[Ord. No. 10378, 1-5-2017; Ord. No. 10789, 2-16-2023]
A. A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in § 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except as allowed by Article
XIV, Section 1 or Section 2 of the Missouri Constitution, or Chapter 195, RSMo., 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 Article
XIV, Section 1 or Section 2 of Article
XIV of the Missouri Constitution or Chapter 195, RSMo., or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
B. A person who possesses, produces, delivers without receiving consideration or remuneration to another person who is a least 21 years of age, or possesses with intent to deliver, not more than twice the amount of marijuana allowed pursuant to Article
XIV, Section 2, Subsection 10 of the Missouri Constitution shall thereby commit a violation and be subject to civil penalty and forfeiture of the marijuana as provided in Article
XIV, Section 2, Subsection 10(6) of the Missouri Constitution, and set forth in Chapter
17, Art.
XIV, §
17-194 of the Code.
[Ord. No. 10378, 1-5-2017; Ord. No. 10789, 2-16-2023]
A person commits the offense of possession of a controlled substance,
as defined in § 195.010, RSMo., if he or she knowingly possesses
a controlled substance, not including marijuana, except as authorized
by Chapter 579, RSMo., or Chapter 195, RSMo.
[Ord. No. 10378, 1-5-2017]
A. The retail sale of methamphetamine precursor drugs shall be limited
to:
1. Sales in packages containing not more than a total of three grams
of one or more methamphetamine precursor drugs calculated in terms
of ephedrine base, pseudoephedrine base and phenylpropanolamine base;
and
2. For nonliquid products, sales in blister packs, each blister containing
not more than two 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 § 569.060, RSMo.
[Ord. No. 10378, 1-5-2017; Ord. No. 10789, 2-16-2023]
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 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 by Chapter 195, RSMo., or Chapter 579, RSMo., except as allowed by Article
XIV, Section 1 or Section 2 of the Missouri Constitution.
[Ord. No. 10378, 1-5-2017]
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. 10378, 1-5-2017]
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 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 §
17-184 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.
[Ord. No. 10378, 1-5-2017]
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 §§
17-184 and
17-185 hereof.
B. Any person who violates any provision of §§
17-184 through
17-185 is guilty of an ordinance violation for the first violation.
[Ord. No. 10789, 2-16-2023]
A. It is
an offense to deliver or distribute marijuana or marijuana accessories,
with or without consideration, to a person younger than 21 years of
age.
B. It is an offense for a person to deliver or distribute marijuana or marijuana accessories, with consideration, to a person 21 years of age or older, except those marijuana facilities licensed to distribute marijuana, marijuana-infused products, and marijuana accessories as allowed by Article
XIV, Section 1 or Section 2 of the Missouri Constitution.
[Ord. No. 10789, 2-16-2023]
It is an offense for a person younger than 21 years of age to purchase, possess, use, consume, transport marijuana or marijuana accessories. A person who is under 21 years of age who possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration three ounces or less of marijuana, or possesses, delivers without consideration or distributes without consideration marijuana accessories in violation of Article
XIV, Section 2, Subsection 10 of the Missouri Constitution.
[Ord. No. 10789, 2-16-2023]
A. It is
an offense for any person or entity to possess marijuana plants without
a valid registration for cultivation on file with the State of Missouri.
B. It is
an offense for any person or entity, except those facilities licensed
to do so by the State of Missouri, to keep more than 12 flowering
marijuana plants, more than 12 nonflowering plants (over 14 inches
tall), or more than 12 clones (plants under 14 inches tall).
C. Any person
or entity who cultivates marijuana plants shall keep the plants and
any marijuana produced by the plants at 1 private residence, in a
locked space, and in a place that is not visible by normal, unaided
vision from a public place. A person or entity who violates this subsection
(c) may be subject to a civil penalty not exceeding $250 and forfeiture
of the marijuana.
[Ord. No. 10789, 2-16-2023]
It is an offense for any person to possess or consume marijuana,
possess or consume a controlled substance, possess marijuana accessories,
or possess drug paraphernalia on the grounds of a public or private
preschool, elementary or secondary school, institution of higher education,
or in a school bus.
[Ord. No. 10789, 2-16-2023]
A. It is
an offense for any person to smoke marijuana or marijuana-infused
products:
1. While
operating or being in physical control of a motor vehicle, train,
aircraft, motorboat, or other motorized form of transportation while
it is being operated; or
2. Within
a motor vehicle, train, aircraft, motorboat, or other motorized form
of transport while it is being operated.
