[1]
Cross Reference — Nuisances, ch. 220.
Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, RSMo.
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.
A. 
A person who appears to be incapacitated or intoxicated may be taken by a Peace Officer to the person's residence, to any available treatment service, or to any other appropriate local facility, which may if necessary include a jail, for custody not to exceed twelve (12) hours.
B. 
Any officer detaining such person shall be immune from prosecution for false arrest and shall not be responsible in damages for taking action pursuant to Subsection (A) above if the officer has reasonable grounds to believe the person is incapacitated or intoxicated by alcohol and he/she does not use unreasonable excessive force to detain such person.
C. 
Such immunity from prosecution includes the taking of reasonable action to protect himself/herself from harm by the intoxicated or incapacitated person.
[Ord. No. 23-2013 §1, 5-7-2013]
A. 
Purpose and Intent. The Neosho City Council finds and declares that the products and synthetic substances described hereunder are commonly used as alternatives to amphetamines, cocaine, ecstasy and other illegal drugs. The Council further finds that these synthetic substances are particularly appealing to youth, and that these synthetic substances are potentially dangerous to users in the short term, and the long-term effects are not yet known. The Council finds that the products which contain these synthetic substances often use a disclaimer that the product is not for human consumption to avoid regulations that require the manufacturer to list the product's active ingredients. The Council finds that drug designers and chemists can quickly create new synthetic drugs once Federal or State law makes a particular synthetic drug illegal. As such, the Council finds there is a need to declare illegal the sale, offer for sale, purchase with intent to sell and public display for sale of synthetic substances that have not yet themselves been categorized as illegal controlled substances under Federal or State law. The Council further finds that it is proper and necessary for the Council to exercise its authority to safeguard and protect the public health, safety and welfare by taking this action.
B. 
Definitions. For purposes of this Section, the following terms apply:
STRUCTURALLY SIMILAR
Chemical substitutions off a common chemical backbone associated with cathinone, methcathinone, amphetamine, methamphetamine, cocaine. 3-Fluoromethcathinone, 4-Fluoromethcathinone, 3, 4-Methylenedioxy- methamphetamine (MDMA), 3,4-methylenedioxymethcathinone, 3,4-methylenedioxy- pyrovalerone (MDPV), methylmethcathinone, methoxy-methcathinone, methyleth- cathinone, fluoromethcathinone, BZP (benzylpiperazine), Mephedrone, or 4-methylmethcathinone, 4-methoxymethcathinone, Methylenedioxypyrovalerone, MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone fluorophenylpiperazine, methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4-dibenzyl-piperazine), TFMPP (3-Trifluoromethylphenylpiperazine), MBDB (Methylbenzodioxolylbutanamine), Hydroxy-alpha-methyltryptamine, Methylone, or 3,4-Methylenedioxymethchathinone, 4-methyl-alpha-pyrrolidinobutiophenone, or MPBP, 5 -Hydroxy-N-methyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, Methylone, or 3, 4-Methylenedioxymethcathinone. 5-Methoxy-alpha-methyltryptamine, methyltryptamine. 5-Methoxy-N, N-dimethyltryptamine, 5-Methyl-N, N-dimethyl- tryptamine, 5-Methoxy-N, N-Diisopropyltryptamine. DiPT (N, N Diisopropyltryptamine), DPT (N, N-Dipropyltryptamine), 4-Hydroxy-N, N-diisopropyltryptamine, N, N-Diallyl-5Methoxytryptamine, DOI (4-Iodo-2.5- dimethoxyamphetamine). D0C (4-Chloro-2, 5-dimethoxyamphetamine), 2C-E(4-Ethyl-2,5-dimethoxyphenethylamine). 