[Ord. No. 8866, 2-13-2023]
A person commits the offense of possession of any synthetic
cannabinoid, as that term is defined in Section 195.010, RSMo., if
he or she knowingly possesses any synthetic cannabinoid, except as
authorized by Chapter 579 or Chapter 195, RSMo.
[Ord. No. 8866, 2-13-2023]
A person commits the offense of possession of a controlled substance,
as defined in Section 195.010, RSMo., if he or she knowingly possesses
a controlled substance, not including marijuana, except as authorized
by Chapter 579, RSMo., or Chapter 195, RSMo.
[Ord. No. 8866, 2-13-2023]
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, 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 Chapter 579, RSMo., or Chapter 195, RSMo., except as allowed by Article
XIV, Section 1 or Section 2 of the Missouri Constitution.
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. 7030 §16.369, 6-29-2004]
It shall be unlawful for any business enterprise located within
the City to sell Salvia Divinorum, a/k/a/ Salvinorin A or any variation
thereof to an individual who is seventeen (17) years of age or younger.
[Ord. No. 8866, 2-13-2023]
A. Unlawful
Possession.
1. It is an offense for any person to knowingly purchase, possess, consume,
use, inject, inhale, process, or transport more than six (6) ounces
of marijuana.
2. A person who is a least twenty-one (21) years of age who knowingly possesses between three (3) and six (6) ounces of marijuana shall thereby commit a violation and be subject to penalty as set forth in Subsection
(F)(3) hereto.
3. It is an offense for any person younger than twenty-one (21) years
of age to knowingly purchase, possess, consume, use, ingest, inhale,
process, or transport marijuana or marijuana accessories. However,
a person who is under twenty-one (21) years of age who possesses,
uses, ingests, inhales, or transports three (3) ounces or less of
marijuana, or possesses marijuana accessories, may only be subject
to a civil penalty not to exceed one hundred dollars ($100.00) and
forfeiture of the marijuana. Any such person shall be provided the
option of attending up to four (4) hours of drug education or counseling
in lieu of the civil penalty.
4. Exception is hereby made for each of the foregoing offenses and violations in this Subsection
(A) if such person is a qualifying patient or primary caregiver possessing a valid identification card issued by the Missouri Department of Health and Senior Services issued for the medical use of marijuana or except as otherwise allowed by Article
XIV, Section 1 or Section 2 of the Missouri Constitution, or Chapter 195 or Chapter 579, RSMo.
B. Unlawful
Distribution.
1. It is an offense for any person or entity, except those facilities
licensed to do so by the State of Missouri, to knowingly distribute
or deliver for consideration marijuana or marijuana accessories.
2. It is an offense for any person or entity, except those facilities
licensed to do so by the State of Missouri, to knowingly deliver or
distribute without consideration more than six (6) ounces of marijuana.
3. It is an offense for any person who is at least twenty-one (21) years
of age to knowingly deliver or distribute without consideration marijuana
or marijuana accessories to a person younger than twenty-one (21)
years of age.
4. Except for those facilities licensed to do so by the State of Missouri, a person who is at least twenty-one (21) years of age who knowingly delivers or distributes without consideration, or possesses with the intent to distribute or deliver, between three (3) and six (6) ounces of marijuana to a person who is at least twenty-one (21) years of age, shall thereby commit a violation and be subject to penalty as set forth in Subsection
(F)(3) hereto.
5. It is an offense for any person younger than twenty-one (21) years
of age to knowingly deliver or distribute without consideration marijuana
or marijuana accessories. A person who is under twenty-one (21) years
of age who delivers or distributes without consideration three (3)
ounces or less of marijuana, or delivers or distributes without consideration
marijuana accessories, may only be subject to a civil penalty not
to exceed one hundred dollars ($100.00) and forfeiture of the marijuana.
Any such person shall be provided the option of attending up to four
(4) hours of drug education or counseling in lieu of the civil penalty.
6. Exception is hereby made for each of the foregoing offenses and violations in this Subsection
(B) if such person is a qualifying patient or primary caregiver possessing a valid identification card issued by the Missouri Department of Health and Senior Services issued for the medical use of marijuana and except as otherwise allowed by Article
XIV, Section 1 or Section 2 of the Missouri Constitution, or Chapter 195 or Chapter 579, RSMo.
C. Unlawful
Cultivation.
1. It is an offense for any person or entity to possess marijuana plants
without a valid registration for cultivation on file with the State
of Missouri.
