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City of Marceline, MO
Linn County
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Table of Contents
Table of Contents
[1]
Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
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 or she knowingly possesses marijuana or any synthetic cannabinoid, 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]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
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.
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]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
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.
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.
B. 
The penalty for a knowing violation of Subsection (A) of this Section is found in Section 579.060, RSMo.
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.
[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.
B. 
Any person who violates any provision of Sections 210.1840 through 210.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[R.O. 2003 § 210.460; Ord. No. 7.001 § 7.785, 6-18-1985]
A. 
Except as may otherwise be authorized by the City Council, no person shall drink or consume any intoxicating beverage upon any sidewalk, street, alleyway or other public place within the City limits.
B. 
A person who appears to be incapacitated or intoxicated may be taken by a Peace Officer to the person's residence, to any available treatment service, or to any other appropriate local facility, which may if necessary include a jail, for custody not to exceed twelve (12) hours.
C. 
Any officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to this Section if the officer has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol and he/she does not use unreasonable excessive force to detain such person.
D. 
Such immunity from prosecution includes the taking of reasonable action to protect himself/herself from harm by the intoxicated or incapacitated person.
[R.O. 2003 § 210.470; Ord. No. 7.007 § 1, 9-15-1987]
A. 
Notwithstanding the provisions of Section 210.1870(A), the consumption of intoxicating liquor shall be permitted at the Disney Park Complex under the following provisions:
1. 
The consumption of intoxicating liquor shall only be permitted after the issuance of a permit for same by the City Manager and/or Police Chief upon application and upon such terms and conditions as the City Manager may from time to time deem advisable and proper.
2. 
The permit shall be issued after proper application being made on a form to be provided by the City and shall be issued only where such consumption is to take place in conjunction with a picnic, family reunion or other gathering of individuals. Such permit shall be issued in the name of a responsible individual who shall sign the application requesting the permit.
3. 
Such permit shall be issued for one (1) day only and shall expire at 11:00 P.M. of the day for which it is issued.
4. 
The conduct of any individuals attending such gathering and consuming intoxicating liquor under the permit shall be in conformity with all ordinances and laws of the City of Marceline and State of Missouri. If conduct of one (1) or more of such individuals shall be in violation of any City ordinance or State Statute, any Law Enforcement Officer may revoke the permit immediately by advising the person to whom it was issued, or any other adult individual at the gathering in his/her absence, that the permit is revoked. Thereafter the consumption of all intoxicating liquor shall cease.
5. 
The permit shall specify the area or shelter of Disney Complex where such consumption may take place and shall not permit or allow consumption of intoxicating liquor in the area of the ball field or in the area of the swimming pool.
A. 
For purposes of this Section, the following terms mean:
DRUG MASKING PRODUCT
Synthetic urine, human urine, a substance designated to be added to human urine, or a substance designated to be added to or used on human hair or oral fluid for the purpose of defrauding an alcohol or a drug screening test.
SYNTHETIC URINE
A substance that is designated to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.
B. 
A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.