[Ord. No. 3619, 12-5-2022; Ord.
No. 3626, 2-6-2023]
A.
Except and only to the extent as authorized by Article XIV of the Missouri Constitution, including any and all rules and regulations promulgated by the Department relating to legalized medical marijuana or legalized adult-use marijuana, it shall be unlawful for any person to knowingly use, or possess 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 imitation controlled substance in violation of this Article.
B.
It shall be unlawful for any person to knowingly possess an imitation
controlled substance.
C.
No person shall knowingly possess a controlled substance, except
and only to the extent as authorized by Ch. 579 or Ch. 195, RSMo.,
as amended.
D.
In any complaint, information, or indictment, and in any action or
proceeding brought for the enforcement of any provision of this Section,
it shall not be necessary to include any exception, excuse, proviso,
or exemption contained in: i) this Section, as amended, ii) Ch. 579,
RSMo., as amended, or iii) Ch. 195, RSMo., as amended, and the burden
of proof of any such exception, excuse, proviso or exemption shall
be upon the defendant.
1.
No person under the age of twenty-one (21) years shall knowingly possess marijuana except as provided by Article XIV of the Missouri Constitution.
2.
A person at least twenty-one (21) years of age may not purchase, possess, consume, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration except as permitted under Article XIV of the Missouri Constitution, as amended, over three (3) ounces of dried, unprocessed marijuana, or its equivalent.
3.
A person at least twenty-one (21) years of age may not possess, transport, plant, cultivate, harvest, dry, process, or manufacture more than six (6) flowering marijuana plants, six (6) nonflowering marijuana plants [over fourteen (14) inches tall], and six (6) clones [plants under fourteen (14) inches tall] in violation of Article XIV of the Missouri Constitution.
4.
A person may not purchase, possess, use, deliver, distribute, manufacture, transfer, or sell to persons under twenty-one (21) years of age marijuana accessories, except as provided by Article XIV of the Missouri Constitution.
5.
No person shall knowingly possess more than twice the amount of marijuana as authorized by Article XIV of the Missouri Constitution.
6.
The following may possess marijuana pursuant to Article XIV of the Missouri Constitution and its accompanying State regulations:
a.
A qualifying patient for the patient's own personal use, provided
that a qualifying patient shall not possess more than four (4) ounces
of dried, unprocessed marijuana in a thirty (30) day period, unless
such patient is able to possess more than such limits pursuant to
19 CSR 30-095.030(5)(E), as amended, in which case such person shall
not possess more than amount of marijuana the person's two (2) physicians
have certified the person to possess;
b.
A primary caregiver for a qualifying patient(s), but only when
transporting marijuana to a qualifying patient(s) or when accompanying
a qualifying patient(s); and
c.
An owner or employee of a medical marijuana facility licensed
by the State of Missouri while on the premises of said facility, or
when transporting to a qualified patient's or primary caregiver's
residence or another medical marijuana facility licensed by the State
of Missouri.
d.
An adult at least twenty-one (21) years of age.
7.
In any complaint or information, and in any action or proceeding
brought for the enforcement of any provision of any applicable statutory
authority in the State of Missouri, it shall not be necessary to include
any exception, excuse, proviso, or exemption of any applicable statutory
authority in the State of Missouri, and the burden of proof of any
such exception, excuse, proviso or exemption shall be upon the defendant.
8.
Any person under the age of twenty-one (21) years old in possession of medical marijuana, including a marijuana-infused product, shall, immediately upon request of any Law Enforcement Officer, produce a valid identification card issued by either the Department or the respective equivalent identification card or authorization issued by another State or political subdivision of another State, authorizing the person to possess the amount of marijuana in such person's possession as provided by Article XIV of the Missouri Constitution, as amended. Any person who fails to produce such identification card as required by this Section shall be guilty of the offense of failure to produce a medical marijuana identification card.
9.
