[Ord. No. 1925, 8-1-2018]
A. A person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance, except as
authorized by Chapter 579, RSMo., or Chapter 195, RSMo.
B. A person commits the offense of unlawful sale, distribution, or purchase
of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
nine (9) grams to the same individual within a thirty-day period,
unless the amount is dispensed, sold, or distributed pursuant to a
valid prescription; or
2.
Purchases, receives, or otherwise acquires within a thirty-day
period any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than nine (9) grams, without regard to the
number of transactions, unless the amount is purchased, received,
or acquired pursuant to a valid prescription; or
3.
Purchases, receives, or otherwise acquires within a twenty-four-hour
period any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than three and six-tenths grams, without regard
to the number of transactions, unless the amount is purchased, received,
or acquired pursuant to a valid prescription; or
4.
Dispenses or offers drug products that are not excluded from
Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., and that
contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts, optical isomers, or salts of optical isomers,
without ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such products are
dispensed by a registered pharmacist or pharmacy technician under
Subsection 11 of Section 195.017, RSMo.; or
5.
Holds a retail sales license issued under Chapter 144, RSMo.,
and knowingly sells or dispenses packages that do not conform to the
packaging requirements of Section 195.418, RSMo.
C. A pharmacist, intern pharmacist, or registered pharmacy technician
commits the offense of unlawful sale, distribution, or purchase of
over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, in a total amount greater
than three and six-tenths grams to the same individual within a twenty-four-hour
period, unless the amount is dispensed, sold, or distributed pursuant
to a valid prescription; or
2.
Fails to submit information under Subsection 13 of Section 195.017,
RSMo., and Subsection 5 of Section 195.417, RSMo., about the sales
of any compound, mixture, or preparation of products containing detectable
amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts, optical isomers, or salts of optical isomers,
in accordance with transmission methods and frequency established
by the Department of Health and Senior Services; or
3.
Fails to implement and maintain an electronic log, as required
by Subsection 12 of Section 195.017, RSMo., of each transaction involving
any detectable quantity of pseudoephedrine, its salts, isomers, or
salts of optical isomers or ephedrine, its salts, optical isomers,
or salts of optical isomers; or
4.
Sells, distributes, dispenses or otherwise provides to an individual
under eighteen (18) years of age without a valid prescription any
number of packages of any drug product containing any detectable quantity
of pseudoephedrine, its salts, isomers, or salts of optical isomers,
or ephedrine, its salts or optical isomers, or salts of optical isomers.
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 this Article,
Chapter 195, RSMo., or Chapter 579, RSMo.
A person commits the offense of possession of an imitation controlled
substance if he or she knowingly possesses an imitation controlled
substance.