[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.
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.
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.
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.
[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.
[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.