City of Blue Springs, MO
Jackson County
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Table of Contents
Table of Contents
[R.O. 1996 § 225.010; CC 1968 § 14-215; Ord. No. 1147 § 1, 4-12-1982]
For the purposes of this Chapter, the following terms and their derivations shall have the meanings given herein:
ADDICT
A person who habitually uses one (1) or more controlled substances to such an extent as to create a tolerance for such drugs, and who does not have a medical need for such drugs, or who is so far addicted to the use of such drugs as to have lost the power of self-control with reference to their addiction.
ADMINISTER
To apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:
1. 
A practitioner (or, in their presence, by their authorized agent); or
2. 
The patient or research subject at the direction and in the presence of the practitioner.
AGENT
An authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman while acting in the usual and lawful course of the carrier's or warehouseman's business.
APOTHECARY
A licensed pharmacist as defined by the laws of this State, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist; but nothing in Sections 195.005 to 195.425, RSMo., shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege, that is not granted to them by the pharmacy laws of this State.
ATTORNEY FOR THE STATE
Any Prosecuting Attorney, Circuit Attorney, or Attorney General authorized to investigate, commence and prosecute an action under Sections 195.005 to 195.425, RSMo.
BUREAU
The Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I through V as defined or listed in Chapter 195, RSMo. Medical marijuana is defined in Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[Ord. No. 4638 § 1, 12-19-2016; Ord. No. 4876, 12-16-2019]
CONTROLLED SUBSTANCE ANALOGUE
A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:
1. 
Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or
2. 
With respect to a particular individual, which that individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
The term does not include a controlled substance; any substance for which there is an approved new drug application; any substance for which an exemption is in effect for investigational use, for a particular person, under Section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355) to the extent conduct with respect to the substance is pursuant to the exemption; or any substance to the extent not intended for human consumption before such an exemption takes effect with respect to the substance.
COUNTERFEIT SUBSTANCE
A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.
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.
DENTIST
A person authorized by law to practice dentistry in this State.
DEPRESSANT OR STIMULANT SUBSTANCE
1. 
A drug containing any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated by the United States Secretary of Health and Human Services as habit forming under 21 U.S.C. 352(d);
2. 
A drug containing any quantity of:
a. 
Amphetamine or any of its isomers;
b. 
Any salt of amphetamine or any salt of an isomer of amphetamine; or
c. 
Any substance the United States Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system;
3. 
Lysergic acid diethylamide; or
4. 
Any drug containing any quantity of a substance that the United States Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.
DISPENSE
To deliver a narcotic or controlled dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery.
DISPENSER
A practitioner who dispenses.
DISTRIBUTE
To deliver other than by administering or dispensing a controlled substance.
DISTRIBUTOR
A person who distributes.
DRUG
1. 
Substances recognized as drugs in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or Official National Formulary, or any supplement to any of them;
2. 
Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
3. 
Substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
4. 
Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts or accessories.
DRUG DEPENDENT PERSON
A person who is using a controlled substance and who is in a state of psychic or physical dependence, or both, arising from the use of such substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence.
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, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance or an imitation controlled substance in violation of Chapter 195, RSMo., or Chapter 579, RSMo.
1. 
It includes, but is not limited to:
a. 
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;
b. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances;
c. 
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;
d. 
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;
e. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;
f. 
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;
g. 
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;
h. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;
i. 
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;
j. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;
k. 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parentally injecting controlled substances or imitation controlled substances into the human body;
l. 
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:
(1) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) 
Water pipes;
(3) 
Carburetion tubes and devices;
(4) 
Smoking and carburetion masks;
(5) 
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;
(6) 
Miniature cocaine spoons and cocaine vials;
(7) 
Chamber pipes;
(8) 
Carburetor pipes;
(9) 
Electric pipes;
(10) 
Air-driven pipes;
(11) 
Chillums;
(12) 
Bongs;
(13) 
Ice pipes or chillers;
m. 
Substances used, intended for use, or designed for use in the manufacture of a controlled substance;
2. 
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 Chapter 195, RSMo., or Chapter 579, 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 they know, or should reasonably know, intend to use the object to facilitate a violation of Chapter 195, RSMo., or Chapter 579, RSMo.; the innocence of an owner, or of anyone in control of the object, as to direct violation of Chapter 195, RSMo., or Chapter 579, 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.
FEDERAL NARCOTIC LAWS
The laws of the United States relating to controlled substances.
HOSPITAL
A place or institution devoted primarily to the purpose of providing facilities for the diagnosis, care or treatment of sick, injured, or handicapped individuals and licensed by the department of health of Missouri in keeping with the requirements of the Hospital Licensing Law.[1]
IMMEDIATE PRECURSOR
A substance which:
1. 
