ord. No. 4715, 2-27-2023]
A. 
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 as authorized by Chapter 579 or Chapter 195, RSMo., or Article XIV of the Missouri Constitution. Pursuant to Article XIV of the Missouri Constitution, nothing in this Chapter shall be construed to prohibit the possession or use of marijuana by persons twenty-one (21) years of age or older, or by qualifying patients, in accordance with the restrictions imposed herein.
B. 
It shall be unlawful for a person to possess in excess of three (3) ounces of marijuana or to produce more than amount of marijuana authorized by Article XIV of the Missouri Constitution. A person who possesses more than three (3) ounces of marijuana, but less than six (6) ounces, is guilty of an ordinance violation, and shall be subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana. For a second violation, such person shall be subject to a civil penalty not exceeding five hundred dollars ($500.0) and forfeiture of the marijuana. For a third or subsequent violation, such person shall be subject to a civil penalty not exceeding one thousand dollars ($1,000.00) and forfeiture of the marijuana. A person under twenty-one (21) years of age in possession of in excess of three (3) ounces of marijuana is subject to a civil penalty not to exceed two hundred fifty dollars ($250.00). Any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the fine. A person possessing six (6) ounces or more of marijuana, or who produces or cultivates more than twice the amount authorized by Article XIV of the Missouri Constitution, is subject to prosecution under Missouri law.
C. 
A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration three (3) ounces or less of marijuana, or possesses, delivers without consideration or distributes without consideration marijuana accessories shall be subject to a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture of the marijuana. Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the civil penalty.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.
[Ord. No. 4715, 2-27-2023]
A person commits the offense of possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses or delivers a controlled substance, except as allowed by Chapter 195 or Chapter 579, RSMo., or Article XIV of the Missouri Constitution.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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. 
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. 
The penalty for a knowing violation of Subsection (A) of this Section is found in Section 569.060, RSMo.
[Ord. No. 4715, 2-27-2023]
A. 
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 as defined by Chapter 195, RSMo., in violation of Chapter 195 or Chapter 579, RSMo., except as allowed by Article XIV of the Missouri Constitution.
B. 
It is an offense for any person to distribute, deliver, or sell, or possess or manufacture with intent to distribute, deliver or sell, 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 imitation controlled substance as defined by Chapter 195, RSMo., except as allowed by Chapter 195 or Chapter 579, RSMo., or Article XIV of the Missouri Constitution.
[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, 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.
[Ord. No. 4715, 2-27-2023]
A. 
The words and phrases as used in this Article shall be defined by Chapter 195, RSMo., and Article XIV of the Missouri Constitution, unless the context otherwise requires. In the event that a definition contained Chapter 195, RSMo., conflicts with a definition in Article XIV of the Missouri Constitution, the definition in Article XIV of the Missouri Constitution shall prevail.
B. 
Except as authorized under Chapter 195 or Chapter 579, RSMo., or Article XIV of the Missouri Constitution, it shall be unlawful for any person to manufacture, possess, have under his/her control, sell, prescribe, administer, dispense or compound any controlled substance or to possess any apparatus, device or instrument for the unauthorized use of any controlled substance.
C. 
In any complaint, information, action, or proceeding brought for the enforcement of Chapter 210, Article XI of this Code, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Article XIV, Section 1 or Section 2 of the Missouri Constitution or Chapter 195 or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
A. 
Within the City limits of the City of Festus, Missouri, it shall be illegal to sell, deliver or distribute ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers without a valid prescription written by a practitioner licensed to write prescriptions and filled by a licensed pharmacist.
B. 
Violations of this Section shall constitute a misdemeanor punishable by imprisonment in the City and/or County Jail not exceeding one (1) year, by a fine not exceeding five hundred dollars ($500.00), or by both such fine and imprisonment.
A. 
The limits specified in this Section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.
B. 
Within any thirty-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, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than nine (9) grams, without regard to the number of transactions.
C. 
Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician 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, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than three and six-tenths (3.6) grams without regard to the number of transactions.
D. 
All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in Subsection 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.
E. 
Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this Section in accordance with transmission methods and frequency established by the Department by regulation.
F. 
This Section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
G. 
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.
H. 
All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in Subsection 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.
I. 
The penalty for a knowing or reckless violation of this Section is found in Section 579.060, RSMo.
[Ord. No. 4715, 2-27-2023]
A person who is not a Missouri licensed marijuana facility or medical facility commits the offense of unlawful marijuana cultivation practices if they cultivate marijuana plants that are visible by normal, unaided vision from a public place, or that are not kept in a locked space, and such person shall be subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
[Ord. No. 4715, 2-27-2023]
A. 
No marijuana, marijuana-infused product, preroll, or infused preroll may be smoked, ingested, or consumed in or upon any City-owned or publicly-owned property, or in or upon any place open to the general public, except those areas specifically designated by the owner or person/entity in control of such premises as being permitted for the smoking, ingestion, or consumption of marijuana, marijuana-infused product, preroll, or infused preroll, and where such smoking, ingestion, or consumption is otherwise lawful under Missouri law. No marijuana may be smoked in any place in which smoking tobacco is prohibited. A person who violates this prohibition shall be subject to a civil penalty not exceeding one hundred dollars ($100.00).
B. 
No marijuana, marijuana-infused product, preroll, or infused preroll may be smoked, possessed, ingested, or consumed, nor may marijuana accessories be possessed, in or upon 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.
C. 
As used herein, the phrase "City-owned or publicly-owned property," shall include parks, streets, sidewalks, buildings, and lots owned or leased by the City of Festus, Jefferson County, or the State of Missouri.