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 marijuana as defined in Section 195.010, RSMo.
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 Section 195.010, RSMo.
[Ord. No. 1284 §2, 8-6-2012]
A. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Subsection:
EPHEDRINE All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals; and shall include any drug or food product containing ephedrine, its salts, optical isomers and salts of optical isomers or pseudoephedrine, its salts, optical isomers and salts or optical isomers designed or marketed for stimulation, mental alertness, weight loss, appetite control, energy, cold or allergy relief or other indications not approved pursuant to the pertinent Federal over-the-counter drug final monograph or tentative final monograph or approved new drug application.
PERSON Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.
PSEUDOEPHEDRINE All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.
SELL To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.
B. Prohibition On The Sale Of Methamphetamine Precursor Drugs. It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this Section.
C. Exceptions. The prohibition as set forth above in Subsection
(B) shall not apply in the following circumstances:
1. Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other health care professional licensed by the State of Missouri to write prescriptions and filled by a Missouri licensed pharmacist.
2. Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by an authorized licensed physician within the physician's office, clinic, nursing home or other licensed health care facility.
3. This section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.
D. Prima Facie Evidence. It shall be prima facie proof that a substance is regulated by this Section if the substance is contained in its original packaging and is labeled as containing ephedrine, pseudoephedrine or other methamphetamine precursor drugs.
E. Reporting Theft Or Shortages Of Methamphetamine Precursor Drugs.
1. All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the Police Department of the City of Pevely within twenty-four (24) hours of discovery.
2. Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the Police Department of the City of Pevely within twenty-four (24) hours of discovery.
F. Injunctive Relief. The City and its employees, representatives or agents may seek injunctive relief against any person who is in violation of this Section.
G. Penalty. Violations of this Section shall constitute a misdemeanor per offense, punishable by imprisonment of not more than one hundred eighty (180) days in jail, a fine not exceeding five hundred dollars ($500.00), or both by imprisonment and fine.
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., 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 Section 195.010, RSMo., or an imitation controlled substance as defined by Section 195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.
No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, 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. 1255 §1, 5-2-2011; Ord. No. 1283 §§1 — 2, 6-4-2012]
A. It is unlawful for any person, corporation, organization or other entity, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person, corporation, organization, or other entity, any product containing 3.4 Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4- Methoxymetheathinone, 4- Fluoromethcathinone, 3 Fluoro- methcathinone, 1-Pentyl-3-(1-Naphthoyl)indole (JWH-200), 1-Butyl-3-(Naphthoyl)indole (JWH-073), 1-[2-(4-Morpholinyl)ethyl]-3-(1-Naphthoy)indole (JWH-200), 5-(,1-Dim- ethyl-hepty1)-2-[(1R, 3S)-3-Hydroxycyclohexyl]-phenol (CP-47, 497) and 5-(1, 1-Dimethyloctyl)-2-[(1R,3s)-3-Hydroxycylohexyl]-phenol (Cannabicyclohexanol;CP-47, 497 C8 Homologue) and 3 Synthetic cathinones; ("MDPV") or to display for sale or possess with an intent to distribute said substance(s) or products containing same.
B. It is unlawful to use or possess with the intent to use MDPV or otherwise introduce into the human body any products containing any of the substances identified in Subsection
(A) of this Section
210.571.
C. Any person who violates any provision of this Section
210.571 is guilty of an ordinance violation, punishable pursuant to Section
100.220 of this Code.