[1]
Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
[Ord. No. 20-004, 2-11-2020]
A. 
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 and additionally excepting:[3]
1. 
A qualified patient for the patient's own personal use, in an amount no larger than the law allows in the original packaging, or
2. 
A primary caretaker of a qualified patient, or patients, but only when transporting the medical marijuana to a qualified patient or when accompanying a qualified patient or patients and the medical marijuana is in the original packaging, or
3. 
An owner or an employee of a medical marijuana facility within the enclosed building licensed as such, or when delivering directly to another medical marijuana facility.
4. 
If a person has been authorized by the Missouri Department of Health and Senior Services to cultivate marijuana for personal use, in lieu of keeping the marijuana in the original packaging as required in this Section, the person shall keep the marijuana, when not on property under the person's control, in a container clearly marked with the patient's name and shall keep his or her cultivation card, issued by the State, on his or her person while possessing such marijuana.
5. 
Any person who violates this ordinance shall be subject to a fine for each violation as follows: First violation: two hundred dollars ($200.00); any additional violations within a twelve-month period, second violation: two hundred seventy-five dollars ($275.00), third violation: three hundred fifty dollars ($35000), and fourth and subsequent violations: four hundred fifty dollars ($450.00). A person issued a citation for violating this Section may elect to pay the minimum penalty specified above for each violation alleged in the citation, in lieu of appearing in court to answer the citation.
[3]
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.
[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.
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.
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.
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.
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.
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.
A. 
Any controlled substance or any apparatus, device or instrument or raw material for the administration, use, production or manufacture of any controlled substance as defined herein which have come into the custody of a Peace Officer of the City of Versailles, the lawful possession of which is not established or lawful title thereto ascertained, in the manner prescribed by the laws of Missouri shall be forfeited and disposed of as follows:
1. 
The court having jurisdiction of offenses charged under this Article shall order such controlled substances, apparatus, device or instrument forfeited and destroyed with a record of the place where such substance, apparatus, device or instrument was seized;
2. 
The kind and quantities of such substances, apparatus, device or instrument so destroyed; and
3. 
The time, place and manner of such destruction shall be kept and returned to the court, under oath, by the officer or officers acting pursuant to such order, which record shall be open to inspection by all Federal and State officials charged with enforcement of Federal and State narcotic or controlled substance laws; provided however, that the court may, in the alternative, upon proper application deliver such drugs or substances, apparatus, instruments or devices, except herein and its salts and derivatives, to the Division of Health of the State of Missouri to be disposed of or destroyed by said Division of Health in the manner provided for by the laws of Missouri; and provided further, that a true copy of all such reports made to the court, under oath, shall be provided to the United States Commissioner of Narcotics by such officer who destroys such controlled substances, drugs, apparatus, device or instrument.
It is hereby declared that it is unlawful for any person to drink any alcoholic beverage upon any public street, public alley, public sidewalk, or any commercial parking lot when the business thereon is closed.
[Ord. No. 20-004, 2-11-2020]
Any person who in possession of medical marijuana shall, immediately upon the request of any law enforcement officer, produce a valid permit issued by the Missouri Department of Health and Senior Services (or its successor) for such possession, including, but not limited to, a qualified patient identification card, or a qualified caretaker card. Any person who fails to produce such a permit upon request shall be subject to a fine for each violation as follows: First violation: two hundred dollars ($200.00); any additional violations within a twelve-month period, second violation: two hundred seventy-five dollars ($275.00), third violation: three hundred fifty dollars ($350.00), fourth and subsequent violations: four hundred fifty dollars ($450.00). A person issued a citation for violating this Section may elect to pay the minimum penalty specified above for each violation alleged in the citation, in lieu of appearing in court to answer the citation.
[Ord. No. 20-004, 2-11-2020]
Any person, otherwise lawfully authorized to possess medical marijuana, who shall possess such marijuana on real property not under his or her control without such marijuana being properly packaged as required as required by the Missouri Department of Health and Senior Services shall be subject to a fine for each violation as follows: First violation: two hundred dollars ($200.00); any additional violations within a twelve-month period, second violation: two hundred seventy-five dollars ($275.00), third violation: three hundred fifty dollars ($350.00), fourth and subsequent violations: four hundred fifty dollars ($450.00). A person issued a citation for violating this Section may elect to pay the minimum penalty specified above for each violation alleged in the citation, in lieu of appearing in court to answer the citation.
[Ord. No. 20-004, 2-11-2020]
A. 
No person shall administer medical marijuana in public.
B. 
As used in this Section, the word "administer" shall have the definition set forth in Article XVI Section 1 of the Missouri Constitution.
C. 
As used in this Section, the phase "in public" shall mean any place other than:
1. 
The residence of the person administering medical marijuana or the residence of the primary caretaker, but may not dispense or smoke marijuana in such a manner that the marijuana smoke or odor, exits the residence. If marijuana smoke or odor is capable of being detected by a person of ordinary senses (including but not limited to any Police Officer) beyond the property line of single-family home or outside of the owned or leased premises of a duplex or multi-family unit there shall be a rebuttable presumption that this Section has been violated. In a multi-family or similar dwelling, medical marijuana may not be dispensed or consumed in any common area; or
2. 
A licensed medical facility with the consent of the person or persons in charge of that facility.
[Ord. No. 20-004, 2-11-2020]
No person shall dispose of marijuana or marijuana-infused products in an unsecured waste receptacle not in possession and control of the qualified patient or primary caretaker and designed to prohibit unauthorized access.
[Ord. No. 20-004, 2-11-2020]
A. 
To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:
1. 
The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker.
2. 
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multi-family building, that such fumes and vapors are not allowed into any other residence.
3. 
No manufacturing of marijuana products shall occur in any residence unless in the residence of a qualified patient or residence of a primary caretaker.
4. 
The cultivation must comply with the security and other requirements of State law and the rules of the Department of Health and Senior Services and take place in an enclosed, locked facility as defined by the Department of Health and Senior Services and not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level.
5. 
The resident has notified the Police Chief, including providing proof of eligibility, on a form provide by the Police Chief, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.
6. 
All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall take place within an enclosed, locked facility in accordance with 19 CSR 30-95.010.
7. 
All residential medical marijuana cultivation by a qualifying patient or primary caregiver shall be done in such a way as to prevent odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot upon which the medical marijuana plants are located. If a qualifying patient or primary caregiver is cultivating in a multiple-tenant building, the qualifying patient or primary caregiver shall not permit odor of marijuana which is capable of being detected by a person of ordinary senses outside of the tenant space the qualifying patient or primary caregiver occupies.
8. 
Any qualified patient or primary caregiver that cultivates marijuana and fails to conform to the requirements herein shall be subject to a fine for each violation as follows: First violation: two hundred dollars ($200.00); any additional violations within a twelve-month period, second violation: two hundred seventy-five dollars ($275.00), third violation: three hundred fifty dollars ($350.00), fourth and subsequent violations: four hundred fifty dollars ($450.00). A person issued a citation for violating this Section may elect to pay the minimum penalty specified above for each violation alleged in the citation, in lieu of appearing in court to answer the citation. In addition, the violation shall be reported to the Missouri Department of Health and Senior Services.
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.