[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.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
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.
[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.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
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.
[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.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[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;
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.
[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.
[1]
Note: Under certain circumstances, this offense can be a felony under State law.
[R.O. 1992 § 215.343; Ord. No. 743[1] § 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.
[1]
Editor's Note: This ordinance provided that any commercial establishments lawfully permitted to operate on 12-8-2011 that are in violation of Sections 210.1870 and 215.1880 shall be deemed non-conforming uses until such use is lost or abandoned pursuant to Chapter 405.
[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;
(3) 
MDPV); [1-(1,3-Benzodioxo1-5-yl) [1-(1,3-Benzodioxo1-5-yl)2-(1-pyrrolidiny1)-1-pentanone];
(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 210.2290) 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.