City of Fair Grove, MO Article XI Offenses Concerning Drugs and Alcohol [1]

[1] Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.

Section 210.1800 Possession Of Marijuana Or Synthetic Cannabinoid. [1]

A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]

[1] Note: Under certain circumstances this offense can be a felony under state law.

[2] State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§ 195.010, 195.017 and 579.015, RSMo.

Section 210.1810 Possession Of A Controlled Substance. [1]

A person commits the offense of possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses a controlled substance, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]

[1] Note: Under certain circumstances this offense can be a felony under state law.

[2] State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§ 195.010, 195.017 and 579.015, RSMo.

Section 210.1820 Limitations on the Retail Sale of Methamphetamine Precursor Drugs.

A. The retail sale of methamphetamine precursor drugs shall be limited to:

1. Sales in packages containing not more than a total of three (3) grams of one (1) or more methamphetamine precursor drugs calculated in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine base; and

2. For non-liquid products, sales in blister packs, each blister containing not more than two (2) dosage units, or where the use of blister packs is technically infeasible, sales in unit dose packets or pouches.

B. The penalty for a knowing violation of Subsection (A) of this Section is found in Section 579.060, RSMo.

Section 210.1830 Unlawful Possession Of Drug Paraphernalia. [1]

Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, a person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of Chapter 579, RSMo., or Chapter 195, RSMo.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1835 Drug Masking Product, Unlawful Distribution, Delivery, Or Sale Of — Penalty.

A. For purposes of this Section, the following terms mean:

DRUG MASKING PRODUCT

Synthetic urine, human urine, a substance designated to be added to human urine, or a substance designated to be added to or used on human hair or oral fluid for the purpose of defrauding an alcohol or a drug screening test.

SYNTHETIC URINE

A substance that is designated to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.

B. A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.

Section 210.1840 Inhalation or Inducing Others To Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues or induce any other person to do so for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.

Section 210.1850 Inducing, or Possession With Intent To Induce, Symptoms by Use of Solvents and Other Substances, Prohibited.

A. As used in this Section, "alcohol beverage vaporizer" means any device which, by means of heat, a vibrating element, or any method, is capable of producing a breathable mixture containing one (1) or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both.

B. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use or abuse of any of the following substances:

1. Solvents, particularly toluol;

2. Ethyl alcohol;

3. Amyl nitrite and its iso-analogues;

4. Butyl nitrite and its iso-analogues;

5. Cyclohexyl nitrite and its iso-analogues;

6. Ethyl nitrite and its iso-analogues;

7. Pentyl nitrite and its iso-analogues; and

8. Propyl nitrite and its iso-analogues.

C. This Section shall not apply to substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-the-counter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.

D. No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by Section 210.1840 and this Section.

E. No person shall possess or use an alcoholic beverage vaporizer.

F. Nothing in this Section shall be construed to prohibit the legal consumption of intoxicating liquor.

Section 210.1860 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.1840 to 210.1850 — Penalty. [1]

A. No person shall intentionally possess or buy any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of inducing or aiding any other person to violate the provisions of Sections 210.1840 and 210.1850 hereof.

B. Any person who violates any provision of Sections 210.1840 through 210.1860 is guilty of an ordinance violation for the first violation.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1870 Open Beer and Liquor Container.

[CC 1999 §4.0804; Ord. No. 99-11-01 §2, 11-16-1999]

A. It shall be unlawful for any person to possess any container of beer or any container of intoxicating malt liquor, wines or liquor, if said container is open or readily available for consumption when:

1. Any person is found to be upon any City or State maintained street or highway, right-of-way, alleyway, sidewalk or parking lot; or

2. Any person is found to be upon or within the grounds of any City park, City pool, City community center, City Hall or any City-owned or maintained building or County-owned or maintained building except as allowed by permit approved by the Board; or

3. Any person is found to be in control of or a passenger in a motor vehicle within the City limits; or

4. Any person is found to be upon the private property of any business and a complaint has been filed or a consent to prosecute on private property has been filed by the owner of such private property with the City Prosecutor and the Police Department, signed by the property owner and stating that this Section is to be enforced on such private property or place of business.

Section 210.1880 Failure To Comply With Ignition Interlock Device Requirements — Penalty.

[Ord. No. 212, 6-8-2021]

A. A person commits the offense of failure to comply with ignition interlock device requirements if he or she is required to comply with ignition interlock requirements and knowingly operates a motor vehicle that is not equipped with a functioning certified ignition interlock device in violation of a court, or Department of Revenue, order to use such a device.

B. The offense of failure to comply with ignition interlock device requirements is an ordinance violation.

Section 210.1890 Renting, Leasing, Or Lending A Vehicle To A Person Required To Comply With Ignition Interlock Requirements — Penalty.

[Ord. No. 212, 6-8-2021]

A. A person commits the offense of renting, leasing, or lending a vehicle to a person required to comply with ignition interlock requirements if he or she knowingly rents, leases, or lends a vehicle to a person required to use an ignition interlock device on all vehicles operated by the person unless the vehicle being rented, leased, or loaned is equipped with a functioning, certified ignition interlock device.

B. The offense of renting, leasing, or lending a vehicle to a person required to comply with ignition interlock requirements is an ordinance violation.

Section 210.1900 Tampering With Or Circumventing The Operation Of An Interlock Device — Penalty.

[Ord. No. 212, 6-8-2021]

A. A person commits the offence of tampering with or circumventing the operation of an ignition interlock device if:

1. His or her driving privilege is restricted by a prohibition on the operation of any vehicle unless that vehicle is equipped with a functioning, certified ignition interlock device, and he or she knowingly requests or solicits any other person to blow into an ignition interlock device or to start a vehicle equipped with the device for the purpose of providing the person so restricted with an operable vehicle; or

2. He or she blows into an ignition interlock device or starts a vehicle equipped with the device for the purpose of providing an operable vehicle to a person whose driving privilege is restricted pursuant to the provisions of this Chapter; or

3. He or she tampers with, or circumvents the operation of, an ignition interlock device.

B. The offense of tampering with or circumventing the operation of an ignition interlock device is an ordinance violation.

Section 210.1910 through Section 210.1960. (Reserved)