[1]
Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
[Ord. No. 2019-014, 10-2-2019]
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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
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.
[Ord. No. 2019-014, 10-2-2019]
For purposes of this Article, unless otherwise stated, the following definitions shall apply:
MARIJUANA OR SYNTHETIC CANNABINOID
"Marijuana" or "Synthetic Cannabinoid" are defined as set forth in this Article and, where applicable, in Article XIV, Section 1, of the Missouri Constitution.
PUBLIC PLACE
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 or more enclosed, private spaces where one 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.
[Ord. No. 2019-014, 10-2-2019]
A. 
No person shall possess or have under his/her control any amount of marijuana, except the following:
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.
B. 
For the purpose of this Code, "marijuana," "marihuana," "marijuana-infused products," "medical marijuana," "medical marijuana facility," "qualifying patient" and "primary caregiver" shall have the definitions set forth in Article XIV, Section 1, of the Missouri Constitution.
[Ord. No. 2019-014, 10-2-2019]
A. 
No person shall possess, or have under his/her control, any amount of synthetic cannabinoid.
B. 
As used in this Section, the term "synthetic cannabinoid" shall mean the following:
1. 
HU-210;
2. 
CP 47,497 and homologues;
3. 
JWH-018;
4. 
JWH-073;
5. 
JWH-398;
6. 
JWH-250;
7. 
Oleamide; or
8. 
Any synthetic cannabinoid substantially similar to any of the above.
[Ord. No. 2019-014, 10-2-2019]
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.
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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
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.
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 579.060, RSMo.
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 Missouri Department on Health and Senior Services related to legalized marijuana, 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.
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.
A. 
For purposes of this Section, the following terms mean:
DRUG MASKING PRODUCT
Synthetic urine, human urine, a substance designated to be added to human urine, or a substance designated to be added to or used on human hair or oral fluid for the purpose of defrauding an alcohol or a drug screening test.
SYNTHETIC URINE
A substance that is designated to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.
B. 
A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.
[Ord. No. 2026-005, 3-10-2026]
A. 
Definitions.
ADULTERATED
Means the addition of fentanyl or any other controlled substance, a synthesized alkaloid or semi-synthesized alkaloid, or another substance prohibited by law.
ALKALOID FRACTION
Means a portion of a plant or plant extract that contains primarily alkaloid compounds.
BUSINESS OWNER
Means any person with legal ownership of a licensed business establishment.
CONTROLLED SUBSTANCE
Means the definition as provided by State law in Section 195.010, RSMo.
KRATOM LEAF
Means the leaf of the Mitragnya speciosa plant in fresh, dehydrated, or dried form.
KRATOM LEAF EXTRACT
Means the material extracted from a kratom leaf through the application of a solvent consisting of water, ethanol, food-grade carbon dioxide, or another solvent allowed by Federal or State law to be used in the manufacturing of a food ingredient.
KRATOM PRODUCT
Means a food or dietary supplement that consists of, or contains, any part of a kratom leaf, a kratom leaf extract, or any kratom alkaloid, kratom constituent, or kratom metabolite. Kratom product shall not include any synthesized alkaloids or semi-synthesized alkaloids.
LICENSED BUSINESS ESTABLISHMENT
Means any business operating within the City pursuant to a license or permit issued by the City.
OPERATOR
Means any person who manages, directs, or controls the day-to-day operations of a licensed business establishment.
PROOF OF AGE
Means a driver's license or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid.
SEMI-SYNTHESIZED ALKALOIDS
Means an alkaloid or alkaloid derivative of the kratom leaf that has been created by chemical synthesis or biosynthetic means, including, but not limited to, fermentation, recombinant techniques, yeast-derived. techniques, and enzymatic techniques, rather than by traditional food preparation techniques such as heat or extracting.
B. 
Prohibited Kratom Products. It shall be unlawful for any person to sell, offer, deliver, or distribute a kratom product:
1. 
That is adulterated;
2. 
That contains a level of 7-hydroxymitragnme in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the kratom product;
3. 
That is a confection, mimics a candy product, or is manufactured, packaged, or distributed in a way that is appealing to children, including, but not limited to, the distinct shape of a human, an animal, or fruit;
4. 
That is combustible or intended for vaporization; or
5. 
That is a man-made kratom product or natural kratom.
C. 
Sale And Display Of Kratom Products To Those Under The Age Of Twenty-One (21).
1. 
It shall be unlawful for any person to sell, offer, deliver, or distribute any kratom products to any person under the age of twenty-one (21).