[Ord. No. 10789, 2-16-2023]
A. It is
an offense for any person to consume or smoke marijuana in:
1. Any location where smoking tobacco is prohibited as set forth in §
17-253 of the Code; or
2. In a
public place, other than in an area licensed for such activity by
the authorities having jurisdiction over the licensing and/or permitting
of said activity.
[Ord. No. 10789, 2-16-2023]
A. No sales
to persons under 21 years of age.
1. A person
who sells marijuana, including marijuana-infused products, or marijuana
accessories, shall deny the sale of such products to any person who
is less than 21 years of age.
2. A person
or entity selling marijuana, including marijuana-infused products,
or marijuana accessories, shall require proof of age from a prospective
purchaser or recipient if an ordinary person would conclude on the
basis of appearance that such prospective purchaser or recipient may
be under the age of 21.
3. The
operator's or chauffeur's license issued pursuant to the provisions
of § 302.177, RSMo., or the operator's or chauffeur's license
issued pursuant to the laws of any State or possession of the United
States to residents of those States or possessions, or an identification
card as provided for in § 302.181, RSMo., or the identification
card issued by any uniformed service of the United States, or a valid
passport shall be presented by the holder thereof upon request of
any owner or employee of an establishment that sells to marijuana,
including marijuana-infused products, or marijuana accessories, for
the purpose of aiding the registrant, agent or employee to determine
whether or not the person is at least 21 years of age when such person
desires to purchase or possess marijuana, including marijuana-infused
products, or marijuana accessories, procured from a vendor. Upon such
presentation, the owner or employee of the establishment shall compare
the photograph and physical characteristics noted on the license,
identification card or passport with the physical characteristics
of the person presenting the license, identification card or passport.
4. A person
cited for selling marijuana, including marijuana-infused products,
or marijuana accessories to any person less than 21 years of age in
violation of this Section shall conclusively be presumed to have reasonably
relied on proof of age of the purchaser or recipient, and such person
shall not be found guilty of such violation if such person raises
and proves as an affirmative defense that such individual presented
a driver's license or other government-issued photo identification
purporting to establish that such person was 21 years of age or older.
B. Persons
under 21 years of age prohibited from purchasing.
1. Any
person less than 21 years of age shall not purchase or attempt to
purchase marijuana, including marijuana-infused products, or marijuana
accessories.
2. Any
person less than 21 years of age shall not misrepresent his/her age
to purchase marijuana, including marijuana-infused products, or marijuana
accessories.
3. No person
shall, without authorization from the Department of Revenue, reproduce,
alter, modify, or misrepresent any chauffeur's license, motor vehicle
operator's license or identification card.
C. Proximity
to certain institutions. It shall be unlawful for any person to sell,
offer for sale, give away, or deliver marijuana, including marijuana-infused
products, or marijuana accessories, within 1,000 feet of any church,
day care center, elementary or secondary school.
D. Separate
offense. Each violation of the subsections of this section shall constitute
a separate offense.
[Ord. No. 10789, 2-16-2023]
A. A person
who smokes marijuana in a public place in violation of the law shall
be subject to a civil penalty not exceeding $100.
B. A person
who is under 21 years of age who possesses, uses, ingests, inhales,
transports, delivers without consideration or distributes without
consideration 3 ounces or less of marijuana, or possesses, delivers
without consideration, or distributes without consideration marijuana
accessories is subject to a civil penalty not to exceed $100 and forfeiture
of the marijuana. Any such person shall be provided the option of
attending up to 4 hours of drug education or counseling in lieu of
the fine.
C. A person
21 of age or older 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 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. For
a first violation, is subject to a civil infraction punishable by
a civil penalty not exceeding $250 and forfeiture of the marijuana;
2. For
a second violation, is subject to a civil infraction punishable by
a civil penalty not exceeding $500 and forfeiture of the marijuana;
3. For
a third or subsequent violation, is subject to a misdemeanor punishable
by a fine not exceeding $1,000 and forfeiture of the marijuana;
4. A person
under 21 years of age is subject to a civil penalty not to exceed
$250. Any such person shall be provided the option of attending up
to 8 hours of drug education or counseling in lieu of the fine; and
5. 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 $15 or the minimum
wage in effect at the time of judgment.
D. A person
who cultivates marijuana plants that are visible by normal, unaided
vision form a public place or who cultivates plants that are not kept
in a locked space is subject to a civil penalty not exceeding $250
and forfeiture of the marijuana.
E. For all other controlled substance violations, a person may be punished as provided in Chapter
1, Art.
I, §
1-8 of the Code.