A person commits the offense of possession of marijuana or any
synthetic cannabinoid, as both terms are defined in Section 195.010,
RSMo., if he/she knowingly possesses marijuana or any synthetic cannabinoid,
except as authorized by Chapter 579 or Chapter 195, RSMo.[2]
A person commits the offense of possession of a controlled substance,
as defined in Section 195.010, RSMo., if he/she knowingly possesses
a controlled substance, except as authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo.[2]
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.
A person commits the offense of unlawful possession of drug
paraphernalia if he/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.
[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.
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.
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.
[R.O. 2012 § 210.515; Ord. No.
1086 § I, 8-6-2001]
No person shall have in his/her possession with intent to consume
at any location specified in this Section any alcoholic beverage or
alcoholic beverage container with the seal broken on any public street,
public parking lot, public alley, public sidewalk or public park within
the designated municipal limits of the City of Portageville.
[R.O. 2012 § 210.532; Ord. No.
1207 § 1, 2-1-2010]
A.
EPHEDRINE
EPHEDRINE PRODUCT
PACKAGE
PERSON
SELL
Definitions. As used in this Section, the following words and/or
phrases shall have the following meanings as set forth herein.
All forms of ephedrine, pseudoephedrine, ephedrine hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all other combinations
of these chemicals.
Any product that contains ephedrine, its salts, isomers,
or salts of isomers as its sole active ingredient or in combination
with less than therapeutically significant qualities of other active
ingredients.
Any number of pills, tablets, capsules, caplets or individual
units of a substance held within a container intended for sale.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender or supply, whether for monetary gain or not.
B.
Restrictions On Public Access To Ephedrine Products. It shall be
illegal to sell, deliver or distribute ephedrine, pseudoephedrine,
their salts, their optical isomers or salts of their optical isomers
without a valid prescription from a physician or other health care
professional licensed by the State of Missouri or any State which
borders Missouri to write prescriptions and filled by a Missouri-licensed
pharmacist.
C.
Exception. The prohibition contained in Subsection (B) shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing natural occurring or herbal Ephedra and extract of Ephedra.
D.
Reporting Theft Of Ephedrine Products.
1.
Any person who sells ephedrine products and who discovers a
theft, disappearance or other loss of an ephedrine product shall report
the theft, disappearance or loss in writing to the Portageville Police
Department within twenty-four (24) hours of such a discovery.
2.
Any person who sells ephedrine products shall report to the
Portageville Police Department any difference between the quantity
of ephedrine products shipped and the quantity of ephedrine products
received within twenty-four (24) hours of discovery.
E.
Penalty And Injunctive Relief.
1.
Each violation of this Section shall be considered a separate
offense.
2.
The Mayor may institute an action for injunctive relief to enforce
the provisions of this Section.
3.
Every act or omission constituting a violation of any of the
provisions of this Section by any agent or employee of any person
shall be deemed and held to be the act of such person, and said person
shall be punishable in the same manner as if said act or omission
had been done or omitted by him/her or it personally, provided such
an act or omission was within the scope of employment or the scope
of authority of such agent or employee.
