City of Florissant, MO ARTICLE XI Offenses Concerning Drugs

Section 210.1800 Possession of Synthetic Cannabinoid. [1]

[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.[2]

[1] Note: Under certain circumstances this offense can be a felony under state law.

[2] State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 579.015, RSMo.

Section 210.1810 Possession of a Controlled Substance. [1]

[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.[2]

[1] Note: Under certain circumstances this offense can be a felony under state law.

[2] State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 579.015, RSMo.

Section 210.1815 Limit on Sale or Dispensing of Certain Drugs — Exceptions — Violations and Penalties.

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 more than the following amount: 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: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than nine (9) grams, without regard to the number of transactions.

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 more than the following amount: 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: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than three and six-tenths (3.6) grams without regard to the number of transactions.

D. 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.

E. 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 by regulation.

F. 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.

G. 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.

H. 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.

I. The penalty for a knowing or reckless violation of this Section is found in Section 579.060, RSMo.

Section 210.1820 Limitations on the Retail Sale of Methamphetamine Precursor Drugs.

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. The penalty for a knowing violation of Subsection (A) of this Section is found in Section 569.060, RSMo.

Section 210.1830 Unlawful Possession of Drug Paraphernalia. [1]

[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.

[1] Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1840 Inhalation or Inducing Others To Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

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.

Section 210.1850 Inducing, or Possession With Intent To Induce, Symptoms by Use of Solvents and Other Substances, Prohibited.

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.

Section 210.1860 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.1840 to 210.1850 — Penalty. [1]

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.

Section 210.1870 Selling or Transferring Solvents To Cause Certain Symptoms, Penalty — Certain Alcoholic Beverage Sellers Prohibited From Selling, Penalty.

A. No person shall knowingly and intentionally sell or otherwise transfer possession of any solvent, particularly toluol, to any person 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.

B. No person who owns or operates any business which receives over fifty percent (50%) of its gross annual income from the sale of alcoholic beverages or beer shall sell or offer for sale toluol or any toxic glue.

Section 210.1880 Reporting Theft of Ephedrine Products.

A. Any person who sells ephedrine products and who discovers a theft, disappearance or other loss of an ephedrine product shall report the theft, disappearance or loss in writing to the Florissant Police Department within three (3) calendar days of such discovery.

B. Any person who sells ephedrine products shall report to the Florissant Police Department any difference between the quantity of ephedrine products shipped and the quantity of ephedrine products received within three (3) calendar days of discovery.

Section 210.1890 Salvia Divinorum a/k/a Salvinorin A.

[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.

Section 210.1900 Marijuana and Marijuana Accessories Regulations.

[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.

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.

Section 210.1910 Sale of Marijuana, Marijuana-Infused Products, Marijuana Accessories.

[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.

Section 210.1920 through Section 210.1960. (Reserved)