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 as authorized by Chapter 579 or Chapter 195, RSMo.[2]
[Ord. No. 1509-2022, 12-19-2022]
As used in this Article and Article XVII of 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 (1)
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. "Dispenser" means 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 Sections 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 cigarettes that have 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 Section 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 for 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 twenty-one (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 (1) 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/she himself has not produced
or prepared, on official written orders, but not on prescriptions.
[Ord. No. 396-82 Art. V §1, 12-20-1982]
It shall be unlawful for any person or any officer or employee
of any firm, corporation or association to barter, sell, give away
or use or offer to sell, furnish or give away or to have in his/her
or their possession marijuana, botanically known as cannabissativa,
cannabis indica, commonly called indian hemp, mexican hemp, marijuana,
muggles mooter or any drug or preparation made from any species or
variety of the botanical genus cannabis or any compound derivative
or preparation of the above-mentioned plant or to prepare or supply
for smoking purposes or prepare or supply any effusion or concoction
of cannabis provided it shall not be unlawful to barter, sell, furnish
or give away the bast fibris alone or any cloth, cordage, rope or
other materials compounded of the bast fibris alone of these plants;
provided further, that it shall not be unlawful for any licensed pharmacist
to have in his/her possession any of the said drug or derivative of
said plants for sale upon the written prescription of a physician,
osteopathic surgeon, dentist or veterinary surgeon licensed to practice
in this State.
[Ord. No. 1398-2019, 6-17-2019]
A.
A person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance or controlled
substance analog, as those terms are defined in Section 195.010, RSMo.,
except as authorized by Chapter 579, RSMo., or Chapter 195, RSMo.,[2] but excluding the possession of marijuana or any synthetic
cannabinoid.
[2]
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.
B.
A person commits the offense of possession of marijuana if such person
is in possession of any amount of marijuana or synthetic cannabinoid,
except:
1.
A qualified patient for the patient's own personal use, in an
amount no larger than the law allows; or
2.
A caretaker of a qualified patient, or patients, but only when
transporting the medical marijuana to a qualified patient or when
accompanying a qualified patient or patients; or
3.
An owner or an employee of a medical marijuana facility within
the enclosed building licensed as such, or when delivering directly
to a qualified patient's or caretaker's residence or another medical
marijuana facility.
C.
Definitions, as used in this chapter:
1.
The terms 'marijuana,' 'marijuana-infused products,' 'medical marijuana,' 'medical marijuana facility,' 'qualified patient' and 'caretaker of a qualified patient' shall have the definitions set forth in Article XVI, Section 1, of the Missouri Constitution.
2.
The term 'directly' shall mean the shortest possible practicable
route from the medical marijuana facility to the permitted destination
or destinations, without any voluntary detours or additional stops.
D.
In any complaint, information or indictment, and in any action or
proceeding brought for the enforcement of any provision of this Section,
it shall not be necessary to include any exception, excuse, proviso,
or exemption contained in this Section, Chapter 579, RSMo., or Chapter
195, RSMo., and the burden of proof of any such exception, excuse,
proviso or exemption shall be upon the defendant.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
The
limits specified in this Section shall not apply to any quantity of
such product, mixture, or preparation which must be dispensed, sold,
or distributed in a pharmacy pursuant to a valid prescription.
B.
Within
any thirty-day period, no person shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, either as: a) the sole
active ingredient; or b) one (1) of the active ingredients of a combination
drug; or c) a combination of any of the products specified in items
a) and b) of this Subsection; in any total amount greater than nine
(9) grams, without regard to the number of transactions.
C.
Within
any twenty-four-hour period, no pharmacist, intern pharmacist, or
registered pharmacy technician shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, either as: a) the sole
active ingredient; or b) one (1) of the active ingredients of a combination
drug; or c) a combination of any of the products specified in items
a) and b) of this Subsection; in any total amount greater than three
and six-tenths (3.6) grams without regard to the number of transactions.
D.
All
packages of any compound, mixture, or preparation containing any detectable
quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts or optical isomers, or salts of optical isomers,
except those that are excluded from Schedule V in Subsection 17 or
18 of Section 195.017, RSMo., shall be offered for sale only from
behind a pharmacy counter where the public is not permitted, and only
by a registered pharmacist or registered pharmacy technician under
Section 195.017, RSMo.
