A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
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, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized 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.
Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on 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, 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.
[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 210.1840 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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
DRUG MASKING PRODUCT
SYNTHETIC URINE
For
purposes of this Section, the following terms mean:
Synthetic urine, human urine, a substance designated to be
added to human urine, or a substance designated to be added to or
used on human hair or oral fluid for the purpose of defrauding an
alcohol or a drug screening test.
A substance that is designated to simulate the composition,
chemical properties, physical appearance, or physical properties of
human urine.
B.
A
person commits the offense of unlawful distribution, delivery, or
sale of a drug masking product if the person unlawfully distributes,
delivers, or sells a drug masking product.
[R.O. 2011 § 215.1880; R.O. 2010 § 215.320; Ord. No. 760 § 1, 6-2-2003; Ord. No. 1092 § 1, 8-1-2011]
A.
The
limits specified in this Section shall not apply to any quantity of
such product, mixture, or preparation which must be dispensed, sold,
or distributed in a pharmacy pursuant to a valid prescription.
B.
Within
any thirty-day period, no person shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire the following in any total amount greater than
seven and two-tenths (7.2) grams, without regard to the number of
transactions:
1.
Any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers, either
as:
C.
Within
any twenty-four-hour period, no pharmacist, intern pharmacist, or
registered pharmacy technician shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire the following in any total amount greater than
three and six-tenths (3.6) grams without regard to the number of transactions:
1.
Any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers, either
as:
D.
Within
any twelve-month period, no person shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire the following in any total amount greater than
forty-three and two-tenths (43.2) grams, without regard to the number
of transactions:
1.
Any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers, either
as:
E.
All
packages of any compound, mixture, or preparation containing any detectable
quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts or optical isomers, or salts of optical isomers,
except those that are excluded from Schedule V in Subsection 17 or
18 of Section 195.017, RSMo., shall be offered for sale only from
behind a pharmacy counter where the public is not permitted, and only
by a registered pharmacist or registered pharmacy technician under
Section 195.017, RSMo.
F.
Each
pharmacy shall submit information regarding sales of any compound,
mixture, or preparation as specified in this Section in accordance
with transmission methods and frequency established by the Department
of Health and Senior Services by regulation.
G.
No prescription shall be required for the dispensation, sale, or distribution of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits described in Subsections (B), (C), and (D) of this Section. The Superintendent of the Missouri State Highway Patrol shall report to the Revisor of Statutes and the General Assembly by February 1 when the statewide number of methamphetamine laboratory seizure incidents exceeds three hundred (300) incidents in the previous calendar year. The provisions of this Subsection shall expire on April 1 of the calendar year in which the Revisor of Statutes receives such notification.
H.
This
Section shall not apply to the sale of any animal feed products containing
ephedrine or any naturally occurring or herbal ephedra or extract
of ephedra.
I.
All
logs, records, documents, and electronic information maintained for
the dispensing of these products shall be open for inspection and
copying by Municipal, County, and State or Federal Law Enforcement
Officers whose duty it is to enforce the controlled substances laws
of this State or the United States.
J.
All
persons who dispense or offer for sale pseudoephedrine and ephedrine
products, except those that are excluded from Schedule V in Subsection
17 or 18 of Section 195.017, RSMo., shall ensure that all such products
are located only behind a pharmacy counter where the public is not
permitted.
K.
The
penalty for a knowing or reckless violation of this Section is found
in Section 579.060, RSMo.
[R.O. 2011 § 215.1890; Ord. No.
1092 § 1, 8-1-2011]
A.
A
person commits the offense of unlawful sale, distribution, or purchase
of over-the-counter methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number of
packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
seven and two-tenths (7.2) grams to the same individual within a thirty-day
period, unless the amount is dispensed, sold, or distributed pursuant
to a valid prescription; or
2.
Purchases, receives, or otherwise acquires within a thirty-day period
any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than seven and two-tenths (7.2) grams, without
regard to the number of transactions, unless the amount is purchased,
received, or acquired pursuant to a valid prescription; or
3.
Purchases, receives, or otherwise acquires within a twenty-four-hour
period any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than three and six-tenths (3.6) grams, without
regard to the number of transactions, unless the amount is purchased,
received, or acquired pursuant to a valid prescription; or
4.
Sells, distributes, dispenses, or otherwise provides any number of
packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts, optical
isomers, or salts of optical isomers, in a total amount greater than
forty-three and two-tenths (43.2) grams to the same individual within
a twelve-month period, unless the amount is dispensed, sold, or distributed
pursuant to a valid prescription; or
5.
Purchases, receives, or otherwise acquires within a twelve-month
period any number of packages of any drug product containing any detectable
amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical isomers in
a total amount greater than forty-three and two-tenths (43.2) grams,
without regard to the number of transactions, unless the amount is
purchased, received, or acquired pursuant to a valid prescription;
or
6.
Dispenses or offers drug products that are not excluded from Schedule
V in Subsection 17 or 18 of Section 195.017, RSMo., and that contain
detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine,
or any of their salts, optical isomers, or salts of optical isomers,
without ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such products are
dispensed by a registered pharmacist or pharmacy technician under
Subsection 11 of Section 195.017, RSMo.; or
7.
Holds a retail sales license issued under Chapter 144, RSMo., and
knowingly sells or dispenses packages that do not conform to the packaging
requirements of Section 195.418, RSMo.
B.
A
pharmacist, intern pharmacist, or registered pharmacy technician commits
the offense of unlawful sale, distribution, or purchase of over-the-counter
methamphetamine precursor drugs if he or she knowingly:
1.
Sells, distributes, dispenses, or otherwise provides any number of
packages of any drug product containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, in a total amount greater
than three and six-tenth (3.6) grams to the same individual within
a twenty-four hour period, unless the amount is dispensed, sold, or
distributed pursuant to a valid prescription; or
2.
Fails to submit information under Subsection 13 of Section 195.017, RSMo., and Section 210.1880(F) about the sales of any compound, mixture, or preparation of products containing detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, in accordance with transmission methods and frequency established by the Department of Health and Senior Services; or
3.
Fails to implement and maintain an electronic log, as required by
Subsection 12 of Section 195.017, RSMo., of each transaction involving
any detectable quantity of pseudoephedrine, its salts, isomers, or
salts of optical isomers or ephedrine, its salts, optical isomers,
or salts of optical isomers; or
4.
Sells, distributes, dispenses or otherwise provides to an individual
under eighteen (18) years of age without a valid prescription any
number of packages of any drug product containing any detectable quantity
of pseudoephedrine, its salts, isomers, or salts of optical isomers,
or ephedrine, its salts or optical isomers, or salts of optical isomers.
C.
Any
person who violates the packaging requirements of Section 195.418,
RSMo., and is considered the general owner or operator of the outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale shall not be penalized if he or she documents
that an employee training program was in place to provide the employee
who made the unlawful retail sale with information on the State and
Federal Regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine.
