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. 412 §1, 7-12-2005]
A. No
person shall deliver in any single over-the-counter sale more than:
1. Two (2) packages or any number of packages that contain a combined
total of no more than six (6) grams of any drug containing a sole
active ingredient of ephedrine, pseudoephedrine, phenylpropanolamine
or any of their salts, optical isomers or salts of optical isomers;
or
2. Three (3) packages of any combination drug containing, as one (1)
of its active ingredients, ephedrine, pseudoephedrine, phenylpropanolamine
or any of their salts, optical isomers or salts of optical isomers,
or any number of packages of said combination drug that contain a
combined total of no more than nine (9) grams of ephedrine, pseudoephedrine,
phenylpropanolamine or any of their salts, optical isomers or salts
of optical isomers.
B. All
packages of any drug having a sole active ingredient of ephedrine,
pseudoephedrine, phenylpropanolamine or any of their salts, optical
isomers or salts of optical isomers shall be displayed and offered
for sale only behind a checkout counter where the public is not permitted
or within ten (10) feet and an unobstructed view of an attended checkout
counter. This Subsection shall not apply to any retailer utilizing
an electronic anti-theft system that utilizes a product tag and detection
alarm which specifically prevents the theft of such drugs from the
place of business where such drugs are sold.
C. This
Section shall supersede any municipal ordinances or regulations passed
on or after December 23, 2002, to the extent that such ordinances
or regulations are more restrictive than the provisions of this Section.
This Section shall not apply to any product labeled pursuant to Federal
regulation for use only in children under twelve (12) years of age
or to any products that the State Department of Health and Senior
Services, upon application of a manufacturer, exempts by rule from
this Section because the product has been formulated in such a way
as to effectively prevent the conversion of the active ingredient
into methamphetamine or its salts or precursors or to the sale of
any animal feed products containing ephedrine or any naturally occurring
or herbal ephedra or extract of ephedra.
D. Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection
(A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
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.