E.
Each
pharmacy shall submit information regarding sales of any compound,
mixture, or preparation as specified in this Section in accordance
with transmission methods and frequency established by the Department
by regulation.
F.
This
Section shall not apply to the sale of any animal feed products containing
ephedrine or any naturally occurring or herbal ephedra or extract
of ephedra.
G.
All
logs, records, documents, and electronic information maintained for
the dispensing of these products shall be open for inspection and
copying by Municipal, County, and State or Federal Law Enforcement
Officers whose duty it is to enforce the controlled substances laws
of this State or the United States.
H.
All
persons who dispense or offer for sale pseudoephedrine and ephedrine
products, except those that are excluded from Schedule V in Subsection
17 or 18 of Section 195.017, RSMo., shall ensure that all such products
are located only behind a pharmacy counter where the public is not
permitted.
I.
The
penalty for a knowing or reckless violation of this Section is found
in Section 579.060, 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. 616-93 §§1 —
9, 8-16-1993; Ord. No. 1509-2022, 12-19-2022]
A.
The definitions set forth in Section 210.1802 are incorporated into this Article as if more fully and completely set forth.
B.
It
is unlawful for any person to use or to 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, except marijuana,
or an imitation controlled substance in violation of the terms of
this Section.
C.
It
is unlawful for any person to deliver, possess with intent to deliver
or manufacture, with intent to deliver drug paraphernalia knowing
or under circumstances where one reasonably should know that it will
be used 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, except marijuana,
or an imitation controlled substance in violation of the terms of
this Section.
D.
The
term "imitation controlled substance" shall be defined for purposes
of this Section as set out in Section 195.010, RSMo.
E.
It
is unlawful for any person to possess an imitation controlled substance
in violation of the terms of this Section.
F.
It
is unlawful for any person to deliver, possess with intent to deliver,
manufacture with intent to deliver or cause to be delivered any imitation
controlled substance.
G.
It
is unlawful for any person to place in any newspaper, magazine, handbill
or other publication 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.
H.
It
is unlawful for any person to place in any newspaper, magazine, handbill
or other publication or to post or distribute in any public place
any advertisement or solicitation with reasonable knowledge that the
purpose of the advertisement or solicitation is to promote the distribution
of imitation controlled substances.
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. 396-82 Art. VI §8, 12-20-1982]
It shall be unlawful for any person to enter any schoolhouse
or church house within the City in which there is an assemblage of
people met for a lawful purpose or any courthouse within the City
in a drunken or intoxicated and disorderly condition or to drink or
offer to drink any intoxicating liquors in the presence of such assembly
of people or in any courthouse within the City.
[Ord. No. 229 §§1 —
2, 12-27-1971; Ord. No.
1176-2011 §1, 10-3-2011]
A.
It
shall be unlawful for any person to drink intoxicating liquors upon
any public street, park, alley, highway, open space or in any public
garage or public parking area open to and used by the public; or in
motorcars or other vehicles upon any public street, alley, park, highway,
public garage, open space, parking area open for the use of the public;
or upon any City property or any place open to the public wherein
the consumption of intoxicating liquor is not permitted pursuant to
the provisions of the ordinances of this City or the Statutes of the
State of Missouri.
B.
Violation
of this Section shall be punishable by a fine of not more than two
hundred fifty dollars ($250.00) and/or imprisonment not to exceed
ninety (90) days.
[Ord. No. 1398-2019, 6-17-2019]
Any person who is in possession of medical marijuana shall,
immediately upon the request of any Law Enforcement Officer, produce
a valid permit issued by the Missouri Department of Health and Senior
Services (or its successor) for such possession, including, but not
limited to, a qualified patient identification card, a qualified caretaker
card, or a similar card issued by another state. Any person who fails
to produce such a permit upon request shall be guilty of the offense
of failure to produce a medical marijuana permit. Conviction of this
offense shall be punishable by a fine not to exceed fifty dollars
($50.00).
[Ord. No. 1398-2019, 6-17-2019]
[Ord. No. 1398-2019, 6-17-2019]
No person shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the licensee and designed to prohibit unauthorized access.
