[Ord. No. 903, 12-29-2016; Ord. No. 1035, 2-9-2023]
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 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.
[Ord. No. 903, 12-29-2016; Ord. No. 1035, 2-9-2023]
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 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.
[Ord. No. 903, 12-29-2016]
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.
[Ord. No. 903, 12-29-2016; Ord. No. 1035, 2-9-2023]
Except and only to the extent as authorized by Article
XIV 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, inhale, administer, 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.
[Ord. No. 903, 12-29-2016]
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.
[Ord. No. 903, 12-29-2016]
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;
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.
[Ord. No. 903, 12-29-2016]
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.
[R.O. 1992 § 215.343; Ord. No. 743 § 1, 12-8-2011; Ord. No. 903, 12-29-2016; Ord. No. 1035, 2-9-2023]
It shall be unlawful for any person to offer for sale, or display for sale with intent to sell, drug paraphernalia within the City, except and only to the extent as authorized by Article
XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to legalized marijuana.
[R.O. 1992 § 215.345; Ord. No. 743 § 1, 12-8-2011; Ord. No. 903, 12-29-2016; Ord. No. 1035, 2-9-2023]
It shall be unlawful for any person to place in any newspaper, magazine, handbill or other media, whether printed or electronic, circulated or intended to be circulated within the boundaries of the City any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia, except and only to the extent as authorized by Article
XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to legalized marijuana.
[R.O. 1992 § 215.347; Ord. No. 733 § 1, 4-14-2011; Ord. No. 903, 12-29-2016]
A. Definitions. For the purposes of this Section,
the following terms shall have the meanings ascribed to them below:
CANNABIMIMETIC AGENTS
Unless specifically exempted, any material, compound, mixture
or preparation which contains any quantity of cannabimimetic agent,
their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation. As used in this Section, cannabimimetic
agents mean:
a.
Any substance that is a cannabinoid
receptor type 1 (CB 1 receptor) agonist as demonstrated by binding
studies and functional assays within the following structural class's:
(1)
2-(3-hydroxycyclohexyl)phenol with
substitution at the 5-position of the phenolic ring by alkyl or alkenyl,
whether or not substituted on the cyclohexyl ring to any extent;
(2)
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole
by substitution at the nitrogen atom of the indole ring, whether or
not further substituted on the indole ring to any extent, whether
or not substituted on the naphthoyl or naphthoyl ring to any extent;
(3)
3-(1-naphthoyl)pyrrole by substitution
at the nitrogen atom of the pyrrole ring, whether or not further substituted
in the indole ring to any extent, whether or not substituted on the
naphthoyl ring to any extent;
(4)
1-(1-napththylmethylindene by substituted
of the 3-position of the indene ring, whether or not further substituted
in the indene ring to any extent, whether or not substituted on the
naphthoyl ring to any extent; or
(5)
3-phenylacetylindole or 3-benzoylindole
by substitution at the nitrogen atom of the indole ring, whether or
not further substituted in the indole ring to any extent, whether
or not substituted on the phenyl ring to any extent.
b.
Any substance which includes any
one (1) or more of the following chemicals:
(1)
CP 47,497; 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
(2)
Cannabicyclohexanol; 5-(1,1-dimethylocty
1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
(3)
HU-210; [(6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethy
1-3-(2-methyloctan-2y1)-6 a, 7,10, 10a- tetrahydrobenzo[c] chromen-1-o1)];
(4)
HU-211; (dexanabinol, (6aS, 10aS)-9-(hydroxymethyl)-6,
6-dimethyl-3(2-methyloctan-2-y1)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol)
(5)
JWH-015; (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone;
(6)
JWH-018; 1-penty 1-3-(1-naphthoyl)indole;
(7)
JWH-019; 1-hexy 1-3-(1-naphthoyl)indole;
(8)
JWH-073; 1-buty1-3-(1-naphthoyl)indole;
(9)
JWH-081; 1-penty 1-3-[1-4-methoxynaphthoyl)]indole;
(10)
JWH-122; 1-penty 1-3-(4-methyl-1-naphthoyl)indole;
(11)
JWH-200; 1-[2-(4-morpholiny1]-3-(1-naphthoyl)indole;
(12)
JWH-203; 1-penty 1-3-(2-chlorophenylacetyl)indole;
(13)
JWH-250; 1-penty 1-3-(2-methoxyphenylacetyl)indole;
(14)
JWH-398; 1-penty 1-3-(4-chloro-1-naphthoyl)indole;
(15)
AM2201; 1-(5-fluoropenty1)-3-(1-naphthoyl)indole;
(16)
AM694; 1-(5-fluoropenty1)-3-(2-iodobenzoyl)indole;
(17)
SR-19 and RCS-4; 1-penty1-3-(4-methoxy-benzoyl)indole;
and
(18)
SR-18 and RCS-8; 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indol.