2. It is an offense for any person or entity, except those facilities
licensed to do so by the State of Missouri, to keep more than twelve
(12) flowering marijuana plants, more than twelve (12) non-flowering
plants (over fourteen (14) inches tall), or more than twelve (12)
clones (plants under fourteen (14) inches tall).
3. Any person or entity who cultivates marijuana plants shall keep the plants and any marijuana produced by the plants at one (1) private residence, in a locked space, and in a place that is not visible by normal, unaided vision from a public place. A person or entity who violates this Subsection
(C)(3) may be subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
D. No
Marijuana Or Marijuana Accessories On School Grounds. It is an offense
for any person to possess or consume marijuana, or to possess marijuana
accessories, on the grounds of a public or private preschool, elementary
or secondary school, institution of higher education, or in a school
bus.
E. No Public Consumption Of Marijuana. It is an offense for any person to smoke or consume marijuana in any public area of the City, including but not limited to outdoor areas, places of employment, public meeting, and public places, and in any place where smoking is prohibited as set forth in Chapter
250, the Indoor Clean Air Code. Exception is hereby made for areas licensed for such activity by the authorities having jurisdiction over the licensing and/or permitting of said activity. A person who smokes marijuana in a public place in violation of this Subsection
(E) is subject to a civil penalty not exceeding one hundred dollars ($100.00).
F. Penalties
For Marijuana Violations.
1. Each violation of the Subsections of this Section 250.1900 shall
constitute a separate offense.
2. Except as otherwise set forth in this Section 250.1900, a person may be punished for violation of this Section as provided in Chapter
100, Section
100.080 of the Code.
3. A person who possesses more than three (3) ounces but less than six
(6) ounces of marijuana, or produces more than three (3) ounces but
less than six (6) ounces of marijuana, or delivers without receiving
any consideration or remuneration to a person who is at least twenty-one
(21) years of age more than three (3) ounces but less than six (6)
ounces of marijuana, or possesses with the intent to deliver more
than three (3) ounces but less than six (6) ounces of marijuana, commits
a violation and is subject to the following:
a. For a first offense, a civil penalty not to exceed two hundred fifty
dollars ($250.00) and forfeiture of the marijuana;
b. For a second offense, a civil penalty not to exceed two hundred fifty
dollars ($250.00) and forfeiture of the marijuana;
c. For a third offense, an infraction punishable by a fine not to exceed
one thousand dollars ($1,000.00) and forfeiture of the marijuana;
d. For a person under twenty-one (21) years of age, 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 civil penalty.
In lieu of payment, penalties under this Subsection (F)(3) may be satisfied by the performance of community service, with a pay-down rate equal to the greater of fifteen ($15.00) or the minimum wage in effect at the time of the judgment.
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G. Defenses. In any complaint, information, action or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Article
XIV, Section 1 or Section 2 of Article
XIV of the Missouri Constitution or Chapter 195 or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
[Ord. No. 8866, 2-13-2023]
A. No
Sales To Persons Under Twenty-One (21) Years Of Age.
1. A person who sells marijuana, including marijuana-infused products,
or marijuana accessories, shall deny the sale of such products to
any person who is less than twenty-one (21) years of age.
2. A person or entity selling marijuana, including marijuana-infused
products, or marijuana accessories, shall require proof of age from
a prospective purchaser or recipient if an ordinary person would conclude
on the basis of appearance that such prospective purchaser or recipient
may be under the age of twenty-one (21).
3. 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
any owner or employee of an establishment that sells marijuana, including
marijuana-infused products, or marijuana accessories, 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 possess marijuana, including marijuana-infused
products, or marijuana accessories, procured from a vendor. 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.
4. A person cited for selling marijuana, including marijuana-infused
products, or marijuana accessories to any person less than twenty-one
(21) years of age in violation of this Section 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 as an affirmative defense that such
individual presented a driver's license or other government-issued
photo identification purporting to establish that such person was
twenty-one (21) years of age or older.
B. Persons
Under Twenty-One (21) Years Of Age Prohibited From Purchasing.
1. Any person less than twenty-one (21) years of age shall not purchase
or attempt to purchase marijuana, including marijuana-infused products,
or marijuana accessories.
2. Any person less than twenty-one (21) years of age shall not misrepresent
his/her age to purchase marijuana, including marijuana-infused products,
or marijuana accessories.
3. No person 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.
C. Proximity
To Certain Institutions. It shall be unlawful for any person to sell,
offer for sale, give away, or deliver marijuana, including marijuana-infused
products, or marijuana accessories, within three hundred (300) feet
of any church, day care center, elementary or secondary school.
D. Separate
Offense. Each violation of the Subsections of this Section 250.1910
shall constitute a separate offense.