2. 
It shall be unlawful for any person to display or store kratom product in a retail location in a manner that will allow the products to be accessed by individuals under the age of twenty-one (21).
3. 
A person selling kratom products shall require proof of age as set forth in Section 210.2160 of the City Ordinances.
4. 
Misrepresentation Of Age To Obtain Kratom Product.
a. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any kratom. product, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
b. 
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any kratom product.
c. 
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any kratom product.
d. 
Kratom products may only be displayed for sale in such a manner that a person cannot have possession of the kratom product prior to the sale of the kratom product.
D. 
Revocation Of Business License. See Chapter 605.
E. 
Public Nuisance Declared. In addition to any penalty authorized by this Section, a violation of this Section is hereby deemed and declared to constitute a public nuisance and a business nuisance, and a violation of this Section by any owner, operator, manager, employee, or agent of the business constitutes grounds for revocation of a business license pursuant to Section 605.090 of the City Ordinances in addition to the punishment set forth below.
F. 
Penalties. Any person found guilty of a violation of this Section shall be punished as set forth in Section 100.220 of the City Ordinances. Each day that a violation exists is a separate offense.
G. 
It is the intent that each and every Subsection of Section 210.1880 shall be severable from every other Subsection.
[Ord. No. 2026-006, 3-10-2026]
A. 
As used in this Section, the following definitions shall apply:
CBD
Cannabidiol, a non-intoxicating cannabinoid found in cannabis and hemp.
CANNABINOIDS
Ligands that are either plant-derived, synthetic, or semi-synthetic, and have an affinity for and activity at cannabinoid receptors.
HEMP
The plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths percent (0.3%) on a dry weight basis.
HEMP-DERIVED INTOXICANTS
Any intoxicating Cannabinoids which have been derived, developed, processed, manipulated, converted, isomerized, and/or otherwise created from hemp.
INTOXICATING CANNABINOIDS
Any cannabinoid, however derived or created, that has an intoxicating effect when consumed or otherwise ingested, irrespective of whether the cannabinoid was created or developed through natural means or through chemical conversion, isomerization, synthetic derivation, heat, or any other process by which molecules may be manipulated or any cannabinoid, semi-synthetic or synthetic cannabinoid, or precursor to an intoxicating cannabinoid that may become intoxicating when heated, decarboxylated, or otherwise manipulated, excluding, without limitation, CBD.
INTOXICATING HEMP-DERIVED PRODUCTS
Any product which contains hemp-derived intoxicants, excluding, without limitation, CBD.
B. 
Providing Intoxicating Hemp-Derived Products To Minors — Unlawful.
1. 
No person shall procure for, sell, vend, give away or otherwise supply any intoxicating hemp-derived products in any quantity whatsoever to any person under the age of twenty-one (21) years, including but not limited to confections, mimics of a candy product, or is manufactured, packaged, or distributed in a way that is appealing to children, including, but not limited to, the distinct shape of a human, an animal, or fruit.
2. 
It shall be a defense to prosecution under Section 210.1940(B)(1) that the defendant sold the intoxicating hemp-derived products to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age and the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was at least twenty-one (21) years of age.
C. 
Misrepresentation Of Age To Obtain Intoxicating Hemp-Derived Products.
1. 
No person under the age of twenty-one (21) years shall represent, for the purpose of purchasing, asking for or in any way receiving any intoxicating hemp-derived products, that he/she has attained the age of twenty-one (21) years, except in cases authorized by law.
2. 
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating hemp-derived products.
D. 
No person under the age of twenty-one (21) years shall purchase or attempt to purchase, or have in his/her possession, any intoxicating hemp-derived products.
E. 
Intoxicating hemp-derived products may only be displayed for sale in such a manner that a person cannot have possession of the intoxicating hemp-derived product prior to the sale of the intoxicating hemp-derived product.
F. 
Revocation Of Business License. See Chapter 605.
G. 
Public Nuisance Declared. In addition to any penalty authorized by this Section, a violation of this Section is hereby deemed and declared to constitute a public nuisance and a business nuisance, and a violation of this Section by any owner, operator, manager, employee, or agent of the business constitutes grounds for revocation of a business license pursuant to Section 605.090 of the City Ordinances in addition to the punishment set forth below.
H. 
Penalties. Any person found guilty of a violation of this Section shall be punished as set forth in Section 100.220 of the City Ordinances. Each day that a violation exists is a separate offense.
I. 
It is the intent that each and every Subsection of Section 210.1890 shall be severable from every other Subsection.