[Ord. No. 20-13, 6-16-2020]
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 Article XIV of the Missouri Constitution, Chapter 195, RSMo., or Chapter 579, RSMo. In any complaint, information, action or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Article XIV of the Missouri Constitution, Chapter 195, RSMo., or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant. Notwithstanding the foregoing, a person who meets the limitations and requirements of Article XIV, Section 1, Subsection 5(1) shall not be subject to arrest, liability or sanction, provided that they produce on demand by a Police Officer a valid qualifying patient identification card, a valid qualifying patient cultivation identification card, a valid physician certification while making application for an identification card, a valid primary caregiver identification card, or other proof of valid authorization including as issued by another State or political subdivision thereof.
Notwithstanding the foregoing, a person who meets the requirements of Article XIV of the Missouri Constitution regarding legalized marijuana and regulations issued pursuant thereto shall not be subject to arrest, liability or sanction.