[Ord. No. 3270, 12-4-2023]
A person commits the offense of possession of any synthetic
cannabinoid, as the term is defined in Section 195.010, RSMo., if
he/she knowingly possesses any synthetic cannabinoid, except as authorized
by Chapter 579 or Chapter 195, RSMo.
[Ord. No. 3270, 12-4-2023]
A person commits the offense of possession of a controlled substance,
as defined in Section 195.010, RSMo., but not including marijuana
if he/she knowingly possesses a controlled substance, but not including
marijuana, except as authorized by Chapter 579, RSMo., or Chapter
195, 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.
[Ord. No. 3270, 12-4-2023]
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., not including products used for growing, consuming,
storing, or processing marijuana.
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.
[Ord. No. 3270, 12-4-2023]
A person commits the offense of possession of marijuana, over
six (6) ounces, if he or she knowingly possess more than six (6) ounces
of marijuana.
[Ord. No. 3270, 12-4-2023]
B.
It is an offense for a person to deliver or distribute marijuana or marijuana accessories, with consideration, to a person twenty-one (21) years of age or older, except those marijuana facilities licensed to distribute marijuana, marijuana-infused products, and marijuana accessories as allowed by Article XIV, Section 1 or Section 2, of the Missouri Constitution.
[Ord. No. 3270, 12-4-2023]
[Ord. No. 3270, 12-4-2023]
A.
It
is an offense for any person or entity to possess marijuana plants
without a valid registration for cultivation on file with the State
of Missouri.
B.
It
is an offense for any person or entity, except those facilities licensed
to do so by the State of Missouri, to keep more than six (6) flowering
marijuana plants, more than six (6) non-flowering plants [over fourteen
(14) inches tall], or more than six (6) clones [plants under fourteen
(14) inches tall].
C.
Any
person or entity who cultivates marijuana plants shall keep the plants
and any marijuana produced by the plants at one (1) private residence,
in a locked space, and in a place that is not visible by normal, unaided
vision from a public place. A person or entity who violates this Subsection
may be subject to a civil penalty not exceeding two hundred fifty
dollars ($250.00) and forfeiture of the marijuana.
[Ord. No. 3270, 12-4-2023]
A.
It
is an offense for any person to smoke marijuana or use marijuana-infused
products:
[Ord. No. 3270, 12-4-2023]
A.
No Sales to Persons Under Twenty-One (21) Years of Age.
1.
A person who sells marijuana, including marijuana-infused products,
or marijuana accessories, shall deny the sale of such products to
any person who is less than twenty-one (21) years of age.
2.
A person or entity selling marijuana, including marijuana-infused
products, or marijuana accessories, shall require proof of age from
a prospective purchaser or recipient if an ordinary person would conclude
on the basis of appearance that such prospective purchaser or recipient
may be under the age of twenty-one (21).
3.
The operator's or chauffeur's license issued pursuant to the
provisions of Section 302.177, RSMo., or the operator's or chauffeur's
license issued pursuant to the laws of any State or possession of
the United States to residents of those States or possessions, or
an identification card as provided for in Section 302.181, RSMo.,
or the identification card issued by any uniformed service of the
United States, or a valid passport shall be presented by the holder
thereof upon request of any owner or employee of an establishment
that sells to marijuana, including marijuana-infused products, or
marijuana accessories, for the purpose of aiding the registrant, agent
or employee to determine whether or not the person is at least twenty-one
(21) years of age when such person desires to purchase or possess
marijuana, including marijuana-infused products, or marijuana accessories,
procured from a vendor. Upon such presentation, the owner or employee
of the establishment shall compare the photograph and physical characteristics
noted on the license, identification card or passport with the physical
characteristics of the person presenting the license, identification
card or passport.
4.
A person cited for selling marijuana, including marijuana-infused
products, or marijuana accessories to any person less than twenty-one
(21) years of age in violation of this Section shall conclusively
be presumed to have reasonably relied on proof of age of the purchaser
or recipient, and such person shall not be found guilty of such violation
if such person raises and proves as an affirmative defense that such
individual presented a driver's license or other government-issued
photo identification purporting to establish that such person was
twenty-one (21) years of age or older.
B.
Persons Under Twenty-One (21) Years of Age Prohibited from Purchasing.
1.
Any person less than twenty-one (21) years of age shall not
purchase or attempt to purchase marijuana, including marijuana-infused
products, or marijuana accessories.
2.
Any person less than twenty-one (21) years of age shall not
misrepresent his/her age to purchase marijuana, including marijuana-infused
products, or marijuana accessories.
3.
No person shall, without authorization from the Department of
Revenue, reproduce, alter, modify, or misrepresent any chauffeur's
license, motor vehicle operator's license or identification card.
C.
Proximity To Certain Institutions. It shall be unlawful for any person
to sell, offer for sale, give away, or deliver marijuana, including
marijuana-infused products, or marijuana accessories, within one thousand
(1,000) feet of any church, day care center, elementary or secondary
school.
D.
Separate Offense. Each violation of this Section shall constitute
a separate offense.
[Ord. No. 3270, 12-4-2023]
A.
A person who smokes marijuana in a public place in violation of the
law shall be subject to a civil penalty not exceeding one hundred
dollars ($100.00).
B.
A person who is under twenty-one (21) years of age who possesses,
uses, ingests, inhales, transports, delivers without consideration,
or distributes without consideration three ounces or less of marijuana,
or possesses, delivers without consideration, or distributes without
consideration marijuana accessories is subject to a civil penalty
not to exceed 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.
C.
