City of Osage Beach, MO Article XI Offenses Concerning Drugs

Section 210.1800 Possession of Marijuana.

[Ord. No. 23.39, 6-15-2023]

A. The definitions used in Sections 210.1800 through 210.1830 shall be the same as used in Article XIV, Section 2, of the Missouri Constitution.

B. Offenses Involving Persons Under 21. It shall be unlawful to:

1. Deliver or distribute marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age;

2. Purchase, possess, use, or transport marijuana or marijuana accessories by a person younger than twenty-one (21) years of age;

3. Consume marijuana by a person younger than twenty-one (21) years of age.

C. Offenses Involving Vehicles. It shall be unlawful to:

1. Operate or be in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana. Conviction under this Subsection shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not rely solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system;

2. Consume marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated;

3. Smoke marijuana within a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.

D. Offenses Involving Public Places And Public Safety. It shall be unlawful to:

1. Possess, consume, smoke, or burn marijuana or possess marijuana accessories on the grounds of a playground, public or private preschool or day care facility, elementary or secondary school, institution of higher education, or in a school bus or other vehicle transporting children on behalf of any of the foregoing entities;

2. Possess, consume, smoke, or burn marijuana or possess marijuana accessories on the grounds of any correctional facility;

3. Possess, consume, smoke, or burn marijuana or possess marijuana accessories inside any courtroom or any secure area of City Hall, including, but not limited to, City offices and the Police Department;

4. Possess, consume, smoke, or burn marijuana in or on any property where the owner or other person in rightful control of said property (such as a lessee) elects to prohibit any or all of the above acts (i.e., prohibiting smoking but not possession), and posts prominent notice advising the public that marijuana may not be so used on the premises;

5. Smoke or burn marijuana on the grounds of any City-owned property, including, but not limited to, all parks, airports, buildings, parking lots, public works facilities, and City Hall;

6. Smoke or burn marijuana upon any public highway, street, sidewalk, alley, or right-of-way unless such place is expressly authorized for such use by the Board of Aldermen;

7. Smoke or burn marijuana in a location where smoking tobacco is prohibited, whether by law or by the owner or other person in rightful control of said location (such as a lessee);

8. Undertake any task while under the influence of marijuana, if doing so would constitute negligence, recklessness, or professional malpractice or would endanger persons or property.

E. Offenses Involving Growing, Manufacturing, And Licensing. It shall be unlawful to:

1. Perform solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol, unless licensed for this activity by the State of Missouri;

2. Cultivate flowering marijuana plants, non-flowering marijuana plants [over fourteen (14) inches tall], or clones for private use without a valid Missouri private cultivation registration card authorizing such cultivation;

3. Cultivate flowering marijuana plants, non-flowering marijuana plants [over fourteen (14) inches tall], or clones [plants under fourteen (14) inches tall] for private use in excess of the amounts permitted authorized by a valid Missouri private cultivation registration card;

4. Keep twelve (12) or more flowering marijuana plants, twelve (12) or more non-flowering marijuana plants [over fourteen (14) inches tall], or twelve (12) or more clones [plants under fourteen (14) inches tall] in or on the grounds of a private residence at one (1) time;

5. Keep in, or on, the grounds of a private residence an excess of three (3) ounces of marijuana produced by privately cultivated plants, in an unlocked space, or that is visible by normal, unaided vision from a public place;

6. Purchase, possess, consume, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration dried, unprocessed marijuana, or its equivalent in excess of three (3) ounces except as may be permitted by a person validly licensed by the State of Missouri to do so;

7. Cultivate marijuana plants that are visible by normal, unaided vision from a public place;

8. Violate the terms of any marijuana license issued by the State of Missouri;

9. Conduct any activities or engage in any conduct involving or relating to marijuana that requires a license from the State of Missouri without a valid license for such conduct or activity.

F. Violations of this Section shall be punishable under Section 100.190 of this Code, subject to the limits contained in Article XIV of the Missouri Constitution.

Section 210.1810 Possession of a Controlled Substance.

