[Ord. No. 126, 6-11-2019]
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.
[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]
A. No
person shall administer medical marijuana in public.
B. As
used in this Section, the word "administer" shall have the definition
set forth in Article XVI, Section 1 of the Missouri Constitution.
C. As
used in this Section, the phase "in public" shall mean any place other
than:
1. The residence of the person administering medical marijuana or the
residence of another person when the person in control of that property
has consented to the administering of marijuana; or
2. A licensed medical facility with the consent of the person or persons
in charge of that facility.
[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. (RSMo. § 579.015, 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)
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)