2C-T-4 (2,5-Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4-Chloro-2, 5-dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine), 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7(2,5-Dimethoxy-4-(n)- propylthio-phenethylamine), 2C-1 (4-Iodo-2,5- dimethoxyphenethylamine), Butylone (beta-keto-N-methylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methylenedioxy-N-ethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3,4-methylenedioxycathinone, N-N-Diethyl-3, 4-methylene- dioxycathinone, 3,4-methylenedioxy-propiophenone, 2-Bromo-3,4-Methyl- enedioxypropiophenone, 3,4-methylenedioxy-propiophenone-2-oxime, N-Acetyl- 3,4-methylenedioxycathinone, N-Aeetyl-N-Methyl3,4-Methylenedioxy-cathinone, N-Acetyl-N-Ethyl3,4-Methylenedioxycathinone, Bromomethcathinone, Buphedrone (alpha- methylamino-butyrophenone), Eutylone (beta-KetoEthylbenzodioxolyl- butanamine), Dimethylcathinone, Dimethylmethcathinone, Pentylone (beta-Keto-Methylbenzodioxolylpentanamine) (MDPPP) 3,4- Methylenedioxy-alpha pyrrolidino-propiophenone, (MDPBP) 3, 4-Methylenedioxy-alphapyrroli- dinobutiophenone, Methoxy-alpha Myrrolidinopropiophenone (MOPPP), Methyl-alphapyrrolidinohexiophenone (MPHP), Benocyclidine (B CP), benzothiophenylcyclohexylpiperidine (BTCP), Fluoromethylaminobutyrophenone (FMABP), Methoxypyrrolidinobutyrophenone (Me0- PBP), Ethylpyrrolidinobutyrophenone (Et-PBP), 3- Methyl-4-Methoxymethcathinone (3-Me-4-Me0-MCAT), Methylethylaminobutyrophenone (MeEABP), Methylamino-butyrophenone (MABP), Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pryyolidinovalerophenone (PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP), or related salts, isomers, and salts of isomers, listed in the controlled substance schedules in Chapter 195, RSMo., as amended, or otherwise prohibited by Federal or State law.
SYNTHETIC STIMULANT
Any chemical or mixture of chemicals, however packaged, that has a stimulant effect on the central nervous system and is structurally similar to cathinone, methcathinone, amphetamine, methamohetamine, cocaine, MDMA or any other substance listed in the definition of "structurally similar", above, or related salts, isomers, and salts of isomers, as listed in the controlled substance schedules in Chapter 195, RSMo., or otherwise prohibited by Federal or State law. Synthetic stimulant shall also include any chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamohetamine, cocaine, MDMA or any other substance listed in the definition of "structurally similar", above, or related salts, isomers, and salts of isomers. Packaging that indicates, suggests or implies that a product mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy or any other substance listed in the definition of "structurally similar", above, shall create a presumption that the product mimics the effect of the substance. Synthetic stimulant shall not include any substance currently listed in the controlled substance schedules in Chapter 195, RSMo., or otherwise prohibited by Federal or State law, as such may be amended from time to time.
SYNTHETIC STIMULANT BATH SALTS
Any substance, whether in powder, crystal, liquid, tablet or capsule from, containing a synthetic stimulant as defined herein or to which a synthetic stimulant has been added or applied, that can be ingested by smoking, inhaling or other method, regardless of whether the substance is marketed as not for the purpose of human consumption, and regardless of how the substance is labeled, including but not limited to bath salts, insect repellant, plant food, herbs, incense. iPod cleaner, nutrient, dietary supplement or spice.
C. 
Sale, Offer for Sale and Purchase With Intent To Sell Synthetic Stimulant Bath Salts and Synthetic Stimulants Prohibited. It shall be unlawful for any store owner, store manager, store purchaser or other person to sell, offer for sale or purchase with intent to sell any synthetic stimulant bath salts as defined herein or any synthetic stimulants as defined herein.
D. 
Public Display for Sale of Synthetic Stimulant Bath Salts and Synthetic Stimulants Prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or other person to publicly display for sale any synthetic stimulant bath salts as defined herein or any synthetic stimulant as defined herein.
E. 
