[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:
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.
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:
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.
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.
Any Prosecuting Attorney, Circuit Attorney, or Attorney General
authorized to investigate, commence and prosecute an action under
Sections 195.005 to 195.425, RSMo.
The Bureau of Narcotics and Dangerous Drugs, United States
Department of Justice, or its successor agency.
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]
A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance in Schedule
I or II and:
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
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.
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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.
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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.
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.
A person authorized by law to practice dentistry in this
State.
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);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt
of an isomer of amphetamine; or
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;
Lysergic acid diethylamide; or
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.
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.
A practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
A person who distributes.
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;
Substances intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in
humans or animals;
Substances, other than food, intended
to affect the structure or any function of the body of humans or animals;
and
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.
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.
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.
It includes, but is not limited to:
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;
Kits used, intended for use, or designed
for use in manufacturing, compounding, converting, producing, processing,
or preparing controlled substances or imitation controlled substances;
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;
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;
Scales and balances used, intended
for use, or designed for use in weighing or measuring controlled substances
or imitation controlled substances;
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;
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;
Blenders, bowls, containers, spoons
and mixing devices used, intended for use, or designed for use in
compounding controlled substances or imitation controlled substances;
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;
Containers and other objects used,
intended for use, or designed for use in storing or concealing controlled
substances or imitation controlled substances;
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;
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:
Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
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;
Miniature cocaine spoons and cocaine
vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
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:
Statements by an owner or by anyone in control of the object
concerning its use;
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;
The proximity of the object, in time and space, to a direct
violation of Chapter 195, RSMo., or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
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;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
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;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
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.
The laws of the United States relating to controlled substances.
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]
A substance which:
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;
Is an immediate chemical intermediary
used or likely to be used in the manufacture of a controlled substance;
and
The control of which is necessary
to prevent, curtail or limit the manufacture of the controlled substance.
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:
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;
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;
Whether the substance is packaged
in a manner normally used for illicit controlled substances;
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;
The proximity of the substances to
controlled substances;
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 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.
Individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
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.
[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. 5183, 1-17-2023]
A.
No
person shall possess or distribute without consideration more than
three (3) ounces of dried, unprocessed marijuana or its equivalent.
1.
Any person who possesses or distributes without consideration more
than three (3) ounces of dried, unprocessed marijuana or its equivalent,
shall be subject to:
a.
For a first violation, the person is subject to a civil infraction
punishable by a violation is subject to a civil penalty not exceeding
two hundred and fifty dollars ($250.00) and forfeiture of the marijuana;
b.
For a second violation, the person is subject to a civil infraction
punishable by a violation is subject to a civil penalty not exceeding
five hundred dollars ($500.00) and forfeiture of the marijuana;
c.
For a third violation, the person is subject to a misdemeanor punishable
by a fine not exceeding one thousand dollars ($1,000.00) and forfeiture
of the marijuana;
d.
In lieu of payment, penalties under this Subsection may be satisfied
by performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of the judgement.
B.
No
person who is not registered with the Department of Health and Senior
Services for cultivation of marijuana plants shall possess, transport,
plant, cultivate, harvest, dry, process or manufacture more than six
(6) non-flowering marijuana plant (over fourteen (14) inches tall),
and six (6) clones (plants under fourteen (14) inches tall):
1.
The plants and any marijuana produced by the plants in excess of
three (3) ounces shall be secured in a locked space that is not visible
by normal, unaided vision from a public place.
a.
Any person who violates this Section by cultivating marijuana plants
in a space that is visible by normal, unaided vision from a public
place is subject to a civil penalty not exceeding two hundred and
fifty dollars ($250.00) and forfeiture of the marijuana.
b.
Any person who cultivates marijuana plants that are not kept in a
locked space is subject to a civil penalty not exceeding two hundred
and fifty dollars ($250.00) and forfeiture of the marijuana.
C.
No
person shall smoke marijuana in a public place, other than in an area
licensed for such activity. Violation of this Section shall be a civil
penalty not exceeding one hundred dollars ($100.00).
D.
No
person who is under twenty-one (21) years of age shall possess, use,
ingest, inhale, transport, deliver without consideration or distribute
without consideration marijuana, or possess, or deliver without consideration,
or distribute without consideration marijuana accessories.
1.
Violation of this Section is subject to a civil penalty not to exceed
one hundred dollars ($100.00) and forfeiture of the marijuana. Any
such person shall be provided with the option of attending up to four
(4) hours of drug education or counseling in lieu of a fine.
[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.
