[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, 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.