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.
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 as authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo.
A person commits the offense of unlawful possession of drug
paraphernalia if he or she knowingly uses, or possesses with intent
to use, drug paraphernalia, to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body, a controlled substance
or an imitation controlled substance in violation of Chapter 579,
RSMo., or Chapter 195, RSMo.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl
nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their
iso-analogues or induce any other person to do so for the purpose
of causing a condition of, or inducing symptoms of, intoxication,
elation, euphoria, dizziness, excitement, irrational behavior, exhilaration,
paralysis, stupefaction, or dulling of senses or nervous system, or
for the purpose of, in any manner, changing, distorting or disturbing
the audio, visual or mental processes; except that this Section shall
not apply to the inhalation of any anesthesia for medical or dental
purposes.
[Ord. No. 6168, 11-4-2019]
A. It
shall be illegal for any person to keep or maintain a public nuisance.
A person commits the offense of keeping or maintaining a public nuisance
if he or she knowingly keeps or maintains:
1. Any room, building, structure or inhabitable structure, as defined
in Missouri Revised Statutes Section 556.061, RSMo., which is used
for the illegal manufacture, distribution, storage, or sale of any
amount of a controlled substance, except thirty-five (35) grams or
less of marijuana or thirty-five (35) grams or less of any synthetic
cannabinoid; or
2. Any room, building, structure or inhabitable structure, as defined
in Missouri Revised Statutes Section 556.061, RSMo., where on three
(3) or more separate occasions within the period of a year, two (2)
or more persons, who were not residents of the room, building, structure,
or inhabitable structure, gathered for the principal purpose of unlawfully
ingesting, injecting, inhaling or using any amount of a controlled
substance, except thirty-five (35) grams or less of marijuana or thirty-five
(35) grams or less of any synthetic cannabinoid.
B. In
addition to any other criminal prosecutions, including prosecution
by the City of Sikeston Prosecuting Attorney, the Scott County Prosecuting
Attorney or the New Madrid County Prosecuting Attorney, the prosecuting
attorney may by information or indictment charge the owner or the
occupant, or both the owner and the occupant of the room, building,
structure, or inhabitable structure with the offense of keeping or
maintaining a public nuisance.
C. The
offense of keeping or maintaining a public nuisance is a Class A Misdemeanor.
D. Upon
the conviction of the owner pursuant to this Section, the room, building,
structure, or inhabitable structure is subject to the provisions of
Missouri Revised Statutes Sections 513.600 to 513.645, RSMo.