The State Department of Health has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;
2. 
Is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
3. 
The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
1. 
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:
a. 
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;
b. 
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;
c. 
Whether the substance is packaged in a manner normally used for illicit controlled substances;
d. 
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;
e. 
The proximity of the substances to controlled substances;
f. 
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.
2. 
An imitation controlled substance does not include a non-controlled substance that was initially introduced in commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. Furthermore, 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.
PERSON
Individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
PLACE OF DISPLAY
Any museum, library, school or other similar public place upon which business is not transacted for a profit.
[1]
Editor's Note: See § 197.010 et seq., RSMo.
[R.O. 1996 § 225.020; CC 1968 § 14-216; Ord. No. 1147 § 1, 4-12-1982]
A. 
No person shall sell, give away, manufacture, use or possess for any purpose whatever any controlled substance or imitation controlled substance except as provided herein or as allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[Ord. No. 4876, 12-16-2019]
B. 
Distribution by licensed practitioners is permitted under the following conditions:
1. 
Practitioners. A licensed practitioner shall be permitted to dispense or distribute controlled substances and drugs to a person in the course of their professional practice only; and such licensed practitioner shall not be permitted to possess controlled substances for any other purpose.
2. 
Pharmacists. A licensed pharmacist shall be permitted to dispense or distribute controlled substances and drugs to persons under and in pursuance of written prescriptions issued by any licensed practitioner; and such licensed pharmacist shall not be permitted to possess controlled substances for any other purpose.
3. 
Record Of Distribution. All instances of professional distribution of controlled substances and drugs as provided for herein shall be recorded in suitable form and filed and preserved in a manner so as to be readily accessible for inspection by any Law Enforcement Officer of the City.
4. 
Renewal Prohibited. No prescription for controlled substances shall be renewed or refilled except as allowed by State law.
C. 
Any person shall be permitted to possess controlled substances distributed or dispensed to them under the provisions of this Section, but such possession and use must be in accordance with the prescription and prescribed treatment.
D. 
A person who is a licensed manufacturer, warehouseman, or wholesaler of controlled substances shall be permitted to possess controlled substances for the purposes of wholesale delivery, compounding, preparation, and manufacture only; and the same shall only be resold to other persons permitted by this Section to resell, or dispense or distribute controlled substances in the course of a licensed manufacturing or wholesale business, a licensed professional practice, or a licensed pharmaceutical business. A licensed manufacturer or wholesaler permitted to possess controlled substances in this Subsection (D) may also be a licensed pharmacist and may dispense or distribute narcotic drugs upon written prescription as provided herein, but shall not consume or permit to be consumed any controlled substances except upon written prescription as herein provided.
E. 
All controlled substances in the possession of any person convicted of a violation of this Section, shall be seized by, confiscated by, and forfeited to the Chief of Police, who shall make proper disposition thereof.
F. 
This Section shall not apply to the administering or distributing or dispensing of any medicinal preparation that contains in one (1) fluid ounce, or if a solid or semisolid preparation in one (1) avoirdupois ounce, not more than one (1) grain of codeine or any of its salts, provided that the preparation administered or distributed or dispensed shall contain some drug or drugs of medicinal qualities in addition to those possessed by the controlled substance alone. Such preparation shall be administered, distributed, or dispensed in good faith and not for the purpose of evading this Subsection. However, no person shall administer, dispense, or sell, under the exemption of this Section, any preparation included in this Subsection, when they know, or can by reasonable diligence ascertain, that such administering, dispensing, or selling will provide the person to whom or for whose use such preparation is administered, dispensed or sold, within any forty-eight (48) consecutive hours, with more than four (4) grains of codeine or any of its salts.
G. 
The provisions of this Section restricting the possession and control of controlled substances shall not apply to common carriers or warehousemen engaged in lawfully transporting or storing such controlled substances, or to any employee of such common carriers or warehousemen within the scope of their employment, or to public officers or employees in the performance of official duties requiring possession or control of controlled substances, or to persons aiding such officers or employees in performance of such duties.
[R.O. 1996 § 225.030]
A. 