No person shall consume marijuana, including marijuana for medical
use, in a public place. As used in this Section only, "public place"
means the same as the term defined by applicable Missouri Regulations,
as amended, which is any public or private property, or portion of
public or private property, that is open to the general public, including,
but not limited to, sidewalks, streets, bridges, parks, schools, and
businesses. However, for purposes of designating a non-public place
within a public place, the owner or entity with control of any such
property may, but is not required to, provide one (1) or more enclosed,
private spaces where one (1) qualifying patient and, if required by
the owner or entity with control of any such property, a representative
of such owner or entity, may congregate for the qualifying patient
to consume medical marijuana. The qualifying patient may be accompanied
by the family of the qualifying patient, the qualifying patient's
primary caregiver, and/or the qualifying patient's physician. The
owner or entity with control of any such property may provide such
a space by individual request or designate such a space for ongoing
use and may limit use of medical marijuana in that space to uses that
do not produce smoke. Any such permission shall be given in writing
and provided to the qualifying patient or publicly posted prior to
a qualifying patient's use of medical marijuana in that space. "Public
place" shall not include:
11.
Consumption of adult-use marijuana in public.
a.
No person shall consume adult-use marijuana in a public place.
b.
As used in this Section only, "public place" means the same
as the term defined by applicable Missouri Regulation, as amended,
which is any public or private property, or portion of public or private
property, that is open to the general public, including, but not limited
to, sidewalks, streets, bridges, parks, schools, and businesses. "Public
place" shall not include:
(1)
The residence of the person consuming adult-use
marijuana or the residence of another person when the person in control
of that property has consented to the consumption of adult-use marijuana;
or
(2)
An area licensed by the authorities having jurisdiction
over the licensing and/or permitting of said activity.
12.
Except and only to the extent as authorized by Article XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the Department relating to legalized medical marijuana or legalized adult-use marijuana, it shall be unlawful for any person under twenty-one (21) years of age to knowingly use, or possess with intent to use, marijuana accessories 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 marijuana, or imitation marijuana in violation of this Article, other than medical marijuana as allowed under Article XIV of the Missouri Constitution.
13.
The penalty for marijuana offenses shall be punishable as follows:
a.
A person who cultivates marijuana plants that are visible by normal, unaided vision from a public place is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana, as authorized under Article XIV of the Missouri Constitution, as amended.
b.
A person who cultivates marijuana plants that are not kept in a locked space is subject to a civil penalty not exceeding two hundred fifty dollars ($250.00) and forfeiture of the marijuana, as authorized under Article XIV of the Missouri Constitution, as amended.
c.
A person who smokes marijuana in a public place is subject to a civil penalty not exceeding one hundred dollars ($100.00), as authorized under Article XIV of the Missouri Constitution, as amended.
d.
A person who is under twenty-one (21) years of age who possesses, uses, ingests, inhales, transports, delivers or distributes marijuana, or possesses, delivers or distributes marijuana accessories is 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 fine, as authorized under Article XIV of the Missouri Constitution, as amended.
e.
A person who possesses or produces, delivers with, or without, receiving any consideration or remuneration, or possesses with intent to deliver not more than twice the amount of marijuana to a person who is at least twenty-one (21) years of age, as authorized under Article XIV of the Missouri Constitution, as amended:
(1)
For a first violation, is subject to a civil infraction
punishable by a civil penalty not exceeding two hundred fifty dollars
($250.00) and forfeiture of the marijuana;
(2)
For a second violation, is subject to a civil infraction
punishable be a civil penalty not exceeding five hundred dollars ($500.00)
and forfeiture of the marijuana;
(3)
For a third or subsequent violation, is subject
to a violation punishable by a fine not exceeding one thousand dollars
($1,000.00) and forfeiture of the marijuana;
(4)
For a person under twenty-one (21) years of age
is subject to 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
fine; and
(5)
In lieu of payment, penalties under this Subsection
may be satisfied by the performance of community service. The rate
of pay-down associated with said service option will be the greater
of fifteen dollars ($15.00) or the minimum wage in effect at the time
of judgment.
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]
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.
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.
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.
A.
A
person commits the offense of unlawful manufacture of drug paraphernalia
if he or she unlawfully manufactures 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 in violation of Chapter 195 or Chapter
579, RSMo.
