City of Cassville, MO Article XI Offenses Concerning Drugs and Alcohol [1]

[1] Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.

Section 210.1800 Possession Of Marijuana Or Synthetic Cannabinoid. [1]

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.[2]

[1] Note: Under certain circumstances this offense can be a felony under state law.

[2] State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§ 195.010, 195.017 and 579.015, RSMo.

Section 210.1805 Possession or Sale of Products Containing Synthetic Cannabinoids and Alternative Drugs.

[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).

r. HLJ-211 ((6aS, 10aS)-9-(Hydroxymethyl)-6,6-dimethy1-3-(2-meth-yloctan 2-y1)-6a, 7, 10, 10a-tetrahydrobenzo [c]chromen-1-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:

a. 3-Flouoromethcathinone.

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).

h. Ethcathinone.

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.

Section 210.1810 Possession Of A Controlled Substance. [1]

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.[2]

[1] Note: Under certain circumstances this offense can be a felony under state law.

[2] State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§ 195.010, 195.017 and 579.015, RSMo.

Section 210.1820 Limitations on the Retail Sale of Methamphetamine Precursor Drugs.

A. The retail sale of methamphetamine precursor drugs shall be limited to:

1. Sales in packages containing not more than a total of three (3) grams of one (1) or more methamphetamine precursor drugs calculated in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine base; and

2. For non-liquid products, sales in blister packs, each blister containing not more than two (2) dosage units, or where the use of blister packs is technically infeasible, sales in unit dose packets or pouches.

B. The penalty for a knowing violation of Subsection (A) of this Section is found in Section 579.060, RSMo.

Section 210.1830 Unlawful Possession Of Drug Paraphernalia. [1]

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.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1840 Inhalation or Inducing Others To Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

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.

Section 210.1850 Inducing, or Possession With Intent To Induce, Symptoms by Use of Solvents and Other Substances, Prohibited.

A. As used in this Section, "alcohol beverage vaporizer" means any device which, by means of heat, a vibrating element, or any method, is capable of producing a breathable mixture containing one (1) or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both.

B. No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use or abuse of any of the following substances:

1. Solvents, particularly toluol;

2. Ethyl alcohol;

3. Amyl nitrite and its iso-analogues;

4. Butyl nitrite and its iso-analogues;

5. Cyclohexyl nitrite and its iso-analogues;

6. Ethyl nitrite and its iso-analogues;

7. Pentyl nitrite and its iso-analogues; and

8. Propyl nitrite and its iso-analogues.

C. This Section shall not apply to substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-the-counter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.

D. No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by Section 210.1840 and this Section.

E. No person shall possess or use an alcoholic beverage vaporizer.

F. Nothing in this Section shall be construed to prohibit the legal consumption of intoxicating liquor.

Section 210.1860 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.1840 to 210.1850 — Penalty. [1]

A. No person shall intentionally possess or buy any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of inducing or aiding any other person to violate the provisions of Sections 210.1840 and 210.1850 hereof.

B. Any person who violates any provision of Sections 210.1840 through 210.1860 is guilty of an ordinance violation for the first violation.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1865 Drug Masking Product, Unlawful Distribution, Delivery, Or Sale Of — Penalty.

A. For purposes of this Section, the following terms mean:

DRUG MASKING PRODUCT

Synthetic urine, human urine, a substance designated to be added to human urine, or a substance designated to be added to or used on human hair or oral fluid for the purpose of defrauding an alcohol or a drug screening test.

SYNTHETIC URINE

A substance that is designated to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.

B. A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.

Section 210.1870 Use of Alcoholic Beverages and Drugs by Any Minor at Open House Parties.

[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.

2. Religious observance.

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.

Section 210.1880 through Section 210.1960. (Reserved)