[Ord. No. 23-014, 4-10-2023]
A. Except and only to the extent as authorized by Article
XIV of the Missouri Constitution including any and all rules and regulations promulgated by the department relating to legalized medical marijuana or legalized adult-use marijuana, it shall be unlawful for any person to knowingly use, or possess 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 imitation controlled substance in violation of this Article.
B. It
shall be unlawful for any person to knowingly possess an imitation
controlled substance.
C. No
person shall knowingly possess a controlled substance, except and
only to the extent as authorized by Ch. 579, RSMo., or Ch. 195, RSMo.,
as amended.
D. In
any complaint, information, or indictment, and in any action or proceeding
brought for the enforcement of any provision of this Section, it shall
not be necessary to include any exception, excuse, proviso, or exemption
contained in: (i) this Section, as amended, (ii) Ch. 579, RSMo., as
amended, or (iii) Ch. 195, RSMo., as amended, and the burden of proof
of any such exception, excuse, proviso or exemption shall be upon
the defendant.
1. No person under the age of twenty-one (21) years shall knowingly possess marijuana except as provided by Article
XIV of the Missouri Constitution.
2. A person at least twenty-one (21) years of age may not purchase, possess, consume, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration except as permitted under Article
XIV of the Missouri Constitution, as amended, over three ounces of dried, unprocessed marijuana, or its equivalent.
3. A person at least twenty-one (21) years of age may not possess, transport, plant, cultivate, harvest, dry, process, or manufacture more than six (6) flowering marijuana plants, six (6) non-flowering marijuana plants (over fourteen (14) inches tall), and six (6) clones (plants under fourteen (14) inches tall) in violation of Article
XIV of the Missouri Constitution.
4. A person may not purchase, possess, use, deliver, distribute, manufacture, transfer, or sell to persons under twenty-one (21) years of age marijuana accessories, except as provided by Article
XIV of the Missouri Constitution.
5. No person shall knowingly possess more than twice the amount of marijuana as authorized by Article
XIV of the Missouri Constitution.
6. The following may possess marijuana pursuant to Article
XIV of the Missouri Constitution and its accompanying State regulations:
a. A qualifying patient for the patient's own personal use, provided
that a qualifying patient shall not possess more than four (4) ounces
of dried, unprocessed marijuana in a thirty (30) day period, unless
such patient is able to possess more than such limits pursuant to
19 CSR 30-095.030(5)(E), as amended, in which case such person shall
not possess more than amount of marijuana the person's two (2) physicians
have certified the person to possess;
b. A primary caregiver for a qualifying patient(s), but only when transporting
marijuana to a qualifying patient(s) or when accompanying a qualifying
patient(s);
c. An owner or employee of a medical marijuana facility licensed by
the State of Missouri while on the premises of said facility, or when
transporting to a qualified patient's or primary caregiver's residence
or another medical marijuana facility licensed by the State of Missouri;
and
d. An adult at least twenty-one (21) years of age.
7. In any complaint or information, and in any action or proceeding
brought for the enforcement of any provision of any applicable Statutory
authority in the State of Missouri, it shall not be necessary to include
any exception, excuse, proviso, or exemption of any applicable Statutory
authority in the State of Missouri, and the burden of proof of any
such exception, excuse, proviso or exemption shall be upon the defendant.
8. Any person under the age of twenty-one (21) years old in possession of medical marijuana, including a marijuana-infused product, shall, immediately upon request of any Law Enforcement Officer, produce a valid identification card issued by either the department or the respective equivalent identification card or authorization issued by another State or political subdivision of another State, authorizing the person to possess the amount of marijuana in such person's possession as provided by Article
XIV of the Missouri Constitution, as amended. Any person who fails to produce such identification card as required by this Section shall be guilty of the offense of failure to produce a medical marijuana identification card.
