[Ord. No. 19-37, 9-23-2019]
A.
No person shall possess, or have under his control, any amount of
marijuana, except:
1.
A qualifying patient for their own personal use, in an amount
no greater than Missouri law allows; or
2.
A primary caregiver for a qualifying patient(s), but only when
transporting medical marijuana to a qualifying patient or when accompanying
a qualifying patient(s); or
3.
An owner or employee of a State-licensed medical marijuana facility
while on the premises of said facility, or when transporting to a
qualifying patient's or primary caregiver's residence or another State-licensed
medical marijuana facility.
[Ord. No. 19-37, 9-23-2019]
A.
A person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance or controlled
substance analog, as those terms are defined in Section 195.010, RSMo.,
except as authorized by Chapter 579, RSMo., or Chapter 195, RSMo.,
but excluding the possession of marijuana or any synthetic cannabinoid.
B.
A person commits the offense of possession of marijuana if such person
is in possession of any amount of marijuana or synthetic cannabinoid,
except:
1.
A qualified patient for the patient's own personal use, in an
amount no larger than the law allows; or
2.
A 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; or
3.
An owner or an employee of a medical marijuana facility within
the enclosed building licensed as such, or when delivering directly
to a qualified patient's or caretaker's residence or another medical
marijuana facility.
C.
Definitions, as used in this Chapter:
1.
The terms "marijuana," "marijuana-infused products," "medical marijuana," "medical marijuana facility," "qualified patient" and "caretaker of a qualified patient" shall have the definitions set forth in Article XVI, Section 1, of the Missouri Constitution.
2.
The term "directly" shall mean the shortest possible practicable
route from the medical marijuana facility to the permitted destination
or destinations, without any voluntary detours or additional stops.
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 this Section, Chapter 579, RSMo., or Chapter
195, RSMo., and the burden of proof of any such exception, excuse,
proviso or exemption shall be upon the defendant.
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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A person commits the offense of public use of an intoxicating
substance when he/she shall drink or otherwise consume any alcoholic
beverage, intoxicating liquor; or use any controlled substance or
narcotic drug in any street, public park or other public place.
[Ord. No. 19-37, 9-23-2019]
A.
The Board of Aldermen finds and determines that the substances described
below are often used as an alternative to marijuana; that the substances
are potentially dangerous to users; that hospitalizations have been
reported in connection with use of the substances; that the long-term
effects are not yet known; that the substances are not yet categorized
as illegal[ly] controlled substances under State or Federal law; and
that it is proper and necessary for the Board of Aldermen to exercise
authority granted under Section 192.300, RSMo., to protect the public
health.
1.
As used in this Section, these terms are defined as follows:
a.
PERSON — A person, any form of corporation, partnership,
wholesaler or retailer.
b.
ILLEGAL SMOKING PRODUCT — Includes any substance, whether
called tobacco, herbs, incense, spice or any blend thereof, which
includes any one (1) or more of the following chemicals:
(1)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2
yl)phenol);
(2)
(dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-o1);
(3)
1-Pentyl-3-(1-naphthoyl)indole; or
(4)
Butly-3-(1-naphthoyl)indole;
which products are sometimes known as "K2" or "Spice."
2.
It is unlawful for any person to sell, offer to sell or publicly
display for sale any illegal smoking product.
3.
It is unlawful for any person to knowingly possess any illegal
smoking product.
4.
Any person violating Subsection (A)(2) of this Section shall be guilty of a misdemeanor offense and, upon guilty plea or a finding of guilt, shall be subject to a jail sentence of up to thirty (30) days and a fine of up to five hundred dollars ($500.00).
5.
Any person violating Subsection (A)(2) of this Section a second or subsequent time shall be guilty of a misdemeanor offense and, upon a guilty plea or a finding of guilt, shall be subject to a jail sentence of up to ninety (90) days and a fine of up to five thousand dollars ($5,000.00).
6.
Any person violating Subsection (A)(3) of this Section shall be guilty of a misdemeanor offense and, upon guilty plea or a finding of guilt, shall be subject to a jail sentence of up to thirty (30) days and a fine up to five hundred dollars ($500.00).
7.
This Section shall be in effect and enforceable immediately
upon its enactment by the Board of Aldermen.
8.
Except as authorized by Article XIV of the Missouri Constitution and Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his control a controlled substance.
a.
Any person who violates this Section with respect to any controlled
substance except thirty-five (35) grams or less of marijuana is guilty
of a class C felony.
b.
Any person who violates this Section with respect to not more
than thirty-five (35) grams of marijuana is guilty of a class A misdemeanor.
[Ord. No. 19-37, 9-23-2019]
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, 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 violating
this Section. Violation of this Section shall be punishable by a fine
of up to five hundred dollars ($500.00) and/or up to ninety (90) days
in jail.
[Ord. No. 19-37, 9-23-2019]
A.
No person shall administer medical marijuana in public.
B.
For the purpose of this Section, "administer" shall have the definition set forth in Article XIV, Section 1, of the Missouri Constitution.
C.
For the purpose of this Section, the phrase "in public" shall mean
any place other than:
1.
The residence of the qualifying patient or primary caregiver
administering medical marijuana, or the residence of another person
when the person in control of the property has consented to the administering
of medical marijuana; or
2.
A licensed medical marijuana facility with the consent of the
person(s) in charge of that facility.
[Ord. No. 19-37, 9-23-2019]
No person shall dispose of medical marijuana or medical marijuana-infused
products except in accordance with the provisions of 19 CSR 30-95.
