City of Truesdale, MO Article XI Offenses Concerning Drugs

Section 210.1800 Possession of Marijuana or Synthetic Cannabinoid. [1]

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 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]

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 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 210.1820 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]

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.

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 Possession, Use and/or Transport of Bath Salts Drugs.

A. It shall be unlawful and illegal for any individual to posses, use and/or transport a bath salts drug within the City limits of the City of Truesdale.

B. This Section shall apply to materials known as "Cloud Nine," "Ivory Wave," "Blue Silk," etc., and which contain methylenedioxypyrovalerone, also known as MDPV, and/or mephedrone.

C. Anyone violating this Section shall face punishments and penalties as provided for in Section 210.1860.

Section 210.1880 Cannabimimetic Agents and Illegal Smoking Products.

A. Definitions.

1. For the purposes of this Section, the following terms shall have the meanings ascribed to them below:

CANNABIMIMETIC AGENTS

Unless specifically exempted, any material, compound, mixture or preparation which contains any quantity of cannabimimetic agents, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. As used in this Section, cannabimimetic agents means:

a. Any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within the following structural classes:

(1) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;

(2) 3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or napthtyl ring to any extent;

(3) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.

(4) 1-(1-napththylmethyl)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent; or

(5) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.

b. Any substance which includes any one (1) or more of the following chemicals:

(1) CP 47, 497; 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl] phenol;

(2) Cannabicyclohexanol; 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclo- hexyl]-phenol;

(3) HU-210; [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan 2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol)];

(4) HU-211; (dexanabionol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3 (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen -1-ol);

(5) JWH-015; (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methan- one;

(6) JWH-018; 1-pentyl-3-(1-naphthoyl)indole;

(7) JWH-019; 1-hexyl-3-(1-naphthoyl)indole;

(8) JWH-073; 1-butyl-3-(1-naphthoyl)indole;

(9) JWH-081; 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole;

(10) JWH-122; 1-pentyl-3-(4-methyl-1-naphthoyl)indole;

(11) JWH-200; 1-[2-(4-morpholinyl)ethyl]-3-(l-naphthoyl)indole;

(12) JWH-203; 1-penty1-3-(2-chlorophenylacetyl)indole;

(13) JWH-250; 1-pentyl-3-(2-methoxyphenylacetyl)indole;

(14) JWH-398; 1-pentyl-3-(4-chloro-l-naphthoyl)indole;

(15) AM2201; 1-(5-fluoropentyl)-3-(1-naphthoyl)indole;

(16) AM694; 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;

(17) SR-19 and RCS-4; 1-pentyl-3-(4-methoxy-benzoyl)indole; and

(18) SR-18 and RCS-8; 1-2-cyclohexylethyl)-3-(2-methoxypheny-lacetyl) indol.

ILLEGAL SMOKING PRODUCT

Any substance which includes any one (1) or more of the following chemicals:

a. Mephradone (4-methylmethcathinone);

b. 4-methyl-alpha-pyrrolidinobutyrophenone;

c. Methylenedioxypyrovalerone (MDPV); [1-(1, 3-Benzodioxol-5-yl)-2- (1-pyrrolidinyl)-1-pentanone]; and

d. MDAI; 5,6-methylenedioxy-2-aminoinadame.

PERSON

An individual, LLC, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.

2. This Section shall apply, whether the cannabimimetic agents or illegal smoking product, as herein defined, are described as tobacco, herbs, incense, spice, bath salts, plant food or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested; except, however, this Section shall not include any approved pharmaceutical authorized by the United States Food and Drug Administration.

B. Unlawful To Sell, Offer, Gift Or Display. It shall be unlawful for any person to sell, offer to sell, gift, or publicly display for sale any cannabimimetic agent or illegal smoking product.

C. Possession Unlawful. It is unlawful for any person to knowingly possess, inhale or ingest any cannabimimetic agent or illegal smoking product.

D. Penalty. Any person violating Subsection (B) or (C) of this Section shall be subject to a penalty of a fine up to five hundred dollars ($500.00), and/or jail sentence up to six (6) months. A separate offense shall be deemed committed for each sale, offer to sell, gift, public display for sale, or possession.

Section 210.1890 through Section 210.1960. (Reserved)