[Ord. No. 474, 6-3-2020; Ord.
No. 530, 6-21-2023]
As used in this Article, the following terms shall mean:
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
A financial penalty or fine imposed as restitution for violation(s)
of a relevant City Code.
A non-criminal violation for which a monetary penalty may
be imposed as specified in this Title. Each day or portion of a day
during which a violation occurs is a separate violation.
A drug, substance, or immediate precursor in Schedules I
through V listed in Chapter 195, RSMo., but not including marijuana
in an amount of less than six (6) ounces.
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery. "Dispenser" means a practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
All equipment, products, and materials of any kind which are
used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of Chapter 195, RSMo., not including marijuana paraphernalia;
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness, or purity
of controlled substances or imitation controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose, and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
Hypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material,
except those for use with marijuana, that has become too small or
too short to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
In determining whether an object, product, substance, or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any City, State, or Federal law relating to any
controlled substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this Chapter or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Chapter or Chapter 579, RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this Chapter or Chapter 579, RSMo., shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner or anyone in control of the object is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form, or packaging of the product, substance,
or material in relation to the quantity, form, or packaging associated
with any legitimate use for the product, substance, or material.
Includes lysergic acid diethylamide, mescaline, psilocybin,
and various types of methoxyamphetamines.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size, and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration-approved
package, with the Federal Food and Drug Administration-approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under City, State, or Federal law related to controlled
substances or fraud;
The proximity of the substances to controlled substances.
Persons required to obtain annual registration as issued
by the State Division of Health as provided by Section 195.030, RSMo.
The production, preparation, propagation, compounding, or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance by an individual for his/her own use or the preparation,
compounding, packaging, or labeling of a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching,
or chemical analysis and not for sale.
Any equipment, product, material, or a combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
"Marijuana" or "marihuana" does not include industrial hemp as defined
by Missouri Statute, or commodities or products manufactured from
industrial hemp.
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Section shall be construed
as conferring on a person who is not registered or licensed as a pharmacist
any authority, right or privilege that is not granted to him/her by
the pharmacy laws of this State.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital, or other person licensed,
registered, or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name, and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's
application for an identification card under the provisions of Article
XIV, Section 1, of the Missouri Constitution or in other written notification
to the Missouri Department of Health and Senior Services.
Includes the manufacture, planting, cultivation, growing,
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
Any property owned or controlled by the City or the State,
any public or private road, and any space in a building open to the
public; provided, however, that the owner of a building may allow
smoking in such a public space provided that all entrances to the
public space are clearly and conspicuously identified with a sign
identifying that public smoking of marijuana is allowed in the space.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined by Article XIV, Section 1, of the Missouri
Constitution.
A person who, in the usual course of business, stores drugs
for others, is lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he/she himself/herself has
not produced or prepared, on official written orders, but not on prescriptions.
[Ord. No. 530, 6-21-2023]
A.
Possession Of Marijuana.
1.
Possession of marijuana by persons under twenty-one (21) years
of age. No person under twenty-one (21) years of age shall possess
marijuana.
a.
No person under the age of twenty-one (21) years may possess,
use, ingest, inhale, transport, or deliver with or without consideration,
marijuana or marijuana accessories, except that qualified patients
under the age of twenty-one (21) years may possess medical marijuana
to the extent allowed by law.
b.
This Subsection shall not apply to any qualifying patient in
possession of a qualifying patient identification card issued by the
Department of Health and Senior Services.
c.
Any person who violates this Subsection shall be subject to
a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture
of the marijuana, unless such individual is determined to be in possession
of more than three (3) ounces of dry, unprocessed marijuana or its
equivalent, in which case the individual shall be subject to a civil
penalty not to exceed two hundred fifty dollars ($250.00) and forfeiture
of the marijuana.
d.
