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 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.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system; or
Lysergic acid diethylamide;
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
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 Sections 195.005 to 195.425, RSMo., but not including
marijuana accessories. It includes, but is not limited to:
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 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 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 non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance that it is alleged to imitate. Furthermore, 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;
Stimulants such as amphetamines and methamphetamines;
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
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" do 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 himself has not produced
or prepared, on official written orders, but not on prescriptions.
[1]
Editor's Note: This ordinance amended former Art. XI, Offenses
Concerning Drugs and Alcohol.
[Ord. No. 3496, 3-6-2023]
Except as authorized by Sections 195.005 to 195.425, RSMo.,
it is unlawful for any person to consume, use, carry, transport or
possess any controlled substance as that term is defined in Section
195.010, RSMo., anywhere within the City limits.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020; Ord. No. 3496, 3-6-2023]
A person commits the offense of unlawful possession of drug
paraphernalia if he/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 195 or Chapter
579, RSMo.
[Ord. No. 3496, 3-6-2023]
A.
Illegal Possession Of Marijuana.
1.
No person may possess more than three (3) ounces of recreational
marijuana, nor more than the amount allowed by the law of medical
marijuana.
2.
No person under the age of twenty-one (21) years may possess,
use, ingest, inhale, transport, 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
or paraphernalia to the extent allowed by law.
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.
Failing to keep in excess of three (3) ounces of such plants
in a locked space not visible by normal unaided vision from a public
place; or
4.
Growing or possessing such plants by a person under the age
of twenty-one (21) years.
C.
Sale To Persons Under Twenty-One (21). No person shall deliver to,
transfer to, or sell to persons twenty-one (21) years of age or older
marijuana or marijuana paraphernalia.
D.
Penalties.
1.
If the violation of this Section involves three (3) ounces of
marijuana or less, the penalty shall be punishable by a fine not to
exceed one hundred dollars ($100.00).
2.
Subject to the limitations of this Section, a person who possesses
not more than twice the amount of marijuana allowed pursuant to this
Section, produces not more than twice the amount of marijuana allowed
pursuant to this Section, 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
Section, or possesses with intent to deliver not more than twice the
amount of marijuana allowed by this Section:
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.
[Ord. No. 3355, 10-7-2019; Ord. No. 3496, 3-6-2023]
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia as defined by this Chapter 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 Chapter, or an imitation
controlled substance as defined by Section 195.010, RSMo., in violation
of Sections 195.005 to 195.425, RSMo.
[Ord. No. 3496, 3-6-2023]
It shall be unlawful for a person to be in possession or consumption
of marijuana or possession of marijuana accessories on the grounds
of a public or private preschool, elementary or secondary school,
institution of higher education, in a school bus, or on the grounds
of any correctional facility.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
A.
A person commits the offense of unlawful sale, distribution, or purchase
of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
seven and two-tenths (7.2) grams to the same individual within a thirty-day
period, unless the amount is dispensed, sold, or distributed pursuant
to a valid prescription; or
2.
Purchases, receives, or otherwise acquires within a thirty-day
period 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 in
a total amount greater than seven and two-tenths (7.2) grams, without
regard to the number of transactions, unless the amount is purchased,
received, or acquired pursuant to a valid prescription; or
3.
Purchases, receives, or otherwise acquires within a twenty-four-hour
period 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 in
a total amount greater than three and six-tenths (3.6) grams, without
regard to the number of transactions, unless the amount is purchased,
received, or acquired pursuant to a valid prescription; or
4.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
forty-three and two-tenths (43.2) grams to the same individual within
a twelve-month period, unless the amount is dispensed, sold, or distributed
pursuant to a valid prescription; or
5.
Purchases, receives, or otherwise acquires within a twelve-month
period 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 in
a total amount greater than forty-three and two-tenths (43.2) grams,
without regard to the number of transactions, unless the amount is
purchased, received, or acquired pursuant to a valid prescription;
or
6.
Dispenses or offers drug products that are not excluded from
Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., and that
contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts, optical isomers, or salts of optical isomers,
without ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such products are
dispensed by a registered pharmacist or pharmacy technician under
Subsection 11 of Section 195.017, RSMo.; or
7.
Holds a retail sales license issued under Chapter 144, RSMo.,
and knowingly sells or dispenses packages that do not conform to the
packaging requirements of Section 195.418, RSMo.
B.
A pharmacist, intern pharmacist, or registered pharmacy technician
commits the offense of unlawful sale, distribution, or purchase of
over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, in a total amount greater
than three and six-tenth (3.6) grams to the same individual within
a twenty-four-hour period, unless the amount is dispensed, sold, or
distributed pursuant to a valid prescription; or
2.
Fails to submit information under Subsection 13 of Section 195.017,
RSMo., and Subsection 6 of Section 195.417, RSMo., about the sales
of any compound, mixture, or preparation of products containing detectable
amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts, optical isomers, or salts of optical isomers,
in accordance with transmission methods and frequency established
by the Department of Health and Senior Services; or
3.
Fails to implement and maintain an electronic log, as required
by Subsection 12 of Section 195.017, RSMo., of each transaction involving
any detectable quantity of pseudoephedrine, its salts, isomers, or
salts of optical isomers or ephedrine, its salts, optical isomers,
or salts of optical isomers; or
4.
Sells, distributes, dispenses or otherwise provides to an individual
under eighteen (18) years of age without a valid prescription any
number of packages of any drug product containing any detectable quantity
of pseudoephedrine, its salts, isomers, or salts of optical isomers,
or ephedrine, its salts or optical isomers, or salts of optical isomers.
