[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.