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.
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.
[Ord. No. 210.571 §§1
— 2, 11-20-2012]
A. It
is unlawful for any person to possess an imitation controlled substance
in violation of this Chapter. A person who violates this Section is
guilty of a Class A misdemeanor, punishable by sentence of no more
than one hundred eighty (180) days in the Webster County Jail and/or
up to a five hundred dollar ($500.00) fine, or a combination of both.
B. Definition
of "imitation controlled substance" is a substance
that is not a controlled substance, which by dosage unit appearance
(including color, shape, size and markings), or by representations
made, would lead a reasonable person to believe that the substance
is a controlled substance. In determining whether the substance is
an imitation controlled substance, the court or authority concerned
should consider, in addition to all other logically relevant factors,
the following:
1. Whether the substance was approved by the Federal Food and Drug Administration
for over-the-counter (non-prescription or non-legend) sales and was
sold in the Federal Food and Drug Administration approved package,
with the Federal Food and Drug Administration approved labeling information;
2. Statements made by an owner or by anyone else in control of the substance
concerning the nature of the substance, or its use or effect;
3. Whether the substance is packaged in a manner normally used for illicit
controlled substances;
4. Prior convictions, if any, of an owner, or anyone in control of the
object, under State or Federal law related to controlled substances
or fraud;
5. The proximity of the substances to controlled substances;
6. Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a placebo or registered investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
[Code 1999 §210.535; Ord. No. 415A §1, 12-12-1996]
A. No
person shall be in possession of any glass, can or open container
containing alcoholic liquor on any thoroughfare, street, sidewalk,
alley, parking lots or any other public way.
B. No
person shall have in his/her possession an open container containing
non-intoxicating beer, malt liquor, or intoxicating liquor within
or on a motor vehicle, including motorcycles, while parked or standing
on a public street or public parking lot in the City, or while such
vehicle is in motion.