The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Shall mean and include the following:
CONTROLLED SUBSTANCESAs defined and enumerated in RSMo. Ch. 195.
MARIJUANAAll 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 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.
As defined by the laws of the State of Missouri in Chapter
195 RSMo., Annotated.
Violation. It is unlawful for any person to
possess or have under his control thirty-five (35) grams or less of
marijuana or five (5) grams or less of hashish.
No person shall possess any apparatus, device or instrument
for the unauthorized use of any controlled substance, except as authorized,
as hereinafter provided.
A.
Excepted
from here are any acts done by any:
1.
Wholesaler, ultimate user, practitioner, laboratory, hospital, or
apothecary, as defined herein; provided that such wholesaler, practitioner,
laboratory, hospital or apothecary is duly licensed with Federal or
State license or certificate to do such act, in force and effect at
the time;
2.
Any act done by an officer or employee of the appropriate enforcement
agency of Federal, State or local governments pursuant to their duties
in enforcing the laws of the United States, the State of Missouri
or the provisions of this Article;
3.
Carriers and warehousemen lawfully licensed by the appropriate governmental
agency to carry, warehouse, handle or distribute controlled substances
or drugs;
4.
Persons using controlled substances or drugs, as above defined, upon
the written prescription or personal dispensation by a practitioner
authorized by law to issue such prescription or dispensation to such
persons for such medical purposes.
A.
Any
controlled substance or any apparatus, device or instrument, or raw
material for the administration, use, production or manufacture of
any controlled substance as defined herein, which have come into the
custody of a Peace Officer of the City of Albany, the lawful possession
of which is not established or lawful title thereto ascertained, in
the manner prescribed by the laws of Missouri, shall be forfeited
and disposed of as follows:
1.
The Court having jurisdiction of offenses charged under this Article,
shall order such controlled substances, apparatus, device or instrument
forfeited and destroyed, with a record of the place where such substance,
apparatus, device or instrument was seized;
2.
The kind and quantities of such substances, apparatus, device or
instrument so destroyed; and
3.
The time, place and manner of such destruction shall be kept and
returned to the Court, under oath, by the officer or officers acting
pursuant to such order, which record shall be open to inspection by
all Federal and State Officials charged with enforcement of Federal
and State narcotic or controlled substance laws; provided however,
that the Court may, in the alternative, upon proper application, deliver
such drugs or substances, apparatus, instruments or devices, except
herein, and its salts and derivatives, to the Division of Health of
the State of Missouri to be disposed of or destroyed by said Division
of Health in the manner provided for by the laws of Missouri; and
provided further, that a true copy of all such reports made to the
Court, under oath, shall be provided to the United States Commissioner
of Narcotics by such officer who destroys such controlled substances,
drugs, apparatus, device or instrument.
[Ord. No. 09-16 §§1 —
4, 3-16-2010]
A.
ILLEGAL SMOKING PRODUCT
1.
2.
3.
4.
PERSON
Definitions. As
used in this Section, the following terms shall have these prescribed
meanings:
Any substance, whether described as tobacco, herbs, incense,
spice or any blend thereof, which includes any one (1) or more of
the following chemicals:
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol
(also known as CP47,497) and homologues;
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,7,10,10a-etrahydroben-zo[c]chromen-1-ol)
(also known as HU-211 or Dexanabinol);
1-Pentyl-3-(1-naphthoyl)indole (also known as JWH-018); or
Butyl-3-(1-naphthoyl)indole (also known as JWH-073);
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regardless of whether the substance is marketed for the purpose
of being smoked.
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An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
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.
C.
Possession Unlawful. It is unlawful for any person to knowingly
possess any illegal smoking product.
