[Ord. No. 126, 6-11-2019[2]]
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., or Chapter 195, RSMo.,
but excluding the possession of marijuana or any synthetic cannabinoid.
B.
A
person commits the offense of possession of marijuana if such person
is in possession of any amount of marijuana or synthetic cannabinoid,
except:
1.
A qualified patient for the patient's own personal use, in an amount
no larger than the law allows, or
2.
A caretaker of a qualified patient, or patients, but only when transporting
the medical marijuana to a qualified patient or when accompanying
a qualified patient or patients, or
3.
An owner or an employee of a medical marijuana facility within the
enclosed building licensed as such, or when delivering directly to
a qualified patient's or caretaker's residence or another medical
marijuana facility.
C.
Definitions,
as used in this Chapter:
1.
The terms "marijuana," "marijuana infused products," "medical marijuana,"
"medical marijuana facility," "qualified patient," and "caretaker
of a qualified patient" shall have the definition set forth in Article
XVI, Section 1 of the Missouri Constitution.
2.
The term "directly" shall mean the shortest possible practicable
route from the medical marijuana facility to the permitted destination
or destinations, without any voluntary detours or additional stops.
D.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
State Law Reference: For similar statutory provisions and
the elements setting the levels of this offense, see §§ 195.010,
195.017 and 579.015, RSMo.
[2]
Editor's Note: Ord. No. 126 also changed the title of this
Section from "Possession Of Marijuana Or Synthetic Cannabinoid" to
"Possession Or Control Of A Controlled Substance, Penalty."
[Ord. No. 126, 6-11-2019]
Any person who 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).
[Ord. No. 126, 6-11-2019]
[Ord. No. 126, 6-11-2019]
No person shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the licensee and designed to prohibit unauthorized access.
A person commits the offense of possession of a controlled substance, as defined in Section 195.010, RSMo., if he or she knowingly possesses a controlled substance, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2] (RSMo. § 579.015, 2014 effective 1-1-2017)
[Ord. No. 137, 3-9-2021]
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.
[1]
State Law Reference: Similar Statutory provisions, Section
195.418, RSMo., 2014 (effective 1-1-2017).
Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, 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 in violation of Chapter 579, RSMo., or Chapter 195, RSMo. (RSMo. § 579.074, 2014 effective 1-1-2017)
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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. (RSMo. § 579.097, 2014 effective 1-1-2017)
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 (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. (RSMo. § 579.099, 2014
effective 1-1-2017)
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 Sections 210.1840 and 210.1850 hereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
