Except as authorized by Sections 195.005 to 195.425, RSMo.,
it is unlawful for any person to possess or have under his/her control
marijuana as defined in Section 195.010, RSMo.
[Ord. No. 2265 §1, 3-15-2010; Ord. No. 2527 §2, 5-21-2012]
A.
Definitions. As used in this Section, the following terms shall have these prescribed
meanings:
ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense,
spice or any blend thereof, regardless of whether the substance is
marketed for the purpose of being smoked, which includes any one (1)
or more of the following chemicals or those chemicals listed in the
definition of synthetic cannabinoid or synthetic stimulant:
1.
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol
(also known as CP47,497) and homologues;
2.
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10ate- trahydrobenzo[c]chromen-1-01) (also known as HU-211
or Dexanabinol);
3.
1-Pentyl-3-(1-naphthoyl)indole (also known as JWH-018); or
4.
Butyl-3-(l-naphthoyl)indole (also known as JWH-073).
PERSON
An individual, corporation, partnership, wholesaler, retailer
or any license or unlicensed business.
SYNTHETIC CANNABINOID OR SYNTHETIC STIMULANT
Any substance, regardless of whether the substance is marketed
for human consumption, which includes any one (1) or more of the following
chemicals:
1.
Any compound structurally derived from 3-(1-naphthoyl)indole
or 1H-indol-3-yl-(1-naphthyl) methane by substitution at the nitrogen
atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
cycloalkyl ethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl
group, whether or not further substituted in the indole ring to any
extent, whether or not substituted in the naphthyl ring to any extent.
Including, but not limited to:
a.
JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;
b.
JWH-015, or l-propyl-2-methyl-3-(1-naphthoyl) indole;
c.
JWH-018, or l-pentyl-3-(l-naphthoyl)indole;
d.
JWH-019, or l-hexyl-3-(l-naphthoyl)indole;
e.
JWH-073, or l-butyl-3-(1-naphthoyl)indole;
f.
JWH-081, or l-pentyl-3-(4-methoxy-1-naphthoyl)indole;
g.
JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-l-naphthoyl)indole;
h.
JWH-122, or 1-pentyl-3-(4-methyl-1-naphthoyl)indole;
i.
JWH-164, or l-pentyl-3-(7-methoxy-1-naphthoyl)indole;
j.
JWH-200, or 1-(2-(4-(morpholinyl)ethyl))-3-(l-naphthoyl) indole;
k.
JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole;
l.
JWH-398, or 1-pentyl-3-(4-chloro-1-naphthoyl)indole;
2.
Any compound structurally derived from 3-(1-naphthoyl) pyrrole
by substitution at the nitrogen atom of the pyrrole ring by alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the pyrrole ring to any extent, whether or not substituted in the
naphthyl ring to any extent;
3.
Any compound structurally derived from 1-(1-naphthylmethyl)indene
by substitution at the 3-position of the indene ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(Nmethyl-2-piperidinyl)methyl
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indene ring to any extent, whether or not substituted in the
naphthyl ring to any extent;
4.
Any compound structurally derived from 3-phenylacetylindole
by substitution at the nitrogen atom of the indole ring with alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(Nmethyl-2-piperidinyl)methyl
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indole ring to any extent, whether or not substituted in the
phenyl ring to any extent. Including, but not limited to:
a.
JWH-201, or 1-pentyl-3-(4-methoxyphenylacetyl)indole;
b.
JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole;
c.
JWH-250, or 1-pentyl-3-(2-methoxyphenylacetyl)indole;
d.
JWH-251, or 1-pentyl-3-(2-methylphenylacetyl)indole;
e.
RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;
5.
Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol
by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, l-(N-methyl-2-piperidinyl)methyl
or 2-(4-morpholinyl)ethyl group, whether or not substituted in the
cyclohexyl ring to any extent. Including, but not limited to:
a.
CP 47, 497 and homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-
(2-methyloctan-2-yl) phenol, where side chain n=5, and homologues
where side chain n=4, 6, or 7;
6.
Any compound containing a 3-(benzoyl)indole structure with substitution
at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl
or 2-(4-morpholinyl)ethyl group, whether or not further substituted
in the indole ring to any extent and whether or not substituted in
the phenyl ring to any extent. Including, but not limited to:
a.
AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;
b.
RCS-4, or 1-pentyl-3-(4-methoxybenzoyl)indole;
7.
CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan2-yl]oxy-5,6,6a,7,8,9,10, 10a-octahydrophenanthridin-l-yl] acetate;
9.
HU-211, or Dexanabinol, or (6aS,10aS)-9(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;
10.
CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan2-yl]oxy-5, 6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate;
11.
Dimethylheptylpyran, or DMHP;
12.
Any material, compound, mixture or preparation containing any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers and salts
of isomers:
c.
Mephedrone, or 4-Methylmethcathinone;
f.
Methylenedioxypyrovalerone, or MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-
(1-pyrrolidinyl)-1pentanone;
g.
Methylone, or 3,4-Methylenedioxymethcathinone;
h.
4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP;
i.
3,4-DMMC, or 3,4-dimethylmethcathinone;
j.
Naphyrone, or naphthylpyrovalerone;
k.
Any analogue or homologue of any of the above materials, compounds
or substances.
B. Unlawful To Sell, Offer, Gift Or Display. It shall be unlawful
for any person to sell, offer to sell, gift, or publicly display for
sale any illegal smoking product or synthetic cannabinoid or synthetic
stimulant.
C. Possession Unlawful. It is unlawful for any person to knowingly
possess any illegal smoking product or synthetic cannabinoid or synthetic
stimulant.
