[CC 1992 §220.210; R.O. 1979 §9.040]
No person shall, open to public view, consume or drink any intoxicating
liquor of any kind or any beer in or upon any public street, sidewalk,
park or other public place in the City.
[Ord. No. 1900, 10-22-2019[2]]
A.
A person
commits the offense of possession of a controlled substance if such
person knowingly possesses a controlled substance or controlled substance
analog, as those terms are defined in Section 195.010, RSMo., except
as authorized by Chapter 579, RSMo., or Chapter 195, RSMo., excluding
the possession of marijuana.
B.
A person
commits the crime of possession of marijuana if such person is in
possession of any amount of marijuana or synthetic cannabinoid, except:
1.
A qualified patient for the patient's own personal use, in an amount
no larger than the law allows, or
2.
A caretaker of a qualified patient or patients, but only when transporting
the medical marijuana to a qualified patient or patients when accompanying
a qualified patient or patients, or
3.
An owner or employee of a qualified medical marijuana facility within
the enclosed structure of a licensed facility, or when delivering
directly to a qualified patient's or caretaker's residence, or delivering
directly to another licensed medical marijuana facility when such
owner or employee is in possession of appropriate authorization or
license to transport medical marijuana.
C.
It
shall not be necessary to include any exception, excuse, proviso or
exemption contained in this Section or Chapter 579, RSMo., or Chapter
195, RSMo., in any complaint, information, indictment, or in any action
or proceeding brought for the enforcement of any provision of this
Section, and the burden of proof of any such exception, excuse, proviso
or exemption shall be upon the defendant.
D.
Definitions
used in this Chapter and any Chapter or Section of the City Code related
to medical marijuana shall have the following meanings, unless where
specifically noted in any other Section of the City Code:
1.
The terms "marijuana," "medical marijuana," "medical marijuana facility,"
"qualified patient" and "caretaker of qualified patient" shall have
the definition set forth in Article XVI, Section 1 of the Missouri
State Constitution or any subsequent Statute or regulation implementing
requirements of such Article, except that in any disagreement the
definitions stated in the Constitution shall prevail.
2.
The term "amount no larger than allowed by law" shall refer to the
amount or volume of medical marijuana that is allowed for legal possession
for the purpose of using or administering medical marijuana as stated
in Article XVI of the Missouri State Constitution or any subsequent
Statute or regulation implementing the requirements of such Article,
except that in any disagreement the terms stated in the Constitution
shall prevail.
3.
The term "directly" shall mean the shortest practical route from
the medical marijuana facility to the permitted destination or destinations,
without any voluntary detours or additional stops.
4.
As used in this Chapter, the term "administer" when applied to medical
marijuana shall have the definition set forth in Article XVI, Section
1 of the Missouri Constitution.
5.
As used in this Chapter, the term "public" when applied to medical
marijuana shall mean any other place other than:
a.
The residence of the person administering medical marijuana, or
b.
The residence of another person, when the person in control of the
property has consented to the administering of medical marijuana,
or
c.
A licensed medical facility where a licensed healthcare provider
has given consent for medical marijuana to be administered on the
premises.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1900, 10-22-2019[2]]
Any person in possession of medical marijuana, shall, immediately
upon request of any Law Enforcement Officer, produce a valid permit
issued by the Missouri Department of Health and Senior Services (or
its successors) for such possession, including, but not limited to,
a qualified patient identification card, a qualified caretaker identification
card, a medical marijuana transportation license or a similar card
issued by another State and recognized in the State of Missouri. 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.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1900, 10-22-2019]
No person shall use or administer medical marijuana in public.
[Ord. No. 1900, 10-22-2019]
No person shall dispose of marijuana or marijuana-infused products
or waste in an unsecured waste receptacle not in possession and control
of the possessor of a medical marijuana permit. Such waste receptacle
must be designed, modified or located to prohibit unauthorized access
by any person or persons who do not have a medical marijuana permit.
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.
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of a misdemeanor.
C.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia as defined by Section 195.010, RSMo., 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., or an imitation controlled substance as defined by Section
195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, 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.
A.
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 of any
solvent, particularly toluol.
