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City of Richmond Heights, MO
St. Louis County
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Table of Contents
Table of Contents
[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.
[1]
State Law Reference: See Sections 579.078 and 579.080, 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.
[1]
State Law Reference: See Sections 579.015 and 579.020, RSMo.
[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.
[1]
State Law Reference: See Sections 195.418, 579.060, 579.082 and 579.110 RSMo.
[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.
[1]
State Law Reference: See Sections 579.040, 579.076, 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.
[1]
State Law Reference: See Section 579.074, RSMo.
[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.
[1]
State Law Reference: See Section 579.097, RSMo.
[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;
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 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.
[1]
State Law Reference: See Section 579.099, RSMo.
[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.
[1]
State Law Reference: See Sections 579.101 and 579.103 RSMo.