Provisions of this chapter that are substantially similar to
state statutes are subject to the same definitions, rules of construction
and interpretation and defenses as are such statutes. This section
does not change the burden or standard of proof applicable to municipal
ordinances.
[Ord. No. 545, §§ 1,
2, 9-7-1993]
(a)
The City recognizes the health officer of the county health center
as the authority to cause inspections, surveillance and investigations
to be conducted when no City health inspector is available.
(b)
The purpose of this section is to maintain quality environmental
health standards in the City equal to the standards required by the
county and the state.
[Ord. No. 673, §§ 1
— 4, 9-15-1998; Ord. No. 986, 2-18-2014; Ord. No. 1157, 12-20-2022]
No person shall use, or possess 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 City ordinance or RSMo. § 195.005 to § 195.425.
Notwithstanding the preceding language, this offense does not apply
to marijuana paraphernalia.
[Ord. No. 739, § 1, 10-2-2001; Ord. No. 1115, 4-7-2020]
(a)
DISTRIBUTE
PROOF OF AGE
SAMPLE
SAMPLING
TOBACCO PRODUCT
UNDER DIRECT SUPERVISION
Definitions. As used in this section shall mean the following:
A conveyance by sale, barter, gift or sample.
A driver's license or other generally accepted means of identification
that contains a picture of the individual.
A tobacco product distributed to members of the general public
at no cost or at nominal cost for product promotional purposes.
The distribution to members of the general public of tobacco
product samples.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
In the plain vision of an adult employee or owner of a retail
business during regular business hours.
(b)
The owner of an establishment at which tobacco products are sold
at retail or through vending machines shall cause to be prominently
displayed in a conspicuous place at every display from which tobacco
products are sold and on every vending machine where tobacco products
are purchased a sign that shall contain in red lettering at least
1/2 inch high on a white background the following:
IT IS A VIOLATION OF STATE AND CITY LAWS FOR CIGARETTES OR OTHER
TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF 21
(c)
All vending machines used for the sale of tobacco products shall
be under the direct supervision of the owner unless such vending machine
is located in a place where persons under the age of 21 are denied
access.
(d)
A person selling tobacco products or distributing tobacco product
samples shall require proof of age from a prospective purchaser or
recipient unless it is obviously apparent on the basis of appearance
that the purchaser or recipient is over the age of 21 years.
(e)
It shall be unlawful for any person to sell any tobacco product or
distribute any tobacco product to any person under the age of 21;
it shall be unlawful for any employee or owner of an establishment
where any vending machine is located to permit or allow any person
under the age of 21 to purchase or otherwise obtain any tobacco product
from such vending machine; it shall be unlawful for any person to
distribute tobacco product samples in or on any public street, sidewalk,
school ground, park or other public property.
(g)
If a sale is made by an employee of the owner of an establishment in violation of Subsection (e), the employee, the manager or other person in charge or control of the establishment at the time of the sale and the owner of the establishment shall be guilty of the offense. If a vending machine is used in violation of Subsection (c), the manager or other person in charge or control of the establishment and the owner of the establishment shall be guilty of the offense. If a sample is distributed by an employee of a company conducting the sampling, the employee and the owner of the company shall be guilty of the offense.
[Ord. No. 910, 6-1-2010; Ord. No. 1098, § 1, 6-18-2019]
(a)
The City Council finds and determines that the substances described
below are often used as an alternative to marijuana; that the substances
are potentially dangerous to users; that hospitalizations have been
reported in connection with use of the substances; that the long-term
effects are not yet known; that the substances are not yet categorized
as illegal[ly] controlled substances under state or federal law; and
that it is proper and necessary for the City Council to exercise authority
granted under RSMo 192.300 to protect the public health.
(1)
As used in this section, these terms are defined as follows:
a.
"Person" means a person, any form of corporation, partnership, wholesaler
or retailer.
b.
"Illegal smoking product" includes any substance, whether called
tobacco, herbs, incense, spice or any blend thereof, which includes
any one or more of the following chemicals:
1.
