[Ord. No. 1623, 8-20-2019; Ord.
No. 1679, 2-21-2023]
A.
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 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.
B.
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.
b.
Primary caregivers may possess a separate legal limit for each qualifying
patient under their care and a separate legal limit for themselves
if they are a qualifying patient, each of which shall be stored separately
for each qualifying patient and labeled with the qualifying patient's
name.
2.
Non-Qualifying Patient Consumers, Twenty-One (21) 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 (B)(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 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. For a third and any subsequent violation, the consumer shall be subject to a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) 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.
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 (B)(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 such person shall be provided the option of attending up to four (4) hours of drug education or counseling.
(2)
Any person who violates Subsection (B)(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. In lieu of the fine, any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling. 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.
[Ord. No. 1623, 8-20-2019; Ord.
No. 1679, 2-21-2023]
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, except and only to the extent 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 marijuana.[2]
A.
The retail sale of methamphetamine precursor drugs shall be limited
to:
1.
Sales in packages containing not more than a total of three
(3) grams of one (1) or more methamphetamine precursor drugs calculated
in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine
base; and
2.
For non-liquid products, sales in blister packs, each blister
containing not more than two (2) dosage units, or where the use of
blister packs is technically infeasible, sales in unit dose packets
or pouches.
[Ord. No. 1623, 8-20-2019; Ord.
No. 1679, 2-21-2023]
Except and only to the extent as 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 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, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, administer, 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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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 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 215.1840 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.
A.
No person shall intentionally possess or buy 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 inducing or aiding any other person to violate the provisions
of Sections 210.1840 and 210.1850 hereof.
B.
Any person who violates any provision of Sections 210.1840 through
210.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 1679, 2-21-2023]
A.
PLACE OF EMPLOYMENT
PUBLIC PLACE
Definitions.
For the purposes of this Section, the following terms shall have the
meaning set forth below:
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.
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.
B.
Using
marijuana or marijuana-infused products shall be prohibited in all
public places in the City of Warson Woods.
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 Warson Woods, including, but not limited to, common work areas,
auditoriums, classrooms, conference and meeting rooms, private offices,
elevators, hallways, medical facilities, cafeterias, employees lounges,
stairs, and restrooms.
D.
Exception. The prohibitions in this Section shall not apply to a qualifying patient who uses marijuana or marijuana-infused products in a public place that is licensed for such activity by the Department of Health and Senior Services under Article XIV, Section 1.7(6) of the Missouri Constitution, as amended.
E.
Application
Of This Section To The City Of Warson Woods Facilities. All facilities,
including buildings leased or operated by the City of Warson Woods,
shall be subject to the provisions of this Section. Additionally,
using marijuana or marijuana-infused products is prohibited in City-owned
or City-leased vehicles.
G.
Penalties.
1.
A qualifying patient who uses marijuana under the provisions of Article XIV, Section 1 of the Missouri Constitution, as amended, providing for medical marijuana, but nonetheless violate 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 who is not a qualifying patient and who 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.