Affirmative Defense. It shall be an affirmative defense to prosecution of a violation of this Section if the sale, offer for sale, purchase with intent to sell or public display for sale of synthetic stimulant bath salts as defined herein or synthetic stimulants as defined herein is pursuant to the direction or prescription of a licensed physician or dentist authorized in the State of Missouri to direct or prescribe such act.
F. 
Seizure and Destruction of Synthetic Stimulant Bath Salts and Synthetic Stimulants. Synthetic stimulant bath salts and synthetic stimulants prohibited herein may be seized by Law Enforcement Officers and may be destroyed in the same manner used to destroy narcotics and contraband substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
G. 
Injunctive Relief. The City of Neosho shall have the authority to seek an injunction against any person or business violating the provisions of this Section. In any action seeking an injunction, the City of Neosho shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial level and on appeal.
H. 
Subsequent Federal or State Action. If Congress, a Federal agency, the Missouri General Assembly or Missouri agency with such authority amends Federal or State law to include a particular substance or otherwise enacts or amends a Federal or State law providing for criminal penalties for the prohibitions of substances set forth in this Section, then upon the effective date of such enactment or amendment, the provisions of this Section addressed by Federal or State law shall no longer be deemed effective. Any violations of this Section committed prior to such law so enacted may be prosecuted.
I. 
Penalty. Violation of a provision of this Section is a misdemeanor. Any person who knowingly violates any provision of this Section shall be punished by a fine not to exceed five hundred dollars ($500.00), County Jail not to exceed ninety (90) days, or a combination of both fine and County Jail.
[Ord. No. 24-2013 §1, 5-7-2013]
A. 
Purpose and Intent. The Neosho City Council finds and declares that the products and synthetic substances described hereunder are commonly used as alternatives to marijuana. The Council further finds that these synthetic substances are particularly appealing to youth, and that these synthetic substances are potentially dangerous to users in the short term, and the long-term effects are not yet known. The Council finds that the products which contain these synthetic substances often use a disclaimer that the product is not for human consumption to avoid regulations that require the manufacturer to list the product's active ingredients. The Council finds that drug designers and chemists can quickly create new synthetic drugs once Federal or State law makes a particular synthetic drug illegal. As such, the Council finds there is a need to declare illegal the sale, offer for sale, purchase with intent to sell and public display for sale of synthetic substances that mimic illegal controlled substances that have not yet themselves been categorized as illegal controlled substances under Federal or State law. The Council further finds that it is proper and necessary for the Council to exercise its authority to safeguard and protect the public health, safety and welfare by taking this action.
B. 
Definitions. For purposes of this Section, the following terms apply:
STRUCTURALLY SIMILAR
