[R.O. 2013 § 245.010; Ord. No. 01-02-20, 1-27-2020; Ord. No. 03-02-23, 3-27-2023]
As used in this Article, the following terms shall mean:
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
A drug, substance, or immediate precursor in Schedules I
through V listed in Chapter 195, RSMo.
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
Lysergic acid diethylamide; or
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery.
A practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
All equipment, products, and materials of any kind which are
used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of Sections 195.005 to 195.425, RSMo., but not including
marijuana accessories. It includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose, and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
Capsules, balloons, envelopes, and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
Hypodermic syringes, needles, and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material,
except those for use with marijuana, that has become too small or
too short to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
In determining whether an object, product, substance, or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this Chapter or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Chapter or Chapter 579, RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this Chapter or Chapter 579, RSMo., shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
Including lysergic acid diethylamide, mescaline, psilocybin,
and various types of methoxyamphetamines.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size, and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration-approved
package, with the Federal Food and Drug Administration-approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
The proximity of the substances to controlled substances;
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance that it is alleged to imitate. Furthermore, an
imitation controlled substance does not include a placebo or registered
investigational drug either of which was manufactured, distributed,
possessed, or delivered in the ordinary course of professional practice
or research;
Stimulants such as amphetamines and methamphetamines;
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Persons required to obtain annual registration as issued
by the State Division of Health as provided by Section 195.030, RSMo.
The production, preparation, propagation, compounding, or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance by an individual for his/her own use or the preparation,
compounding, packaging, or labeling of a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching,
or chemical analysis and not for sale.
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to, Cannabis sativa L., except
industrial hemp, Cannabis indica, Cannabis americana, Cannabis ruderalis,
and Cannabis gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, sale, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
Any equipment, product, material, or a combination of equipment,
products, or materials, which is specifically designed for use in
planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body.
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Section shall be construed
as conferring on a person who is not registered or licensed as a pharmacist
any authority, right or privilege that is not granted to him/her by
the pharmacy laws of this State.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such on the primary caregiver's application for an identification card under the provisions of Article XIV, Section 1, of the Missouri Constitution or in other written notification to the Missouri Department of Health and Senior Services.
Includes the manufacture, planting, cultivation, growing,
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
A Missouri resident diagnosed with at least one (1) qualifying medical condition as defined by Article XIV, Section 1, of the Missouri Constitution.
A person who, in the usual course of business, stores drugs
for others, is lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he/she himself/herself has
not produced or prepared, on official written orders, but not on prescriptions.
[Ord. No. 03-02-23, 3-27-2023]
No person shall use or possess 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 Sections 195.005 to 195.425, RSMo.
[R.O. 2013 § 245.020; Ord. No. 01-02-20, 1-27-2020; Ord. No. 03-02-23, 3-27-2023]
A.
No person may possess more than three ounces (3) of recreational
marijuana nor more than the amount allowed by law of medical marijuana.
B.
No person under the age of twenty-one (21) years may possess, use,
ingest, inhale, transport, deliver with or without consideration,
marijuana or marijuana accessories, except that qualified patients
under the age of twenty-one (21) years may possess medical marijuana
or paraphernalia to the extent allowed by law. If the violation of
this Section involves three (3) ounces of marijuana or less, the penalty
shall be punishable by a fine not to exceed one hundred dollars ($100.00).
[Ord. No. 03-02-23, 3-27-2023]
A.
Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing more than six (6) flowering marijuana
plants, six non-flowering marijuana plants [over fourteen (14) inches
tall], and six (6) clones [plants under fourteen (14) inches tall];
or
B.
Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing marijuana plants without being registered
with the Department of Health and Senior Services for the cultivation
of marijuana plants; or
C.
Failing to keep in excess of three (3) ounces of such plants in a
locked space not visible by normal unaided vision from a public place;
or
D.
Growing or possessing such plants by a person under the age of twenty-one
(21) years;
E.
Sale to Persons Under Twenty-One (21). No person shall deliver to,
transfer to, or sell to persons twenty-one (21) years of age or older
marijuana or marijuana paraphernalia;
F.