Except as provided in Subsection (C) of this Section, or as allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations, a pharmacist or an apothecary, in good faith, may sell and dispense controlled substances to any person only upon a written or oral prescription of a physician, dentist, podiatrist, or veterinarian, provided that the controlled substances listed in Schedule V as set out in Section 195.017, RSMo., may be sold without prescription but only in accordance with federal regulations. All written prescriptions shall be signed by the person prescribing the same. All prescriptions shall be dated on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is prescribed, and the full name, address, and the registry number under the federal controlled substances laws of the person prescribing, if they are required by those laws to be so registered. If the prescription is for an animal, it shall state the species of the animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and their own signature on the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two (2) years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this law. No prescription for a drug in Schedule I or II as set out in Section 195.017, RSMo., shall be refilled; no prescription for a drug in Schedule III or IV as set out in Section 195.017, RSMo., shall be filled or refilled more than six (6) months after the date of the original prescription or be refilled more than five (5) times unless renewed by the practitioner. A controlled substance included in Schedule V as set out in Section 195.017, RSMo., shall not be distributed or dispensed other than for a medical purpose.
[Ord. No. 4876, 12-16-2019]
B. 
The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in such drugs, may sell the stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.
C. 
An apothecary or pharmacist, in good faith, may sell and dispense, any Schedule II drug or drugs to any person, in emergency situations as defined by rule of the Department of Health upon an oral prescription by a practicing physician, podiatrist, veterinarian or dentist, provided such person shall furnish the pharmacist with a written prescription within seventy-two (72) hours, containing the date, name and address prescribing same and their registry number under the federal narcotic laws and bearing the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed; provided the drug or drugs prescribed by such oral prescription have been listed by the Director of the Department of Health as provided for in Section 195.195, RSMo. If the oral prescription is for an animal, it shall state the species of the animal for which the drug is prescribed. The person filling the oral prescription shall write the date of filling, and their own signature on the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled, for a period of two (2) years so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of Sections 195.005 to 195.425, RSMo.
D. 
It shall be unlawful for narcotics or hallucinogenic drugs to be promoted or advertised for use or sale, provided that this Subsection shall not prohibit such activity by a manufacturer, wholesaler, or their agents directed to a physician, pharmacist or other practitioner.
E. 
Except where a bona fide physician-patient-pharmacist relationship exists, prescriptions for narcotics or hallucinogenic drugs shall not be delivered to or for an ultimate user or agent by mail or other common carrier.
[R.O. 1996 § 225.040]
A. 
A physician, podiatrist, dentist, or a registered optometrist certified to administer pharmaceutical agents as provided in Section 336.220, RSMo., people allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations, or such other people as authorized by State Statute, in good faith and in the course of their professional practice only, may prescribe, administer, and dispense controlled substances or, unless prohibited under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations, they may cause the same to be administered or dispensed by a nurse or graduate physician under their direction and supervision.
[Ord. No. 4876, 12-16-2019]
B. 
A veterinarian, in good faith and in the course of their professional practice only, and not for use by a human being, may prescribe, administer, and dispense controlled substances and they may cause them to be administered by an assistant or orderly under their direction and supervision.
C. 
Any person who has obtained from a physician, podiatrist, dentist, optometrist, or veterinarian any controlled substance for administration to a patient during the absence of such physician, podiatrist, dentist, optometrist, or veterinarian, shall return to such physician, dentist, podiatrist, optometrist, or veterinarian any unused portion of such drug, when it is no longer required by the patient.
[R.O. 1996 § 225.050; Ord. No. 4876, 12-16-2019]
A. 
It shall be unlawful to distribute any controlled substance in a commercial container unless such container bears a label containing an identifying symbol for such substance in accordance with Federal laws, or labeled as required under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
B. 
It shall be unlawful for any manufacturer of any controlled substance other than medical marijuana to distribute such substance unless the labeling thereof conforms to the requirements of federal law and contains the identifying symbol required in Subsection (A) of this Section.
C. 
The label of a controlled substance in Schedule II, III or IV as set out in Section 195.017, RSMo., shall, when dispensed to or for a patient, contain a clear, concise warning that it is a criminal offense to transfer such narcotic or dangerous drug to any person other than the patient.
D. 
Whenever a manufacturer sells or dispenses a controlled substance and whenever a wholesaler sells or dispenses a controlled substance in a package prepared by them, they shall securely affix to each package in which that drug is contained, a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein. No person except an apothecary for the purpose of filling a prescription under Sections 195.005 to 195.425, RSMo., shall alter, deface, or remove any label so affixed. Packaging and labeling of medical marijuana shall be governed by Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
E. 
