[Ord. No. 1164 §1, 4-8-2010; Ord. No. 1212 §1, 4-14-2011; Ord. No. 1216 §§2,3, 6-23-2011; Ord. No. 1225 §1, 8-11-2011; Ord. No. 1600 §8, 1-18-2017]
[Ord. No. 2067, 2-15-2023]
A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or 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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
A. 
Definitions. For the purpose of this Section, the following words and phrases shall have the meanings respectively ascribed to them:
EPHEDRINE
All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any compound sold for medicinal purposes containing these chemicals.
METHAMPHETAMINE PRECURSOR
Any substance as described in the definition of "ephedrine" or "pseudoephedrine" hereof, or in Section 195.246 or 195.248, RSMo.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.
PSEUDOEPHEDRINE
All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any other compound sold for medicinal purposes containing these chemicals.
B. 
A person commits the offense of unlawful sale, distribution, or purchase of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1. 
Sells, distributes, dispenses, or otherwise provides any number of packages of any drug product containing detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, in a total amount greater than nine grams to the same individual within a thirty-day period, unless the amount is dispensed, sold, or distributed pursuant to a valid prescription; or
2. 
Purchases, receives, or otherwise acquires within a thirty-day period 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 in a total amount greater than nine grams, without regard to the number of transactions, unless the amount is purchased, received, or acquired pursuant to a valid prescription; or
3. 
Purchases, receives, or otherwise acquires within a twenty-four-hour period 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 in a total amount greater than three and six-tenths (3.6) grams, without regard to the number of transactions, unless the amount is purchased, received, or acquired pursuant to a valid prescription; or
4. 
Dispenses or offers drug products that are not excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., and that contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, without ensuring that such products are located behind a pharmacy counter where the public is not permitted and that such products are dispensed by a registered pharmacist or pharmacy technician under Subsection 11 of Section 195.017, RSMo.; or
5. 
Holds a retail sales license issued under Chapter 144, RSMo., and knowingly sells or dispenses packages that do not conform to the packaging requirements of Section 195.418, RSMo.
C. 
A pharmacist, intern pharmacist, or registered pharmacy technician commits the offense of unlawful sale, distribution, or purchase of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1. 
Sells, distributes, dispenses, or otherwise provides any number of packages of any drug product containing detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in a total amount greater than three and six-tenth (3.6) grams to the same individual within a twenty-four-hour period, unless the amount is dispensed, sold, or distributed pursuant to a valid prescription; or
2. 
Fails to submit information under Subsection 13 of Section 195.017, RSMo., and Subsection 5 of Section 195.417, RSMo., about the sales of any compound, mixture, or preparation of products containing detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, in accordance with transmission methods and frequency established by the department of health and senior services; or
3. 
Fails to implement and maintain an electronic log, as required by Subsection 12 of Section 195.017, RSMo., of each transaction involving any detectable quantity of pseudoephedrine, its salts, isomers, or salts of optical isomers or ephedrine, its salts, optical isomers, or salts of optical isomers; or
4. 
Sells, distributes, dispenses or otherwise provides to an individual under eighteen (18) years of age without a valid prescription any number of packages of any drug product containing any detectable quantity of pseudoephedrine, its salts, isomers, or salts of optical isomers, or ephedrine, its salts or optical isomers, or salts of optical isomers.
[Ord. No. 2067, 2-15-2023]
Except and only to the extent authorized under the provisions of 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, a person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses 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 this Article, Chapter 195, RSMo., or Chapter 579, RSMo.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[Ord. No. 2067, 2-15-2023]
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, a person commits the offense of unlawful manufacture of drug paraphernalia if he or she unlawfully manufactures 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 or an imitation controlled substance in violation of this Article, Chapter 195, RSMo., or Chapter 579, RSMo.
A person commits the offense of possession of an imitation controlled substance if he or she knowingly possesses an imitation controlled substance.
A. 
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.
B. 
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 other 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 579.097, RSMo., 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, as defined by Section 311.020, RSMo., or nonintoxicating beer.
[Ord. No. 2064, 2-15-2023]
A. 
Definitions. The following words and phrases, whenever used in this Section, shall have the meanings provided herein.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation, limited liability company (LLC), or other business entity, either for profit or not for profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
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.
PLACE OF EMPLOYMENT
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.
PUBLIC PLACE
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.
QUALIFYING PATIENT
Shall have the same meaning as set forth in 19 CSR 30-95.010(35), as amended.
USING MARIJUANA
The use of marijuana by way of any of the following methods:
1. 
Ingestion of capsules, teas, oils, and other marijuana-infused products;
2. 
