[R.O. 1997 § 216.010; Ord. No. 1793 § 1, 3-28-2011]
The City Council of the City of Wildwood
has found the manufacture, transportation, possession and sale of
methamphetamine to be inherently dangerous and that the chemical precursors
of methamphetamine and the by-products and wastes of methamphetamine
production are inherently dangerous and injurious to the public health,
safety and welfare of the citizens of the City. Regulation of the
sale of the chemical precursors to methamphetamine production, such
as ephedrine products and pseudoephedrine products, is necessary to
protect the citizens of the City and the general public.
[R.O. 1997 § 216.020; Ord. No. 1793 § 1, 3-28-2011]
For the purposes of this Chapter,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
A drug, substance, or immediate precursor in Schedules I
through V as defined in the Comprehensive Drug Control Act.[1]
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
To deliver other than by administering or dispensing a controlled
substance.
Substances recognized as drugs in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
or official National Formulary, or any supplement to any of them;
Substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in humans or animals;
Substances, other than food, intended to affect the structure
or any function of the body of humans or animals; and
Substances intended for use as a component of any article specified
in this definition. It does not include devices or their components,
parts or accessories.
All forms of ephedrine, ephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine precursor drug containing
these chemicals.
A substance which:
The State Department of Health and Senior Services has found
to be and by rule designates as being the principal compound commonly
used or produced primarily for use in the manufacture of a controlled
substance;
Is an immediate chemical intermediary used or likely to be used
in the manufacture of a controlled substance; and
The control of which is necessary to prevent, curtail or limit
the manufacture of the controlled substance.
The production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance or the preparation, compounding, packaging or labeling of
a narcotic or dangerous drug:
By a practitioner as an incident to his or her administering
or dispensing of a controlled substance or an imitation controlled
substance in the course of his or her professional practice; or
By a practitioner or his or her authorized agent under his or
her supervision for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale.
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity.
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Chapter shall be construed
as conferring on a person who is not registered nor licensed as a
pharmacist any authority, right or privilege that is not granted to
him/her by the pharmacy laws of this State.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
All forms of pseudoephedrine, pseudoephedrine hydrochloride
and all combinations of these chemicals and any methamphetamine precursor
drug containing these chemicals.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender, or supply, whether for monetary gain or not.
[1]
Editor's Note: See Chs. 195 and 579, RSMo.
[R.O. 1997 § 216.030; Ord. No. 1793 § 1, 3-28-2011]
It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in Section 216.040 of this Chapter.
[R.O. 1997 § 216.040; Ord. No. 1793 § 1, 3-28-2011]
A.
Ephedrine, pseudoephedrine or other methamphetamine
precursor drugs may be sold by a Missouri licensed pharmacist after
being authorized to do so by a written prescription from a physician
or other health care professional licensed by the State of Missouri
to write prescriptions.
B.
Ephedrine, pseudoephedrine or other methamphetamine
precursor drugs may be distributed by a licensed physician within
the physician's office, clinic, nursing home or other licensed health
care facility, provided the physician shall ensure all such products
are located only behind a pharmacy counter where the public is not
permitted.
C.
This Section regulating ephedrine, pseudoephedrine
or other methamphetamine precursor drugs shall not apply to the sale
of animal feed containing ephedrine or dietary supplement products
containing naturally occurring or herbal ephedra or extracts of herbal
ephedra.
[R.O. 1997 § 216.050; Ord. No. 1793 § 1, 3-28-2011]
It shall be prima facie proof that
a substance is regulated by this Chapter if the substance is contained
in its original packaging and is labeled as being ephedrine, pseudoephedrine
or other methamphetamine precursor drugs.
[R.O. 1997 § 216.060; Ord. No. 1793 § 1, 3-28-2011]
A.
All thefts, shortages, disappearances,
miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine
precursor drugs shall be reported to the Police Department of the
City within twenty-four (24) hours of discovery.
B.
Any person selling ephedrine, pseudoephedrine
or other methamphetamine precursor drugs shall report any difference
between the quantity of the aforementioned drugs shipped and the quantity
received to the Police Department of the City within twenty-four (24)
hours of discovery.
[R.O. 1997 § 216.070; Ord. No. 1793 § 1, 3-28-2011]
The City may seek injunctive relief
against any person who is in violation of this Chapter.
[R.O. 1997 § 216.080; Ord. No. 1793 § 1, 3-28-2011]
Each violation of this Chapter shall be considered a separate offense. Violation of this Chapter shall be punished under Section 100.140 of the Code of the City.
