City of Raymore, MO Offenses Concerning Drugs And Alcohol

Unlawful Use Of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., 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 as defined by Section 195.010, RSMo., or an imitation controlled substance as defined by Section 195.010, RSMo., in violation of Sections 195.005 to 195.418, RSMo.

"Controlled Substance" as used herein shall be defined and include the following:

Cannabis which includes marijuana, hashish and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds, the resin extracted from any part of such plant; and any compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin, including tetrahydrocannabinol (THC) and all other cannabinol derivatives, including its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independent by means of chemical synthesis or by a combination of extraction and chemical synthesis; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted), fiber, oil or cake, or the sterilized seeds of such plant which is incapable of germination; and

"Controlled substances" as defined and enumerated in Chapter 195 of the Missouri Revised Statutes in effect upon the passage of this Section.

"Controlled substances" does not include:

Medical marijuana or marijuana-infused products allowed under Article XIV of the Missouri Constitution; or

Medical marijuana or marijuana-infused products allowed under any permit issued by the Missouri Department of Health and Senior Services; or

Medical marijuana or marijuana-infused products in the possession of a qualifying patient or primary caregiver with a valid identification card issued by the Missouri Department of Health and Senior Services.

"Drug paraphernalia" as used herein shall be defined and include 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 Sections 195.005 to 195.418, 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;

Dilutents 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;

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or otherwise cleaning or refining, marijuana;

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;

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;

10.

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;

11.

Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenteral injecting controlled substances or imitation controlled substances into the human body;

12.

Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

Metal, wood, 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, such as a 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.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1.	Statements by an owner or by anyone in control of the object concerning its use;
2.	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;
3.	The proximity of the object, in time and space, to a direct violation of Sections 195.005 to 195.418, RSMo.;
4.	The proximity of the object to controlled substances or imitation controlled substances;
5.	The existence of any residue of controlled substances or imitation controlled substances on the object;
6.	Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who they know, or should reasonably know, intend to use the object to facilitate a violation of Sections 195.005 to 195.418, RSMo.; the innocence of an owner, or of anyone in control of the object, as to direct violation of Sections 195.005 to 195.418, RSMo., shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7.	Instructions, oral or written, provided with the object concerning its use;
8.	Descriptive materials accompanying the object which explain or depict its use;
9.	National or local advertising concerning its use;
10.	The manner in which the object is displayed for sale;
11.	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;
12.	Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
13.	The existence and scope of legitimate uses for the object in the community;
14.	Expert testimony concerning its use.