A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article
XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.
[R.O. 1997 §215.565; Ord. No. 1692 §1, 7-9-2012]
A.
Definitions. For the purpose of this Section, the terms
are defined as follows:
ILLEGAL SMOKING PRODUCT
Any substance, whether described as K2, K3, tobacco, herbs,
incense, spice, or any blend thereof, regardless of whether the substance
is marked for the purpose of being smoked, which includes any one
(1) or more of the following chemicals:
1.
2-[(1R,38)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-y1)phenol
and homologues;
2.
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydroben
zo[c]chromen-1-ol) (also known as "HU-211" or "Dexanabinol");
3.
(1-(1,3-benzodioxol-5-y1)-2-(1-pyrrolidiny1)-1-pentanone, commonly
known as "bath salts";
4.
4-methyl-alpha-pyrrolidinobutiophenone, or MPBP (Sections 195.010
and 195.017, RSMo.);
5.
Synthetic cannabinoids which include any natural or synthetic
material, compound, mixture, or preparation that contains any quantity
of a substance that is a cannabinoid receptor agonist including, but
not limited to, the synthetic cannabinoids specifically listed in
Section 195.017, RSMo., and any analogues, homologues, isomers, esters,
ethers, and salts. These include the compounds commonly found in K3.
However, synthetic cannabinoids will not include any approved pharmaceutical
authorized by the United States Food and Drug Administration;
6.
Any product containing a synthetic cannabinoid, stimulant or
psychedelic/hallucinogen as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed
on Exhibit "A," which is on file in the City offices and incorporated
herein;
7.
Any synthetic cannabinoid, including a laboratory-created compound
that functions similar to the active ingredient in marijuana, tetrahydrocannabinol
(THC), including, but not limited to, raw quantity of a natural or
synthetic material, compound, mixture, preparation, substance and
their analog (including isomers, esters, ethers, salts, and salts
of isomers) containing a cannabinoid receptor agonist, such as:
a.
J1WH-007 (1-penty 1-2-methyl-3-(1-naphthoyl)indole)
b.
7W11-015 ((2-Methyl-l-propy1-1H-indol-3-y1)-1-napthalenylmethanone)
c.
JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
d.
JWH-019 (1-hexy 1-3-(naphthalen-l-oyl)indole)
e.
JWH-073 (naphthalen-l-y1-(1-butylindol-3-yl)methanone)
f.
JWH-073 (1-buty1-3(1-naphthoyl)indole)
g.
JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindo1-3-yl)methanone).
h.
JWH-098 (4-methoxynaphthalen-l-y1-(1-penty1-2-methylindol-3-yl)meth-
anone).
i.
JWH-122 (1-penty1-3-(4-methyl-1-naphthoyl)indole).
j.
JWH-164 (7-methoxynaphthalen-l-y1-(1-pentylindol-3-yl)methanone).
k.
JWH-200 (1-(2-morpholin-4-ylethyl)indo1-3-y1)-naphthalen-1-ylmethanone).
l.
JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)methanone).
m.
JWH-210 (4-ethylnaphthalen-1-y1-(1-pentylindol-3-yl)methanone).
n.
JWH-250 (1-penty1-3-(2-methoxyphenylacetyl)indole).
o.
JWH-251 (1-penty1-3-(2-methylphenylacetyl)indole).
p.
JWH-398 (1-penty1-3-(4-chloro-1-naphthoyl)indole).
q.
HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol).
s.
HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethy1-4-bicyclo
[3.1.1]hept-3-enyl]methanol).
t.
HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-l-y1]5-penty1-2,5-cyclohexadiene-1,4-dione).
u.
CP55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-y1)phenol).
v.
CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2y1)phenol)
and its homologues.
w.
WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-mopholinylmethyl)
pyrrolo[1,2,3-de)-1,4-benzoxazin-6-y1]-1-nepthalenymethanone).
x.
RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone).
y.
RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-y1)-2-(2-methoxyphenyl)
etha- none).
8.
Any compound that mimics the effects of any Federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic
material, compound, mixture, preparation, substance and their analog
(including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such
as:
b.
4-Fluoromethcathinone (other name: flephedrone).
c.
3,4-Methylenedioxymethcathinone (other name: methylone, MDMC).
d.
