[Ord. No. 2064, 2-15-2023]
For purposes of this Article, the following definitions shall
apply:
DISTRIBUTE
A conveyance to another person by barter or other transfer
not commonly recognized as a sale.
MARIJUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
Marijuana does not include industrial hemp, as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
QUALIFYING PATIENT
Shall have the same meaning as set forth in 19 CSR 30-95.010(35),
as amended.
QUALIFYING PATIENT IDENTIFICATION CARD
A document, whether in paper or electronic format, issued
by the Department of Health and Senior Services that authorizes a
qualifying patient access to marijuana and marijuana-infused products
as provided by law.
[Ord. No. 2064, 2-15-2023]
A. Any person or entity who sells or distributes marijuana or marijuana-infused
products shall deny selling or distributing marijuana or marijuana-infused
products to any person who is less than twenty-one (21) years of age,
unless that person presents a valid qualifying patient identification
card allowing them to purchase marijuana or marijuana-infused products.
It shall be unlawful for any person to sell or distribute marijuana
or marijuana-infused products to an individual who is less than twenty-one
(21) years of age who does not present a valid qualifying patient
identification card allowing such individual to purchase marijuana
or marijuana-infused products.
B. Any person or entity who sells or distributes marijuana or marijuana-infused products in violation of Subsection
(A) shall be assessed a fine of two hundred fifty dollars ($250.00) for the first violation, and five hundred dollars ($500.00) for each subsequent violation.
C. If a sale is made by an employee of the owner of an establishment in violation of this Article, the employee shall be guilty of an offense established in Subsection
(A) of this Section.
D. A person cited for selling or distributing any marijuana or marijuana-infused
product to any individual less than twenty-one (21) years of age who
does not carry a qualifying patient identification card 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 an affirmative defense that such
individual presented a driver's license or other government-issued
photo identification purporting to establish that such individual
was eighteen (18) years of age or older.
[Ord. No. 2064, 2-15-2023]
A. No person less than twenty-one (21) shall purchase or attempt to
purchase marijuana or marijuana-infused products, unless that person
carries with them a valid qualifying patient identification card allowing
for such activity.
B. Any person less than twenty-one (21) years of age shall not misrepresent
his or her age to purchase marijuana or marijuana-infused products.
C. Any person who violates the provisions of this Section shall be guilty
of an infraction, and shall have any marijuana and/or marijuana-infused
products confiscated.
D. Any penalties under this Section shall be in addition to any penalties
imposed for possession of marijuana or marijuana-infused products.
[Ord. No. 2064, 2-15-2023]
A. A person selling or distributing marijuana or marijuana-infused products
shall require proof of age from a prospective purchaser or recipient
if any ordinary person could conclude on the basis of appearance that
such prospective purchase or recipient may be under the age of twenty-one
(21).
B. 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 owner or employee of an establishment
that sells marijuana or marijuana-infused products, 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 receive marijuana or marijuana-infused
products. 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.
C. Any person who 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
shall be deemed guilty of an offense.
D. Reasonable reliance on proof of age or on the appearance of the purchaser or recipient shall be a defense to any action for violation of Subsection
(A) of Section
210.760 of this Article.