[Ord. No. 8549, 2-13-2023]
As used in this Article, the following terms shall mean:
ADMINISTER
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
1.
A practitioner (or, in his/her presence, by his/her authorized
agent); or
2.
The patient or research subject at the direction and in the
presence of the practitioner.
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I
through V listed in Chapter 195, RSMo but not including Marijuana
in an amount of less than six ounces.
DELIVER or DELIVERY
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
DEPRESSANT OR STIMULANT SUBSTANCE.
1.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. Section 352(d);
2.
A drug containing any quantity of:
a.
Amphetamine or any of its isomers;
b.
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
c.
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
d.
Lysergic acid diethylarnide; or
3.
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
DISPENSE
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery. "Dispenser" means a practitioner who dispenses.
DISTRIBUTE
To deliver other than by administering or dispensing a controlled
substance.
DRUG PARAPHERNALIA or PARAPHERNALIA.
1.
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 a controlled substance or an imitation controlled substance
in violation of Sections 195.005 to 195.425, RSMo., but not including
marijuana accessories. It includes, but is not limited to:
a.
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
b.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
c.
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
d.
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness, or purity
of controlled substances or imitation controlled substances;
e.
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
f.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose, and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
g.
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
h.
Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
i.
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
j.
Hypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
k.
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, such as:
(1)
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
(3)
Carburetion tubes and devices;
(4)
Smoking and carburetion masks;
(5)
Roach clips, meaning objects used to hold burning material,
except those for use with marijuana, that has become too small or
too short to be held in the hand;
(6)
Miniature cocaine spoons and cocaine vials;
(14)
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
2.
In determining whether an object, product, substance, or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
a.
Statements by an owner or by anyone in control of the object
concerning its use;
b.
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
c.
The proximity of the object, in time and space, to a direct
violation of this Chapter or Chapter 579, RSMo.;
d.
The proximity of the object to controlled substances or imitation
controlled substances;
e.
The existence of any residue of controlled substances or imitation
controlled substances on the object;
f.
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Chapter or Chapter 579 RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this Chapter or Chapter 579, RSMo., shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
g.
Instructions, oral or written, provided with the object concerning
its use;
h.
Descriptive materials accompanying the object which explain
or depict its use;
i.
National or local advertising concerning its use;
j.
The manner in which the object is displayed for sale;
k.
Whether the owner or anyone in control of the object is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
l.
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
m.
The existence and scope of legitimate uses for the object in
the community;
n.
Expert testimony concerning its use;
o.
The quantity, form, or packaging of the product, substance,
or material in relation to the quantity, form, or packaging associated
with any legitimate use for the product, substance, or material.
HALLUCINOGENIC SUBSTANCES
Include lysergic acid diethylamide, mescaline, psilocybin,
and various types of methoxyamphetarnines.
IMITATION CONTROLLED SUBSTANCE
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size, and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
1.
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration-approved
package, with the Federal Food and Drug Administration-approved labeling
information;
2.
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
3.
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
4.
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
5.
The proximity of the substances to controlled substances;
6.
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance that it is alleged to imitate. Furthermore, an
imitation controlled substance does not include a placebo or registered
investigational drug either of which was manufactured, distributed,
possessed, or delivered in the ordinary course of professional practice
or research;
7.
Stimulants such as amphetamines and methamphetamines;
8.
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
LICENSE or LICENSED
Persons required to obtain annual registration as issued
by the State Division of Health as provided by Section 195.030, RSMo.
MANUFACTURE
The production, preparation, propagation, compounding, or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance by an individual for his/her own use or the preparation,
compounding, packaging, or labeling of a narcotic or dangerous drug:
1.
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
2.
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching,
or chemical analysis and not for sale.
MARIJUANA
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to, Cannabis Sativa L., except
industrial hemp, 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, sale, 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.
MARIJUANA ACCESSORIES
Any equipment, product, material, or a 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.
PERSON
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
PHARMACIST
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Article shall be construed
as conferring on a person who is not registered or licensed as a pharmacist
any authority, right or privilege that is not granted to him/her by
the pharmacy laws of this State.
PRACTITIONER
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
PRESCRIPTION
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name, and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
PRIMARY CAREGIVER
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 the provisions of Article XIV, Section
1, of the Missouri Constitution or in other written notification to
the Missouri Department of Health and Senior Services.
PRODUCTION
Includes the manufacture, planting, cultivation, growing,
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
PUBLIC PLACE
Any property owned or controlled by the City or the State,
any public or private road, and any space in a building open to the
public; provided, however, that the owner of a building may allow
smoking in such a public space provided that all entrances to the
public space are clearly and conspicuously identified with a sign
identifying that public smoking of marijuana is allowed in the space.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined by Article XIV, Section 1, of the Missouri
Constitution.