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2 yl)phenol);
2.
(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol);
3.
1-Pentyl-3-(1-naphthoyl)indole; or
4.
Butly-3-(1-naphthoyl)indole;
|
Which products are sometimes known as "K2" or "Spice."
|
(2)
It is unlawful for any person to sell, offer to sell or publicly
display for sale any illegal smoking product.
(3)
It is unlawful for any person to knowingly possess any illegal smoking
product.
(4)
Any person violating Subsection (a)(2) of this section shall be guilty
of a misdemeanor offense and, upon guilty plea or a finding of guilt,
shall be subject to a jail sentence of up to 30 days and a fine of
up to $500.
(5)
Any person violating Subsection (a)(2) of this section a second or
subsequent time shall be guilty of a misdemeanor offense and, upon
a guilty plea or a finding of guilt, shall be subject to a jail sentence
of up to 90 days and a fine of up to $5,000.
(6)
Any person violating Subsection (a)(3) of this section shall be guilty
of a misdemeanor offense and, upon guilty plea or a finding of guilt,
shall be subject to a jail sentence of up to 30 days and a fine up
to $500.
(7)
This section shall be in effect and enforceable immediately upon
its enactment by the City Council.
(8)
Except as authorized by Article XIV of the Missouri Constitution
and RSMo 195.005 to 195.425, it is unlawful for any person to possess
or have under his control a controlled substance.
[1]
Editor's Note: Former §§ 14-7, Failure to produce medical marijuana identification card, 14-8, Consumption of medical marijuana in public, and 14-9, Disposal of medical marijuana, were repealed 12-20-2022 by Ord. No. 1157. Prior history includes Ord. No. 1098. See now ch. 14, art. IX, §§ 14-200 et seq.
[Ord. No. 1157, 12-20-2022]
As used in this chapter, the following terms shall mean:
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
A drug, substance or immediate precursor in Schedules I through
V listed in Chapter 195, RSMo.
The actual, constructive or attempted transfer from one 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.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
Lysergic acid diethylamide; or
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery.
A practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
All equipment, products and materials of any kind which are
used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of § 195.005 to § 195.425, RSMo.
It includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
(Reserved)
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning objects used to hold burning material,
except those for use with marijuana, cigarette, that has become too
small or too short to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
In determining whether an object, product, substance, or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this chapter or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this chapter or Chapter 579, RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this chapter or Chapter 579, RSMo., shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
Including lysergic acid diethylamide, mescaline, psilocybin,
and various types of methoxyamphetamines.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance, the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration-approved
package, with the Federal Food and Drug Administration-approved labeling
information;
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
The proximity of the substances to controlled substances;
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance which it is alleged to imitate. Furthermore,
an imitation controlled substance does not include a placebo or registered
investigational drug either of which was manufactured, distributed,
possessed or delivered in the ordinary course of professional practice
or research.
Stimulants such as amphetamines and methamphetamines.
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Persons required to obtain annual registration as issued
by the State Division of Health as provided by § 195.030,
RSMo.
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 by an individual for his/her own use or the preparation,
compounding, packaging or labeling of a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching
or chemical analysis and not for sale.
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to Cannabis sativa L., except
industrial hemp, Cannabis indica, Cannabis americana, Cannabis ruderalis,
and Cannabis gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, sale, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial 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 section shall be construed
as conferring on a person who is not registered or 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.
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
An individual 21 years of age or older who has significant
responsibility for managing the well-being of a qualifying patient
and who is designated as such on the primary caregiver's application
for an identification card under the provisions of Article XIV, Section
1, of the Missouri Constitution or in other written notification to
the Missouri Department of Health and Senior Services.
Includes the manufacture, planting, cultivation, growing
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
A Missouri resident diagnosed with at least one qualifying
medical condition as defined by Article XIV, Section 1, of the Missouri
Constitution.
A person who, in the usual course of business, stores drugs
for others, lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he himself has not produced
or prepared, on official written orders, but not on prescriptions.
