[Ord. No. 23-16, 4-4-2023]
A. 
Except and only to the extent as authorized by Article XIV of the Missouri Constitution, including any and all rules and regulations promulgated by the Department relating to legalized medical marijuana or legalized adult-use marijuana, it shall be unlawful for any person to knowingly use, or 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 imitation controlled substance in violation of this Article.
B. 
It shall be unlawful for any person to knowingly possess an imitation controlled substance.
C. 
No person shall knowingly possess a controlled substance, except and only to the extent as authorized by Ch. 579, RSMo., or Ch. 195, RSMo., as amended.
D. 
In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this Section, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in: i) this Section, as amended; ii) Ch. 579, RSMo., as amended; or iii) Ch. 195, RSMo., as amended, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
1. 
No person under the age of twenty-one (21) years shall knowingly possess marijuana except as provided by Article XIV of the Missouri Constitution.
2. 
A person at least twenty-one (21) years of age may not purchase, possess, consume, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration except as permitted under Article XIV of the Missouri Constitution, as amended, over three (3) ounces of dried, unprocessed marijuana, or its equivalent.
3. 
A person at least twenty-one (21) years of age may not possess, transport, plant, cultivate, harvest, dry, process, or manufacture 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] in violation of Article XIV of the Missouri Constitution.
4. 
A person may not purchase, possess, use, deliver, distribute, manufacture, transfer, or sell to persons under twenty-one (21) years of age marijuana accessories, except as provided by Article XIV of the Missouri Constitution.
5. 
No person shall knowingly possess more than twice the amount of marijuana as authorized by Article XIV of the Missouri Constitution.
6. 
The following may possess marijuana pursuant to Article XIV of the Missouri Constitution and its accompanying State regulations:
a. 
A qualifying patient for the patient's own personal use, provided that a qualifying patient shall not possess more than four (4) ounces of dried, unprocessed marijuana in a thirty-day period, unless such patient is able to possess more than such limits pursuant to 19 CSR 30-095.030(5)(E), as amended, in which case such person shall not possess more than amount of marijuana the person's two (2) physicians have certified the person to possess;
b. 
A primary caregiver for a qualifying patient(s), but only when transporting marijuana to a qualifying patient(s) or when accompanying a qualifying patient(s); and
c. 
An owner or employee of a medical marijuana facility licensed by the State of Missouri while on the premises of said facility, or when transporting to a qualified patient's or primary caregiver's residence or another medical marijuana facility licensed by the State of Missouri.
d. 
An adult at least twenty-one (21) years of age.
7. 
In any complaint or information, and in any action or proceeding brought for the enforcement of any provision of any applicable statutory authority in the State of Missouri, it shall not be necessary to include any exception, excuse, proviso, or exemption of any applicable statutory authority in the State of Missouri, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
8. 
Any person under the age of twenty-one (21) years old in possession of medical marijuana, including a marijuana-infused product, shall, immediately upon request of any Law Enforcement Officer, produce a valid identification card issued by either the Department or the respective equivalent identification card or authorization issued by another State or political subdivision of another State, authorizing the person to possess the amount of marijuana in such person's possession as provided by Article XIV of the Missouri Constitution, as amended. Any person who fails to produce such identification card as required by this Section shall be guilty of the offense of failure to produce a medical marijuana identification card.
9. 
No person shall consume marijuana, including marijuana for medical use, in a public place. As used in this Section only, "public place" means the same as the term defined by applicable Missouri Regulations, as amended, which is any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. However, for purposes of designating a non-public place within a public place, the owner or entity with control of any such property may, but is not required to, provide one (1) or more enclosed, private spaces where one (1) qualifying patient and, if required by the owner or entity with control of any such property, a representative of such owner or entity, may congregate for the qualifying patient to consume medical marijuana. The qualifying patient may be accompanied by the family of the qualifying patient, the qualifying patient's primary caregiver, and/or the qualifying patient's physician. The owner or entity with control of any such property may provide such a space by individual request or designate such a space for ongoing use and may limit use of medical marijuana in that space to uses that do not produce smoke. Any such permission shall be given in writing and provided to the qualifying patient or publicly posted prior to a qualifying patient's use of medical marijuana in that space. "Public place" shall not include:
a. 
The residence of the person administering medical marijuana or the residence of another person when the person in control of that property has consented to the administering of marijuana; or
b. 
A licensed medical facility with the consent of the person or persons in charge of that facility.
10. 
It shall be unlawful for any person over the age of twenty-one (21) to have the plants and any marijuana in excess of three (3) ounces:
a. 
Kept at one (1) private residence visible from a public place; or
b. 
Kept in an unlocked space.
11. 
Consumption of adult-use marijuana in public.
a. 
No person shall consume adult-use marijuana in a public place.
b. 
As used in this Section only, "public place" means the same as the term defined by applicable Missouri Regulation, as amended, which is any public or private property, or portion of public or private property, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses. "Public place" shall not include:
(1) 
The residence of the person consuming adult-use marijuana or the residence of another person when the person in control of that property has consented to the consumption of adult-use marijuana; or
(2) 
An area licensed by the authorities having jurisdiction over the licensing and/or permitting of said activity.
12. 
Except and only to the extent as authorized by Article XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the Department relating to legalized medical marijuana or legalized adult-use marijuana, it shall be unlawful for any person under twenty-one (21) years of age to knowingly use, or possess with intent to use, marijuana accessories 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 marijuana, or imitation marijuana in violation of this Article, other than medical marijuana as allowed under Article XIV of the Missouri Constitution.
13. 
The penalty for marijuana offenses shall be punishable as follows:
a. 
A person who cultivates marijuana plants that are visible by normal, unaided vision from a public place is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana, as authorized under Article XIV of the Missouri Constitution, as amended.
b. 
A person who cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana, as authorized under Article XIV of the Missouri Constitution, as amended.
c. 
A person who smokes marijuana in a public place is subject to a civil penalty not exceeding one hundred dollars ($100.00), as authorized under Article XIV of the Missouri Constitution, as amended.
d. 
A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers or distributes marijuana, or possesses, delivers or distributes marijuana accessories is subject to a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture of the marijuana. Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the fine, as authorized under Article XIV of the Missouri Constitution, as amended.
e. 
A person who possesses or produces, delivers without receiving any consideration or remuneration, or possesses with intent to deliver not more than twice the amount of marijuana to a person who is at least twenty-one (21) years of age, as authorized under Article XIV of the Missouri Constitution, as amended:
(1) 
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;
(2) 
For a second violation, is subject to a civil infraction punishable be a civil penalty not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana;
(3) 
For a third or subsequent violation, is subject to a violation punishable by a fine not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana; and,
(4) 
For 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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.[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 person commits the offense of possession of an imitation controlled substance if he or she knowingly possesses an imitation controlled substance.
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.
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. 
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should 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.
B. 
It is unlawful 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.
[CC 1975 §75.390; Ord. No. 90-14 §75.390, 5-15-1990]
A. 
A person violates this Section if:
1. 
He/she enters any schoolhouse, church, place of worship, or municipal building or courthouse, in which there is a lawful assemblage of people, in an intoxicated or disorderly condition; or
2. 
He/she drinks or takes illicit drugs in the presence of such assemblage; or
3. 
If in a municipal building or courthouse, he/she is in one of the states described in Subsections (1) and (2) above, he/she does not have to be in the presence of an assembly.
[CC 1975 §75.600; Ord. No. 90-14 §75.600, 5-15-1990]
A. 
The definitions as set forth in Section 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 a five hundred dollar ($500.00) fine, and ninety (90) days in the City or County Jail.
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.