[Ord. No. 11-19, 9-26-2019]
A.
No
person shall possess, or have under his or her control, any amount
of marijuana, except:
1.
A qualifying patient for their own personal use, in an amount no
greater than Missouri law allows; or
2.
A primary caregiver for a qualifying patient(s), but only when transporting
medical marijuana to a qualifying patient or when accompanying a qualifying
patient(s); or
3.
An owner or employee of a State licensed medical marijuana facility
while on the premises of said facility, or when transporting to a
qualifying patient's or primary caregiver's residence or another State
licensed medical marijuana facility.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 11-19, 9-26-2019[2]]
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.
A
person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance or controlled
substance analog, as those terms are defined in Section 195.010, RSMo.,
except as authorized by Chapter 579, RSMo., or Chapter 195, RSMo.,
but excluding the possession of marijuana or any synthetic cannabinoid.[3]
[3]
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.
A
person commits the offense of possession of marijuana if such person
is in possession of any amount of marijuana or synthetic cannabinoid,
except:
1.
A Qualified Patient for the patient's own personal use, in an amount
no larger than the law allows, or
2.
A Caretaker of a Qualified patient, or patients, but only when transporting
the Medical Marijuana to a Qualified Patient or when accompanying
a Qualified Patient or patients, or
3.
An owner or an employee of a Medical Marijuana Facility within the
enclosed building licensed as such, or when delivering directly to
a Qualified Patient's or Caretaker's residence or another Medical
Marijuana Facility.
C.
Definitions,
as used in this Chapter:
1.
The terms "marijuana," "Marijuana Infused Products," "Medical Marijuana,"
"Medical Marijuana Facility," "Qualified Patient," and "Caretaker
of a Qualified Patient" shall have the definition set forth in Article
XVI Section 1 of the Missouri Constitution.
2.
The term "directly" shall mean the shortest possible practicable
route from the Medical Marijuana Facility to the permitted destination
or destinations, without any voluntary detours or additional stops.
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 this Section, Chapter 579, RSMo., or Chapter 195, RSMo.,
and the burden of proof of any such exception, excuse, proviso or
exemption shall be upon the defendant.
[Ord. No. 11-16 § 1, 10-27-2016]
A.
Purpose. The Board of Trustees of the Village of Airport Drive has
found the manufacture, transportation, possession and sale of methamphetamine
to be inherently dangerous and that the chemical precursors of methamphetamine
and the by-products and wastes of methamphetamine production are inherently
dangerous and injurious to the public health, safety and welfare of
the citizens of the Village. Regulation of the sale of the chemical
precursors to methamphetamine production, such as ephedrine products
and pseudoephedrine products, is necessary to protect the citizens
of the Village.
B.
EPHEDRINE
METHAMPHETAMINE PRECURSOR DRUG
PACKAGE
PERSON
PSEUDOEPHEDRINE
SELL
Definitions. For the purposes of this Section, the following words
and phrases shall have the meanings respectively ascribed to them
by this Subsection:
All forms of ephedrine, ephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine precursor drug containing
these chemicals.
Any drug or substance as described in Section 195.246, RSMo.,
or Section 195.248, RSMo.
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity.
All forms of pseudoephedrine, pseudoephedrine hydrochloride
and all combinations of these chemicals and any methamphetamine precursor
drug containing these chemicals.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender, or supply, whether for monetary gain or not.
C.
Prohibition Of Sale Of Methamphetamine Precursor Drugs. It shall
be illegal for any person to sell, deliver or distribute ephedrine,
pseudoephedrine, and pseudoephedrine containing products, their salts,
their optical isomers or salts of their optical isomers or any other
methamphetamine precursor drugs except as set forth in the specific
exceptions contained in Section 210.535(D) of this Code.
D.
Exceptions.
1.
Ephedrine, pseudoephedrine and pseudoephedrine containing products,
their salts, their optical isomers or salts of their optical isomers
or other methamphetamine precursor drugs may be sold by a Missouri
licensed pharmacist after being authorized to do so by a written prescription
from a physician or other healthcare professional licensed by the
State of Missouri to write prescriptions.
2.
Ephedrine, pseudoephedrine and pseudoephedrine containing products,
their salts, their optical isomers or salts of their optical isomers
or other methamphetamine precursor drugs may be distributed by a licensed
physician within the physician's office, or any clinic, nursing home
or other licensed healthcare facility upon the orders of a physician
or other healthcare professional licensed by the State of Missouri
to write prescriptions.
3.
This Section regulating ephedrine, pseudoephedrine or other
methamphetamine precursor drugs shall not apply to the sale of animal
feed containing ephedrine or dietary supplement products containing
naturally occurring or herbal ephedra or extracts of herbal ephedra.
E.
Prima Facie Evidence. It shall be prima facie proof that .a substance
is regulated by this Section if the substance is contained in its
original packaging and is labeled as being ephedrine, pseudoephedrine
or other methamphetamine precursor drugs.
F.
