[Ord. No. 2071, 3-6-2023]
A.
Possession;
More Than Four (4) Ounces. The following acts by a person at least
twenty-one (21) years of age are unlawful: purchasing, possessing,
consuming, using, ingesting, inhaling, processing, transporting, delivering
without consideration, or distributing without consideration four
(4) ounces or more of marijuana, or its equivalent.
B.
Possession;
Under Twenty-One (21) Years Of Age; Three (3) Ounces or Less. Except
as authorized by Article XIV of the Missouri Constitution, the following
acts by a person under twenty-one (21) years of age are unlawful:
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, and such person is subject to
a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture
of the marijuana, provided that 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.
C.
Possession;
Under Twenty-One (21) Years Of Age; Four (4) Ounces or More. Except
as authorized by Article XIV of the Missouri Constitution, the following
acts by a person under twenty-one (21) years of age are unlawful:
possesses, uses, ingests, inhales, transports, delivers without consideration
or distributes without consideration four (4) ounces or more of marijuana.
D.
Sale
To Persons Under Twenty-One (21). Except as authorized by Article
XIV of the Missouri Constitution, no person shall deliver to, transfer
to, or sell to persons under twenty-one (21) years of age marijuana
or marijuana paraphernalia and/or marijuana accessories. For purposes
of this Chapter, "marijuana accessories" means any
equipment, product, material, or combination of equipment, products,
or materials, which is specifically designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, ingesting, inhaling,
or otherwise introducing marijuana into the human body.
E.
Illegal
Growing. The following acts by a person are unlawful:
1.
Illegal Growing. Possessing, transporting, planting, cultivating,
harvesting, drying, processing, or manufacturing: i) more than six
(6) flowering marijuana plants, ii) more than six (6) non-flowering
marijuana plants, iii) more than six (6) clones, or iv) any lesser
number of such plants or clones if the person is not registered with
the Department of Health and Senior Services for cultivation of marijuana
plants pursuant to Article XIV, Section 2.4(24).
2.
Illegal Growing; Registered Cultivator. A person registered with
the Department of Health and Senior Services pursuant to Article XIV,
Section 2.4(24) for cultivation of marijuana plants within the limits
of Article XIV, Section 2.10(1)(b) shall not keep the plants and any
marijuana produced by the plants in excess of three (3) ounces at
more than one (1) private residence, or in an unlocked space, or in
a manner in which they are visible by normal, unaided vision from
a public place; and further, shall not keep more than twice the number
of allowable plants under Article XIV, Section 2.10(1)(b) in or on
the grounds of a private residence at one time.
3.
Illegal Growing; Visibility; Unregistered Cultivator. A person who
is not registered pursuant to Article XIV, Section 2.4(24) and who
cultivates marijuana plants that are visible by normal, unaided vision
from a public place.
4.
Illegal Growing; Unsecured; Unregistered Cultivator. A person who
is not registered pursuant to Article XIV, Section 2.4(24) and who
cultivates marijuana plants that are not kept in a locked space.
F.
Penalties.
1.
A person who possesses not more than twice the amount of marijuana
allowed pursuant to Mo. Const., Article XIV, produces not more than
twice the amount of marijuana allowed pursuant to Mo. Const., Article
XIV, delivers without receiving any consideration or remuneration
to a person who is at least twenty-one (21) years of age not more
than twice the amount of marijuana allowed by Mo. Const., Article
XIV, or possesses with intent to deliver not more than twice the amount
of marijuana allowed by Mo. Const., Article XIV:
a.
For a first violation, is subject to an ordinance violation punishable
by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture
of the marijuana.
b.
For a second violation and subsequent violations, is subject to an
ordinance violation punishable by a fine not exceeding five hundred
dollars ($500.00) and forfeiture of the marijuana.
c.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
d.
Except as provided in Mo. Const., Article XIV, Section 2.10(5), a
person under twenty-one (21) years of age is subject to a fine 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.
2.
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.
3.
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.
[Ord. No. 1678 §1, 6-7-2010; Ord. No. 1731 §2, 2-6-2012; Ord.
No. 2071, 3-6-2023]
A.
No
person shall smoke or consume marijuana in a public place. Violation
of this Subsection is subject to a civil penalty not exceeding one
hundred dollars ($100.00). For purposes of this Section, a "public place" means any public or private property, or
portion thereof, that is open to the public, including but not limited
to streets, sidewalks, trails, parks, and businesses in which the
public is invited or in which the public is permitted, but does not
include any area licensed for such activity by the City.
B.
No
person shall smoke marijuana in a location where smoking tobacco is
prohibited.
C.
