[1]
Cross Reference: As to Offenses Concerning Controlled Substances, Ch. 210, Art. XIV.
Editor's Note: Article XIV, Medical Marijuana, of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
[Ord. No. 03-02-23, 3-27-2023]
A. 
A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance or controlled substance analog, as those terms are defined in Section 195.010, RSMo., except as authorized by Chapter 579, RSMo., Chapter 195, RSMo., but excluding the possession of marijuana if the amount is three (3) ounces or less.
B. 
In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this Section, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this Section, Chapter 579, RSMo., or Chapter 195, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
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 579.060, RSMo.
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.
[R.O. 2013 § 225.200; Ord. No. KK439 § 1, 2-4-1991; Ord. No. 10-02-19, 10-28-2019]
A. 
It shall be unlawful for any person to drink or encourage another to drink or open any container or any original package containing intoxicating liquor or malt liquor in or upon any public streets, alleys, sidewalks, parks or public thoroughfares of the City or in any railway station, bus station, theater, picture show house, bus, taxi or other public conveyance or any public school building or church;, unless authorized by another ordinance. Insofar as the Section applies, it shall be considered evidence of drinking for a person to have in this possession an open bottle, can or other open container of intoxicating liquor or malt liquor.
B. 
The Board of Alderman may, by majority vote of the Board, authorize the issuance of a special permit which shall temporarily exempt from this Section, special events, fairs, or other social gatherings. This permit shall specify the specific location which shall be exempted from this Section and shall only remain in effect for the duration of the special event, fair, or other social gathering. Issuance of a special permit shall not affect the enforcement of this Section at any other location not named in the permit.
C. 
The Chief of Police shall be authorized to revoke any special permit issued pursuant to this Section when the excessive consumption of any intoxicating liquor or malt liquor can be shown to be a contributing factor to any breach of the peace or other disturbance and the Chief of Police reasonably believes it to be in the interest of public safety.
D. 
For the purposes of this Section, the following definitions shall apply:
INTOXICATING LIQUOR
Alcoholic spirituous, vinous, fermented, malt or other liquors or combinations of liquor, a part of which is spirituous, vinous or fermented, and all preparation or mixtures for beverage purposes containing in excess of one-half of one percent (0.5%) of alcohol by volume.
MALT LIQUOR
That intoxicating liquor manufactured from hops or extract of hops or barely malt or wholesome grains or cereals and wholesome yeast and water containing in excess of one-half of one percent (0.5%) of alcohol by volume and commonly called and known as "beer."
ORIGINAL PACKAGE
At least one (1) container of not less than eight (8) ounces of any intoxicating liquor or malt liquor.
E. 
The prohibition in this Section shall not apply to the possession or consumption of intoxicating liquor or malt liquor in or at the following public facilities:
[Ord. No. 10-02-19, 10-28-2019]
1. 
The Lawson City Lake Property, including all grounds, areas, facilities or amenities thereupon.