The following words and phrases as used in the Desloge City
Code, unless the context otherwise requires, shall mean:
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.
A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance in Schedule
I or II and:
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
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.
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.
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.
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]
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]
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 2020.01, 1-13-2020]
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]
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]
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]
Cancer;
Epilepsy;
Glaucoma;
Intractable migraines unresponsive to other treatment;
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;
Debilitating psychiatric disorders, including, but not limited
to, post-traumatic stress disorder, if diagnosed by a State licensed
psychiatrist;
Human immunodeficiency virus or acquired immune deficiency syndrome;
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;
Any terminal illness; or
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.
With respect to Marijuana, means a Missouri resident diagnosed
with at least one (1) qualifying medical condition.
[Ord. No. 2020.01, 1-13-2020]
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.
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.
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.
[1]
Editor's Note: Ord. No. 2020.01 also changed the title of
this Section from "Excepted Substances — Prescription or Dispensing
— Limitation on Amount of Supply — May Be Increased By
Physician, Procedure" to "Excepted Substances — Prescription
or Dispensing — Limitation on Amount of Supply — May Be
Increased By Physician — Exceptions for Medical Marijuana."
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.
[1]
Editor's Note: Former Section 220.1825, Offenses Related to Medical Marijuana, was repealed 11-13-2023 by Ord. No. 2023.22. Prior history includes: Ord. No. 2020.01. See now Section 220.1810(C); Section 220.1830; Section 220.1870(C); and Section 220.1885.
[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.
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.
G.
Delivery
Of Marijuana Accessories To Persons Under Twenty-One (21) Years Of
Age Prohibited.
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.
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 220.1840 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.
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.
[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.
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.
General Policy. The Board of Aldermen of the City has found
the manufacture, transportation, possession and sale of methamphetamine
to be inherently dangerous and that the chemical precursors of methamphetamine
and the by-products and wastes of methamphetamine production are inherently
dangerous and injurious to the public health, safety and welfare of
the citizens of the City. Regulation of the sale of the chemical precursors
to methamphetamine production, such as ephedrine products and pseudoephedrine
products, is necessary to protect the citizens of the City.
B.
EPHEDRINE
PSEUDOEPHEDRINE
METHAMPHETAMINE PRECURSOR DRUG
PERSON
SELL
Definitions. For the purposes of this Article, the following
words and phrases shall have the meanings respectively ascribed to
them by this Section:
All forms of ephedrine, ephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine precursor drug containing
these chemicals.
All forms of pseudoephedrine, pseudoephedrine hydrochloride
and all combinations of these chemicals and any methamphetamine precursor
drug containing these chemicals.
Any drug or substance as described in Section 195.246, RSMo.,
or Section 195.248, RSMo.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender, or supply, whether for monetary gain or not.
C.
Prohibition Of Sale Of Methamphetamine Precursor Drugs. It
shall be illegal for any person to sell, deliver or distribute ephedrine,
pseudoephedrine or any other methamphetamine precursor drugs except
as set forth in the specific exceptions contained in this Article.
D.
Exceptions.
1.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs
may be sold by a Missouri licensed pharmacist after being authorized
to do so by a written prescription from a physician or other health
care professional licensed by the State of Missouri to write prescriptions.
2.
Ephedrine, pseudoephedrine or other methamphetamine precursor drugs
may be distributed by a licensed physician within the physician's
office, clinic, nursing home or other licensed health care facility.
3.
This Section regulating ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall not apply to the sale of animal feed containing
ephedrine or dietary supplement products containing naturally occurring
or herbal ephedra or extracts of herbal ephedra.
E.
Prima Facie Evidence. It shall be prima facie proof that
a substance is regulated by this Section if the substance is contained
in its original packaging and is labeled as being ephedrine, pseudoephedrine
or other methamphetamine precursor drugs.
F.
Reporting Theft Of Methamphetamine Precursor Drugs.
1.
All thefts, shortages, disappearances, miscounts or other losses
of ephedrine, pseudoephedrine or other methamphetamine precursor drugs
shall be reported to the Police Department of the City within twenty-four
(24) hours of discovery.
2.
Any person selling ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall report any difference between the quantity of
the aforementioned drugs shipped and the quantity received to the
Police Department of the City within twenty-four (24) hours of discovery.
G.
Injunctive Relief. The City may seek injunctive relief against
any person who is in violation of this Section.
