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.