B.
The
offense of unlawful manufacture of drug paraphernalia is an ordinance
violation.
[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 215.1840 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.
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.
A.
Purpose and Intent. The Harrisonville Board of Aldermen
finds and declares that the products and synthetic substances described
hereunder are commonly used as alternatives to amphetamines, cocaine,
ecstasy and other illegal drugs. The Board of Aldermen further finds
that these synthetic substances are particularly appealing to teenagers
and youth, who believe these substances are safer because they are
legal, however, these synthetic substances can be dangerous to users
in the short term and the long-term effects are not yet known. The
Board of Aldermen finds that the products which contain these synthetic
substances often use a disclaimer that the product is "not for human
consumption" to avoid regulations that require the manufacturer to
list the product's active ingredients. The Board of Aldermen finds
that drug designers and chemists have and can quickly create new synthetic
drugs once federal or state law makes a particular synthetic drug
illegal. As such, the Board of Aldermen finds there is a need to declare
illegal the sale, offer for sale, purchase with intent to sell and
public display for sale of synthetic substances that mimic illegal
controlled substances, even though such synthetic substances have
not yet themselves been categorized as illegal controlled substances
under federal or state law. The Board of Aldermen further finds that
it is proper and necessary for the Board of Aldermen to exercise its
authority to safeguard and protect the public health, safety and welfare
by taking this action.
B.
STRUCTURALLY SIMILAR
SYNTHETIC STIMULANT BATH SALTS
SYNTHETIC STIMULANT
Definitions. For purposes of this Section, the following
terms apply:
Chemical substitutions off a common chemical backbone associated
with cathinone, methcathinone, amphetamine, methamphetamine, cocaine,
3-Fluoromethcathinone, 4-Fluoromethcathinone, 3, 4-Methylenedioxymethamphetamine
(MDMA), 3, 4-methylenedioxymethcathinone, 3, 4-methylenedioxypyrovalerone
(MDPV), methylmethcathinone, methoxymethcathinone, methylethcathinone,
fluoromethcathinone, BZP (benzylpiperazine), Mephedrone, or 4-methylmethcathinone,
4-methoxymethcathinone, Methylenedioxypyrovalero MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1
pentanonefluorophenylpiperazine, methylphenylpiperazine, chlorophenylpiperazine,
methoxyphenylpiperazine, DBZP (1,4-dibenzyl-piperazine), TFMPP (3-Trifluoromethylphenylpiperazine),
MBDB (Methylbenzodioxolylbutanamine), Hydroxy-alpha-methyltryptamine,
Methylone, or 3, 4-Methylenedioxymethcathinone, 4-meth alpha-pyrrolidinobutiophenone,
or MPBP, 5-Hydroxy-N-methyltryptamine, 5 Methoxy-N-methyl-N-isopropyltryptamine,
Methylone, or 3, 4-Methylenedioxymethcathinone 5-Methoxy-alpha-methyltryptamine,
methyltryptamine, 5-Methoxy-N, N-dimethyltryptamine, 5-Methyl-N, N-dimethyltryptamine,
5-Methoxy-N, N-Diisopropyltryptamine, DiPT (N, NDiisopropyltryptamine),
DPT (N, N-Dipropyltryptamine), 4-Hydroxy-N, N-diisopropyltrypta N,
N-Dially1-5-Methoxytryptamine, DOI (4-Iodo-2,5- dimethoxyamphetamine
0 C (4-Chloro-2, 5 -dimethoxyamphetamine), 2C-E (4-Ethy1-2, 5-dimethoxyphenethylamine),2C-T-4(2,
5-Dimethoxy-4-isopropylthiophenethylamine 2C-C (4-Chloro-2, 5-dimethoxyphenethylamine),
2C-T (2,5-Dimethoxy-4- methylthiophenethylamine), 2C- T-2 (2,5-Dimethoxy-4-ethylthiophenethylamine),
