[Ord. No. 1989, 3-17-2020; Ord.
No. 2032, 3-7-2023]
A.
Definition. Marijuana, as used herein, means Cannabis indica, Cannabis
sativa, and Cannabis ruderalis, hybrids of such species, and any other
strains commonly understood within the scientific community to constitute
marijuana, as well as resin extracted from the marijuana plant and
marijuana-infused products. It does not include industrial hemp, as
defined by Missouri Statute, or commodities or products manufactured
from industrial hemp.
C.
Under-Age Possession, Etc. A person under the age of twenty-one (21)
years is prohibited from possessing, purchasing, consuming, selling,
or distributing marijuana. Upon conviction, such person shall be subject
to forfeiture of the marijuana and a fine not to exceed one hundred
dollars ($100.00). 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.
D.
Sales Or Distribution To Under-Age Person. A person at least twenty-one (21) years of age is prohibited from selling or distributing marijuana to a person under the age of twenty-one (21) years. Upon conviction thereof such person shall be subject to a fine and/or imprisonment as provided in Section 100.080 of the Rock Hill City Code.
E.
Maximum Product Quantities. A person is prohibited from possessing,
purchasing, producing, selling, or delivering more than three (3)
ounces of dried, unprocessed marijuana or its equivalent.
1.
If the excessive product amount is not more than six (6) ounces,
then upon conviction the perpetrator shall be subject to forfeiture
of the marijuana and:
2.
If the excessive product amount is more than six (6) ounces, then upon conviction the perpetrator shall be subject to a fine and/or imprisonment as provided in Section 100.080 of the Rock Hill City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
F.
Cultivation Restrictions.
1.
It is unlawful for a person to transport, plant, cultivate, harvest, dry, process, or manufacture more than six (6) of each of the following: (a) flowering marijuana plants; (b) non-flowering marijuana plants [at least fourteen (14) inches tall]; or (c) clones [less than fourteen (14) inches tall]. Upon conviction, such person shall be subject to a fine and/or imprisonment as provided in Section 100.080 of the Rock Hill City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
2.
It is unlawful for a person to keep the aforementioned plants,
and any marijuana in excess of three (3) ounces produced by the plants,
at a private residence in an unlocked space or in a manner that is
visible by normal, unaided vision from a public place. Upon conviction,
such person shall be subject to forfeiture of the marijuana and a
fine of two hundred fifty dollars ($250.00).
3.
It is unlawful for a property owner or occupant to permit the keeping of more than twelve (12) of each of the plants described in Subsection (F)(1) of this Subsection in or on the grounds of a private residence at one (1) time. Upon conviction, such person shall be subject to a fine and/or imprisonment as provided in Section 100.080 of the Rock Hill City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
G.
Synthetic Cannabinoid. A person commits the offense of possession
of a synthetic cannabinoid, as defined in Section 195.010, RSMo.,
if he or she possesses any synthetic cannabinoid.
[Ord. No. 1989, 3-17-2020; Ord.
No. 2032, 3-7-2023]
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, except as authorized by Chapter 579, RSMo., or Chapter 195, RSMo., or by Article XIV of the Missouri Constitution or any related State law or regulation.
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.
[Ord. No. 1989, 3-17-2020]
A.
A
person commits the offense of unlawful manufacture of drug paraphernalia
if he or she unlawfully manufactures with intent to deliver drug paraphernalia,
knowing, or under circumstances where one reasonably should know,
that it will be used 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 195 or Chapter
579, RSMo.
B.
The
offense of unlawful manufacture of drug paraphernalia is an ordinance
violation, unless done for commercial purposes.
C.
This Section shall not apply to the possession, use, or distribution of any drug paraphernalia by any person or entity licensed or authorized for such possession, use, or distribution pursuant to Article XIV of the Missouri Constitution or any related State law or regulation.
[Ord. No. 2032, 3-7-2023]
[1]
Note: Under certain circumstances, this offense can be a felony
under state law.
[Ord. No. 1989, 3-17-2020]
A.
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 irritation
controlled substance in violation of Chapter 579, RSMo., or Chapter
195, RSMo.
B.
This Section shall not apply to the possession, use, or distribution of any drug paraphernalia by any person or entity licensed or authorized for such possession, use, or distribution pursuant to Article XIV of the Missouri Constitution or any related State law or regulation.
[Ord. No. 2032, 3-7-2023]
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1989, 3-17-2020]
A.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia, provided that this Subsection shall not apply to the advertisement of any drug paraphernalia to be used by any person or entity licensed or authorized for such possession or distribution pursuant to Article XIV of the Missouri Constitution or any related State law or regulation.
[Ord. No. 2032, 3-7-2023]
B.
It
is unlawful for any person to place in any newspaper, magazine, handbill,
or other publication, or to post or distribute in any public place,
any advertisement or solicitation with reasonable knowledge that the
purpose of the advertisement or solicitation is to promote the distribution
of imitation controlled substances.
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.
