[Ord. No. 785, 7-15-2019; Ord.
No. 841, 2-21-2023]
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 relating to legalized marijuana.
[Ord. No. 785, 7-15-2019; Ord.
No. 841, 2-21-2023]
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 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 relating to legalized marijuana.
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. 785, 7-15-2019; Ord.
No. 841, 2-21-2023]
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 of Health and Senior Services relating 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, administer, 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.
The words and phrases as used in this Article shall have the
same meaning as set forth in Section 195.010, RSMo., as amended, and
such Section is hereby adopted in its entirety and incorporated herein
as if set forth herein verbatim.
[Ord. No. 785, 7-15-2019; Ord.
No. 841, 2-21-2023]
A.
It
is unlawful for any person to:
1.
Manufacture, possess, have under his/her control, sell, prescribe, administer, dispense, distribute or compound any controlled, or counterfeit, substance, except and only to the extent as authorized by Article XIV of the Missouri Constitution including any and all rules promulgated by the Missouri Department of Health and Senior Services relating to legalized marijuana, and except as authorized in Sections 195.005 to 195.425, RSMo.;
2.
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, administer, or otherwise introduce into the human body a controlled substance, or an imitation controlled substance, in violation of this Article, 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 of Health and Senior Services relating to legalized marijuana;
3.
Deliver, possess with intent to deliver, or manufacture 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, administer, or otherwise introduce into the human body a controlled substance, or an imitation controlled substance, in violation of this Article, 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 of Health and Senior Services relating to legalized marijuana;
4.
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, 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 of Health and Senior Services relating to legalized marijuana;
5.
Use, or to possess with intent to use, an imitation controlled substance
in violation of this Article;
6.
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;
7.
Deliver in any single over-the-counter sale more than three (3) packages
of any methamphetamine precursor drug or any combination of methamphetamine
precursor drugs.
a.
This Subsection shall not apply to any product labeled pursuant to
Federal regulation for use only in children under twelve (12) years
of age or to any products that the State Department of Health, upon
application of a manufacturer, exempts by rule from Section 195.417,
RSMo., as amended from time to time, because the product has been
formulated in such a way as to effectively prevent the conversion
of the active ingredient into methamphetamine or its salts or precursors.
b.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A)(7) shall not be penalized pursuant to this Subsection if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
c.
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
pack 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.
8.
Possession of more than twenty-four (24) grams of any methamphetamine
precursor drug or combination of methamphetamine precursor drugs shall
be prima facie evidence of intent to violate this Section. This Subsection
shall not apply to any practitioner or to any product possessed in
the course of a legitimate business.
[Ord. No. 785, 7-15-2019]
A person to whom, or for whose use, any controlled substance has been prescribed, sold or dispensed by a physician, dentist, podiatrist, or pharmacist, or other person authorized under the provisions of Section 195.050, RSMo., or a Qualifying Patient or Primary Caregiver, as defined in Article XIV, Section 1 of the Missouri Constitution, on behalf of such Qualifying Patient when acting pursuant to and only to extent authorized by Article XIV, Section 1 of the Missouri Constitution to whom, or for whose use medical marijuana has been prescribed, sold or dispensed through a properly licensed medical marijuana dispensary or when personally cultivating medical marijuana to the extent authorized by Article XIV, Section 1 of the Missouri Constitution, and the owner of any animal for which any such controlled substance has been prescribed, sold or dispensed by a veterinarian, may lawfully possess such controlled substance only in the container in which it was delivered to him/her by the person selling or dispensing the same, or in the case of lawful personal cultivation of medical marijuana, in the manner required by Article XIV, Section 1 of the Missouri Constitution and any and all rules and regulations promulgated by the Missouri Department of Health and Senior Service relating to legalized medical marijuana.
[Ord. No. 785, 7-15-2019; Ord.
No. 841, 2-21-2023]
Any room, building, or structure which is used for the illegal
use, keeping or selling of controlled substances shall be deemed a "public nuisance," except and only to the extent where such room, building, or structure is being operated in accordance with and as authorized by Article XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to legalized marijuana. No person shall keep or maintain such a public nuisance.
No person shall obtain, or attempt to obtain, a controlled substance,
or procure, or attempt to procure, the administration of the controlled
substance by fraud, deceit, misrepresentation or subterfuge; or by
the forgery or alteration of a prescription or of any written order,
or by the concealment of a material fact; or by the use of a false
name, or the giving of a false address.
[Ord. No. 841, 2-21-2023]
A.
Definition. For the purposes of this Section, "marijuana" shall mean:
Cannabis indica, Cannabis saliva, 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.
"Marijuana" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
B.
Use In Public Place Prohibited. It shall be unlawful to use marijuana
in a public place. A person who uses marijuana in a public place shall
be subject to a civil penalty of up to one hundred dollars ($100.00).
C.
Unlawful Visibility Or Keeping Of Marijuana. Notwithstanding anything
to the contrary, a person who cultivates marijuana plants that are
visible by normal, unaided vision from a public place or cultivates
marijuana plants not kept in a locked space is subject to a civil
penalty of up to two hundred fifty dollars ($250.00) and forfeiture
of the marijuana.
D.
Unlawful Use By A Person Under Twenty-One (21). Notwithstanding anything to the contrary, a person under twenty-one (21) who possess, uses, ingests, inhales, transports, delivers without consideration, or distributes without consideration three (3) ounces or less of marijuana, or possesses, delivers without consideration, or distributes without consideration marijuana accessories, as defined by Article XIV of the Missouri Constitution, is subject to a civil penalty of up to 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.
E.
Unlawful Amount Penalty. Notwithstanding anything to the contrary, a person who possesses, produces, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years or age, or possess with the intent to deliver an amount of marijuana that is not more than twice the amount of marijuana that person is authorized to possess by Article XIV of the Missouri Constitution shall be subject to:
1.
A civil penalty of up to two hundred fifty dollars ($250.00)
for the first violation;
2.
A civil penalty of up to five hundred dollars ($500.00) for
the second violation; and
3.
A civil penalty of up to a one thousand dollars ($1,000.00)
for the third and subsequent violations.
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Provided a person under twenty-one (21) years of age is subject
to a civil penalty not to exceed two hundred fifty dollars ($250.00)
with an option of attending up to eight (8) hours of drug education
or counseling in lieu of the fine. In addition, the Municipal Judge
may order that in lieu of payment, penalties under this Subsection
may be satisfied by the performance of community service with the
rate of pay-down associated with said service option the greater of
fifteen dollars ($15.00) or the minimum wage in effect.
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