[Ord. No. 23.39, 6-15-2023]

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 unless otherwise authorized by Chapter 579, RSMo., or Chapter 195, RSMo. This Section shall not prohibit possession of marijuana as defined and permitted in Article XIV of the Missouri Constitution.

Section 210.1820 Limitations on the Retail Sale of Methamphetamine Precursor Drugs.

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.

Section 210.1830 Unlawful Possession of Drug Paraphernalia.

[Ord. No. 23.39, 6-15-2023]

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., unless explicitly authorized by Article XIV of the Missouri Constitution.

Section 210.1840 Inhalation or Inducing Others To Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

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.

Section 210.1850 Inducing, or Possession With Intent To Induce, Symptoms by Use of Solvents and Other Substances, Prohibited.

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.

Section 210.1860 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.1840 to 210.1850 — Penalty. [1]

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.

Section 210.1870 (Reserved) [1]

[1] Editor's Note: Former Section 210.1870, Regulating Erotic Dance Establishments, Erotic Dance and Erotic Dancers — Restrictions — Licensing and Records, was repealed 6-1-2023 by Ord. No. 23.40. See now Section 210.1570, Regulating Sexually Oriented Businesses.

Section 210.1880 Hashish And Synthetic Cannabinoids.

[Ord. No. 23.39, 6-15-2023]

A. It shall be unlawful to possess, sell, distribute, lend, rent, lease, give, exchange, display for sale, or transfer the following substances in the following quantities:

1. Hashish in the amount of five (5) grams or less;

2. Synthetic cannabinoids;

3. MDPV.

B. It shall be an affirmative defense to any violation of Subsection (A) if the possession, sale, distribution, or transfer, is in usual course of business or practice, or in the performance of their official duties by the following persons:

1. Persons licensed under the provisions of Chapters 330, 332, 334, 335, 338 and 340, RSMo.

2. Persons who procure controlled substances:

a. For handling by or under the supervision of persons employed by them, who are licensed under the provisions of Chapters 330, 332, 334, 335, 338 and 340, RSMo.

b. For the purpose of lawful research, teaching or testing and not for resale.

3. Hospitals and other institutions which procure controlled substances for lawful administration by persons described in Subsection (A).

4. Officers or employees or appropriate enforcement agencies of Federal, State or local governments, pursuant to their duties in enforcing the provisions of this Chapter.

5. Lawfully licensed manufacturers and wholesalers of controlled substances.

6. Carriers and warehousemen lawfully handling or distributing lawful controlled substances or drugs.

C. Definitions. As used in this Section, the following terms shall have the meanings indicated:

MDPV

1. Any substance containing the following, regardless of whether the substance is marketed as bath salts or otherwise:

a. 3.4-Methylenedioxyprovalerone;

b. Methylone;

c. Mephedrone;

d. 4-methoxymethcathinone;

e. 4-Fluoromethcathinone; or

f. 3-Fluoromethcathinone;

2. MDPV is commonly known by a number of names including, but not limited to, White Rush, Cloud 9, Ivory Wave, Ocean, Charge, Plus, White Lightening, Scarface, Hurricane Charlie, red Dove or White Dove.

SYNTHETIC CANNABINOID

Any natural or synthetic material, compound, mixture, or preparation, whether described as tobacco, herbs, incense, "Spice," "K2" or any blend thereof, that contains any quantity of a substance that is a cannabinoid receptor agonist, including, but not limited to, any substance listed in Section 195.017.2(4)(11), RSMo., and any analogues, homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, including:

1. 2-[(1R, 3S)-3-hydroxycyclohexyl]-5-(20methyloctan-2-yl)phenol (also known as "CP47, 497") and homologues;

2. (6aS, 10aS)-9-(hydroxmethyl)-6, 6-dimethy 1-3-(2-methyloctan-2-y1)-6a, 7,10,10atetrahydrobenzo[c]chromen-1-ol)(also known as "HY-211" or "Dexanabinol");

3. l-Pentyl-3-(I-naphthoyl)indole (also known as "Jwh-018"); or

4. Butyl-3-(l-naphthoyl)indole(also known as "JWH-073").

Section 210.1890 through Section 210.1960. (Reserved)