C.
Any person who violates the packaging requirements of Section 195.418,
RSMo., and is considered the general owner or operator of the outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale shall not be penalized if he or she documents
that an employee training program was in place to provide the employee
who made the unlawful retail sale with information on the State and
Federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine.
[1]
Editor's Note: Former Section 210.1830, Unlawful Delivery
Or Manufacture Of Drug Paraphernalia, was repealed 3-6-2023 by Ord.
No. 3496. Prior history includes Ord. No. 3355 and Ord. No. 3400.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
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. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
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.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
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 isoanalogues 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.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
No person shall, open to the public view, consume or drink or
have in his/her possession an open container of any intoxicating liquor
of any kind, or any beer in or upon any public street, sidewalk or
other public place.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
A.
Definitions. "Alcoholic beverages," when used herein, shall mean
intoxicating liquor, malt liquor or non-intoxicating beer. "Intoxicating
liquor" shall mean alcohol for beverage purposes, alcoholic, spirituous,
vinous, fermented, malt or other liquors or combinations of liquors
containing in excess of three and two-tenths percent (3.2%) of alcohol
by weight. "Non- intoxicating beer" shall mean any beer manufactured
from hops or extract of hops and barley or malt or other grains or
cereals or wholesome yeast and pure water and having an alcoholic
content in excess of three and two-tenths percent (3.2%) by weight
and not in excess of five percent (5%) by weight.
B.
Offenses. No person, whether operator or passenger of a motor vehicle,
shall possess and/or consume any alcoholic beverage in an open container
while traveling or parked on a public roadway or property.
C.
Penalty. Any person found guilty of violating any of the provisions
of this Section shall be punished by a fine of not less than one hundred
dollars ($100.00) nor more than five hundred dollars ($500.00) or
by imprisonment for a period not to exceed ninety (90) days, or by
both such fine and imprisonment.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
A.
ALCOHOLIC BEVERAGE
CONTROL
MINOR
OPEN HOUSE PARTY
RESIDENCE
1.
2.
Definitions. As used in this Section, the following terms shall mean:
Any alcoholic liquor or beer as defined now or hereafter
by the Revised Statutes of Missouri.
Any form of authority, regulation, responsibility or dominion,
including a possessory right.
A person not legally permitted by reason of age to possess,
consume or purchase alcoholic liquor as prohibited under the Revised
Statutes of Missouri.
A social gathering at a residence or premises of persons
in addition to the owner or those with rights of possession or their
immediate family members.
A motel room, hotel room, home, apartment, condominium or other
dwelling unit, including the curtilage of a dwelling unit, or a hall
or 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 compensation.
Prohibited Activity. No person who is the owner in possession,
a tenant or subtenant, or has temporary charge of any residence or
premises shall allow an open house party to take place at the residence
or premises if any alcoholic beverage or drug is possessed or consumed
at the residence or premises by any minor where such person knew 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 such person failed to take reasonable steps to
prevent the possession or consumption of the alcoholic beverage or
drug at the residence or premises.
B.
Exceptions. The provisions of this Section shall not apply to:
1.
The consumption, use or possession of a drug by a minor pursuant
to a lawful prescription for such drug issued for such minor.
2.
Religious observation or prescribed medical treatments.
3.
The possession by a minor of alcoholic beverage or lawfully
prescribed drug incidental to the lawful employment of such minor.
C.
Penalty. Any person who violates the terms of this Section shall
upon conviction thereof be punished by a fine of no more than five
hundred dollars ($500.00) or by imprisonment not to exceed ninety
(90) days, or both such fine and imprisonment.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
Any person in possession of medical marijuana shall, immediately
upon request of any Law Enforcement Officer, produce a valid identification
card issued by the Missouri Department of Health and Senior Services,
or its successor, or the respective equivalent identification card
or authorization issued by another state or political subdivision
of another state, authorizing them, as a qualifying patient or primary
caregiver, or employee of a licensed medical marijuana facility, to
access medical marijuana as provided by Missouri law. Any person who
fails to produce such identification card shall be guilty of the offense
of failure to produce a medical marijuana identification card.
[1]
Editor's Note: Former Section 210.1910, Administration Of
Medical Marijuana In A Public Place Prohibited, was repealed 3-6-2023
by Ord. No. 3496. Prior history includes Ord. No. 3355 and Ord. No.
3400.
[Ord. No. 3355, 10-7-2019; Ord. No. 3400, 12-21-2020]
No person shall dispose of medical marijuana, medical marijuana-infused
products, or medical marijuana byproduct except as prescribed by 19
CSR 30-95.
[Ord. No. 3496, 3-6-2023]
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 Administrator
or his/her designee and provide notice on all public entrances and
on all menus that certain food contains marijuana.
D.
Violation
of this Section shall be punishable by a fine not to exceed one hundred
dollars ($100.00) for the first offense and not more than five hundred
dollars ($500.00) for subsequent offenses, as well as confiscation
of the marijuana.
[Ord. No. 3496, 3-6-2023]
A person commits the offense of driving under the influence
of marijuana if he/she operates a motor vehicle under the influence
of marijuana; provided, however, that the presence of marijuana in
the defendant’s system alone shall not be sufficient proof that
the defendant was under the influence of marijuana.
[Ord. No. 3496, 3-6-2023]
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 or administer 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.
