[R.O. 2007 § 210.290; CC 1979 §§ 6.1-1 — 6.1-6; Ord. No. 687 §§ 1 — 6, 10-8-1981; Ord. No. 4374 § 2, 10-27-2005; Ord. No. 6579 § 23, 7-28-2016[1]]
A. 
Unlawful Use Of Drug Paraphernalia. 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 as defined by Section 195.010, RSMo., as amended, 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 as defined by Section 195.010, RSMo., as amended, or an imitation controlled substance as defined by Section 195.010, RSMo., as amended, in violation of Chapter 195, RSMo., or Chapter 579, RSMo., as amended.
[Ord. No. 7118, 4-11-2019]
B. 
Drug Paraphernalia — Deliver Or Manufacture — Unlawful. A person commits the offense of unlawful manufacture of drug paraphernalia if he or she unlawfully manufactures with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or an imitation controlled substance in violation of Chapter 195, RSMo., or Chapter 579, RSMo., as amended.
C. 
Advertisement Of Drug Paraphernalia — Unlawful. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication circulated or intended to be circulated within the boundaries of the City of St. Peters, Missouri, 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.
D. 
Forfeiture Of Controlled Substances And Drug Paraphernalia.
1. 
All controlled substances, imitation controlled substances or drug paraphernalia for the administration, use or manufacture of controlled substances or imitation controlled substances and which have come into the custody of a Peace Officer or officer or agent of the Department of Health and Senior Services as provided by Chapter 195, RSMo., or Chapter 579, RSMo., as amended, the lawful possession of which is not established or the title to which cannot be ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal Procedure for the Courts of Missouri or some other appropriate hearing, shall be forfeited and disposed of as follows:
a. 
Except as in this Section otherwise provided, the court or Associate Circuit Judge having jurisdiction shall order such controlled substances, imitation controlled substances or drug paraphernalia forfeited and destroyed. A record of the place where said controlled substances, imitation controlled substances or drug paraphernalia were seized, of the kinds and quantities of controlled substances, imitation controlled substances or drug paraphernalia so destroyed, and of the time, place and manner of destructions shall be kept, and a return under oath reporting the destruction of the controlled substances, imitation controlled substances or drug paraphernalia shall be made to the court or Associate Circuit Judge by the officer who destroys them.
2. 
Forfeiture.
a. 
Everything of value furnished, or intended to be furnished, in exchange for a controlled substance, imitation controlled substance or drug paraphernalia in violation of Chapter 195, RSMo., or Chapter 579, RSMo., as amended, all proceeds traceable to such an exchange and all monies, negotiable instruments or securities used, or intended to be used, to facilitate any violation of Chapter 195, RSMo., or Chapter 579, RSMo., as amended, shall be forfeited, except that no property shall be forfeited under this Subsection to the extent of the interest of an owner by reason of any act or omission established by him/her to have been committed without his or her knowledge or consent.
b. 
Any monies, coin or currency found in close proximity to forfeitable controlled substances, imitation controlled substances or drug paraphernalia, or forfeitable records of the importation, manufacture or distribution of controlled substances, imitation controlled substances or drug paraphernalia are presumed to be forfeitable under this Subsection. The burden of proof shall be upon claimants of the property to rebut this presumption.
c. 
All forfeiture proceedings shall be conducted pursuant to the provisions of Sections 513.600 to 513.653, RSMo.
[1]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.295; Ord. No. 3726 § 1, 10-24-2002; Ord. No. 4352 § 1, 9-22-2005; Ord. No. 6579 § 24, 7-28-2016[1]]
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:
1. 
The sole active ingredient; or
2. 
One (1) of the active ingredients of a combination drug; or
3. 
A combination of any of the products specified in subdivisions (1) and (2) 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:
1. 
The sole active ingredient; or
2. 
One (1) of the active ingredients of a combination drug; or
3. 
A combination of any of the products specified in subdivisions (1) and (2) 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. 
Any person who knowingly or recklessly violates this Section is guilty of an ordinance violation.
[1]
Editor’s Note: Section 25 of this ordinance provided that it would take effect at 12:01 A.M. on 1-1-2017.
[R.O. 2007 § 210.300; Ord. No. 2329 §§ 1 — 3, 7-27-1995; Ord. No. 7118, 4-11-2019]
A. 
Definitions. For purposes of this Section, the following terms used in this Section shall be defined as follows:
MARIJUANA
All parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., except industrial hemp as that term is defined by Section 195.010, RSMo., as amended, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
POSSESSED OR POSSESSING A CONTROLLED SUBSTANCE
A person, with the knowledge of the presence and nature of a substance, has actual or constructive possession of the substance. A person has actual possession if he/she has the substance on his/her person or within easy reach and convenient control. A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it. Possession may also be sole or joint. If one (1) person alone has possession of a substance possession is sole. If two (2) or more persons share possession of a substance, possession is joint.
B. 
Possession Or Control Of Marijuana. It shall be unlawful for any person to possess or have under such person's control marijuana, except as authorized by Sections 195.005 to 195.425, RSMo., as amended.
[R.O. 2007 § 210.305; Ord. No. 4337 § 1, 9-13-2005]
A. 
Definitions. For purposes of this Section, the following terms used in this Section shall be defined as follows:
INHALANT
1. 
A material or substance that is readily vaporizable at room temperature and whose vapors or gases, when inhaled,
a. 
Pose an immediate threat to the life or health of the person; or
b. 
Are likely to have adverse delayed effects on the health of the person;
2. 
And which is:
a. 
A compressed air product; or
b. 
A common household material or substance whose containers bear a notice warning that inhalation of vapors or gases emitted from it may cause physical harm.
POSSESS OR POSSESSING INHALANTS
A person, with the knowledge of the presence and nature of a substance, has actual or constructive possession of the substance. A person has actual possession if he/she has the substance on his/her person or within easy reach and convenient control. A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it. Possession may also be sole or joint. If one (1) person alone has possession of a substance possession it is sole. If two (2) or more persons share possession of a substance, possession is joint.
B. 
Possession Or Control Of An Inhalant By A Minor. It shall be unlawful for any person under the age of eighteen (18) years to possess any inhalants.
[Ord. No. 5016 § 1, 6-12-2008]
A. 
Restrictions — Exceptions.
1. 
It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains butyl nitrite, isobutyl nitrite, secondary butyl nitrite, tertiary butyl nitrite, and mixtures containing butyl nitrite, isobutyl nitrite, secondary butyl nitrite, or tertiary butyl nitrite.
2. 
It shall be unlawful for any person to inhale, ingest, use, or possess any compound, liquid, or chemical which contains nitrous oxide, commonly known as "laughing gas" and any amyl nitrite, commonly known as "poppers" or "snappers".
3. 
The provisions hereof do not apply to the possession and use of these substances prescribed as part of the care or treatment of a disease, condition, or injury by a licensed medical or dental practitioner or to the use as part of a manufacturing process or industrial operation.
4. 
The provisions of this Section do not apply to the possession, use, or sale of nitrous oxide as a propellant in food preparation for restaurant, food service, or house ware products.
B. 
It shall be unlawful for any person to possess, buy, sell, or otherwise transfer any substance specified in Subsection (A) of this Section for the purpose of inducing or aiding any other person to inhale or ingest such substance or otherwise violate the provisions of Subsection (A).
C. 
Penalty. Any person found guilty of violating this Section shall be deemed guilty of an ordinance violation punishable by and in accordance with the ordinances of this City.