Penalties. Subject to the limitations of this Section, a person who
possesses not more than twice the amount of marijuana allowed pursuant
to this Section, produces not more than twice the amount of marijuana
allowed pursuant to this Section, delivers without receiving any consideration
or remuneration to a person who is at least twenty-one (21) years
of age not more than twice the amount of marijuana allowed by this
Section, or possesses with intent to deliver not more than twice the
amount of marijuana allowed by this Section:
1.
A first violation is subject to an ordinance violation punishable
by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture
of the marijuana;
2.
A second violation and subsequent violations, is subject to
an ordinance violation punishable by a fine not exceeding five hundred
dollars ($500.00) and forfeiture of the marijuana;
3.
A person under twenty-one (21) years of age in violation of
this Section is subject to a fine not to exceed two hundred fifty
dollars ($250.00). Any such person shall be provided the option of
attending up to eight (8) hours of drug education or counseling in
lieu of the fine; and
4.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment per hour of
service.
[R.O. 2013 § 245.030; Ord. No. 01-02-20, 1-27-2020; Ord. No. 03-02-23, 3-27-2023]
A.
CONTROLLED SUBSTANCE AND DRUG
SIMULATED DRUG OR SIMULATED CONTROLLED SUBSTANCE
Definitions.
The following words, terms, and phrases, when used in this Section,
shall have the meanings ascribed to them in this Subsection, except
where the context clearly indicates a different meaning:
Have the same meaning as now or hereafter provided by State
Statute.
Either any product which identifies itself by using a common
name or slang term, similar name, similar term, or similar mark, imprint,
brand, stamp, or impression associated with a controlled substance
or drug; or any product which indicates on its label or accompanying
promotion material that the product simulates the effect of a controlled
substance or drug.
B.
Prohibited.
It shall be unlawful for any person to deliver any simulated drug
or simulated controlled substance to another person.
[Ord. No. 03-02-23, 3-27-2023]
Any person who is in possession of medical marijuana shall,
immediately upon the request of any Law Enforcement Officer, produce
a valid permit issued by the Missouri Department of Health and Senior
Services (or its successor) for such possession, including, but not
limited to, a qualified patient identification card, a qualified caretaker
card, or a similar card issued by another State. Any person who fails
to produce such a permit upon request shall be guilty of the offense
of failure to produce a medical marijuana permit. Conviction of this
offense shall be punishable by a fine not to exceed fifty dollars
($50.00).
[R.O. 2013 § 245.040; Ord. No. 01-02-20, 1-27-2020; Ord. No. 03-02-23, 3-27-2023]
A person commits the offense of driving under the influence
of marijuana if he/she operates a motor vehicle under the influence
of marijuana; provided, however, that the presence of marijuana in
the defendant's system alone shall not be sufficient proof that the
defendant was under the influence of marijuana.
[Ord. No. 03-02-23, 3-27-2023]
A.
To
the extent allowed by State law, marijuana may be cultivated in a
residential structure, provided:
1.
The structure is the primary residence of a primary caregiver or
qualifying patient or a person with a residential growing permit from
the Department of Health and Senior Services and the marijuana is
grown solely for the use of the qualifying patient who resides there
or who is under the care of the primary caretaker or for the sole
use of the permit holder;
2.
The residence has operating systems to assure that the emission of
fumes or vapors connected with the cultivation are not allowed out
of the building, or if the residence is in a multi-family building,
that such fumes and vapors are not allowed into any other residence;
3.
No manufacturing of marijuana products shall occur in any residence;
4.
The cultivation must comply with the security and other requirements
of State law and the rules of the Division of Health and Senior Services;
and
5.
The resident has notified the City Clerk, including providing proof
of eligibility, on a form provided by the City Clerk, so that Law
Enforcement and Code Officials will be aware that the cultivation
is lawfully taking place.
[R.O. 2013 § 245.050; Ord. No. 03-02-23, 3-27-2023]
A.
Persons
may consume marijuana in their private residence, or in the residence
of another with permission, but may not dispense or smoke marijuana
in such a manner that the marijuana smoke or odor, exits the residence.
If marijuana smoke or odor is capable of being detected by a person
of ordinary senses (including, but not limited to, any Police Officer)
beyond the property line of a single-family home or outside of the
owned or leased premises of a duplex or multi-family unit, there shall
be a rebuttable presumption that this Section has been violated. In
a multi-family or similar dwelling, marijuana may not be dispensed
or consumed in any common area.
B.
Violation
of this provision shall be punishable by a fine not to exceed one
hundred dollars ($100.00).
