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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
Code
New Laws (1) Index Notes (8)
[R.O. 1991 § 205.1800; Ord. No. 2959-16, 12-20-2016; Ord. No. 3054-20, 1-21-2020; Ord. No. 3174-23, 2-21-2023]
A person commits the offense of use of, consumption of or 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 as authorized by Chapter 579, RSMo., Chapter 195, RSMo., Mo. Const. Art. XIV, or this Chapter.[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.
[Ord. No. 3054-20, 1-21-2020]
For the purpose of this Chapter, "marijuana," "marihuana," "marijuana-infused products," "medical marijuana," "medical marijuana facility," "qualifying patient," "primary caregiver" and "public place" shall have the definitions set forth in Article XIV of the Missouri Constitution, State regulations relevant thereto and otherwise in this Chapter.
[Ord. No. 3054-20, 1-21-2020]
A. 
No person, including a qualifying patient, shall be allowed to consume marijuana, marihuana, marijuana-infused products, or medical marijuana, in a public place.
B. 
"Public place" shall mean any public or private property, or portion of public or private property, that is open to the general public, including but not limited to, sidewalks, streets, bridges, parks, schools, and businesses.
C. 
For purposes of designating a non-public place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the qualifying patient's physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient's use of medical marijuana in that space.
[Ord. No. 3054-20, 1-21-2020]
A. 
Legal Possession Of Marijuana. No person shall possess or have under his/her control any amount of marijuana, except the following:
1. 
A qualifying patient for their own personal use, in an amount no greater than Missouri law allows; or
2. 
A primary caregiver for a qualifying patient(s), but only when transporting medical marijuana to a qualifying patient or when accompanying a qualifying patient(s); or
3. 
An owner or employee of a State-licensed medical marijuana facility while on the premises of said facility, or when transporting to a qualifying patient's or primary caregiver's residence or another State-licensed medical marijuana facility.
[Ord. No. 3054-20, 1-21-2020]
A. 
Failure To Produce Medical Marijuana Identification Card. Any person in possession of medical marijuana shall, immediately upon request of any Law Enforcement Officer, produce a valid identification card issued by the Missouri Department of Health and Senior Services, or its successor, authorizing them, as a qualifying patient or primary caregiver, or employee of a licensed medical marijuana facility, to access medical marijuana as provided by Missouri law. Any person who fails to produce such identification card shall be guilty of violating this Section.
[R.O. 1991 § 205.1810; Ord. No. 2959-16, 12-20-2016; Ord. No. 3054-20, 1-21-2020; Ord. No. 3174-23, 2-21-2023]
A person commits the offense of use of, consumption of or possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses a controlled substance, except as authorized by Chapter 579, RSMo., Chapter 195, RSMo., Mo. Const. Art. XIV, or this Chapter.[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.
[R.O. 1991 § 205.1820; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.1825; Ord. No. 2959-16, 12-20-2016]
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 Subsection (B)(1) and (2) 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 Subsection (C)(1) and (3) 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. 
The penalty for a knowing or reckless violation of this Section is found in Section 579.060, RSMo.
[R.O. 1991 § 205.1830; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.1840; Ord. No. 2959-16, 12-20-2016]
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.
[R.O. 1991 § 205.1850; Ord. No. 2959-16, 12-20-2016]
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 205.1840 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.
[R.O. 1991 § 205.1860; Ord. No. 2959-16, 12-20-2016]
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 205.1840 and 205.1850 hereof.
B. 
Any person who violates any provision of Sections 205.1840 through 205.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[R.O. 1991 § 205.1870; Ord. No. 2959-16, 12-20-2016]
A. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
MDPV
Any substance containing:
1. 
3.4-Methylenedioxyprovalerone;
2. 
Methylone;
3. 
Mephedrone;
4. 
4-methoxymethcathinone;
5. 
4-Fluoromethcathinone; or
6. 
3-Fluoromethcathinone;
regardless of whether the substance is marketed as bath salts or otherwise.
MDPV is commonly known by a number of names, including, but not limited to, White Rush, Cloud 9, Ivory Wave, Ocean, Charge, Plus, White Lightening, Scarface, Hurricane Charlie, Red Dove or White Dove.
