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 Chapter 579 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 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. 
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.
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 215.1840 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.
It is unlawful for any person to deliver, possess with intent to deliver, or cause to be delivered any imitation controlled substance.
[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.
A. 
A person commits the offense of fraudulently attempting to obtain a controlled substance if he or she knowingly obtains or attempts to obtain a controlled substance, or knowingly procures or attempts to procure an administration of the controlled substance by fraud. The offense of fraudulently attempting to obtain a controlled substance shall include, but shall not be limited to nor be limited by, the following:
1. 
Knowingly making a false statement in any prescription, order, report, or record, required by this Chapter or Chapter 195, RSMo.;
2. 
For the purpose of obtaining a controlled substance, falsely assuming the title of, or representing oneself to be, a manufacturer, wholesaler, pharmacist, physician, dentist, podiatrist, veterinarian, nurse, or other authorized person;
3. 
Making or uttering any false or forged prescription or false or forged written order;
4. 
Affixing any false or forged label to a package or receptacle containing controlled substances;
5. 
Possessing a false or forged prescription with intent to obtain a controlled substance.
B. 
Information communicated to a physician in an effort unlawfully to procure a controlled substance or unlawfully to procure the administration of any such drug is not deemed a privileged communication; provided, however, that no physician or surgeon shall be competent to testify concerning any information which he or she may have acquired from any patient while attending him or her in a professional character and which information was necessary to enable him or her to prescribe for such patient as a physician, or to perform any act for him or her as a surgeon.
[Ord. No. 3054 §1, 4-2-2012]
A. 
For the purpose of this Section, the following terms are defined:
ALCOHOLIC BEVERAGE
Any alcoholic liquor as defined now and hereafter by the Revised Statutes of Missouri. Currently, "alcoholic liquor" is defined by Section 311.020, RSMo.
CONTROL
Any form of authority, regulation, responsibility or dominion, including a possessory right.
DRUG
For the purposes of this Section, a controlled substance as defined and described now or hereafter by the Revised Statutes of Missouri. Currently, controlled substances are defined and described by Sections 195.005 — 195.425, RSMo. (Chapter 195).
ENFORCEMENT SERVICES
The salaries and benefits of Police Officers or other code enforcement personnel for the amount of time actually spent in responding to, or in remaining at, the open house party, gathering or event and the administrative costs attributable to the incident; the actual cost of any medical treatment to injured Police Officers or other code enforcement personnel; the cost of repairing any damaged City equipment or property; and the cost arising from the use of any damaged equipment in responding to or remaining at the party, gathering or event.
MINOR
A person not legally permitted by reason of age to possess or purchase alcoholic liquor as described now or hereafter by the Revised Statutes of Missouri.
OPEN HOUSE PARTY
A social gathering, party or event at a residence or premises of a person who is the:
1. 
Person(s) who owns, rents, leases or otherwise has control of the premises where the party, gathering or event takes place;
2. 
The person(s) in charge of the premises at the time of the social gathering, party or event; or
3. 
The person(s) who organized the social gathering, party or event.
PERSON(S) RESPONSIBLE FOR THE EVENT
Includes, but is not limited to:
1. 
The person(s) who owns, rents, leases or otherwise has control of the premises where the party, gathering or event takes place;
2. 
The person(s) in charge of the premises; or
3. 
The person(s) who organized the event. If a person responsible for the event is a juvenile, then the parents or guardians of that juvenile will be jointly and severally liable for the costs incurred for enforcement services pursuant to this Section.
RESIDENCE OR PREMISES
A motel room, hotel room, home, apartment, condominium or other dwelling unit, including the curtilage of a dwelling unit or a hall, meeting room or other place of assembly, whether occupied as a dwelling or specifically for social functions and whether owned, leased, rented or used with or without compensation.
B. 
Prohibited Activities. No person who is:
1. 
The person(s) who owns, rents, leases or otherwise has control of the premises where the open house party, gathering or event takes place;
2. 
The person(s) in charge of the premises; or
3. 
The person(s) who organized the event, whether present at the premises or not, shall allow an open house party to take place at any premises if any alcoholic beverage or drug is possessed or consumed at, within or on said premises by any minor where said person knew, or reasonably should have known, that any alcoholic beverage or drug was in the possession of or being consumed by a minor at said premises and where said person failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug by a minor at the residence or premises.
The provisions of this Subsection shall not apply to:
1.
The consumption, use or possession of a drug by a minor pursuant to a lawful prescription for each drug.
2.
Religious observances or prescribed medical treatments.
3.
The possession by a minor of alcoholic beverages or lawfully prescribed drugs incidental to the lawful employment of such minor.
C. 
Penalty.
1. 
Any person violating any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment.
2. 
When an open house party, gathering or event occurs on private property and any alcoholic beverage or drug is possessed or consumed at said premises by any minor and a Police Officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person(s) responsible for the event may, upon conviction, have the cost of providing enforcement services to control the threat to the public peace, health, safety or general welfare assessed against said person(s) by the judge of the Municipal Court as court costs. The amount assessed as a court costs for enforcement services may include the cost of personnel and equipment but shall not exceed one thousand dollars ($1,000.00) for a single social gathering, party or event.
Such amount assessed as costs is deemed to be supplementary and additional to all other applicable fines and penalties; and the City does not hereby waive its right to seek reimbursement for actual costs exceeding the above amount through other legal remedies or procedures. Any person owing money shall be liable in an action brought in the name of the City for recovery of such amount, including reasonable attorney fees.
It shall be unlawful for any person in this state to enter any schoolhouse or church house in which there is an assemblage of people, met for a lawful purpose, or any courthouse, in a drunken or intoxicated and disorderly condition, or to drink or offer to drink any intoxicating liquors in the presence of such assembly of people, or in any courthouse within this state and any person or persons so doing shall be guilty of a misdemeanor; unless, however, the circuit court has by local rule authorized law library associations to conduct social events after business hours in any courthouse.