[Ord. No. 03-02-23, 3-27-2023]
A.
It shall be unlawful for any person to:
1.
Operate or be in physical control of any motor vehicle, train, aircraft,
motorboat, or other motorized forms of transport while under the influence
of marijuana. Notwithstanding the foregoing, a conviction of a person
who is at least twenty-one (21) years of age for any applicable offenses
shall require evidence that the person was in fact under the influence
of marijuana at the time the person was in physical control of the
motorized form of transport and not solely on the presence of tetrahydrocannabinol
(THC) or THC metabolites, or a combination thereof, in the person's
system;
2.
Consumption of marijuana while operating or being in physical control
of a motor vehicle, train, aircraft, motorboat, or other motorized
forms of transport while it is being operated; or
3.
Smoking marijuana within a motor vehicle, train, or aircraft. motorboat,
or another motorized form of transport while it is being operated.
[Ord. No. 03-02-23, 3-27-2023]
It shall be unlawful for a person to be in possession or consumption
of marijuana or possession of 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.
[Ord. No. 03-02-23, 3-27-2023]
A.
Smoking
marijuana in a location where smoking tobacco is prohibited, is prohibited.
B.
Consumption
of marijuana in a public place, other than in an area authorized by
the City for that purpose, is prohibited
C.
Restaurants
serving food that contains marijuana must register with the City and
provide notice on all public entrances and on all menus that certain
food contains marijuana.
D.
Violation
of this Section shall be punishable by a fine not to exceed one hundred
dollars ($100.00) for the first offense and not more than five hundred
dollars ($500.00) for subsequent offenses, as well as confiscation
of the marijuana.
[R.O. 2013 § 245.060; Ord. No. 03-02-23, 3-27-2023]
A.
As
used in this Section, the term "model glue" shall mean any glue or
cement of the type commonly used in the building of model airplanes,
boats, and automobiles, containing toluene, acetone, or other solvent
of chemical having the property of releasing toxic vapors.
B.
No
person shall, for the purpose of causing a condition of intoxication,
euphoria, excitement, exhilaration, stupefaction, or dulling of the
senses or nervous system, intentionally smell or inhale the fumes
from any model glue; provided, however, that this Section shall not
apply to the inhalation of any anesthesia for medical or dental purposes.
C.
No
person shall for the purpose of violating or aiding another to violate
any provision of this Section, intentionally possess, buy, sell, transfer
possession, or receive possession of any model glue.
[R.O. 2013 § 245.070; Ord. No.
07-02-10 § 1, 7-19-2010; Ord. No. 03-02-23, 3-27-2023]
A.
ILLEGAL SMOKING PRODUCT
PERSON
As used in this Section, the terms are defined as follows:
Includes any substance, whether called "Spice" or "K-2,"
tobacco, herbs, incense or any blend thereof, which includes any one
(1) or more of the following chemicals:
A person, any form of corporation or business entity, partnership,
wholesaler or retailer.
B.
It shall be unlawful for any person within the City to distribute,
deliver, sell, offer for sale, publicly display for sale, or attempt
to distribute, deliver or sell any illegal smoking product.
C.
It shall be unlawful for any person to knowingly possess or have
under his/her control any illegal smoking product.
D.
Any person who violates the provisions of this Section shall be punished
by a fine of not more than five hundred dollars ($500.00) or imprisonment
for not more than ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 01-02-20, 1-27-2020]
A.
No person shall administer medical marijuana in a public place.
B.
For the purpose of this Section, the term "administer" shall have the definition set forth in Article XIV, Section 1, of the Missouri Constitution.
C.
For the purpose of this Section, the term "public place" shall have
the definition set forth in 19 CSR 30-95.010.
D.
Any person who violates this Section is guilty of a misdemeanor and
upon conviction may be punished by a fine of not more than five hundred
dollars ($500.00) or imprisonment for not more than ninety (90) days,
or both.
[Ord. No. 01-02-20, 1-27-2020]
A.
No person shall dispose of medical marijuana or medical marijuana-infused
products except in the manner prescribed by 19 CSR 30-95.
B.
Any person who violates this Section is guilty of a misdemeanor and
upon conviction may be punished by a fine of not more than five hundred
dollars ($500.00) or imprisonment for not more than ninety (90) days,
or both.
