The following words and phrases as used in the Desloge City
Code, unless the context otherwise requires, shall mean:
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I through V listed in Sections 195.005 to 195.425, RSMo. Any analogue or homologue of a Schedule I controlled substance shall be treated, for the purposes of Sections
220.1800 through
220.1830 of the City Code, as a controlled substance. Furthermore, any synthetic cannabinoid, as defined below, shall be treated, for the purposes of Sections
220.1800 through
220.1830 of the City Code, as a controlled substance.
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.
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 controlled substance or an imitation controlled substance
in violation of Sections 195.005 to 195.425, RSMo.
MARIJUANA or MARIHUANA
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to, Cannabis Sativa L., 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 b 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.
"Marijuana" or "marihuana" do not include industrial hemp containing
a crop wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis,
or commodities or products manufactured from industrial hemp.
[Ord. No. 2020.01, 1-13-2020]
MEDICAL USE
With respect to Marijuana, means the production, possession,
delivery, distribution, transportation, or administration of marijuana
or a marijuana-infused product, or drug paraphernalia used to administer
marijuana or a marijuana-infused product, for the benefit of a qualifying
patient to mitigate the symptoms or effects of the patient's qualifying
medical condition.
[Ord. No. 2020.01, 1-13-2020]
PHYSICIAN
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 2020.01, 1-13-2020]
PHYSICIAN CERTIFICATION
With respect to Marijuana, means a document, whether handwritten,
electronic or in another commonly used format, signed by a physician
and stating that, in the physician's professional opinion, the patient
suffers from a qualifying medical condition.
[Ord. No. 2020.01, 1-13-2020]
PRIMARY CAREGIVER
With respect to Marijuana, means an individual twenty-one
(21) years of age or older who has significant responsibility for
managing the well-being of a qualifying patient and who is designated
as such on the primary caregiver's application for an identification
card under this Chapter or in other written notification to the department.
[Ord. No. 2020.01, 1-13-2020]
QUALIFYING MEDICAL CONDITION
With respect to Marijuana, means the condition of, symptoms
related to, or side-effects from the treatment of:
[Ord. No. 2020.01, 1-13-2020]
4.
Intractable migraines unresponsive to other treatment;
5.
A chronic medical condition that causes severe, persistent pain
or persistent muscle spasms, including but not limited to those associated
with multiple sclerosis, seizures, Parkinson's disease, and Tourette's
syndrome;
6.
Debilitating psychiatric disorders, including, but not limited
to, post-traumatic stress disorder, if diagnosed by a State licensed
psychiatrist;
8.
Human immunodeficiency virus or acquired immune deficiency syndrome;
9.
A chronic medical condition that is normally treated with a
prescription medication that could lead to physical or psychological
dependence, when a physician determines that medical use of marijuana
could be effective in treating that condition and would serve as a
safer alternative to the prescription medication;
11.
In the professional judgment of a physician, any other chronic,
debilitating or other medical condition, including, but not limited
to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel
disease, Crohn's disease, Huntington's disease, autism, neuropathies,
sickle cell anemia, agitation of Alzheimer's disease, cachexia, and
wasting syndrome.
QUALIFYING PATIENT
With respect to Marijuana, means a Missouri resident diagnosed
with at least one (1) qualifying medical condition.
[Ord. No. 2020.01, 1-13-2020]
SYNTHETIC CANNABINOID
Includes, unless specifically excepted by State law, any
natural or synthetic material, compound, mixture, or preparation that
contains any quantity of a substance that is a cannabinoid receptor
agonist, including, but not limited to, any substance listed in paragraph
(II) of Subdivision (4) of Subsection (2) of Section 195.017, RSMo.,
and any analogues, homologues; isomers, whether optical, positional,
or geometric; esters; ethers; salts; and salts of isomers, esters,
and ethers, whenever the existence of the isomers, esters, ethers,
or salts is possible within the specific chemical designation. However,
it shall not include any approved pharmaceutical authorized by the
United States Food and Drug Administration.
[Ord. No. 2020.01, 1-13-2020; Ord. No. 2023.22, 11-13-2023
A. Except as otherwise specifically provided in Chapters 195 and 579, RSMo., Sections
220.1820 and
220.1830, shall not apply to the following cases: prescribing, administering, dispensing or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain controlled substances in such combinations of drugs as to prevent the drugs from being readily extracted from such liniments, ointments, or preparations, except that Sections
220.1820 and
220.1830, shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.
B. The quantity of Schedule II controlled substances prescribed or dispensed
at any one (1) time shall be limited to a thirty-day supply. The quantity
of Schedule III, IV or V controlled substances prescribed or dispensed
at any one (1) time shall be limited to a ninety-day supply and shall
be prescribed and dispensed in compliance with the general provisions
of Chapters 195 and 579, RSMo. The supply limitations provided in this
Subsection may be increased up to six (6) months if the physician
describes on the prescription form the medical reason for requiring
the larger supply.