2 C - T (2, 5 - Dimethoxy 4-(n)-propylthiophenethylamine), 2C-I(4-Iodo-2,5-
dimethoxyphenethylamine), Butylone (beta-keto-Nmethylbenzodioxolylpropylamine),
Ethcathinone, Ethylone (3, 4-methylenedioxy-N-ethylcathinone), Naphyrone
(naphthylpyrovalerone), N-N-Dimethyl-3,4-methylenedioxycathinone,
N-N-Diethy1-3, 4-methylenedioxycathinone, 3, 4-methylenedioxy-propiophenone,
2-Bromo-3, 4-Methylenedioxypropiophenone, 3, 4-methylenedioxy-propiophenone-2-oxime,
N Acety1- 3,4-methylenedioxycathinone, N-Aeetyl-N-Meth 3, 4-Methylenedioxycathinone,
N-Acetyl-N-Ethyl3, 4-Methylenedioxycathinone, Bromomethcathinone,
Buphedrone (alpha-methylamino-butyrophenone), Eutylone (beta-Keto-
Ethylbenzodioxolylbutanamine), Dimethylcathinone, Dimethylmethcathinone,
Pentylone (beta-Keto-methylbenzodioxolylpentanamine (MDPPP) 3, 4-Methylenedioxy-alpha
pyrrolidino-propiophenone, (MDPBP) 3, 4-Methylenedioxy-alpha pyrrolidinobutiophenone,
Methoxy-alpha-Myrrolidinopropiophenone (MOPPP), Methyl-alphapyrrolidinohexiophenone
(MPHP), Benocyclidine (BCP), benzothiophenylcyclohexylpiperidine (BTCP),
Fluoromethylaminobutyrophenone (FMABP), Methoxypyrrolidinobutyrophenone
(Me0-PBP), Ethyl- pyrrolidinobutyrophenone (Et-PBP), 3-Methy1-4-Methoxymethcathinone
4-Me0- MCAT), Methylethylaminobutyrophenone (MeEABP), Methylaminobutyrophenone
(MABP), Pyrrolidinopropiophenone (PPP), Pyrrolidinobutiophenone (PBP),
Pyrrolidinovalerophenone (PVP), Methyl-alpha pyrrolidinopropiophenone
(MPPP), or related salts, isomers, and salts of isomers, listed in
the controlled substance schedules in Chapter 195, Revised Statutes
of Missouri, as amended, or otherwise prohibited by federal or state
law.
Any substance, whether in powder, crystal, liquid, tablet
or capsule form, containing a synthetic stimulant as defined herein
or to which a synthetic stimulant has been added or applied, that
can be ingested by smoking, inhaling or other method, regardless of
whether the substance is marketed not for the purpose of human consumption,
and regardless of how the substance is labeled, including but not
limited to bath salts, insect repellant, plant food, herbs, incense,
iPod cleaner, nutrient, dietary supplement or spice.
Any chemical or mixture of chemicals, however packaged, that
has a stimulant effect on the central nervous system and is structurally
similar to cathinone, methcathinone, amphetamine, methamphetamine,
cocaine, MDMA or any other substance listed in the definition of "structurally
similar" above, or related salts, isomers, and salts of isomers, as
listed in the controlled substance schedules in Chapter 195, Revised
Statutes of Missouri, or otherwise prohibited by federal or state
law. "Synthetic stimulant" shall also include any chemical or mixture
of chemicals, however packaged, that mimics the pharmacological effects
of cathinone, methcathinone, amphetamine, methamphetamine, cocaine,
MDMA or any other substance listed in the definition of "structurally
similar" above, or related salts, isomers, and salts of isomers. Packaging
that indicates, suggests or implies that a product mimics the pharmacological
effects of cathinone, methcathinone, amphetamine, methamphetamine,
cocaine, ecstasy or any other substance listed in the definition of
"structurally similar" above, shall create a presumption that the
product mimics the effects of the substance. "Synthetic stimulant"
shall not include any substance currently listed in the controlled
substance schedules in chapter 195, Revised Statutes of Missouri,
or otherwise prohibited by federal or state law, as such may be amended
from time to time.
