[1]
Editor's Note: Article XIV of the Missouri Constitution may
provide exceptions to some of the provisions in this Article.
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, Section 1 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]
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, Section
1 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]
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.
Except and only to the extent as authorized by Article XIV,
Section 1 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.
[R.O. 2008 §215.425; Ord. No. 02-2008, 1-14-2008]
A.
Any
store, shop, warehouse, dwelling, building, vehicle, boat, aircraft
or other structure or place which is resorted to for the purpose of
possessing, keeping, transporting, distributing or manufacturing controlled
substances shall be deemed a public nuisance. No person shall keep
or maintain such a public nuisance.
B.
The
Attorney General, Circuit Attorney or Prosecuting Attorney may, in
addition to any criminal prosecutions, prosecute a suit in equity
to enjoin the public nuisance. If the court finds that the owner of
the room, building, structure or inhabitable structure knew that the
premises were being used for the illegal use, keeping or selling of
controlled substances, the court may order that the premises shall
not be occupied or used for such period as the court may determine,
not to exceed one (1) year.
C.
All
persons, including owners, lessees, officers, agents, inmates or employees,
aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance.
D.
It
is unlawful for a person to keep or maintain such a public nuisance.
In addition to any other criminal prosecutions, the Prosecuting Attorney
or Circuit Attorney may by information or indictment charge the owner
or the occupant, or both the owner and the occupant of the room, building,
structure or inhabitable structure, with the crime of keeping or maintaining
a public nuisance. Keeping or maintaining a public nuisance is a Class
C felony.
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 215.1840 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.