C. The
following provisions shall apply to offenses related to marijuana:
1. Possession Of Marijuana By Persons Under Twenty-One (21) Years Of
Age Prohibited.
a. No person under twenty-one (21) years of age shall possess marijuana.
b. This Subsection shall not apply to any qualifying patient in possession
of a qualifying patient identification card issued by the Department
of Health and Senior Services.
c. Any person who violates this Subsection shall be subject to a civil
penalty not to exceed one hundred dollars ($100.00) and forfeiture
of the marijuana, unless such individual is determined to be in possession
of more than three (3) ounces of dry, unprocessed marijuana or its
equivalent, in which case the individual shall be subject to a civil
penalty not to exceed two hundred fifty dollars ($250.00) and forfeiture
of the marijuana.
d. Any person who is subject to a civil penalty pursuant to this Subsection
but is determined to be in possession of three (3) ounces or less
of marijuana shall be provided the option of attending up to four
(4) hours of drug education or counseling in lieu of payment of the
penalty. Any person who is subject to a civil penalty pursuant to
this Subsection but is determined to be in possession of more than
three (3) ounces of marijuana shall be provided the option of attending
up to eight (8) hours of drug education or counseling in lieu of payment
of the penalty. Any such person shall still be subject to forfeiture
of the marijuana.
e. Any person who is assessed a civil penalty or fine under this Subsection
may perform community service in lieu of payment. The rate of pay-down
associated with this service option will be the greater of fifteen
dollars ($15.00) per hour or the minimum wage in effect at the time
of judgment.
2. Possession Of Marijuana By Persons Twenty-One (21) Years Of Age And
Older.
a. No person who is twenty-one (21) years of age or older shall possess
in excess of three (3) ounces of dried, unprocessed marijuana, or
its equivalent.
b. This Subsection shall not apply to any person who is registered with
the Department of Health and Senior Services for the cultivation of
marijuana plants, provided any amount of marijuana in excess of three
(3) ounces is kept at one (1) private residence in a locked space.
c. No person who is registered with the Department of Health and Senior Services for the cultivation of marijuana shall possess marijuana plants in excess of the limits set forth in Article
XIV, Section 2 of the Missouri Constitution.
d. This Subsection shall not apply to any qualifying patient or primary
caregiver in possession of a qualifying patient or primary caregiver
identification card and in possession of marijuana within the limits
established by the Missouri Department of Health and Senior Services.
e. Any person who violates this Subsection shall be subject to:
(1)
For a first violation, a civil penalty not to exceed two hundred
fifty dollars ($250.00) and forfeiture of the marijuana.
(2)
For a second violation, a civil penalty not to exceed three
hundred fifty dollars ($350.00) and forfeiture of the marijuana.
(3)
For a third violation, a fine not to exceed five hundred dollars
($500.00) and forfeiture of the marijuana.
f. Any person who is assessed a civil penalty or fine under this Subsection
may perform community service in lieu of payment. The rate of pay-down
associated with this service option will be the greater of fifteen
dollars ($15.00) per hour or the minimum wage in effect at the time
of judgment.
3. Possession Of Marijuana In Schools Or Correctional Facilities Prohibited.
a. No person shall possess or consume marijuana on the grounds of any
public or private preschool, elementary or secondary school, institution
of higher education, in a school bus, or on the grounds of any correctional
facility.
b. This Subsection shall not apply to any qualifying patient in possession
of a qualifying patient identification card issued by the Department
of Health and Senior Services.
c. Any violation of this Subsection shall be punished as provided by the provisions of Article
III of Chapter
100 of the Desloge City Code.
4. Delivery Or Distribution Of Marijuana To Persons Under Twenty-One
(21) Years Of Age.
a. No person shall deliver or distribute marijuana, with or without
consideration, to a person younger than twenty-one (21) years of age.
b. This Subsection shall not apply to the delivery or distribution of marijuana to any qualifying patient, as defined by Article
XIV, Section 1 of the Missouri Constitution, by any entity licensed by the Missouri Department of Health and Senior Services for the distribution of medical marijuana or by any parent or guardian of the qualifying patient.
c. Any violation of this subsection shall be punished as provided by the provisions of Article
III of Chapter
100 of the Desloge City Code.
5. For purposes of this Section, the term "marijuana" shall have the same definition found in Article
XIV, Section 2 of the Missouri Constitution.
6. Subsections
(C)(1),
(2), and
(3) of this Section shall not apply to any individual who is found to be in possession of more than twice the amount of marijuana or more than twice the number of marijuana plants authorized by Article
XIV, Section 2 of the Missouri Constitution.