Reporting Theft Of Methamphetamine Precursor Drugs.
1.
All thefts, shortages, disappearances, miscounts or other losses
of ephedrine, pseudoephedrine or other methamphetamine precursor drugs
shall be reported to the Police Department of the Village of Airport
Drive within twenty-four (24) hours of discovery.
2.
Any person selling ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall report any difference between the quantity of
the aforementioned drugs shipped and the quantity received to the
Police Department of the Village of Airport Drive within twenty-four
(24) hours of discovery.
G.
Injunctive Relief. The Village Attorney is hereby authorized to commence
proceedings seeking injunctive relief against any person who is in
violation of this Section upon the affirmative vote of the Board of
Trustees.
H.
Penalty. Every act or omission constituting a violation of any of the provisions of this Section by any agent or employee of any person shall be deemed and held to be an act of such person, and said person shall be punishable in the same manner as if said act or omission had been done or omitted by him/her or it personally, provided such an act or omission was within the scope of employment or the scope of authority of such agent or employee. Each such violation of this Section shall be considered a separate offense. Violation of this Section shall be punished as provided by Section 100.220 of the Code of Ordinances of the Village of Airport Drive, Missouri.
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 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. 11-19, 9-26-2019]
A.
The
Board of Trustees finds and determines that the substances described
below are often used as an alternative to marijuana; that the substances
are potentially dangerous to users; that hospitalizations have been
reported in connection with use of the substances; that the long-term
effects are not yet known; that the substances are not yet categorized
as illegal[ly] controlled substances under State or Federal law; and
that it is proper and necessary for the Board of Trustees to exercise
authority granted under Section 192.300, RSMo., to protect the public
health.
1.
As used in this Section, these terms are defined as follows:
a.
"Person" means a person, any form of corporation, partnership, wholesaler
or retailer.
b.
"Illegal smoking product" includes any substance, whether called
tobacco, herbs, incense, spice or any blend thereof, which includes
any one (1) or more of the following chemicals:
(1)
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2 yl)phenol);
(2)
(dexanabinol,(6aS, 1 OaS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-
methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
(3)
1-Pentyl-3-(1-naphthoyl)indole; or
(4)
Butly-3-(1-naphthoyl)indole;
|
Which products are sometimes known as "K2" or "Spice."
|
2.
It is unlawful for any person to sell, offer to sell or publicly
display for sale any illegal smoking product.
3.
It is unlawful for any person to knowingly possess any illegal smoking
product.
4.
Any person violating Subsection (A)(2) of this Section shall be guilty of a misdemeanor offense and, upon guilty plea or a finding of guilt, shall be subject to a jail sentence of up to thirty (30) days and a fine of up to five hundred dollars ($500.00).
5.
Any person violating Subsection (A)(2) of this Section a second or subsequent time shall be guilty of a misdemeanor offense and, upon a guilty plea or a finding of guilt, shall be subject to a jail sentence of up to ninety (90) days and a fine of up to five thousand dollars ($5,000.00).
6.
Any person violating Subsection (A)(3) of this Section shall be guilty of a misdemeanor offense and, upon guilty plea or a finding of guilt, shall be subject to a jail sentence of up to thirty (30) days and a fine up to five hundred dollars ($500.00).
7.
This Section shall be in effect and enforceable immediately upon
its enactment by the Board of Trustees.
8.
Except as authorized by Article XIV of the Missouri Constitution and Section 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his control a controlled substance.
a.
Any person who violates this Section with respect to any controlled
substance except thirty-five (35) grams or less of marijuana is guilty
of a Class C felony.
b.
Any person who violates this Section with respect to not more than
thirty-five (35) grams of marijuana is guilty of a Class A misdemeanor.
[Ord. No. 11-19, 9-26-2019]
Any person in possession of medical marijuana shall, immediately
upon request of any law enforcement officer, produce a valid identification
card issued by the Missouri Department of Health and Senior Services,
or its successor, authorizing them, as a qualifying patient or primary
caregiver, or employee of a licensed medical marijuana facility, to
access medical marijuana as provided by Missouri law. Any person who
fails to produce such identification card shall be guilty of violating
this Section. Violation of this Section shall be punishable by a fine
of up to five hundred dollars ($500.00) and/or up to ninety (90) days
in jail.
[Ord. No. 11-19, 9-26-2019]
A.
No
person shall administer medical marijuana in public.
B.
For the purpose of this Section, "administer" shall have the definition set forth in Article XIV, Section 1 of the Missouri Constitution.
C.
For
the purpose of this Section, the phrase "in public" shall mean any
place other than:
1.
The residence of the qualifying patient or primary caregiver administering
medical marijuana, or the residence of another person when the person
in control of the property has consented to the administering of medical
marijuana; or
2.
A licensed medical marijuana facility with the consent of the person(s)
in charge of that facility.
[Ord. No. 11-19, 9-26-2019]
No person shall dispose of medical marijuana or medical marijuana-infused
products except in accordance with the provisions of 19 CSR 30-95.
