[Ord. No. 2739, 2-7-2023]
A.
Purchase
Limits.
1.
Qualifying Patients And Primary Caregivers.
a.
Absent a certification from a physician or nurse practitioner authorizing
more, qualifying patients may only purchase, or have purchased on
their behalf by their primary caregivers, up to six (6) ounces of
dried, unprocessed marijuana, or its equivalent, per qualifying patient,
in a thirty-day (30 day) period.
b.
The six (6) ounce purchase limit established in this Section shall
not apply to a qualifying patient with a certification from a physician
or nurse practitioner that there are compelling reasons why the qualifying
patient needs a greater amount than the limit established in this
Section. In such case, the physician or nurse practitioner must state
in their certification what amount the qualifying patient requires,
which shall then be that patient's limit.
B.
Possession
Limits.
1.
Qualifying Patients And Primary Caregivers.
a.
Qualifying patients may only possess, or instruct a primary caregiver
to possess on their behalf:
(1)
In the case of qualifying patients who do not cultivate or have
marijuana cultivated on their behalf, up to a sixty-day (60 day) supply
of dried, unprocessed marijuana or its equivalent, per qualifying
patient.
(2)
In the case of qualifying patients who cultivate marijuana for
medical use or whose primary caregivers are cultivating marijuana
on their behalf, up to a ninety-day (90 day) supply of dried, unprocessed
marijuana or its equivalent, so long as the supply of medical marijuana
in excess of a sixty-day (60 day) supply remains in an enclosed, locked
facility.
b.
Primary caregivers may possess a separate legal limit for each qualifying
patient under their care and a separate legal limit for themselves
if they are a qualifying patient, each of which shall be stored separately
for each qualifying patient and labeled with the qualifying patient's
name.
2.
Non-Qualifying Patient Consumers, Twenty-One (21) Years Of Age Or
Older.
a.
A non-qualifying patient consumer, twenty-one (21) years of age or
older who does not cultivate marijuana may possess up to three (3)
ounces of dried, unprocessed marijuana or its equivalent.
b.
In the case of a non-qualifying patient consumer who does cultivate
marijuana, any supply of dried, unprocessed marijuana or its equivalent
cultivated by the consumer in excess of the consumer's three (3) ounce
possession limit must remain in an enclosed, locked facility at a
private residence.
c.
Penalties.
(1)
Any non-qualifying patient consumer, twenty-one (21) years of age or older, who possesses greater than three (3) ounces, but less than six (6) ounces of dried, unprocessed marijuana or its equivalent in violation of Subsection (B)(2)(a) or (b) shall be subject to an offense. For a first violation, the consumer shall be subject to a civil infraction punishable by a civil penalty in an amount not to exceed two hundred fifty dollars ($250.00) and forfeiture of the marijuana. For a second and any subsequent violation, the consumer shall be subject to a civil infraction punishable by a civil penalty in an amount not to exceed five hundred dollars ($500.00) and forfeiture of the marijuana. In lieu of payment, penalties imposed under this Section may be satisfied by the performance of community service, the rate of pay-down associated with said service will be the greater of fifteen dollars ($15.00) or the minimum wage in effect at the time of judgement.
3.
Non-Qualifying Patients, Below Age Twenty-One (21).
a.
An individual who is not a qualifying patient, and is below the age
of twenty-one (21), shall not possess any amount of marijuana. It
shall be unlawful for such individual to possess any amount of marijuana.
b.
Penalties.
(1)
Any person who violates Subsection (B)(3)(a) by possessing dried, unprocessed marijuana or its equivalent in an amount that does not exceed three (3) ounces shall be punished by a civil penalty not to exceed two hundred fifty dollars ($250.00). In lieu of the fine, any person found guilty of Subsection (B)(3)(a) shall be provided the option of attending up to eight (8) hours of drug education or counseling.
[Ord. No. 2739, 2-7-2023]
Except as authorized by Sections 195.005 to 194.425, RSMo., and Article XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana, it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, 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.
B.
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of a misdemeanor.
C.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
[Ord. No. 2739, 2-7-2023]
Except and only to the extent authorized by Article XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana, 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 195.425, RSMo.