Chemical substitutions off a common chemical backbone associated with cathinone, metheathinone, amphetamine, methamphetamine, cocaine, 3-Fluoromethcathinone, 4-Fluoromethcathinone, 3, 4-Methylenedioxy- methamphetamine (MDMA), 3,4-methylenedioxymethcathinone, 3,4-methylenedioxy- pyrovalerone (MDPV), methylmethcathinone, methoxy-methcathinone, methyleth- cathinone, fluoromethcathinone, BZP (benzylpiperazine), Mephedrone, or 4-methylmethcathinone, 4-methoxymethcathinone, Methylenedioxypyrovalerone, MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone fluorophenylpiperazine, methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1, 4-dibenzyl-piperazine), TFMPP (3- Trifluoromethylphenylpiperazine), MBDB (Methylbenzodioxolylbutanamine), Hydroxy-alpha-methyltryptamine, Methylone, or 3,4-Methylenedioxymethchathinone, 4-methyl-alpha-pyrrolidinobutiophenone, or MPBP, 5 -Hydroxy-N-methyltryptamine, 5-Methoxy-N-methyl-N-isopropyltryptamine, Methylone, or 3, 4-Methylenedioxymethcathinone, 5-Methoxy-alpha-methyltryptamine, methyltryptamine, 5-Methoxy-N, N-dimethyltryptamine, 5-Methyl-N, N-dimethyl- tryptamine, 5-Methoxy-N, N-Diisopropyltryptamine, DiPT (N, N Diisopropyltryptamine), DPT (N, N-Dipropyltryptamine), 4-Hydroxy-N, N-diisopropyltryptamine, N, N-Dially1-5Methoxytryptamine, DOI (4-Iodo-2,5- dimethoxyamphetamine), D 0 C (4-Chloro-2, 5-dimethoxyamphetamine), 2C-E(4-Ethy1-2,5-dimethoxyphenethylamine), 2C-T-4 (2,5- Dimethoxy-4-isopropylthiophenethylamine), 2C-C (4-Chloro-2, 5-dimethoxyphenethylamine), 2C-T (2,5-Dimethoxy-4-methylthiophenethylamine), 2C-T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine), 2C-T-7 (2, 5 - Dimethoxy -4-(n)-propylthiophenethylamine), 2C-I (4-lodo-2.5-dimethoxyphenethylamine), Butylone (beta-keto-Nmethylbenzodioxolylpropylamine), Ethcathinone, Ethylone (3,4-methyl- enedioxy-N-ethylcathinone), Naphyrone (naphthylpyrovalerone), N-N-Dimethyl-3, 4-methylenedioxycathinone, N-N-Diethy1-3, 4-methylenedioxycathinone, 3,4-methyl- enedioxy-propiophenone, 2-Bromo-3,4-Methylenedioxypropiophenone, 3,4-methyl- enedioxy-propiophenone-2-oxime, N-Acetyl- 3,4-methylenedioxycathinone, N-Acetyl-N- Methyl3,4-Methylenedioxy-cathinone, N-Acetyl-N-Ethyl3, 4-Methylenedioxycathinone, Bromomethcathinone, Buphedrone (alpha- methylamino-butyrophenone), Eutylone (beta-KetoEthylbenzodioxolylbutanamine). Dimethylcathinone. Dimethylmethcathinone, Pentylone (beta-Keto-Methylbenzodioxolylpentanamine) (MDPPP) 3,4- Methylenedioxy-alpha pyrrolidino-propiophenone, (MDPBP) 3 ,4-Methylenedioxy- alphapyrrolidinobutiophenone, Methoxy-alpha Myrrolidinopropiophenone (MOPPP), Methyl-alpha- pyrrolidinohexiophenone (MPHP), Benocyclidine (B CP), benzothiophenylcyclohexylpiperidine (BTCP), Fluoromethylaminobutyrophenone (F-MABP), Methoxypyrrolidinobutyrophenone (Me0- PBP), Ethyl-pyrro- lidinobutyrophenone (Et-PBP), 3- Methyl-4-Methoxymethcathinone (3-Me-4-Me0- MCAT). Methylethylaminobutyrophenone (MeEABP), Methylamino-butyrophenone (MABP). Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP), Pryyolidinovalerophenone (PVP), Methyl-alpha-pyrrolidinopropiophenone (MPPP), or related salts, isomers, and salts of isomers, listed in the controlled substance schedules in Chapter 195, RSMo., as amended, or otherwise prohibited by Federal or State law.
SYNTHETIC CANNABINOID HERBAL INCENSE
Any natural or synthetic material, compound, mixture or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including, but not limited to, the synthetic cannabinoids specific all listed in Section 195.017, RSMo., and any analogues, homologues, isomers, esters, ethers and salts. These include the aromatic or non-aromatic plant material containing a synthetic drug, or to which a synthetic drug has been sprayed, applied or otherwise added, that is distributed in a loose, leafy, powder or granular form or in a compressed block or blocks that can be crushed to result in a powder or granular form, that can be placed into a pipe, cigarette paper or drug paraphernalia for purposes of ingestion by smoking, inhaling or other method, regardless of how the substance is labeled., including but not limited to insect repellant, plant food, herbs, incense, nutrient, dietary supplement or spice.
