[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.
[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.
[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.
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.
[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.
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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.