Any person who is subject to a civil penalty pursuant to this
Subsection but is determined to be in possession of three (3) ounces
or less of marijuana shall be provided the option of attending up
to four (4) hours of drug education or counseling in lieu of payment
of the penalty. Any person who is subject to a civil penalty pursuant
to this Subsection but is determined to be in possession of more than
three (3) ounces of marijuana shall be provided the option of attending
up to eight (8) hours of drug education or counseling in lieu of payment
of the penalty. Any such person shall still be subject to forfeiture
of the marijuana.
e.
Any person who is assessed a civil penalty or fine under this
Subsection may perform community service in lieu of payment. The rate
of pay-down associated with this service option will be the greater
of fifteen dollars ($15.00) per hour or the minimum wage in effect
at the time of judgment.
2.
Possession of marijuana by persons twenty-one (21) years of
age and older.
a.
No person who is twenty-one (21) years of age or older shall
possess in excess of three (3) ounces of dried, unprocessed marijuana,
or its equivalent.
b.
This Subsection shall not apply to any person who is registered
with the Department of Health and Senior Services for the cultivation
of marijuana plants, provided any amount of marijuana in excess of
three (3) ounces is kept at one (1) private residence in a locked
space.
c.
No person who is registered with the Department of Health and
Senior Services for the cultivation of marijuana shall possess marijuana
plants in excess of the limits set forth in Article XIV, 74 Section
2 of the Missouri Constitution.
d.
This Subsection shall not apply to any qualifying patient or
primary caregiver in possession of a qualifying patient or primary
caregiver identification card and in possession of marijuana within
the limits established by the Missouri Department of Health and Senior
Services.
e.
Any person who violates this Subsection shall be subject to:
(1)
For a first violation, a civil penalty not to exceed
two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
(2)
For a second violation, a civil penalty not to
exceed five hundred dollars ($500.00) and forfeiture of the marijuana.
(3)
For a third violation, a fine not to exceed one
thousand dollars ($1,000.00) and forfeiture of the marijuana.
f.
Any person who is assessed a civil penalty or fine under this
Subsection may perform community service in lieu of payment. The rate
of pay-down associated with this service option will be the greater
of fifteen dollars ($15.00) per hour or the minimum wage in effect
at the time of judgment.
3.
Possession of marijuana in schools or correctional facilities
prohibited.
a.
No person shall possess or consume marijuana on the grounds
of any public or private preschool, elementary or secondary school,
institution of higher education, in a school bus, or on the grounds
of any correctional facility.
b.
This Subsection shall not apply to any qualifying patient in
possession of a qualifying patient identification card issued by the
Department of Health and Senior Services.
c.
Any person who violates this Subsection shall be subject to:
(1)
For a first violation, a civil penalty not to exceed
two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
(2)
For a second violation, a civil penalty not to
exceed five hundred dollars ($500.00) and forfeiture of the marijuana.
(3)
For a third violation, a fine not to exceed one
thousand dollars ($1,000.00) and forfeiture of the marijuana.
4.
Delivery or distribution of marijuana to persons under twenty-one
(21) years of age.
a.
No person shall deliver or distribute marijuana, with or without
consideration, to a person younger than twenty-one (21) years of age.
b.
This Subsection shall not apply to the delivery or distribution
of marijuana to any qualifying patient, as defined by Article XIV,
108 Section 1 of the Missouri Constitution, by any entity licensed
by the Missouri Department of Health and Senior Services for the distribution
of medical marijuana or by any parent or guardian of the qualifying
patient.
c.
Any person who violates this Subsection shall be subject to:
(1)
For a first violation, a civil penalty not to exceed
two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
(2)
For a second violation, a civil penalty not to
exceed five hundred dollars ($250.00) and forfeiture of the marijuana.
(3)
For a third violation, a fine not to exceed one
thousand dollars ($1,000.00) and forfeiture of the marijuana.
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Subsection (A)(4)(c)(1), (2) and (3) of this Section shall not apply to any individual who is found to be in possession of more than twice the amount of marijuana or more than twice the number of marijuana plants authorized by Article XIV, Section 2 of the Missouri Constitution.
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B.
Illegal Growing.
1.