No
person shall smoke marijuana in any building owned or leased by the
City, or on any property owned or leased by the City.
[Ord. No. 2071, 3-6-2023]
No person shall possess or consume marijuana or possess marijuana
accessories on the grounds of a public or private preschool, elementary
or secondary school, institution of higher education, in a school
bus, or on the grounds of any correctional facility.
[Ord. No. 1537 §2, 9-5-2006; Ord. No. 2071, 3-6-2023]
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 authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo., or Article XIV of the Missouri Constitution.[2]
[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.
B.
Except
as authorized by Sections 195.005 to 195.425, RSMo., or Article XIV
of the Missouri Constitution, and except as provided in Section 195.222,
RSMo., it is unlawful for any person to distribute, deliver, manufacture,
produce or attempt to distribute, deliver, manufacture or produce
a controlled substance or to possess with intent to distribute, deliver,
manufacture, or produce a controlled substance.
C.
Except
as authorized by Article XIV of the Missouri Constitution, It shall
be unlawful for any person to manufacture or produce a controlled
substance of any amount in a residence where a child resides or within
two thousand (2,000) feet of the real property comprising a public
or private elementary or secondary school, public vocational school
or a public or private junior college, college or university, or any
school bus.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1537 §1, 9-5-2006]
It shall be unlawful for any person to possess, deliver to another
person, possess with intent to deliver to another person, manufacture
with intent to deliver to another person, or cause to be delivered
to another person, any imitation controlled substance, as defined
by Section 195.010, 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 569.060, RSMo.
C.
It is unlawful for any person to possess any methamphetamine precursor
drug with the intent to manufacture amphetamine, methamphetamine or
any of their analogs. Possession of more than twenty-four (24) grams
of any methamphetamine precursor drug or combination of methamphetamine
precursor drugs shall be prima facie evidence of intent to violate
this Section. This Subsection shall not apply to any practitioner
or to any product possessed in the course of a legitimate business.
[Ord. No. 1537 §2, 9-5-2006]
A.
The
limits specified in this Section shall not apply to any quantity of
such product, mixture, or preparation which must be dispensed, sold,
or distributed in a pharmacy pursuant to a valid prescription.
B.
Within
any thirty-day period, no person shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, either as: a) the sole
active ingredient; or b) one (1) of the active ingredients of a combination
drug; or c) a combination of any of the products specified in items
a) and b) of this Subsection; in any total amount greater than nine
(9) grams, without regard to the number of transactions.
C.
Within
any twenty-four-hour period, no pharmacist, intern pharmacist, or
registered pharmacy technician shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, either as: a) the sole
active ingredient; or b) one (1) of the active ingredients of a combination
drug; or c) a combination of any of the products specified in items
a) and b) of this Subsection; in any total amount greater than three
and six-tenths (3.6) grams without regard to the number of transactions.
D.
All
packages of any compound, mixture, or preparation containing any detectable
quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts or optical isomers, or salts of optical isomers,
except those that are excluded from Schedule V in Subsection 17 or
18 of Section 195.017, RSMo., shall be offered for sale only from
behind a pharmacy counter where the public is not permitted, and only
by a registered pharmacist or registered pharmacy technician under
Section 195.017, RSMo.
E.
Each
pharmacy shall submit information regarding sales of any compound,
mixture, or preparation as specified in this Section in accordance
with transmission methods and frequency established by the Department
by regulation.
F.
This
Section shall not apply to the sale of any animal feed products containing
ephedrine or any naturally occurring or herbal ephedra or extract
of ephedra.
G.
All
logs, records, documents, and electronic information maintained for
the dispensing of these products shall be open for inspection and
copying by Municipal, County, and State or Federal Law Enforcement
Officers whose duty it is to enforce the controlled substances laws
of this State or the United States.
H.
All
persons who dispense or offer for sale pseudoephedrine and ephedrine
products, except those that are excluded from Schedule V in Subsection
17 or 18 of Section 195.017, RSMo., shall ensure that all such products
are located only behind a pharmacy counter where the public is not
permitted.
I.
The
penalty for a knowing or reckless violation of this Section is found
in Section 579.060, RSMo.
[Ord. No. 2071, 3-6-2023]
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 authorized by Article XIV
of the Missouri Constitution.
[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.
[Ord. No. 1439 §4, 4-19-2004]
Any person who appears to be incapacitated or intoxicated may
be taken by a Police Officer of the City to the person's residence,
to any available treatment service or to any appropriate local facility
which may, if necessary, include the City Jail. However, if any person
is taken into custody, said period of custody shall not exceed twelve
(12) hours.