Whenever an apothecary or practitioner sells or dispenses any controlled substance on a prescription issued by a physician, dentist, podiatrist or veterinarian, or such other people as authorized by State Statute, they shall affix to the container in which such drug is sold or dispensed, a label showing their own name and address of the apothecary or practitioner for whom they are lawfully acting; the name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal; the name, of the physician, dentist, podiatrist or veterinarian, by whom the prescription was written; and such directions as may be stated on the prescription. No person shall alter, deface, or remove any label so affixed. Packaging and labeling of medical marijuana shall be governed by Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[R.O. 1996 § 225.060]
A person to whom or for whose use any controlled substance in Schedule II as set out in Section 195.017, RSMo., has been prescribed, sold, or dispensed by a physician, dentist, podiatrist, or apothecary, or other person authorized under the provisions of applicable State law, and the owner of any animal for which any such drug has been prescribed, sold, or dispensed, by a veterinarian, may lawfully possess it only in the container in which it was delivered to them by the person selling or dispensing the same.
[R.O. 1996 § 225.070]
A. 
Any room, building, structure or inhabitable structure as defined in applicable State Statutes, which is used for the illegal use, keeping or selling of controlled substances, unless allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations, is a "public nuisance." No person shall keep or maintain such a public nuisance.
[Ord. No. 4876, 12-16-2019]
B. 
The Attorney General, Circuit Attorney or Prosecuting Attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance. If the court finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for the illegal use, keeping or selling of controlled substances, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one (1) year.
C. 
All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.
D. 
It is unlawful for a person to keep or maintain such a public nuisance. In addition to any other criminal prosecutions, the prosecuting attorney or circuit attorney may by information or indictment charge the owner or the occupant, or both the owner and the occupant of the room, building, structure, or inhabitable structure with the offense of keeping or maintaining a public nuisance.
E. 
Upon the conviction of the owner pursuant to Subsection (D) of this Section, the room, building, structure, or inhabitable structure is subject to the provisions of Sections 513.600 to 513.645, RSMo.
[R.O. 1996 § 225.080]
A. 
A person commits the offense of fraudulently attempting to obtain a controlled substance if they obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of the controlled substance by fraud, deceit, misrepresentation, or subterfuge; or by the forgery or alteration of a prescription, a medical marijuana qualified patient card, patient cultivation identification card, or primary caregiver identification card, or of any written order; or by the concealment of a material fact; or by the use of a false name or the giving of a false address. The offense of fraudulently attempting to obtain a controlled substance shall include, but shall not be limited to nor be limited by, the following:
[Ord. No. 4876, 12-16-2019]
1. 
Knowingly making a false statement in any prescription, order, report, or record, required by applicable State Statutes;
2. 
For the purpose of obtaining a controlled substance, falsely assuming the title of, or representing oneself to be, a manufacturer, wholesaler, apothecary, physician, dentist, podiatrist, veterinarian, or other authorized person;
3. 
Making or uttering any false or forged prescription, medical marijuana qualified patient card, patient cultivation identification card, or primary caregiver identification card, or false or forged written order;
4. 
Affixing any false or forged label to a package or receptacle containing controlled substances;
5. 
Possess a false or forged prescription, medical marijuana qualified patient card, patient cultivation identification card, or primary caregiver identification card with intent to obtain a controlled substance.
B. 
Information communicated to a physician in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of any such drug shall not be deemed a privileged communication; provided, however, that no physician or surgeon shall be competent to testify concerning any information which they may have acquired from any patient while attending them in a professional character and which information was necessary to enable them to prescribe for such patient as a physician, or to perform any act for them as a surgeon.
C. 
The provisions of this Section shall apply to all transactions relating to narcotic drugs under the provisions of Section 195.080, RSMo., in the same way as they apply to transactions under all other Sections.
[R.O. 1996 § 225.090; CC 1968 § 14-217; Ord. No. 2023 § 1, 2-18-1991]
A. 
Sales, Distribution, Display, Advertisement, Possession And Use Prohibited; Nuisance Declared.
1. 
It is unlawful for any person, knowing the drug related nature of the object, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any drug paraphernalia unless allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[Ord. No. 4876, 12-16-2019]
2. 
It is unlawful for any person, knowing the drug related nature of the object, to display for sale or possess with the intent to distribute, any drug paraphernalia unless allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[Ord. No. 4876, 12-16-2019]
3. 
It is unlawful for any person to use, or to possess with intent to use, any 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 imitation controlled substance in violation of Statute or ordinance unless allowed under Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[Ord. No. 4876, 12-16-2019]
4. 
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.
5. 
The display of any drug paraphernalia at a place of display for educational or scientific purposes shall not be unlawful.
6. 
In addition to any penalty authorized by law, a violation of this Section is hereby deemed and declared to be a nuisance.