C.
Unlawful To Sell, Offer, Gift Or Display. It shall
be unlawful for any person, business, store, or employee to sell,
offer to sell, gift, barter, trade or publicly display for sale any
synthetic stimulant bath salts as defined herein or any synthetic
stimulants as defined herein.
D.
Possession Unlawful. It is unlawful for any person
to knowingly possess, inhale or ingest any synthetic stimulant bath
salts as defined herein or any synthetic stimulants as defined herein.
E.
If Congress, a federal agency, the Missouri General Assembly or Missouri
agency with such authority amends federal or state law to include
a particular substance or otherwise enacts or amends a federal or
state law providing for criminal penalties for the prohibitions of
substances set forth in this Section, then upon the effective date
of such enactment or amendment, the provisions of this Section addressed
by federal or state law shall no longer be deemed effective. Any violations
of this Section committed prior to such law so enacted may be prosecuted.
F.
Seizure And Destruction Of Synthetic Stimulant Bath Salts
And Synthetic Stimulants. Synthetic stimulant bath salts
and synthetic stimulants as defined and prohibited herein, may be
seized by law enforcement officers and may be destroyed in the same
manner used to destroy narcotics and contraband substances, after
its use for evidentiary purposes in any judicial proceeding is no
longer required.
G.
Marketing. Synthetic drugs are rarely, if ever,
suitable for their marketed uses. For example, a synthetic drug in
the form of a powder might be marketed as "glass cleaner," even though
the powder cannot reasonably be used to clean glass.
H.
Sales Location. Synthetic drugs are typically sold
in liquor stores, some shops and gas stations, yet synthetic drugs
are marketed as products that are not typically sold by these businesses.
For example, synthetic drugs are often marketed as bath salts, spice,
incense, potpourri, skin treatments, cleaning products and plant food;
however, these types of products are typically not sold in liquor
stores, smoke shops or gas stations.
I.
Warning Labels. Synthetic drugs often use warning
labels such as "not for human consumption" and "not for purchase by
minors." Bona fide bath salts, incense, cleaning products and the
like do not typically bear such labels. Of particular relevance are
labels that indicate a given product does not contain chemical compounds
banned by State synthetic drug laws, which bona fide bath salts, incense,
cleaning products and the like would not have any reason to advertise.
J.
Price. Synthetic drugs are typically more expensive
than products that are used for the synthetic drug's marketed use.
For example, a synthetic drug marked as "glass cleaner" might be priced
at fifty dollars ($50.00) for one-eighth (1/8) of an ounce, while
bona fide glass cleaner is priced at approximately five dollars ($5.00)
for twenty-six (26) ounces.
K.
(Reserved)
L.
Similarity To Illicit Street Drugs. Synthetic drugs
often resemble illicit street drugs and/or use brand names and packaging
that are designed to make the product appear similar to illicit street
drugs. For example, many synthetic drugs are sold as white powders
packaged in vials (resembling cocaine) or dyed green to appear similar
to marijuana. Additionally, brand names are often similar to street
slang for illicit drugs and have no relation to the products that
are purportedly being sold. These brand names are always changing,
but include "Eight Ballz," "Spice," "Black Mamba," "K-2," "Puff,"
"Sugar Sticks," "Green Buddha," "Diablo Botanical Incense," "Mr. and
Mrs. Marley," "Cloud 9 Incense," and a group of synthetic drugs marked
as from "The Spice Guy."
M.
Penalty.
1.
Any person or business convicted of violating Subsection (B) or (C) of this Section shall be guilty of an offense and upon plea of guilty of the City of Harrisonville Codes or a finding of guilt shall be fined up to five hundred dollars ($500.00) and/or ninety (90) days in the County Jail. A separate offense shall be deemed committed to each sale, offer to sell, gift, or public display for sale.
2.
Any person or business convicted of violating the terms of the
ordinance shall have their business license revoked by the City of
Harrisonville.
3.
The City of Harrisonville shall refuse a business license to
a person or business selling or offering for sale these types of bath
salts.