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 210.550 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 210.550 and 210.560 hereof.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 1964 §I, 6-7-2011]
A.
It
is unlawful for any person or corporation to offer for sale, sell,
attempt to sell, give, exchange, publicly display for sale or otherwise
distribute to any person any product containing Methylenedioxypryovalerone
("MDPV") or its derivatives.
B.
It
is also unlawful for any person or corporation to knowingly possess
or have under his or her control any products containing MDPV.
C.
Any
person violating the terms of this Section shall be punished, upon
conviction, with a fine up to five hundred dollars ($500.00) and incarceration
of up to ninety (90) days, with each day of violation constituting
a separate offense.
[Ord. No. 1968 §I, 6-7-2011]
A.
ILLEGAL SMOKING PRODUCT
As
used in this Section, the terms are defined as follows:
Includes any substance, whether called "Spice", "K2", tobacco,
herbs, incense or any blend thereof, which includes any one (1) or
more of the following chemicals:
B.
It
shall be unlawful for any person within the City to distribute, deliver,
sell, offer for sale, publicly display for sale or attempt to distribute,
deliver or sell any illegal smoking product.
C.
It
shall be unlawful for any person to knowingly possess or have under
his or her control any illegal smoking product.
D.
Any
person who violates the provisions of this Section shall be punished
by a fine of not more than five hundred dollars ($500.00) or imprisonment
for not more than ninety (90) days, or by both such fine and imprisonment,
with each day of violation constituting a separate offense.
[Ord. No. 2739, 2-7-2023]
A.
PLACE OF EMPLOYMENT
PUBLIC PLACE
Definitions.
For the purposes of this Section, the following terms shall have the
meaning set forth below:
An area under the control of a public employer or private
employer, including, but not limited to, work areas, private offices,
employee lounges, restrooms, conference rooms, meeting rooms, classrooms,
employee cafeterias, hallways, temporary offices, and vehicles leased,
owned, or operated by the employer. Any child care, adult day care,
group home or health care facility shall be considered a place of
employment, whether located in a public place or private residence.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places,
include, but are not limited to, streets, sidewalks, parks, parking
structures, parking lots, health care facilities, restaurants, business
and commercial establishments (whether for profit or not for profit,
whether open to the public at large, or whether entrance is limited
by a cover charge or membership requirement), hotels, motels, restaurants,
bars, private clubs, event venues, cabarets, and meeting facilities
utilized by any religious, social, fraternal or similar organization.
Premises, or portions thereof, such as hotel rooms, used solely as
a private residence, whether permanent or temporary in nature, shall
not be deemed to be a public place.
B.
Using
marijuana or marijuana-infused products shall be prohibited in all
public places in the City of Warrenton.
C.
Unless
otherwise allowed by applicable law, using marijuana or marijuana-infused
products shall be prohibited in all places of employment within the
City of Warrenton, including, but not limited to, common work areas,
auditoriums, classrooms, conference and meeting rooms, private offices,
elevators, hallways, medical facilities, cafeterias, employees lounges,
stairs, and restrooms.
D.
Exception. The prohibitions in this Section shall not apply to a qualifying patient who uses marijuana or marijuana-infused products in a public place that is licensed for such activity by the Department of Health and Senior Services under Article XIV, Section 1.7(6) of the Missouri Constitution, as amended.
E.
Application
Of This Section To The City Of Warrenton Facilities. All facilities,
including buildings leased or operated by the City of Warrenton, shall
be subject to the provisions of this Section. Additionally, using
marijuana or marijuana-infused products is prohibited in City owned
or leased vehicles.
F.
Enforcement.
G.
Penalties.
1.
A qualifying patient who uses marijuana under the provisions of Article XIV, Section 1 of the Missouri Constitution, as amended, providing for medical marijuana, but nonetheless violates this Section, shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). Each separate violation carries with it a separate penalty.
2.
Any person who is not a qualifying patient and who uses marijuana
in violation of this Section, shall be subject to a civil penalty
not to exceed one hundred dollars ($100.00). Each separate violation
carries with it a separate penalty.
