[R.O. 2012 §230.120; Ord. No. 87-6-6 §24.10, 6-1-1987; Ord. No. 14-01-05 §§1 — 3, 1-21-2014]
As used in this Article, the following terms shall have these
prescribed meanings:
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor in Schedules I
through V listed in Sections 195.005 to 195.425, RSMo., as amended.
DELIVER or DELIVERY
The actual, constructive, or attempted transfer from one
person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
DRUG PARAPHERNALIA
Shall mean all equipment, products and materials of any kind
which are used, intended for use or designed for use, in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance or an imitation controlled substance in violation
of this Section. It includes, but is not limited to:
1.Â
Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
2.Â
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances or imitation controlled substances;
3.Â
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance;
4.Â
Testing equipment used, intended for use or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances;
5.Â
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances or imitation controlled
substances;
6.Â
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances or imitation controlled substances;
7.Â
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
8.Â
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances
or imitation controlled substances;
9.Â
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances or imitation controlled substances;
10.Â
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
11.Â
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
or imitation controlled substances into the human body;
12.Â
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
a.Â
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
c.Â
Carburetion tubes and devices;
d.Â
Smoking and carburetion masks;
e.Â
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
f.Â
Miniature cocaine spoons and cocaine vials;
13.Â
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
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In determining whether an object is drug paraphernalia, the
Court or other authority should consider, in addition to all other
logically relevant factors, the following:
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1.
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Statements by an owner or by anyone in control of the object
concerning its use;
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2.
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Prior convictions, if any, of any owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
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3.
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The proximity of the object, in time and space, to a direct
violation of this Section;
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4.
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The proximity of the object to controlled substances or imitation
controlled substances;
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5.
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The existence of any residue of controlled substances or imitation
controlled substances on the object;
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6.
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Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he knows, or should reasonably know, intend to use the object to facilitate
a violation of this Section; the innocence of an owner, or of anyone
in control of the object, as to direct violation of this Section shall
not prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
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7.
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Instructions, oral or written, provided with the object concerning
its use;
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8.
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Descriptive materials accompanying the object which explain
or depict its use;
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9.
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National or local advertising concerning its use;
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10.
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The manner in which the object is displayed for sale;
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11.
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Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
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12.
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Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
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13.
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The existence and scope of legitimate uses for the object in
the community;
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14.
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Expert testimony concerning its use; and
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15.
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The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
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IMITATION CONTROLLED SUBSTANCE
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
1.Â
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration approved
package, with the Federal Food and Drug Administration approved labeling
information;
2.Â
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect;
3.Â
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
4.Â
Prior convictions, if any, of an owner, or anyone in control
of the object, under State or Federal law related to controlled substances
or fraud;
5.Â
The proximity of the substance to controlled substances;
6.Â
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell. An imitation controlled substance
does not include a placebo or registered investigational drug either
of which was manufactured, distributed, possessed or delivered in
the ordinary course of professional practice or research.
[R.O. 2012 §230.130; Ord. No. 80-5-2, 5-5-1980; Ord. No. 19-08-02, 8-2-2019]
No person other than a manufacturer of, or a wholesale dealer
in drugs, a licensed druggist, a duly registered practicing physician,
a licensed veterinarian, or a licensed dentist shall possess any drug
or substance included in Schedules I though V of the Uniform Controlled
Substances Act found in Chapter 195 of the Missouri Revised Statutes
within the City, including, but not limited to: cocaine, opium or
any of its salts, alkaloids or derivatives, choral, barbiturates,
synthetic cannabinoid, any analogue or homologue of a Schedule I controlled
substance, or any compound or preparation of any of them, or any amphetamine,
desoxyephedrine, methylphenidate, or any salt mixture or optical isomer
thereof also having a stimulating effect on the central nervous system.
[R.O. 2012 §230.140; Ord. No. 14-01-05 §4, 1-21-2014; Ord. No. 19-08-02, 8-2-2019]
A. No
person shall possess marijuana within the City, except:
1. A Qualifying Patient for the patient's own personal use, in an amount
no larger than allowed by Missouri law.
2. A Primary Caregiver of a Qualifying Patient in an amount no larger
than allowed by Missouri law.
3. An owner or employee of a Medical Marijuana Facility within the enclosed
building licensed as such or when delivering directly to another Medical
Marijuana Facility.
B. Any
person in possession of medical marijuana shall, immediately upon
request of any Law Enforcement Officer produce a valid Qualifying
Patient identification card, a Primary Caregiver Identification Card,
or a Facility Agent Identification Card issued by the State of Missouri.
C. Any
person lawfully authorized to possess medical marijuana shall maintain
such marijuana in the original packaging or, if personally cultivated
as allowed by law, in a sealed container clearly marked with the patient's
name.
D. No
person shall consume marijuana for medical use in a public place,
unless provided by law.
[R.O. 2012 §230.160; Ord. No. 14-01-05 §6, 1-21-2014]
A. It
is unlawful for any person to possess, deliver, possess with intent
to deliver, manufacture with intent to deliver, or cause to be delivered
any imitation controlled substance.
B. A person
who violates this Section is guilty of an ordinance violation.
[R.O. 2012 §230.170; Ord. No. 87-6-6 §24.15, 6-1-1987]
No parole, probation, suspended sentence or any other form of
judicial clemency may be exercised in behalf of any person being punished
for a third or subsequent offense under this Article, for selling,
giving away, delivering, and/or manufacturing of a drug, simulated
substance, simulated controlled substance, controlled substance, counterfeit
controlled substance and/or dangerous drug, or for any person in violation
of any of the provisions of this Article who has been previously convicted
two (2) or more times for violations of any of the provisions of this
Code not contained in this Article.
[R.O. 2012 §230.180; Ord. No. 14-01-05 §7, 1-21-2014]
A. 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.
B. A person
who violates this Section is guilty of an ordinance violation.
[R.O. 2012 §230.190; Ord. No. 14-01-05 §8, 1-21-2014]
A. It
is unlawful for any person to deliver, possess with intent to deliver,
or manufacture, with intent to deliver, 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 an imitation
controlled substance.
B. A person
who violates this Section is guilty of an ordinance violation.
[R.O. 2012 §230.200; Ord. No. 14-01-05 §9, 1-21-2014]
A. It
is unlawful for any person to place in any newspaper, magazine, handbill,
or other publication any advertisement, knowing, or under circumstances
where one reasonably should know, that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia.
B. It
is unlawful for any person to place in any newspaper, magazine, handbill,
or other publication, or to post or distribute in any public place,
any advertisement or solicitation with reasonable knowledge that the
purpose of the advertisement or solicitation is to promote the distribution
of imitation controlled substances.
C. Any
person who violates this Section is guilty of an ordinance violation.
[R.O. 2012 §230.210; Ord. No. 87-6-6 §24.19, 6-1-1987]
Any person eighteen (18) years of age or over who violates Section
230.573 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior, is guilty of a separate and special offense and upon conviction shall be confined in the City Jail for not more than ninety (90) days and be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or both.
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.