[Ord. No. 932, 4-19-2023]
A.
Except
as authorized by Sections 195.005 to 195.425, RSMo., or Article XIV
of the Missouri Constitution, it is unlawful for any person to possess
or have under his/her control a controlled substance as defined by
Section 195.010, RSMo. Pursuant to Article XIV of the Missouri Constitution,
nothing in this Chapter shall be construed to prohibit the possession
or use of marijuana by persons twenty-one (21) years of age or older,
or by qualifying patients, in accordance with the restrictions imposed
herein.
B.
It
shall be unlawful for a person to possess more than three (3) ounces
of marijuana or to produce more than the amount of marijuana authorized
by Article XIV of the Missouri Constitution. A person who possesses
more than three (3) ounces of marijuana, but less than six (6) ounces,
is guilty of an ordinance violation, and shall be subject to a civil
penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture
of the marijuana. For a second violation, such person shall be subject
to a civil penalty not exceeding five hundred dollars ($500.00) and
forfeiture of the marijuana. For a third or subsequent violation,
such person shall be subject to a civil penalty not exceeding one
thousand dollars ($1,000.00) and forfeiture of the marijuana. A person
under twenty-one (21) years of age in possession of in excess of three
(3) ounces of marijuana 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. A person possessing six (6) ounces
or more of marijuana, or who produces or cultivates more than twice
the amount authorized by Article XIV of the Missouri Constitution,
is subject to prosecution under Missouri law.
C.
A person
who is under twenty-one (21) years of age who possesses, uses, ingests,
inhales, transports, delivers without consideration or distributes
without consideration three (3) ounces or less of marijuana, or possesses,
delivers without consideration or distributes without consideration
marijuana accessories shall 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.
[Ord. No. 932, 4-19-2023]
A person who is not a Missouri-licensed marijuana facility or
medical facility commits the offense of unlawful marijuana cultivation
practices if they cultivate marijuana plants that are visible by normal,
unaided vision from a public place or that are not kept in a locked
space, and such person shall be subject to a civil penalty not exceeding
two hundred fifty dollars ($250.00) and forfeiture of the marijuana.
A.
No
person shall deliver in any single over-the-counter sale more than:
1.
Two (2) packages or any number of packages that contain a combined
total of no more than six (6) grams of any drug containing a sole
active ingredient of ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers;
or
2.
Three (3) packages of any combination drug containing, as one of
its active ingredients, ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers,
or any number of packages of said combination drug that contain a
combined total of no more than nine (9) grams of ephedrine, pseudoephedrine,
phenylpropanolamine, or any of their salts, optical isomers, or salts
of optical isomers.
B.
All
packages of any drug having a sole active ingredient of ephedrine,
pseudoephedrine, phenylpropanolamine, or any of their salts, optical
isomers, or salts of optical isomers, shall be displayed and offered
for sale only behind a checkout counter where the public is not permitted,
or within ten (10) feet and an unobstructed view of an attended checkout
counter. This Subsection shall not apply to any retailer utilizing
an electronic anti-theft system that utilizes a product tag and detection
alarm which specifically prevents the theft of such drugs from the
place of business where such drugs are sold.
C.
This
Section shall supersede any municipal ordinances or regulations passed
on or after December 23, 2002, to the extent that such ordinances
or regulations are more restrictive than the provisions of this Section.
This Section shall not apply to any product labeled pursuant to Federal
regulation for use only in children under twelve (12) years of age
or to any products that the State Department of Health and Senior
Services, upon application of a manufacturer, exempts by rule from
this Section because the product has been formulated in such a way
as to effectively prevent the conversion of the active ingredient
into methamphetamine or its salts or precursors or to the sale of
any animal feed products containing ephedrine or any naturally occurring
or herbal ephedra or extract of ephedra.
D.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
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.
B.
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of a misdemeanor.
C.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
[Ord. No. 932, 4-19-2023]
A.
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., in violation of Sections 195.005 to 195.425, RSMo., except
as allowed by Article XIV of the Missouri Constitution.
B.
It
is an offense for any person to distribute, deliver, or sell, or possess
or manufacture with intent to distribute, deliver or sell, 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 imitation
controlled substance as defined by Chapter 195, RSMo., except as allowed
by Chapter 195 or Chapter 579, RSMo., or Article XIV of the Missouri
Constitution.
No person shall intentionally smell or inhale the fumes of any
solvent, particularly toluol, 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.
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 of any
solvent, particularly toluol.
[Ord. No. 932, 4-19-2023]
A.
No
marijuana, marijuana-infused product, preroll, or infused preroll
may be smoked, ingested, or consumed in or upon any City-owned or
publicly-owned property, or in or upon any place open to the general
public, except those areas specifically designated by the owner or
person/entity in control of such premises as being permitted for the
smoking, ingestion, or consumption of marijuana, marijuana-infused
product, preroll, or infused preroll, and where such smoking, ingestion,
or consumption is otherwise lawful under Missouri law. No marijuana
may be smoked in any place in which smoking tobacco is prohibited.
A person who violates this prohibition shall be subject to a civil
penalty not exceeding one hundred dollars ($100.00).
B.
No
marijuana, marijuana-infused product, preroll, or infused preroll
may be smoked, possessed, ingested, or consumed, nor may marijuana
accessories be possessed, in or upon 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 correctional facility.
C.
As
used herein, the phrase "City-owned or publicly-owned property," shall
include parks, streets, sidewalks, buildings, and lots owned or leased
by the City of Oakland, St. Louis County, or the State of Missouri.