D. Injunction. The Chief of Police shall cooperate to notify
any business offering the substances herein set forth for sale of
the unlawfulness of such illegal smoking product or synthetic cannabinoid
or synthetic stimulant, and shall report any continued sale to the
office of the City Counselor so that the City Counselor may seek any
necessary injunctive relief to remove such product from sale, offer
for sale, gift or public display.
Except as authorized by Sections 195.005 to 195.425, RSMo.,
it is unlawful for any person to possess or have under his/her control
a controlled substance as defined by Section 195.010, RSMo.
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.
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.
[Ord. No. 2529 §2, 5-21-2012]
A. It
shall be unlawful for any person under the age of twenty-one (21)
years to purchase or attempt to purchase, or to possess any intoxicating
liquor as defined in Section 311.020, RSMo., or to be visibly in an
intoxicated condition as defined in Section 577.001, RSMo., or have
a detectable blood alcohol content of more than two-hundredths of
one percent (.02%) or more by weight of alcohol in such person's blood.
B. For
purposes of determining violations of any provision of this Section,
a manufacturer-sealed container describing that there is intoxicating
liquor therein need not be opened or the contents therein tested to
verify that there is intoxicating liquor in such container. The alleged
violator may allege that there was not intoxicating liquor in such
container, but the burden of proof of such allegation is on such person,
as it shall be presumed that such a sealed container describing that
there is intoxicating liquor therein contains intoxicating liquor.
C. Any
person under the age of twenty-one (21) years who purchases or attempts
to purchase, or has in his or her possession, any intoxicating liquor,
or who is visibly in an intoxicated condition as defined in Section
577.001, RSMo., shall be deemed to have given consent to a chemical
test or tests of the person's breath, blood, saliva, or urine for
the purpose of determining the alcohol or drug content of the person's
blood, as specified in Section 311.325, RSMo.
D. The
provisions of this Section shall not apply to a student who:
1. Is eighteen (18) years of age or older;
2. Is enrolled in an accredited college or university and is a student
in a culinary course;
3. Is required to taste, but not consume or imbibe, any beer, ale, porter,
wine, or other similar malt or fermented beverage as part of the required
curriculum; and
4. Tastes a beverage under Subdivision (3) of this Subsection only for
instructional purposes during classes that are part of the curriculum
of the accredited college or university.
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The beverage must at all times remain in the possession and
control of an authorized instructor of the college or university,
who must be twenty-one (21) years of age or older. Nothing in this
Section may be construed to allow a student under the age of twenty-one
(21) to receive any beer, ale, porter, wine, or other similar malt
or fermented beverage unless the beverage is delivered as part of
the student's required curriculum and the beverage is used only for
instructional purposes during classes conducted as part of the curriculum.
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[Ord. No. 2530 §2, 5-21-2012]
A. Purpose And Findings. The Board of Aldermen of the City
of St. Robert has found and determined that unsupervised gatherings
where alcoholic beverages or controlled substances are in the possession
of, consumed by, or delivered to persons under the age of twenty-one
(21) years constitute a potential hazard to the health, safety and
welfare of those in attendance at such gatherings and for others.
B. Definitions. The following definitions shall apply to the
provisions of this Section:
ALCOHOLIC BEVERAGES
Any beverage consisting of intoxicating, malt liquor or non-intoxicating
beer as those terms are defined in Section 311.020, RSMo.
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor defined or described
as such in Section 195.010, RSMo., as same may be amended.
MINOR
Any person under the age of twenty-one (21) years.
PARENT
A natural or adoptive parent, or a guardian, or the adult
designee of either of them.
PRACTITIONER
Any duly licensed medical professional or other person, as
defined or described in Section 195.010, RSMo., as same may be amended.
C. Use Of Premises For Consumption Of Alcoholic Beverages Or Controlled
Substances. It shall be unlawful for any person to knowingly
or negligently permit, on or in a premises under his/her control,
the consumption of alcoholic beverages or controlled substances by
a minor; provided that this shall not apply to the following:
1. The delivery of alcoholic beverages to a minor or the consumption
of alcoholic beverages by a minor in connection with the performance
of any bona fide religious service under the supervision of an adult,
with the consent of the person in control of the premises.
2. The delivery of an alcoholic beverage to a minor over the age of
fourteen (14), by that minor's parent, and under the direct supervision
of the parent, and provided that the minor does not become intoxicated
from such consumption.
3. The possession or consumption of, or the delivery to a minor, a controlled
substance prescribed for that minor by a practitioner, when such delivery
is by that minor's parent or by that person in control of the premises
provided that such person has obtained the prior consent of that minor's
parent.
D. Duty To Supervise. It shall be unlawful for any person in
control of a premises to leave such premises, whether or not such
premises are currently occupied by minors residing at such premises,
1. When it is reasonably foreseeable that such premises may be used
for a gathering at which alcoholic beverages or controlled substances
may be in possession of or consumed by minors; and
2. When such premises are in fact used for a gathering at which alcoholic
beverages or controlled substances are in the possession of or consumed
by minors.
E. Rental Of Premises. It shall be unlawful for any owner, or agent or employee thereof, to rent any premises to a minor or to an adult when it is reasonably foreseeable that such adult will leave such premises and that such premises may be used for a gathering at which alcoholic beverages or controlled substances may be in possession of or consumed by minors, except as hereinabove provided in Subsection
(C).
F. Duty To Disperse. Any person in control of a premises at
which alcoholic beverages or controlled substances are in the possession
of or are being consumed by minors shall cause all persons in or on
said premises who are not lawful residents thereof to disperse not
more than fifteen (15) minutes after personally receiving an order
to do so by a Police Officer.