City of Buckner, MO Article XI Offenses Concerning Drugs

Section 210.1800 Possession of Marijuana or Synthetic Cannabinoid. [1]

[Ord. No. 1077, 1-5-2023]

A person over the age of twenty-one (21) commits the offense of possession of marijuana when that person knowingly possesses marijuana in an amount greater than three (3) ounces of dried, processed marijuana. A person under the age of twenty-one (21) commits the offense of possession of marijuana when that person knowingly possess marijuana in any amount.[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.

Section 210.1810 Possession of a Controlled Substance. [1]

A person commits the offense of 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., or Chapter 195, RSMo.[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.

Section 210.1820 Limitations on the Retail Sale of Methamphetamine Precursor Drugs.

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 569.060, RSMo.

Section 210.1830 Unlawful Possession of Drug Paraphernalia. [1]

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.

Section 210.1840 Inhalation or Inducing Others To Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

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.

Section 210.1850 Inducing, or Possession With Intent To Induce, Symptoms by Use of Solvents and Other Substances, Prohibited.

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 210.1840 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.

Section 210.1860 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.1840 to 210.1850 — Penalty. [1]

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.

Section 210.1870 (Reserved) [1]

[1] Editor's Note: This Section previously pertained to containers for controlled substances. The authorizing statute, former RSMo. §195.110, was repealed without replacement by SB 491 in the 2014 Legislative Session, effective 1-1-2017.

Section 210.1880 Possession of Imitation Controlled Substances.

[Ord. No. 1116 §1, 6-16-2011]

A. Possession Or Sale Of Synthetic Cannabinoids And MDPV Prohibited.

1. It shall be unlawful for any person to sell, give away, manufacture, use, possess or constructively possess for any purpose whatever any imitation controlled substance.

2. Definitions. As used in this Section, the following terms shall have the meanings indicated:

MDPV

(1) Any substance containing 3.4-Methylenedioxyprovalerone; Methylone; Mephedrone; 4-methoxymethcathinone; 4-Fluoromethcathinone; or 3-Fluoromethcathinone; regardless of whether the substance is marketed as bath salts or otherwise.

(2) 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

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," "K3" or any blend thereof which includes any one (1) or more of the following chemicals, regardless of whether the substance is marketed for the purpose of being smoked:

(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-dimethy 1-3-(2-methyloctan-2-yl)-6a, 7,10, 10a-tetrahydrobenzo [c]chromen-1-ol)(also known as HY-211 or Dexanabinol);

(3) 1-Pentyl-3-(l-naphthoyl)indole (also known as Jwh-018); or

(4) Butyl-3-(1-naphthoyl)indole (also known as JWH-073).

3. 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.

4. Possession Unlawful. It is unlawful for any person to knowingly possess any product containing MDPV or a synthetic cannabinoid.

B. Violations And Penalties. Any person violating any of the provisions of this Section shall be deemed guilty of an ordinance violation and upon conviction thereof may be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned for a period not exceeding six (6) months or be so fined and imprisoned. Each incident such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

Section 210.1890 Distribution, Delivery, Manufacture of Production of Controlled Substances.

[Ord. No. 1036 §1, 12-16-2010]

A. It is unlawful for any person to distribute, deliver, manufacture, produce or attempt to distribute, deliver, manufacture or produce a controlled substance or to possess with intent to distribute, deliver, manufacture, or produce a controlled substance.

B. Person found guilty of violation of this Section shall be punished by a fine not to exceed five hundred ($500.00) or imprisonment of not more than ninety (90) days or by both said fine and imprisonment.

Section 210.1900 through Section 210.1960. (Reserved)