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
POSSESSED OR POSSESSING
Is defined as a person, with the knowledge of the presence and nature of the synthetic cannabinoid or MDPV, as same terms are defined herein, has actual or constructive possession of a synthetic cannabinoid or MDPV or similar substance on his 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 a synthetic cannabinoid or MDPV, 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 synthetic cannabinoid or MDPV, possession is sole. If two (2) or more persons have possession of the synthetic cannabinoid or MDPV, possession is joint.
SYNTHETIC CANNABINOID
Any substance whether described as tobacco, herbs, incense, "Spice," "K2" or any blend thereof which includes any one (1) or more of the following chemicals:
1. 
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(20methyloctan-2-yl)phenol (also known as "CP47,497") and homologues;
2. 
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol)(also known as "HY-211" or "Dexanabinol");
3. 
1-Pentyl-3-(1-naphthoyl)indole (also known as "JWH-018"); or
4. 
Buty1-3-(1-naphthoyl)indole (also known as "JWH-073");
regardless of whether the substance is marketed for the purpose of being smoked.
B. 
Unlawful To Sell, Offer, Gift Or Display. It shall be unlawful for any person to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person any product containing MDPV or a synthetic cannabinoid or to display for sale or possess with an intent to distribute said products containing MDPV or synthetic cannabinoid.
C. 
Possession Unlawful. It is unlawful for any person to knowingly possess any product containing MDPV or a synthetic cannabinoid.
D. 
Any person convicted of violating this Section shall be subject to a fine to a maximum of five hundred dollars ($500.00) and each day of violation shall constitute a separate offense.
[R.O. 1991 § 205.1880; Ord. No. 2959-16, 12-20-2016]
A. 
Any person who appears to be incapacitated or intoxicated may be taken by a Police Officer to the person's residence, to any available treatment service or to any other appropriate local facility which may, if necessary, include a jail for custody not to exceed twelve (12) hours.
B. 
Pursuant to Section 67.315, RSMo., any Police Officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action as allowed in Subsection (A) above if the officer has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol and he/she does not use unreasonable excessive force to detain such person.
C. 
Such immunity from prosecution includes the officer taking reasonable action to protect himself or herself from harm by the intoxicated or incapacitated person.
[R.O. 1991 § 205.1890; Ord. No. 2959-16, 12-20-2016]
No person shall possess any open container of any alcoholic beverage nor shall any person consume or drink any alcoholic beverage on public property within the City of Smithville, Missouri, including but not limited to any public building, street, alley, sidewalk, public lot, park, recreational facility or public facility, except on specified locations, dates, and times associated with community events subject to specific consideration and approval by the Board of Aldermen. Such consideration and approval shall be submitted to the Board of Aldermen by preparing an application to be provided by the City Clerk, and with such safeguards as the Chief of Police determines as necessary to prevent placing additional burdens on the Police Department.
[R.O. 1991 § 205.1910; Ord. No. 2959-16, 12-20-2016]
A. 
Definitions. As used in this Section, the following terms shall mean:
ALCOHOLIC BEVERAGE
Any alcoholic liquor or beer as defined now or hereafter by the Revised Statutes of Missouri.
CONTROL
Any form of authority, regulation, responsibility or dominion including a possessory right.
MINOR
A person not legally permitted by reason of age to possess, consume or purchase alcoholic liquor as prohibited under the Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering at a residence or premises of persons in addition to the owner or those with rights of possession or their immediate family members.
RESIDENCE
A motel room, hotel room, home, apartment, condominium or other dwelling unit, including the curtilage of a dwelling unit, or a hall meeting room, or other place of assembly, whether occupied as a dwelling or specifically for social functions and whether owned, leased, rented or used with or without compensation.
B. 
Prohibited Activity. No person who is the owner in possession, a tenant or subtenant, or has temporary charge of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or drug is possessed or consumed at the residence or premises by any minor where such person knew or reasonably should have known that any alcoholic beverage or drug was in the possession or being consumed by a minor at the residence or premises and where such person failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug at the residence or premises.
C. 
Exceptions. The provisions of this Section shall not apply to:
1. 
The consumption, use or possession of a drug by a minor pursuant to a lawful prescription for such drug issued for such minor.
2. 
Religious observation or prescribed medical treatments.
3. 
The possession by a minor of alcoholic beverage or lawfully prescribed drug incidental to the lawful employment of such minor.
D. 
Penalty. Any person who violates the terms of this Section shall upon conviction thereof be punished by a fine of no more than five hundred dollars ($500.00) or by imprisonment not to exceed ninety (90) days or both such fine and imprisonment.