9. No person shall consume marijuana, including marijuana for medical
use, in a public place. As used in this Section only, "public
place" means the same as the term defined by applicable Missouri
Regulations, as amended, which is any public or private property,
or portion of public or private property, that is open to the general
public, including, but not limited to, sidewalks, streets, bridges,
parks, schools, and businesses. However, for purposes of designating
a non-public place within a public place, the owner or entity with
control of any such property may, but is not required to, provide
one (1) or more enclosed, private spaces where one (1) qualifying
patient and, if required by the owner or entity with control of any
such property, a representative of such owner or entity, may congregate
for the qualifying patient to consume medical marijuana. The qualifying
patient may be accompanied by the family of the qualifying patient,
the qualifying patient's primary caregiver, and/or the qualifying
patient's physician. The owner or entity with control of any such
property may provide such a space by individual request or designate
such a space for ongoing use and may limit use of medical marijuana
in that space to uses that do not produce smoke. Any such permission
shall be given in writing and provided to the qualifying patient or
publicly posted prior to a qualifying patient's use of medical marijuana
in that space. "Public place" shall not include:
a. The residence of the person administering medical marijuana or the
residence of another person when the person in control of that property
has consented to the administering of marijuana; or
b. A licensed medical facility with the consent of the person or persons
in charge of that facility.
10. It shall be unlawful for any person over the age of twenty-one (21)
to have the plants and any marijuana in excess of three (3) ounces:
a. Kept at one (1) private residence visible from a public place; or
b. Kept in an unlocked space.
11. Consumption Of Adult-Use Marijuana In Public.
a. No person shall consume adult-use marijuana in a public place.
b. As used in this Section only, "public place" means
the same as the term defined by applicable Missouri Regulation, as
amended, which is any public or private property, or portion of public
or private property, that is open to the general public, including,
but not limited to, sidewalks, streets, bridges, parks, schools, and
businesses. "Public place" shall not include:
(1)
The residence of the person consuming adult-use marijuana or
the residence of another person when the person in control of that
property has consented to the consumption of adult-use marijuana;
or
(2)
An area licensed by the authorities having jurisdiction over
the. licensing and/or permitting of said activity.
12. Except and only to the extent as authorized by Article
XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the department relating to legalized medical marijuana or legalized adult-use marijuana, it shall be unlawful for any person under twenty-one (21) years of age to knowingly use, or possess with intent to use, marijuana accessories 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 marijuana, or imitation marijuana in violation of this Article, other than medical marijuana as allowed under Article
XIV of the Missouri Constitution.
13. The penalty for marijuana offenses shall be punishable as follows:
a. 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, as authorized under Article
XIV of the Missouri Constitution, as amended.
b. 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, as authorized under Article
XIV of the Missouri Constitution, as amended.
c. A person who smokes marijuana in a public place is subject to a civil penalty not exceeding one hundred dollars ($100.00) , as authorized under Article
XIV of the Missouri Constitution, as amended.
d. A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers or distributes marijuana, or possesses, delivers or distributes marijuana accessories is subject to a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture of the marijuana. 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, as authorized under Article
XIV of the Missouri Constitution, as amended.
e. A person who possesses or produces, delivers without receiving any consideration or remuneration, or possesses with intent to deliver not more than twice the amount of marijuana to a person who is at least twenty-one (21) years of age, as authorized under Article
XIV of the Missouri Constitution, as amended:
(1)
For a first violation, is subject to a civil infraction punishable
by a civil penalty not exceeding two hundred fifty dollars ($250.00)
and forfeiture of the marijuana;
(2)
For a second violation, is subject to a civil infraction punishable
be a civil penalty not exceeding five hundred dollars ($500.00) and
forfeiture of the marijuana;
(3)
For a third or subsequent violation, is subject to a violation
punishable by a fine not exceeding five hundred dollars ($500.00)
and forfeiture of the marijuana; and,
(4)
For a person under twenty-one (21) years of age is subject to
a civil penalty 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.
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.
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.
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.