Vaporization or smoking or dried flowers, buds, plant material, extracts, or oils;
3. 
Application of ointments or balms;
4. 
Transdermal patches and suppositories; and
5. 
Consuming marijuana-infused products.
B. 
Using marijuana or marijuana-infused products shall be prohibited in all public places in the City of Cottleville.
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 Cottleville, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, and restrooms.
D. 
Exception. The prohibitions in this Section shall not apply to a qualifying patient who use marijuana or marijuana-infused products in a public place that is licensed for such activity by the Department of Health and Human Services under Article XIV, Section 1.7(6) of the Missouri Constitution.
E. 
Posting Of Signs. The owner, operator, manager, or other person in control of a place wherein using marijuana is prohibited by this Section shall clearly and conspicuously post a sign displaying the phrase, "No Marijuana Use" viewable by all in such place.
F. 
Application Of This Section To The City Of Cottleville Facilities. All facilities, including buildings leased or operated by the City of Cottleville, shall be subject to the provisions of this Section. Additionally, using marijuana or marijuana-infused products is prohibited in City-owned or leased vehicles.
G. 
Enforcement.
1. 
This Section shall be enforced by the City Administrator and the City of Cottleville Police Department.
2. 
Notice of the provisions of this Section shall be given to all applicants for a business license in the City of Cottleville.
3. 
Any resident who desires to register a complaint under this Section may initiate enforcement with the City Administrator of the City of Cottleville Police Department.
4. 
An owner, operator, or employee of an establishment regulated by this Section shall inform persons violating the Section of the appropriate provisions thereof.
H. 
Penalties.
1. 
A qualifying patient who uses marijuana under the provisions of Article XIV, Section 1, of the Missouri Constitution, 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 that does not meet the criteria of being a qualifying patient, who is over the age of twenty-one (21), and 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.
3. 
An individual under the age of twenty-one (21) who smokes marijuana, shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). A person under the age of twenty-one (21) in violation of this Section shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the fine. Each separate violation carries with it a separate penalty.
[Ord. No. 2067, 2-15-2023]
A. 
Definitions. For the purposes of this Section, the following terms shall have the meaning set forth below:
DRIED UNPROCESSED MARIJUANA OR ITS EQUIVALENT
The marijuana flower as it has been cured and trimmed, or its equivalent amount of marijuana concentrate or tetrahydrocannabinol ("THC") content. For purposes of purchase and possession limitations, one (1) ounce of dried, unprocessed marijuana is equivalent to eight (8) grams of marijuana concentrate or eight hundred (800) milligrams of THC in marijuana-infused products.
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.
QUALIFYING PATIENT
Shall have the same meaning as set forth in 19 CSR 30-95.010, as amended.
Any terms used in this Section but not defined herein or elsewhere in the Municipal Code shall have the meaning provided in the applicable State regulations, as amended.
B. 
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 (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.
2. 
Non-Qualifying Patient Consumers, Twenty-One Years Of Age Or Older.
a. 
Non-qualifying patient consumers, twenty-one (21) years of age or older, may only purchase up to three (3) ounces of dried, unprocessed marijuana or its equivalent in a single transaction.
C. 
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 (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 (90) day supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana in excess of a sixty (60) day supply remains in an enclosed, locked facility.
2. 
Non-Qualifying Patient Consumers, Twenty-One 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 (c)(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.
(2) 
Any non-qualifying patient consumer, twenty-one (21) years of age or older, who possesses greater than (6) ounces of dried, unprocessed marijuana or its equivalent, shall be subject to an offense, the penalty for which shall be consistent with Section 100.220 of the Municipal Code.
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 (c)(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 one hundred dollars ($100.00) and forfeiture of the marijuana. In lieu of the fine, any person found guilty of Subsection (c)(3)(a) shall be provided the option of attending up to four hours of drug education or counseling.
(2) 
Any person who violates Subsection (c)(3)(a) by possessing dried, unprocessed marijuana or its equivalent in an amount greater than three (3) ounces, but less than six (6) ounces, shall be punished by a civil penalty not to exceed two hundred fifty dollars ($250.00) and forfeiture of the marijuana. Any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the fine. Further, penalties under this Subsection may be satisfied by the performance of community service, the rate of pay-down associated with said service option will be the greater of fifteen dollars ($15.00) or the minimum wage in effect at the time of judgement.
(3) 
Any person who violates Subsection (c)(3)(a) by possessing dried, unprocessed marijuana or its equivalent in an amount greater than six (6) ounces shall be subject to an offense, the penalty for which shall be consistent with Section 100.220 of the Municipal Code.