[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]
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.
[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]
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.
[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.