[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. 
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. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or imitation controlled substances;
3. 
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. 
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. 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances or imitation controlled substances;
6. 
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. 
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. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or imitation controlled substances;
9. 
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. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or imitation controlled substances;
11. 
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. 
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. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. 
Water pipes;
c. 
Carburetion tubes and devices;
d. 
Smoking and carburetion masks;
e. 
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. 
Miniature cocaine spoons and cocaine vials;
g. 
Chamber pipes;
h. 
Carburetor pipes;
i. 
Electric pipes;
j. 
Air-driven pipes;
k. 
Chillums;
l. 
Bongs;
m. 
Ice pipes or chillers.
13. 
Substances used, intended for use, or designed for use in the manufacture of a controlled substance.
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:
1.
Statements by an owner or by anyone in control of the object concerning its use;
2.
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;
3.
The proximity of the object, in time and space, to a direct violation of this Section;
4.
The proximity of the object to controlled substances or imitation controlled substances;
5.
The existence of any residue of controlled substances or imitation controlled substances on the object;
6.
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;
7.
Instructions, oral or written, provided with the object concerning its use;
8.
Descriptive materials accompanying the object which explain or depict its use;
9.
National or local advertising concerning its use;
10.
The manner in which the object is displayed for sale;
11.
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;
12.
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
13.
The existence and scope of legitimate uses for the object in the community;
14.
Expert testimony concerning its use; and
15.
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.
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. 
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. 
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. 
Whether the substance is packaged in a manner normally used for illicit controlled substances;
4. 
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. 
The proximity of the substance to controlled substances;
6. 
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[1]]
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.
[1]
Editor's Note: Ord. No. 19-08-02 also changed the title of this Section from "Drugs and Marijuana — Legal Possession" to "Drugs — Possession."
[R.O. 2012 §230.140; Ord. No. 14-01-05 §4, 1-21-2014; Ord. No. 19-08-02, 8-2-2019[2]]
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.
[1]
Note — Under certain circumstances this offense can be a felony under state law.
[2]
Editor's Note: Ord. No. 19-08-02 also changed the title of this Section from "Drugs and Marijuana — Illegal Use" to "Drugs — Possession Of Marijuana."
[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.
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 230.1840 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 230.1840 and 230.1850 hereof.
B. 
Any person who violates any provision of Sections 230.1840 through 230.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony under state law.