ILLEGAL SMOKING PRODUCT
a.
Any substance which includes any
one (1) or more of the following chemicals:
(1)
Mephradone (4-methylmethcathinone);
(2)
4-methyl-alpha-pyrrolidinobutyrophenone;
(4)
MDAI; 5,6-methylenedioxy-2-aminoinadame;
and
(5)
Any other substance listed in the
definition of "synthetic cannabinoid" as set out in Section 195.010,
RSMo., as amended.
b.
This Section shall apply, whether
the cannabimimetic agents or illegal smoking product, as herein defined,
are described as tobacco, herbs, incense, spice, bath salts, plant
food or any blend thereof, regardless of whether the substance is
marketed for the purpose of being smoked or ingested; except, however,
this Section shall not include any approved pharmaceutical authorized
by the United States Food and Drug Administration.
PERSON
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
B. Unlawful To Sell, Offer, Gift Or Display.
It shall be unlawful for any person to sell, offer to sell, gift,
or publicly display for sale any cannabimimetic agent or illegal smoking
product.
C. Possession Unlawful. It is unlawful for
any person to knowingly possess, inhale or ingest any cannabimimetic
agent or illegal smoking product.
D. Penalty. Any person violating Subsection
(B) or
(C) of this Section shall be guilty of an offense and upon a plea of guilty or a finding of guilt shall be subject to the penalty set forth in Section
100.220 of this Code. A separate offense shall be deemed committed for each sale, offer to sell, gift, or public display for sale.
[Ord. No. 1035, 2-9-2023]
A. Definition.
For the purposes of this Section, "Marijuana" shall
mean: Cannabis indica, Cannabis saliva, and Cannabis ruderalis, hybrids
of such species, and any other strains commonly understood within
the scientific community to constitute marijuana, as well as resin
extracted from the marijuana plant and marijuana-infused products.
"Marijuana" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
B. Use In Public Place Prohibited. It shall be unlawful to use marijuana in a public place (as defined in Section
210.2290210.2290) anywhere in the City.
C. Unlawful
Visibility Or Keeping Of Marijuana. Notwithstanding anything to the
contrary, a person who cultivates marijuana plants that are visible
by normal, unaided vision from a public place or cultivates marijuana
plants not kept in a locked space is subject to a civil penalty of
up to two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
D. Unlawful
Use Penalty. Notwithstanding anything to the contrary, a person who
uses marijuana in a public place shall be subject to a civil penalty
of up to one hundred dollars ($100.00).
E. Unlawful Use By A Person Under Twenty-One (21). Notwithstanding anything to the contrary, a person under twenty-one (21) who possess, uses, ingests, inhales, transports, delivers without consideration, or distributes without consideration three (3) ounces or less of marijuana, or possesses, delivers without consideration, or distributes without consideration marijuana accessories, as defined by Article
XIV of the Missouri Constitution, is subject to a civil penalty of up to one hundred dollars ($100.00) and forfeiture of the marijuana. Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the fine.
F. Unlawful Amount Penalty. Notwithstanding anything to the contrary, a person who possesses, produces, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age, or possess with the intent to deliver an amount of marijuana that is not more than twice the amount of marijuana that person is authorized to possess by Article
XIV of the Missouri Constitution shall be subject to a:
1. Civil penalty of up to two hundred fifty dollars ($250.00) for the
first violation;
2. Civil penalty of up to five hundred dollars ($500.00) for the second
violation; and
3. Civil penalty of up to a one thousand dollars ($1,000.00) for the
third and subsequent violations.
Provided a person under twenty-one (21) years of age is subject
to a civil penalty not to exceed two hundred fifty dollars ($250.00)
with an option of attending up to eight (8) hours of drug education
or counseling in lieu of the fine. In addition, the Municipal Judge
may order that in lieu of payment, penalties under this Subsection
may be satisfied by the performance of community service with the
rate of paydown associated with said service option the greater of
fifteen dollars ($15.00) or the minimum wage in effect.
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