A person twenty-one (21) years of age or older who possesses not
more than twice the amount of marijuana allowed pursuant to this code,
produces not more than twice the amount of marijuana allowed pursuant
to this code, delivers without receiving any consideration or remuneration
to a person who is at least twenty-one (21) years of age not more
than twice the amount of marijuana allowed by this Subsection, or
possesses with intent to deliver not more than twice the amount of
marijuana allowed by this code:
1.
For a first violation, is subject to a civil infraction punishable
by a civil penalty not exceeding two hundred fifty dollars ($250.00)
and forfeiture of the marijuana;
2.
For a second violation, is subject to a civil infraction punishable
by a civil penalty not exceeding five hundred dollars ($500.00) and
forfeiture of the marijuana;
3.
For a third or subsequent violation, is subject to a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000.00)
and forfeiture of the marijuana;
4.
A person under twenty-one (21) years of age is subject to a
civil penalty not to exceed two hundred fifty dollars ($250.00). Any
such person shall be provided the option of attending up to eight
(8) hours of drug education or counseling in lieu of the fine; and
5.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
D.
A person who cultivates marijuana plants that are visible by normal,
unaided vision form a public place or who cultivates plants that are
not kept in a locked space is subject to a civil penalty not exceeding
two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
[Ord. No. 3301, 7-15-2024]
A.
CBD
CANNABINOIDS
HEMP
HEMP-DERIVED INTOXICANTS
INTOXICATING CANNABINOIDS
INTOXICATING HEMP-DERIVED PRODUCTS
As
used in this Section, the following definitions shall apply:
Cannabidiol, a non-intoxicating cannabinoid found in cannabis
and hemp.
Ligands that are either plant-derived, synthetic, or semi-synthetic,
and have an affinity for and activity at cannabinoid receptors.
The plant Cannabis sativa L., and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more than
three-tenths percent (0.3%) on a dry weight basis.
Any intoxicating Cannabinoids which have been derived, developed,
processed, manipulated, converted, isomerized, and/or otherwise created
from hemp.
Any cannabinoid, however derived or created, that has an
intoxicating effect when consumed or otherwise ingested, irrespective
of whether the cannabinoid was created or developed through natural
means or through chemical conversion, isomerization, synthetic derivation,
heat, or any other process by which molecules may be manipulated or
any cannabinoid, semi-synthetic or synthetic cannabinoid, or precursor
to an intoxicating cannabinoid that may become intoxicating when heated,
decarboxylated, or otherwise manipulated, excluding, without limitation,
CBD.
Any product which contains hemp-derived intoxicants, excluding,
without limitation, CBD.
B.
Providing
Intoxicating Hemp-Derived Products To Minors — Unlawful.
1.
No person shall procure for, sell, vend, give away or otherwise supply
any intoxicating hemp-derived products in any quantity whatsoever
to any person under the age of twenty-one (21) years.
2.
It shall be a defense to prosecution under Section 210.1940(B)(1) that the defendant sold the Intoxicating hemp-derived products to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age and the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was at least twenty-one (21) years of age.
C.
Misrepresentation
Of Age To Obtain Intoxicating Hemp-Derived Products.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any intoxicating hemp-derived products, that he/she has attained the
age of twenty-one (21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any intoxicating hemp-derived products.
D.
No
person under the age of twenty-one (21) years shall purchase or attempt
to purchase, or have in his/her possession, any intoxicating hemp-derived
products.
E.
Intoxicating
hemp-derived products may only be displayed for sale in such a manner
that a person cannot have possession of the intoxicating hemp-derived
product prior to the sale of the intoxicating hemp-derived product.
[Ord. No. 3302, 7-15-2024]
A.
KRATOM PRODUCTS
As
used in this Section, the following definition shall apply:
Any product containing any part of the leaf of the plant
Mitragyna speciosa. There shall be a rebuttable presumption that a
sealed container or product labeled as containing KRATOM, Mitragyna
speciosa, mitragynine, and/or 7-hydroxymytragynine is a KRATOM product.
B.
Providing
KRATOM Products To Minors — Unlawful.
1.
No person shall procure for, sell, vend, give away or otherwise supply
any KRATOM products in any quantity whatsoever to any person under
the age of twenty-one (21) years, except when prescribed by a licensed
healthcare provider.
2.
It shall be a defense to prosecution under Section 210.1950(B)(1) that the defendant sold the KRATOM products to the minor with reasonable cause to believe that the minor was twenty-one (21) or more years of age and the person exhibited to the defendant a driver's license, Missouri non-driver's identification card, or other official or apparently official document, containing a photograph of the minor and purporting to establish that such minor was at least twenty-one (21) years of age.
C.
Misrepresentation
Of Age To Obtain KRATOM Products.
1.
No person under the age of twenty-one (21) years shall represent,
for the purpose of purchasing, asking for or in any way receiving
any KRATOM products, that he/she has attained the age of twenty-one
(21) years, except in cases authorized by law.
2.
In addition to Subsection (C)(1) of this Section, no person under the age of twenty-one (21) years shall use a reproduced, modified or altered chauffeur's license, motor vehicle operator's license, identification card issued by any uniformed service of the United States, passport or identification card established in Section 302.181, RSMo., for the purpose of purchasing, asking for or in any way receiving any KRATOM products.
D.
No
person under the age of twenty-one (21) years shall purchase or attempt
to purchase, or have in his/her possession, any KRATOM products.
E.
KRATOM
products may only be displayed for sale in such a manner that a person
cannot have possession of the KRATOM product prior to the sale of
the KRATOM product.
