[Ord. No. 5508, 3-6-2023]
A. Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person under the age of twenty-one (21) years to sell, offer to sell, give, or publicly display for sale, grow, cultivate, process, possess, compound or have under his/her control marijuana as defined in Article
XIV of the Missouri Constitution, or any illegal smoking product.
B. As
used in this Section, "illegal smoking product" shall include any
controlled substance, controlled substance analogue, counterfeit substance,
imitation controlled substance and synthetic cannabinoid as those
terms are defined by Section 195.010, RSMo.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
A person commits the offense of possession of an imitation controlled
substance if he or she knowingly possesses or delivers an imitation
controlled substance as defined by Chapter 195, RSMo.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
A person commits the offense of possession of a controlled substance if he or she knowingly possesses or delivers a controlled substance, except as authorized by Chapter 195 or Chapter 579, RSMo. In any complaint, information, action or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Chapter 195 or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant; provided, however, that this Section shall not prohibit a person twenty-one (21) years of age or older from possessing or having under his or her control marijuana as defined in Article
XIV of the Missouri Constitution in quantities as specifically allowed in said Article.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
A. A person commits the offense of unlawful sale, distribution, or purchase
of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
nine (9) grams to the same individual within a thirty-day period,
unless the amount is dispensed, sold, or distributed pursuant to a
valid prescription; or
2.
Purchases, receives, or otherwise acquires within a thirty (30)
day period, other than pursuant to a lawful transaction by a pharmacy
with its suppliers, 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
in a total amount greater than nine (9) grams, without regard to the
number of transactions, unless the amount is purchased, received,
or acquired pursuant to a valid prescription; or
3.
Purchases, receives, or otherwise acquires within a twenty-four
(24) hour period, other than pursuant to a lawful transaction by a
pharmacy with its suppliers, 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 in a total amount greater than three and six-tenths
(3.6) grams, without regard to the number of transactions, unless
the amount is purchased, received, or acquired pursuant to a valid
prescription; or
4.
Dispenses or offers drug products that are not excluded from
Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., and that
contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts, optical isomers, or salts of optical isomers,
without ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such products are
dispensed by a registered pharmacist or pharmacy technician under
Subsection 11 of Section 195.017, RSMo.; or
5.
Holds a retail sales license issued under Chapter 144, RSMo.,
and knowingly sells or dispenses packages that do not conform to the
packaging requirements of Section 195.418, RSMo., except that any
person who violates the packaging requirements of Section 195.418,
RSMo., and is considered the general owner or operator of the outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale shall not be penalized if he or she documents
that an employee training program was in place to provide the employee
who made the unlawful retail sale with information on the State and
Federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine.
B. A pharmacist, intern pharmacist, or registered pharmacy technician
commits the offense of unlawful sale, distribution, or purchase of
over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number
of packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, in a total amount greater
than three and six-tenths (3.6) grams to the same individual within
a twenty-four (24) hour period, unless the amount is dispensed, sold,
or distributed pursuant to a valid prescription; or
2.
Sells, distributes, dispenses or otherwise provides to an individual
under eighteen (18) years of age without a valid prescription any
number of packages of any drug product containing any detectable quantity
of pseudoephedrine, its salts, isomers, or salts of optical isomers,
or ephedrine, its salts or optical isomers, or salts of optical isomers.
C. A person
commits the offense of unlawful marketing of ephedrine or pseudoephedrine
if he or she knowingly markets, sells, distributes, advertises, or
labels any drug product containing ephedrine, its salts, optical isomers
and salts of optical isomers, or pseudoephedrine, its salts, optical
isomers and salts of optical isomers, for indication of stimulation,
mental alertness, weight loss, appetite control, energy or other indications
not approved under the pertinent Federal over-the-counter drug Final
Monograph or Tentative Final Monograph or approved new drug application.
D. A person
commits the offense of possession of methamphetamine precursors if
he or she knowingly possesses one (1) or more chemicals listed in
Subsection 2 of Section 195.400, RSMo., reagents, solvents, or any
other chemicals proven to be precursor ingredients of methamphetamine
or amphetamine, as established by expert testimony, with the intent
to manufacture, compound, convert, produce, process, prepare, test,
or otherwise alter that chemical to create a controlled substance
or a controlled substance analogue in violation of Chapter 579, RSMo.,
or Chapter 195, RSMo. Possession of more than twenty-four (24) grams
of ephedrine or pseudoephedrine shall be prima facie evidence of intent
to violate this Subsection. This Subsection shall not apply to any
practitioner or to any product possessed in the course of a legitimate
business.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
A. Definition. As used in this Section, the following term shall have
the following meaning:
ALCOHOLIC BEVERAGE
Any spirits, wine, beer, ale or other liquid containing more
than one-half of one percent (0.5%) of alcohol by volume, which is
fit for beverage purposes or intended for beverage purposes.
B. No person shall consume any alcoholic beverage while in or upon any
public park or public recreation field or on the commercial parking
lots of any shopping center open to the public within the City.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
No pedestrian may drink any beer, wine or spirituous or malt
liquors in or on any public street, sidewalk, alley, highway or thoroughfare,
or on any parking lot open to the public except in conjunction with
a street fair or similar gathering authorized by the City with specific
permission for consumption of alcoholic beverages in such locations.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
It is an offense for any person to distribute, deliver, or sell,
or possess or manufacture with intent to distribute, deliver or sell,
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 or otherwise introduce into the human body a controlled substance
or imitation controlled substance in violation of Chapter 195 or Chapter
579, RSMo.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
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 as defined in Chapter 195, RSMo., 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 as defined in Chapter 195, RSMo., in violation of Chapter 195 or Chapter 579, RSMo.; provided, however, that this Section shall not prohibit a person twenty-one (21) years of age or older from possessing or having under his or her control marijuana accessories as defined in Article
XIV of the Missouri Constitution.
[Ord. No. 5508, 3-6-2023]
A. It
is unlawful for any person to possess or consume marijuana, or possess
marijuana accessories, on the grounds of a public or private preschool,
elementary or secondary school, institution of higher education, in
a school bus, or on the grounds of any correctional facility, including
any jail or detention facility.
B. It is unlawful for any person to consume or smoke marijuana, as defined in Article
XIV of the Missouri Constitution, while: (a) operating; or (b) being in physical control of; or (c) being in, a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
C. It
is unlawful for any person to consume marijuana in a public area,
including parks, playgrounds, recreation facilities, festivals, in
or along parades, sports arenas, and other areas open to public gathering
and access.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
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. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
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;
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 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.
[Ord. No. 5349 § 1, 12-19-2016; Ord.
No. 5508, 3-6-2023]
No person shall intentionally possess, buy, sell or transfer any solvent, particularly toluol, ethyl alcohol, 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
215.875 and
215.880 hereof.