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.
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. 544 § 1, 4-30-2012]
A. Definitions. As used in this Section, the following
words and/or phrases shall have the meanings as set forth herein:
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all combinations
of these chemicals.
EPHEDRINE PRODUCT
Any product that contains ephedrine, its salts, isomers or
salts of isomers as its sole active ingredient or in combination with
less than therapeutically significant quantities of other active ingredients.
PACKAGE
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
PERSON
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
SELL
To knowingly furnish, give away, exchange, transfer, deliver,
surrender or supply whether for monetary gain or not.
B. Restrictions On Public Access To Ephedrine Products. It shall be unlawful for any person to sell, deliver, or distribute
ephedrine or any ephedrine product without a valid prescription written
by a licensed physician or other healthcare professional licensed
to write prescriptions and filled by a Missouri-licensed pharmacist.
C. Exception. The prohibition contained in Subsection
(B) shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal Ephedra and extract of Ephedra.
D. Reporting Theft Of Ephedrine Products.
1.
Any person who sells ephedrine products and who discovers a
theft, disappearance or other loss of an ephedrine product shall report
the theft, disappearance or loss in writing to the Steele Police Department
within twenty-four (24) hours of such a discovery.
2.
Any person who sells ephedrine products shall report to the
Steele Police Department any difference between the quantity of ephedrine
products shipped and the quantity of ephedrine products received within
three (3) calendar days of discovery.
E. Penalty And Injunctive Relief.
1.
Each violation of this Section shall be considered a separate
offense.
2.
The Mayor may institute an action for injunctive relief to enforce
the provisions of this Section.
3.
Every act or omission constituting a violation of any of the
provisions of this Section by any agent or employee of any person
shall be deemed and held to be the act of such person, and said person
shall be punishable in the same manner as if said act or omission
had been done or omitted by him or it personally, provided such act
or omission was within the scope of employment or the scope of authority
of such agent or employee.
4.
Each violation shall be punishable by a fine not to exceed five
hundred dollars ($500.00) or a jail sentence not to exceed ninety
(90) days or by both such fine and imprisonment.