Possessing, transporting, planting, cultivating, harvesting,
drying, processing, or manufacturing more than six (6) flowering marijuana
plants, six (6) non-flowering marijuana plants [over fourteen (14)
inches tall], and six (6) clones [plants under fourteen (14) inches
tall]; or
2.
Possessing, transporting, planting, cultivating, harvesting,
drying, processing, or manufacturing marijuana plants without being
registered with the Department of Health and Senior Services for the
cultivation of marijuana plants; or
3.
Growing or possessing such plants by a person under the age
of twenty-one (21) years.
C.
Penalties.
1.
Subject to the limitations of this Section, a person who possesses
not more than twice the amount of marijuana allowed pursuant to this
Subsection, produces not more than twice the amount of marijuana allowed
pursuant to this Subsection, delivers without receiving any consideration
or remuneration to a person who is at least twenty-one (21) years
of age not more than twice the amount of marijuana allowed by this
Subsection, or possesses with intent to deliver not more than twice
the amount of marijuana allowed by this Subsection:
a.
For a first violation, is subject to a civil infraction punishable
by a civil penalty not exceeding two hundred fifty dollars ($250.00)
and forfeiture of the marijuana;
b.
For a second violation, is subject to a civil infraction punishable
by a civil penalty not exceeding five hundred dollars ($500.00) and
forfeiture of the marijuana;
c.
For a third or subsequent violation, is subject to a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000.00)
and forfeiture of the marijuana;
d.
A person under twenty-one (21) years of age is subject to a
civil penalty not to exceed two hundred fifty dollars ($250.00). Any
such person shall be provided the option of attending up to eight
(8) hours of drug education or counseling in lieu of the fine; and
e.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
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Violations that are not subject to the provisions of this Section
shall be punishable by a fine not to exceed five hundred dollars ($500.00)
and up to ninety (90) days in jail.
|
[Ord. No. 530, 6-21-2023]
A.
Possession Of Marijuana Accessories By Persons Under Twenty-One (21)
Years Of Age.
1.
No person under twenty-one (21) years of age shall possess marijuana
accessories.
2.
No person under the age of twenty-one (21) years may possess,
use, transport, or deliver with or without consideration, marijuana
accessories, except that qualified patients under the age of twenty-one
(21) years may possess medical marijuana to the extent allowed by
law.
3.
This Subsection shall not apply to any qualifying patient in
possession of a qualifying patient identification card issued by the
Department of Health and Senior Services.
4.
Any person who violates this Subsection shall be subject to
a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture
of the marijuana accessories.
5.
Any person who is assessed a civil penalty or fine under this
Subsection may perform community service in lieu of payment. The rate
of pay-down associated with this service option will be the greater
of fifteen dollars ($15.00) per hour or the minimum wage in effect
at the time of judgment.
[Ord. No. 530, 6-21-2023]
Except as authorized by Chapter 195, RSMo., it is unlawful for
any person to possess or have under his/her control a controlled substance
as defined by this Article.
[Ord. No. 530, 6-21-2023]
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia as defined by this Article 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 this Article, or an imitation
controlled substance as defined by Chapter 195, RSMo.
[Ord. No. 530, 6-21-2023]
A.
Smoking marijuana in a location where smoking tobacco is prohibited
is prohibited.
B.
Consumption of marijuana in a public place, other than in an area
authorized by the City or the Department of Health and Senior Services
is prohibited.
C.
Restaurants serving food that contains marijuana must register with
the City and provide notice on all public entrances and on all menus
that certain food contains marijuana.
[Ord. No. 530, 6-21-2023]
A.
It shall be unlawful for any person to:
1.
Operate or be in physical control of any motor vehicle, train,
aircraft, motorboat, or other motorized forms of transport while under
the influence of marijuana. Notwithstanding the foregoing, a conviction
of a person who is at least twenty-one (21) years of age for any applicable
offenses shall require evidence that the person was in fact under
the influence of marijuana at the time the person was in physical
control of the motorized form of transport and not solely on the presence
of tetrahydrocannabinol (THC) or THC metabolites, or a combination
thereof, in the person's system;
2.