SYNTHETIC STIMULANT
Any chemical or mixture of chemicals, however packaged, that has a stimulant effect on the central nervous system and is structurally similar to cathinone, methcathinone, amphetamine, methamohetamine, cocaine, MDMA or any other substance listed in the definition of "structurally similar", above, or related salts, isomers, and salts of isomers, as listed in the controlled substance schedules in Chapter 195, RSMo., or otherwise prohibited by Federal or State law. Synthetic stimulant shall also include any chemical or mixture of chemicals, however packaged, that mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamohetamine, cocaine, MDMA or any other substance listed in the definition of "structurally similar", above, or related salts, isomers, and salts of isomers. Packaging that indicates, suggests or implies that a product mimics the pharmacological effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy or any other substance listed in the definition of "structurally similar", above, shall create a presumption that the product mimics the effect of the substance. Synthetic stimulant shall not include any substance currently listed in the controlled substance schedules in Chapter 195, RSMo., or otherwise prohibited by Federal or State law, as such may be amended from time to time.
C. 
Sale, Offer for Sale and Purchase With Intent To Sell Synthetic Cannabinoid Herbal Incense Prohibited. It shall be unlawful for any store owner, store manager, store purchaser or other person to sell, offer for sale or purchase with intent to sell any synthetic cannabinoid herbal incense as defined herein.
D. 
Public Display for Sale of Synthetic Cannabinoid Herbal Incense Prohibited. It shall be unlawful for any store owner, store manager, store purchasing agent or other person to publicly display for sale any synthetic cannabinoid herbal incense as defined herein.
E. 
Affirmative Defense. It shall be an affirmative defense to prosecution of a violation of this Section if the sale, offer for sale or public display for sale of synthetic cannabinoid herbal incense is pursuant to the direction or prescription of a licensed physician or dentist authorized in the State of Missouri to direct or prescribe such act.
F. 
Seizure and Destruction of Synthetic Cannabinoid Herbal Incense. Synthetic cannabinoid herbal incense prohibited herein may be seized by Law Enforcement Officers and may be destroyed in the same manner used to destroy narcotics and contraband substances, after its use for evidentiary purposes in any judicial proceeding is no longer required.
G. 
Injunctive relief. The City of Neosho shall have the authority to seek an injunction against any person or business violating the provisions of this Section. In any action seeking an injunction, the City of Neosho shall be entitled to collect its enforcement expenses, including forensic costs, law enforcement costs and reasonable attorney fees and costs incurred at the trial level and on appeal.
H. 
Subsequent Federal or State Action. If Congress, a Federal agency, the Missouri General Assembly or Missouri agency with such authority amends Federal or State law to include a particular substance or otherwise enacts or amends a Federal or State law providing for criminal penalties for the prohibitions of substances set forth in this Section, then upon the effective date of such enactment or amendment, the provisions of this Section addressed by Federal or State law shall no longer be deemed effective. Any violations of this Section committed prior to such law so enacted may be prosecuted.
I. 
Penalty. Violation of a provision of this Section is a misdemeanor. Any person who knowingly violates any provision of this Section shall be punished by a fine not to exceed five hundred dollars ($500.00), County Jail not to exceed ninety (90) days or a combination of both fine and county jail.
[Ord. No. 420-2023, 6-20-2023]
A. 
Public Consumption; Smoking.
1. 
No person shall consume marijuana in a public place.
2. 
No person shall smoke marijuana in a public place.
3. 
No person shall smoke marijuana in any place the smoking of tobacco is prohibited.
4. 
For purposes of this Section, a "public place" means any public or private property, or portion thereof, that is open to the general public, including, but not limited to, sidewalks, streets, bridges, parks, schools, and businesses.
a. 
"Public place" shall not include:
(1) 
The residence of the person smoking or consuming marijuana or the residence of another person when the person in control of the property has consented to the smoking or consumption of marijuana; or
(2) 
Any area licensed for such activity by the City.
