[R.O. 2004 § 210.513; Ord. No. 102 § 1(75.600), 11-13-2000; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A. 
The definitions as set forth in Sections 195.010 and 195.025, Subsection (2), RSMo., 1986, as amended, are herein adopted in their entirety and are herein incorporated verbatim.
B. 
Penalties.
1. 
The penalty for violation of any provision of this Article shall be as set forth in Section 100.220 of this Code.
2. 
Pursuant to Sections 221.070 and 79.470, RSMo., every person committed to the County or City Jail or the City workhouse shall be responsible for payment of their confinement costs in addition to the payment of any fines. Payment of costs may be collected by forfeiture of property as prescribed by State law.
3. 
The court, upon recommendation of the City Prosecutor, may suspend the imposition of sentence in favor of an alternative penalty agreement agreed to by the prosecutor and the defendant.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 as authorized by Chapter 579 or Chapter 195, RSMo.[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.
[R.O. 2004 § 210.530; Ord. No. 232, 2-10-2014; Ord. No. 352, 1-8-2018]
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, controlled substance analogue, counterfeit substance, imitation controlled substance or synthetic cannabinoids as those terms are defined by Section 195.010, RSMo.
[R.O. 2004 § 210.532; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A. 
The limits specified in this Section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.
B. 
Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than nine (9) grams, without regard to the number of transactions.
C. 
Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than three and six-tenths (3.6) grams without regard to the number of transactions.
D. 
All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under Section 195.017, RSMo.
E. 
Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this Section in accordance with transmission methods and frequency established by the Department by regulation.
F. 
This Section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
G. 
All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by Municipal, County, and State or Federal Law Enforcement Officers whose duty it is to enforce the controlled substances laws of this State or the United States.
H. 
All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
I. 
The penalty for a knowing or reckless violation of this Section is found in Section 579.060, RSMo.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 569.060, RSMo.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[R.O. 2004 § 210.545; Ord. No. 102 § 1(75.610), 11-13-2000; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A. 
It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under the circumstances where one should reasonably know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia or the sale of imitation controlled substances.
B. 
It is unlawful for any person to use or to possess with intent to use an imitation controlled substance in violation of Chapters 195 and 579, RSMo.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 211.1840 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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 211.1840 and 211.1850 hereof.
B. 
Any person who violates any provision of Sections 211.1840 through 211.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.