Consume marijuana while operating or being in physical control
of a motor vehicle, train, aircraft, motorboat, or other motorized
forms of transport while it is being operated; or
3.
Smoke marijuana within a motor vehicle, train, or aircraft,
motorboat, or another motorized form of transport while it is being
operated.
[1]
Editor's Note: Former Section 210.1810, Possession Of A Controlled
Substance, was repealed 6-21-2023 by Ord. No. 530. Prior history includes
Ord. No. 474.
[R.O. 2012 § 205.160; Ord. No.
84 § P-52, 8-6-1979]
A.
CONTROLLED SUBSTANCE
IMITATION CONTROLLED SUBSTANCE
1.
a.
b.
c.
d.
e.
f.
2.
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
As used in this Section means a drug, substance or immediate
precursor in Schedules I through V as listed in Section 195.005 to
195.425 RSMo., and as may be placed in any such schedule by the Division
of Health from time to time as provided by law or regulation.
As used in this Section means a substance, which by dosage unit
appearance (including color, shape, size and markings), or by representations
made, would lead a reasonable person to believe that the substance
is a controlled substance. In determining whether the substance is
an "Imitation Controlled Substance," the Court or authority concerned
should consider, in addition to all other logically relevant factors,
the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (nonprescription or non-legend)
sales and was sold in the Federal Food and Drug Administration approved
package, with the Federal Food and Drug Administration approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
The proximity of the substances to controlled substances;
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell.
An imitation controlled substance does not include a placebo
or registered investigational drug either of which was manufactured,
distributed, possessed or delivered in the ordinary course of professional
practice or research.
B.
Violations.
1.
It is a violation of this Section for any person to use, or
to possess with intent to use, an imitation controlled substance.
2.
It is a violation of this Section for any person to place in
any newspaper, magazine, handbill, or other publication, or to post
or distribute in any public place, any advertisement or solicitation
with reasonable knowledge that the purpose of the advertisement or
solicitation is to promote the distribution of imitation controlled
substances.
[1]
State Law Reference: See RSMo. §§ 195.010,
195.244 and 579.078.
[Ord. No. 498, 2-2-2021]
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.
[Ord. No. 474, 6-3-2020]
A.
It is unlawful for any person to use, or to possess 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 Sections 195.005 to 195.425, RSMo., except as authorized by Section 210.1832.
B.
Any
person violating any provision of this Section, upon conviction, shall
be fined not less than one hundred dollars ($100.00) no more than
five hundred dollars ($500.00), or shall be imprisoned for three (3)
months, or shall be both fined and sentenced.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[1]
Editor's Note: Former Section 210.1832, Medical Marijuana,
was repealed 6-21-2023 by Ord. No. 530. Prior history includes Ord.
No. 474.
[1]
Editor's Note: Former Section 210.1834, Transportation Of
Medical Marijuana, was repealed 6-21-2023 by Ord. No. 530. Prior history
includes Ord. No. 474.
[Ord. No. 500, 2-2-2021]
A.
No
edible marijuana-infused product, packaging, or logo sold in the City
pursuant to Article XIV of the Missouri Constitution shall be designed
in the shape of a human, animal, or fruit, including realistic, artistic,
caricature, or cartoon renderings. However, geometric shapes, including,
but not limited to, circles, squares, rectangles, and triangles, shall
be permitted.
B.
Every
package, or packages with a package, containing an edible marijuana-infused
product with ten (10) or more milligrams of tetrahydrocannabinols
(THC) within this City shall be stamped with a universal symbol for
such products, which shall consist of the following:
1.
A diamond containing the letters "THC";
2.
The letter "M" located under the "THC" within the diamond, to signify
that the product is for medical purposes; and
3.
The number of milligrams of THC in the package.
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The universal symbol shall be placed on the front of the package
in red and white print and shall measure one-half (1/2) inch by one-half
(1/2) inch from point to point.
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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.
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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
