[Code 1975 §16.42; CC 1989 §15-186]
The words and phrases as used in this Article shall have the
same meaning as set forth in Section 195.010, RSMo., as amended, and
such Section is hereby adopted in its entirety and incorporated herein
as if set forth herein verbatim.
[Ord. No. 4558, 2-13-2023]
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 allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution, Chapter 579 or Chapter 195, RSMo.
[Ord. No. 4558, 2-13-2023]
A person who is not a Missouri-licensed marijuana facility or
medical facility commits the offense of unlawful cultivation practices
if they cultivate marijuana plants in excess of the amount allowed
by law or that are visible by normal, unaided vision from a public
place or that are not kept in a locked space, and such person shall
be subject to a civil penalty not exceeding two hundred fifty dollars
($250.00) and forfeiture of the marijuana.
[Ord. No. 4558, 2-13-2023]
A.
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 allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution, Chapter 579, RSMo., or Chapter 195, RSMo.
B.
It
is an offense to deliver or distribute marijuana or marijuana accessories,
with or without consideration, to a person younger than twenty-one
(21) years of age.
C.
A person who possesses, produces, delivers without receiving consideration or remuneration to another person who is at least twenty-one (21) years of age, or possesses with intent to deliver, not more than twice the amount of marijuana allowed pursuant to Article XIV, Section 2, Subsection 10 of the Missouri Constitution, shall thereby commit a violation and be subject to civil penalty and forfeiture of the marijuana as provided in Article XIV, Section 2, Subsection 10(6) of the Missouri Constitution.
D.
It is an offense for a person younger than twenty-one (21) years of age to purchase, possess, use, consume, transport marijuana or marijuana accessories. A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers without consideration, or distributes without consideration three (3) ounces or less of marijuana, or possesses, delivers without consideration or distributes without consideration marijuana accessories in violation of Article XIV, Section 2, Subsection 10 of the Missouri Constitution, shall be 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 civil penalty.
E.
As
used herein, the term "marijuana accessories" shall mean any equipment,
product, material, or combination of equipment, products, or materials,
specifically designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, or ingesting, inhaling or otherwise introducing
marijuana into the human body.
[Code 1975 §16.43; CC 1989 §15-187; Ord. No. 4558, 2-13-2023]
A.
It is unlawful for any person to manufacture, possess, have under his/her control, sell, prescribe, administer, dispense, distribute, or compound any controlled, or counterfeit, substance, as defined by Chapter 195, RSMo., except as authorized in Chapters 195 and 579, RSMo., or Article XIV, Section 1 or Section 2 of the Missouri Constitution.
B.
It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or cause to be delivered any imitation controlled substance, as defined by Chapter 195, RSMo., except as authorized in Chapters 195 and 579, RSMo., or Article XIV, Section 1 or Section 2 of the Missouri Constitution.
C.
It
is an offense for any person to possess or consume marijuana or to
possess marijuana accessories on the grounds of a public or private
preschool, elementary or secondary school, institution of higher education,
or in a school bus.
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.
[Ord. No. 4558, 2-13-2023]
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., except as allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution.
[Ord. No. 4558, 2-13-2023]
A.
Except as authorized by Article XIV, Section 1 or Section 2 of the Missouri Constitution, 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.
Except as authorized by Article XIV, Section 1 or Section 2 of the Missouri Constitution, 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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
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 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 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, the prosecuting attorney
or circuit 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.
Upon
the conviction of the owner pursuant to this Section, the room, building,
structure, or inhabitable structure is subject to the provisions of
Sections 513.600 to 513.645, RSMo.
[1]
Editor's Note: The previous Code Section pertaining to User
to Keep in container in Which Obtained, which derived from former
RSMo., §195.110 was removed from this Offense Chapter as the
authorizing statute was repealed without replacement by SB 491 in
the 2014 Legislative Session, effective 1-1-2017.