[R.O. 1996 § 225.100; CC 1968 § 14-219; Ord. No. 1147 § 1, 4-12-1982]
Any person eighteen (18) years of age or over who violates Section 225.090 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years their junior is guilty of a special offense and upon conviction may be imprisoned for not more than ninety (90) days, fined not more than five hundred dollars ($500.00), or both.
[R.O. 1996 § 225.110; CC 1968 § 14-220; Ord. No. 1147 § 1, 4-12-1982]
It shall be unlawful for any person to deliver any imitation drug or imitation controlled substance to another person.[1]
[1]
Editor's Note: R.O. 1996 § 225.120, Conspiracy, which immediately followed this Section, was removed by the City during the 2019 recodification project.
[R.O. 1996 § 225.130; CC 1968 § 14-134; Ord. No. 1147 § 1, 4-12-1982]
No person shall adulterate, for the purpose of sale, any drugs or medicines of any kind, and no person shall sell, offer or expose for sale or give away, any such adulterated drugs or medicine.
[Ord. No. 4876, 12-16-2019]
Any person who is in possession of medical marijuana, shall, immediately upon the request of any Law Enforcement Officer, produce a valid permit issued by the State of Missouri for such possession, including, but not limited to, a qualified patient identification card, written temporary authorization from the State of Missouri to transport excess medical marijuana to a dispensary, a patient cultivation identification card, a qualified caretaker card, or a similar card issued by another State. Any person who fails to produce such a permit upon request shall be guilty of the offense of failure to produce a medical marijuana permit.
[Ord. No. 4876, 12-16-2019]
No person shall administer medical marijuana in a public place. “Administer” and “public place” shall have the definitions set forth in Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
[Ord. No. 4876, 12-16-2019]
No person shall extract resins from medical marijuana using dangerous materials or combustible gases without a medical marijuana-infused products manufacturing facility license issued by the State of Missouri.
[Ord. No. 4876, 12-16-2019]
A. 
All qualifying patient cultivation shall take place in an enclosed, locked facility, as defined in Article XIV of the Missouri Constitution and the Missouri Code of State Regulations.
B. 
One (1) qualifying patient may cultivate up to six (6) flowering marijuana plants, six (6) non-flowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) at any given time in a single, enclosed locked facility. Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional non-flowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering marijuana plants, eighteen (18) non-flowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility
C. 
Under no circumstance will a qualifying patient be entitled to cultivate, or have cultivated on their behalf, more than six (6) flowering marijuana plants.
D. 
Nothing in this Section shall convey or establish a right to cultivate medical marijuana in a facility where State law or a private contract would otherwise prohibit doing so.
E. 
All cultivated flowering marijuana plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient’s name.
F. 
Each qualifying patient or primary caregiver shall clearly display a cultivation authorization issued by the State of Missouri within the enclosed cultivation area and in close proximity to the marijuana plants. The authorization shall list the name of the qualifying patient or primary caregiver and the address of the facility in which that qualifying patient or primary caregiver is authorized to cultivate marijuana.
G. 
Qualifying patients or caregivers shall only be allowed to cultivate medical marijuana if they hold a valid patient cultivation identification card issued by the State of Missouri.
[Ord. No. 4876, 12-16-2019]
A. 
Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf:
1. 
In the case of qualifying patients who do not cultivate or have medical marijuana cultivated on their behalf, up to a sixty-day supply of dried, unprocessed marijuana per qualifying patient, or its equivalent; or
2. 
In the case of qualifying patients who are cultivating marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety-day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana cultivated by the qualifying patients or primary caregivers remains on property under their control.
B. 
All medical marijuana purchased from a dispensary must be stored in or with its original packaging.
C. 
Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient’s name.
D. 
Purchase and possession limits established in this Section shall not apply to a qualifying patient with written certification from two (2) independent physicians that there are compelling reasons why the qualifying patient needs a greater amount than the limits established in this Section.
E. 
An owner or employee of a medical marijuana facility licensed by the State of Missouri may possess medical marijuana while on the premises of said facility, or when transporting to a qualified patient’s or primary caregiver’s residence or another medical marijuana facility licensed by the State of Missouri.
[Ord. No. 4876, 12-16-2019]
No qualifying patient or primary caregiver shall dispose of medical marijuana or medical marijuana-infused products in an unsecured waste receptacle not in possession and control of the qualifying patient or primary caregiver and designed to prohibit unauthorized access.
[Ord. No. 4876, 12-16-2019]
Unless otherwise specified herein, the provisions of Section 100.080 regarding the general penalty for violations of this Code shall govern all violations set forth in this Chapter unless a specific penalty is provided in one of the Sections hereof.