3,4-Methylenedioxyprovalerone, methylenedioxyprovalerone (other
name: MDPV).
e.
4-Methylmethcathinon, 4-methylmethcathinone (other names: mephedrone,
4-MMC).
f.
4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC).
g.
4-Ethylmethcathinone (other name: 4-EMC).
i.
Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone,
bk-MBDB).
j.
Napthylpyrovalerone (other names: naphyrone, NRG-I).
k.
N,N-dimethylcathinone (other name: metamfepramone).
l.
Alpha-pyrrolidinopropiophenone (other names: alpha-PPP).
m.
4-methoxy-aipha-pyrrolidinopropiophenone (other name: MOPPP).
n.
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name:
MDPPP).
o.
Alpha-pyrrolidinovalerophenone (other name: alpha-P VP).
p.
6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxa1-6-amine) (other name:
MDAI).
q.
Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone
by modification or substitution in any of the following ways:
(1)
In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalky, or halide substituents, whether or not further substituted
in the phenyl ring by one (1) or more other univalent substituents;
(2)
At the 3-position with an alkyl substituent;
(3)
At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl
groups;
(4)
Or by inclusion of the nitrogen atom in a cyclic structure.
9.
Any compound that mimics the effects of any Federally controlled
Schedule I substance, including, but not limited to, any quantity
of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, esters, ethers
and salts of isomers) containing substances which have a psychedelic/hallucinogenic
effect on the central nervous system and/or brain, such as:
a.
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine(2C-E);
b.
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
c.
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
d.
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
e.
2-(4-(Ethylthio)-2,5-dimethoxypheny)ethnamine (2C-T-2);
f.
2-(4-(Isopmpylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
g.
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
h.
2-(2,5- Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
i.
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
PERSON
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
B. It shall be unlawful for any person within the City of Cassville
to distribute, deliver, sell, offer for sale, publicly display for
sale, or attempt to distribute, deliver or sell any illegal smoking
product.
C. It shall be unlawful for any person to knowingly possess or have
under his or her control any illegal smoking product.
D. Any person who violates the provisions of this Section shall be punished
by a fine of not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00) or imprisonment for not more than ninety
(90) days, or by both such fine and imprisonment.
A person commits the offense of possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses a controlled substance, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article
XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.
Except and only to the extent as authorized by Article
XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, 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 Chapter 579, RSMo., or Chapter 195, RSMo.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl
nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their
iso-analogues 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.
[R.O. 1997 §342.040; Ord. No. 1400 §1, 3-3-2003]
A. Definitions. As used in this Section, the following
terms shall have the following definitions:
ADULT
A person seventeen (17) years of age or older.
ALCOHOLIC BEVERAGE
Any alcoholic liquor as defined now and hereinafter by Section
311.020, RSMo.
CONTROL
Any form of authority, regulation, responsibility or dominion,
including a possessor's right.
DRUG
A controlled substance as defined and described now and hereafter
by Sections 195.005 to 195.425, RSMo.
MINOR
A person legally prohibited by reason of age to possess,
consume or purchase alcoholic liquor as described now or hereafter
by the Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering at a residence or premises of persons
in addition to the owner of those with rights to possession of their
immediate family members.
RESIDENCE or PREMISES
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of a dwelling unit or
a hall, meeting room or other place of assembly, whether occupied
as a dwelling or specifically for social functions and whether owned,
leased, rented or used with or without permission.
B. Prohibited Activities. No adult who owns, rents
or subleases any residence or premises shall allow an open house party
to take place at the residence or premises if any alcoholic beverages
or drugs are possessed or consumed at the residence or premises by
a minor where the adult knows or reasonably should have known that
any alcoholic beverage or drug was in the possession or being consumed
by a minor at the residence or premises and where the adult failed
to take reasonable steps to prevent the possession or consumption
of the alcoholic beverage or drug at the residence or premises. These
provisions shall not apply to:
1.
The consumption, use or possession of a drug by a minor pursuant
to a lawful prescription for such drug.
3.
The possession by a minor of alcoholic beverage or lawfully
prescribed drugs incidental to the lawful employment of such minor.
C. Penalty. Any person violating any provision of this
Section shall be guilty of an ordinance violation and, upon conviction
thereof, shall be punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.