It is unlawful for any person to manufacture, possess, have under his/her control, sell, prescribe, administer, dispense, distribute or compound any controlled or counterfeit substance as defined in Section
220.1800 of the Desloge City Code, and which is not otherwise excepted under Section
220.1810 of the Desloge City Code.
[Ord. No. 2023.22, 11-13-2023]
A. It
is unlawful for any person to use or to possess 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 this Article. Nor shall any person
deliver, possess with intent to deliver or manufacture 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 this Article.
B. "Drug paraphernalia" shall not include any "marijuana accessories" as that term is defined by Subsection
(C), below, and by Article
XIV, Section 2 of the Missouri Constitution.
C. Marijuana
Accessories. For purposes of this Section, the term "marijuana accessories"
means any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
D. For purposes of this Section, the term "marijuana" shall have the same definition found in Article
XIV, Section 2 of the Missouri Constitution.
E. Possession
Of Marijuana Accessories By Persons Under Twenty-One (21) Years Of
Age Prohibited.
1. No person under twenty-one (21) years of age shall possess marijuana
accessories.
2. This Subsection shall not apply to any qualifying patient in possession
of a qualifying patient identification card issued by the Department
of Health and Senior Services.
3. Any person who violates this Subsection shall be subject to a civil
penalty not to exceed one hundred dollars ($100.00) and forfeiture
of the marijuana.
4. Any person who is subject to a civil penalty pursuant to this Subsection
shall be provided the option of attending up to four (4) hours of
drug education or counseling in lieu of payment of the penalty. Any
such person shall still be subject to forfeiture of the marijuana.
5. Any person who is assessed a civil penalty or fine under this Subsection
may perform community service in lieu of payment. The rate of pay-down
associated with this service option will be the greater of fifteen
dollars ($15.00) per hour or the minimum wage in effect at the time
of judgment.
F. Possession
Of Marijuana Accessories In Schools Or Correctional Facilities Prohibited.
1. No person shall possess marijuana accessories on the grounds of any
public or private preschool, elementary or secondary school, institution
of higher education, in a school bus, or on the grounds of any correctional
facility.
2. Any violation of this Subsection shall be punished as provided by the provisions of Article
III of Chapter
100 of the Desloge City Code.
G. Delivery
Of Marijuana Accessories To Persons Under Twenty-One (21) Years Of
Age Prohibited.
1. No person shall deliver or distribute marijuana accessories, with
or without consideration, to a person younger than twenty-one (21)
years of age.
2. Any violation of this Subsection shall be punished as provided by the provisions of Article
III of Chapter
100 of the Desloge City Code.
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.
[Ord. No. 2023.22, 11-13-2023]
A. Definitions:
1. The term "public place" means any place to which the public or a
substantial number of the public have access. The term "public place,"
includes, but is not limited to streets and highways, sidewalks, transportation
facilities, places of amusement, parks, park properties, playgrounds,
parking lots, and the common areas of public and private buildings
and facilities.
2. The term "marijuana" has the same definition as found in Article
XIV, Section 2 of the Missouri Constitution.
B. A
person commits the offense of public use of an intoxicating substance
when he/she shall drink or otherwise consume any alcoholic beverage,
intoxicating liquor; or use any controlled substance or narcotic drug
in any street, public park or other public place.
C. The
following provisions shall apply to offenses related to marijuana:
1. No person shall consume marijuana in a public place or any vehicle
parked in a public place.
2. No person shall consume marijuana in such a manner that marijuana
smoke or odor exits a residence or non-public place where consumption
of marijuana is otherwise lawful. In a multi-family residence or similar
dwelling, marijuana shall not be consumed in any common area.
3. Any person who violates this Section is subject to a civil penalty
not to exceed one hundred dollars ($100.00).
4. Any person who is assessed a civil penalty under this Section may
perform community service in lieu of payment. The rate of pay-down
associated with this service option will be the greater of fifteen
dollars ($15.00) per hour or the minimum wage in effect at the time
of judgment.
A person commits the offense of transporting an open beer or liquor container if a container of non-intoxicating beer, malt liquor, or intoxicating liquor (as those terms are defined in Section
600.020 of this Code) is found to be open (that is available for ready consumption) within a vehicle which that person has under his/her control or in which that person is a passenger.
[Ord. No. 2023.22, 11-13-2023]
A. No
person shall consume marijuana in any form while operating a motor
vehicle.
B. No
occupant of a motor vehicle shall consume marijuana by smoking while
the motor vehicle is being operated.
C. Any violation of this Section shall be punished as provided by the provisions of Article
III of Chapter
100 of the Desloge City Code.