5. 
Violation of Section 215.700(A)(2) shall be punishable by a fine not to exceed one hundred dollars ($100.00).
B. 
Sale To Persons Under Twenty-One (21).
1. 
No person shall deliver to, transfer to, or sell to persons under twenty-one (21) years of age marijuana or marijuana accessories.
2. 
For purposes of this Chapter, "marijuana accessories" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
C. 
Possession By Persons Under Twenty-One (21), Three (3) Ounces Or Less.
1. 
Except as provided by Article XIV of the Missouri Constitution, no person under twenty-one (21) years of age may possess, use, ingest, inhale, transport, deliver, or distribute marijuana or marijuana accessories.
2. 
For offenses involving three (3) ounces or less of marijuana, and no monetary consideration, violation of this Section shall be punishable by a fine not to exceed one hundred dollars ($100.00). Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the fine.
D. 
Possession; Less Than Twice The Legal Limit.
1. 
A person who possesses not more than twice the amount of marijuana allowed pursuant to Mo. Const., Article XIV, produces not more than twice the amount of marijuana allowed pursuant to Mo. Const., Article XIV, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age not more than twice the amount of marijuana allowed by Mo. Const., Article XIV, or possesses with intent to deliver not more than twice the amount of marijuana allowed by Mo. Const., Article XIV:
a. 
For a first violation, is subject to a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
b. 
For a second and subsequent violations, is subject to a fine not exceeding five hundred dollars ($500.00) and forfeiture of the marijuana.
c. 
A person under twenty-one (21) years of age is subject to a civil penalty not to exceed two hundred fifty dollars ($250.00). 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.
d. 
In lieu of payment, 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 judgment.
E. 
Motor Vehicle Offenses.
1. 
It shall be unlawful for any person to:
a. 
Operate or be in physical control of any motor vehicle, train, aircraft, motorboat, or other motorized form of transport while under the influence of marijuana. Notwithstanding the foregoing, a conviction of a person who is at least twenty-one (21) years of age for any applicable offenses shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system.
b. 
Consume marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
c. 
Smoke marijuana within a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
F. 
Possession Or Consumption On Certain Property; Prohibited. No person shall possess or consume marijuana or possess marijuana accessories on the grounds of a public or private preschool, elementary or secondary school, institution of higher education, in a school bus, or on the grounds of any correction facility.
G. 
Illegal Growing.
1. 
The following acts by a person are unlawful:
a. 
Illegal Growing. Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing: i) more than six (6) flowering marijuana plants, ii) more than six (6) non-flowering marijuana plants, iii) more than six (6) clones, or iv) any lesser number of such plants or clones if the person is not registered with the Department of Health and Senior Services for cultivation of marijuana plants pursuant to Article XIV, Section 2.4(24).
b. 
Illegal Growing; Registered Cultivator. A person registered with the Department of Health and Senior Services pursuant to Article XIV, Section 2.4(24) for cultivation of marijuana plants within the limits of Article XIV, Section 2.10(1)(b) shall not keep the plants and any marijuana produced by the plants in excess of three (3) ounces at more than one (1) private residence, or in an unlocked space, or in a manner in which they are visible by normal, unaided vision from a public place; and further, shall not keep more than twice the number of allowable plants under Article XIV, Section 2.10(1)(b) in or on the grounds of a private residence at one (1) time.
c. 
Illegal Growing; Visibility; Unregistered Cultivator. A person who is not registered pursuant to Article XIV, Section 2.4(24) and who cultivates marijuana plants that are visible by normal, unaided vision from a public place.
d. 
Illegal Growing; Unsecured; Unregistered Cultivator. A person who is not registered pursuant to Article XIV, Section 2.4(24) and who cultivates marijuana plants that are not kept in a locked space.
2. 
Penalties.
a. 
A person who cultivates marijuana plants that are visible by normal, unaided vision from a public place is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
b. 
A person who cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.