WAREHOUSEMAN
A person who, in the usual course of business, stores drugs
for others, is lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
WHOLESALER
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he/she himself/herself has
not produced or prepared, on official written orders, but not on prescriptions.
[Ord. No. 8377, 5-24-2021; Ord.
No. 8549, 2-13-2023]
A. Illegal
Possession Of Marijuana.
1. No person may possess more than three (3) ounces of recreational
marijuana, nor more than the amount allowed by the law of medical
marijuana.
2. No person under the age of twenty-one (21) years may possess, use,
ingest, inhale, transport, deliver with or without consideration,
marijuana or marijuana accessories, except that qualified patients
under the age of twenty-one (21) years may possess medical marijuana
or paraphernalia to the extent allowed by law.
B. Illegal
Growing.
1. Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing more than six (6) flowering marijuana
plants, six (6) non-flowering marijuana plants [over fourteen (14)
inches tall], and six (6) clones [plants under fourteen (14) inches
tall]; or
2. Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing marijuana plants without being registered
with the Department of Health and Senior Services for the cultivation
of marijuana plants; or
3. Failing to keep in excess of three (3) ounces of such plants in a
locked space not visible by normal unaided vision from a public place;
or
4. Growing or possessing such plants by a person under the age of twenty-one
(21) years.
C. Sale
To Persons Under Twenty-One (21). No person shall deliver to, transfer
to, or sell to persons twenty-one (21) years of age or older marijuana
or marijuana paraphernalia.
D. Penalties.
1. If the violation of this Section involves three (3) ounces of marijuana
or less, the penalty shall be punishable by a fine not to exceed one
hundred dollars ($100.00).
2. Subject to the limitations of this Section, a person who possesses
not more than twice the amount of marijuana allowed pursuant to this
Subsection, produces not more than twice the amount of marijuana allowed
pursuant to this Subsection, delivers without receiving any consideration
or remuneration to a person who is at least twenty-one (21) years
of age not more than twice the amount of marijuana allowed by this
Subsection, or possesses with intent to deliver not more than twice
the amount of marijuana allowed by this Subsection:
a. For a first violation, is subject to a civil infraction punishable
by a civil penalty not exceeding two hundred fifty dollars ($250.00)
and forfeiture of the marijuana;
b. For a second violation, is subject to a civil infraction punishable
by a civil penalty not exceeding five hundred dollars ($500.00) and
forfeiture of the marijuana;
c. For a third or subsequent violation, is subject to a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000.00)
and forfeiture of the marijuana;
d. A person under twenty-one (21) years of age is subject to a civil
penalty not to exceed two hundred fifty dollars ($250.00). Any such
person shall be provided the option of attending up to eight (8) hours
of drug education or counseling in lieu of the fine; and
e. In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
3. Violations that are not subject to the provisions of Subsections
(D)(1) or
(2) of this Section, shall be punishable by a fine not to exceed five hundred dollars ($500.00) and up to ninety (90) days in jail.
[Ord. No. 8549, 2-13-2023]
Any person who is in possession of medical marijuana, shall,
immediately upon the request of any Law Enforcement Officer, produce
a valid permit issued by the Missouri Department of Health and Senior
Services (or its successor) for such possession, including, but not
limited to, a qualified patient identification card, a qualified caretaker
card, or a similar card issued by another State. Any person who fails
to produce such a permit upon request shall be guilty of the offense
of failure to produce a medical marijuana permit. Conviction of this
offense shall be punishable by a fine not to exceed fifty dollars
($50.00).
[Ord. No. 8549, 2-13-2023]
Except as authorized by Sections 195.005 to 195.425, RSMo.,
it is unlawful for any person to possess or have under his/her control
a controlled substance as defined by this Chapter.
[Ord. No. 8549, 2-13-2023]
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia as defined by this Article 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 as defined by this Chapter, or an imitation
controlled substance as defined by Section 195.010, RSMo., in violation
of Sections 195.005 to 195.425, RSMo.
[Ord. No. 8549, 2-13-2023]
It shall be unlawful for a person to be in possession or consumption
of marijuana or possession of marijuana accessories on the grounds
of a public or private preschool, elementary or secondary school,
institution of higher education, in a school bus, or on the grounds
of any correctional facility.
[Ord. No. 8549, 2-13-2023]
A. Smoking
marijuana in a location where smoking tobacco is prohibited is prohibited.
B. Consumption
of marijuana in a public place, other than in an area authorized by
the City or the Department of Health and Senior Services is prohibited.
C. Restaurants
serving food that contains marijuana must register with the City and
provide notice on all public entrances and on all menus that certain
food contains marijuana.
D. Violation
of this Section shall be punishable by a fine not to exceed one hundred
dollars ($100.00) for the first offense and not more than five hundred
dollars ($500.00) for subsequent offenses, as well as confiscation
of the marijuana.
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.