[Ord. No. 658, 3-27-2023]
A. 
Definition. As used in this Section the following term shall have the meaning indicated:
MARIJUANA
As used herein, means Cannabis indica, Cannabis sativa, 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. It does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
B. 
Superior Laws. The ordinance violations established in this Section 210.1800 are subject to and may be excepted by Chapters 195 or 579, RSMo., by Article XIV of the Missouri Constitution, or by related State laws or regulations.
C. 
Under-Age Possession, Etc. A person under the age of twenty-one (21) years is prohibited from possessing, purchasing, consuming, selling, or distributing marijuana. Upon conviction such person shall be subject to forfeiture of the marijuana and a fine not to exceed one hundred dollars ($100.00). 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.
D. 
Sales Or Distribution To Under Age Person. A person at least twenty-one (21) years of age is prohibited from selling or distributing marijuana to a person under the age of twenty-one (21) years. Upon conviction thereof such person shall be subject to a fine and/or imprisonment as provided in Section 100.220 of the Crystal Lake Park City Code.
E. 
Maximum Product Quantities. A person is prohibited from possessing, purchasing, producing, selling, or delivering more than three (3) ounces of dried, unprocessed marijuana or its equivalent.
1. 
If the excessive product amount is not more than six (6) ounces, then upon conviction the perpetrator shall be subject to forfeiture of the marijuana, and:
a. 
For a first offense: a fine not to exceed two hundred fifty dollars ($250.00);
b. 
For a second offense, a fine not to exceed five hundred dollars ($500.00); and
c. 
For a third offense, a fine not to exceed one thousand dollars ($1,000.00).
2. 
If the excessive product amount is more than six (6) ounces, then upon conviction the perpetrator shall be subject to a fine and for imprisonment as provided in Section 100.220 of the Crystal Lake Park City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
F. 
Cultivation Restrictions.
1. 
It is unlawful for a person to transport, plant, cultivate, harvest, dry, process, or manufacture more than six (6) of each of the following: (a) flowering marijuana plants; (b) non-flowering marijuana plants [at least fourteen (14) inches tall]; or (c) clones, [less than fourteen (14) inches tall). Upon conviction, such person shall be subject to a fine and/or imprisonment, as provided in Section 100.220 of the Crystal Lake Park City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
2. 
It is unlawful for a person to keep the aforementioned plants, and any marijuana in excess of three (3) ounces produced by the plants, at a private residence in an unlocked space or in a manner that is visible by normal, unaided vision from a public place. Upon conviction, such person shall be subject to forfeiture of the marijuana and a fine of two hundred fifty dollars ($250.00).
3. 
It is unlawful for a property owner or occupant to permit the keeping of more than twelve (12) of each of the plants described in Subsection (F)(1) in or on the grounds of a private residence at one time. Upon conviction, such person shall be subject to a fine and/or imprisonment as provided in Section 100.220 of the Crystal Lake Park City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
G. 
Synthetic Cannabis. A person commits the offense of possession of a synthetic cannabinoid, as defined in Section 195.010, RSMo., if he or she possesses any synthetic cannabinoid.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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. 658, 3-27-2023]
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 as authorized by Chapters 195 or 579 of the Revised Statutes of Missouri or by Article XIV of the Missouri Constitution.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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 569.060, RSMo.
A. 
The limits specified in this Section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.
B. 
Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than nine (9) grams, without regard to the number of transactions.
C. 
Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than three and six-tenths (3.6) grams without regard to the number of transactions.
D. 
All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under Section 195.017, RSMo.
E. 
Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this Section in accordance with transmission methods and frequency established by the Department by regulation.
F. 
This Section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
G. 
All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by Municipal, County, and State or Federal Law Enforcement Officers whose duty it is to enforce the controlled substances laws of this State or the United States.
H. 
All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
I. 
The penalty for a knowing or reckless violation of this Section is found in Section 579.060, RSMo.
[Ord. No. 658, 3-27-2023]
A. 
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.
B. 
This Section shall not apply to the possession, use, or distribution of any drug paraphernalia by any person or entity licensed or authorized for such possession, use, or distribution pursuant to Article XIV of the Missouri Constitution or any related State law or regulation.
[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.