The definitions which shall apply to this Article are contained
in Section 195.010, RSMo., as amended.
[Ord. No. 3066, 5-9-2023]
A.
The
definitions used in this Section shall be the same as used in Missouri
Constitution, Section 2, Amendment XIV.
B.
It
shall be unlawful to:
1.
Deliver or distribute marijuana or marijuana accessories, with or
without consideration, to a person younger than twenty-one (21) years
of age.
2.
Purchase, possess, use, or transport marijuana or marijuana accessories
by a person younger than twenty-one (21) years of age.
3.
Consume marijuana by a person younger than twenty-one (21) years
of age.
4.
Operate or be in physical control of any motor vehicle, train, aircraft,
motorboat, or other motorized form of transport while under the influence
of marijuana. Notwithstanding the foregoing, a conviction of a person
who is at least twenty-one (21) years of age for any applicable offenses
shall require evidence that the person was in fact under the influence
of marijuana at the time the person was in physical control of the
motorized form of transport and not solely on the presence of tetrahydrocannabinol
(THC) or THC metabolites, or a combination thereof, in the person's
system.
5.
Consume marijuana while operating or being in physical control of
a motor vehicle, train, aircraft, motorboat, or other motorized form
of transport while it is being operated.
6.
Smoke marijuana within a motor vehicle, train, aircraft, motorboat,
or other motorized form of transport while it is being operated.
7.
Possess or consume marijuana or possess marijuana accessories on
the grounds of a public or private preschool, elementary or secondary
school, institution of higher education, in a school bus, or on the
grounds of any correctional facility.
8.
Smoke or burn marijuana in a location where smoking tobacco is prohibited.
9.
Consume, smoke, or burn marijuana in a public place or public building,
other than in an area licensed by the Board of Aldermen.
10.
Undertake any task while under the influence of marijuana, if doing
so would constitute negligence, recklessness, or professional malpractice
or would endangers others.
11.
Perform solvent-based extractions on marijuana using solvents other
than water, glycerin, propylene glycol, vegetable oil, or food-grade
ethanol, unless licensed for this activity by the State of Missouri.
12.
Possess or consume marijuana, or possess marijuana accessories, on
the grounds of any City-owned property, park, or building.
13.
Consume, smoke, or burn marijuana in a restaurant, an establishment
holding any liquor license, or any place of public accommodation.
14.
Cultivate flowering marijuana plants, non-flowering marijuana plants
[over fourteen (14) inches tall], or clones for private use without
a valid Missouri private cultivation registration card authorizing
such cultivation.
15.
Cultivate flowering marijuana plants, non-flowering marijuana plants
[over fourteen (14) inches tall], or clones [plants under fourteen
(14) inches tall] for private use in excess of the amounts permitted
authorized by a valid Missouri private cultivation registration card.
16.
Keeping twelve (12) or more flowering marijuana plants, twelve (12)
or more non-flowering marijuana plants [over fourteen (14) inches
tall], or twelve (12) or more clones [plants under fourteen (14) inches
tall] in or on the grounds of a private residence at one time.
17.
Keeping in, or on, the grounds of a private residence in excess of
three (3) ounces of marijuana produced by privately cultivated plants,
in an unlocked space, or that is visible by normal, unaided vision
from a public place.
18.
Purchasing, possessing, consuming, using, ingesting, inhaling, processing,
transporting, delivering without consideration, or distributing without
consideration dried, unprocessed marijuana, or its equivalent in excess
of three (3) ounces (except as may be permitted by a person validly
licensed by the State of Missouri to do so).
19.
Cultivating marijuana plants that are visible by normal, unaided
vision from a public place.
20.
Violating the terms of any marijuana license issued by the State
of Missouri.
21.
Conducting any activities, or engaging in any conduct involving or
relating to marijuana that requires a license from the State of Missouri,
without a valid license for such conduct or activity.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
[Ord. No. 3066, 5-9-2023]
B.
It shall be an affirmative defense to any violation of Subsection (A) if the possession, sale, distribution, or transfer, is in the usual course of business or practice, or in the performance of their official duties by the following persons:
3.
Hospitals and other institutions which procure controlled substances for lawful administration by persons described in Subsection (A).
4.
Officers or employees or appropriate enforcement agencies of Federal,
State or local governments, pursuant to their duties in enforcing
the provisions of this Chapter.
5.
Lawfully licensed manufacturers and wholesalers of controlled substances.
6.
Carriers and warehousemen lawfully handling or distributing lawful
controlled substances or drugs.
C.
MDPV
1.
2.
3.
4.
5.
6.
SYNTHETIC CANNABINOID
1.
2.
3.
4.
Definitions. As used in this Article
the following terms shall have the meanings indicated:
Any substance containing the following , regardless of whether
the substance is marketed as bath salts or otherwise:
3.4-Methylenedioxyprovalerone;
Methylone;
Mephedrone;
4-methoxymethcathinone;
4-Fluoromethcathinone; or
3-Fluoromethcathinone.
MDPV is commonly known by a number of names, including, but
not limited to, White Rush, Cloud 9, Ivory Wave, Ocean, Charge, Plus,
White Lightening, Scarface, Hurricane Charlie, Red Dove or White Dove.
|
Any natural or synthetic material, compound, mixture, or
preparation, whether described as tobacco, herbs, incense, "Spice,"
"K2" or any blend thereof, that contains any quantity of a substance
that is a cannabinoid receptor agonist, including but not limited
to any substance listed in Section 195.017.2(4)(II), RSMo., and any
analogues, homologues; isomers, whether optical, positional, or geometric;
esters; ethers; salts; and salts of isomers, esters, and ethers, whenever
the existence of the isomers, esters, ethers, or salts is possible
within the specific chemical designation, including:
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(20methyloctan-2-yl)phenol
(also known as CP47,497) and homologues;
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)
(also known as HY-211 or Dexanabinol);
1-Pentyl-3-(1-naphthoyl)indole (also known as JWH-018); or
Butyl-3-(1-naphthoyl)indole (also known as JWH-073).
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 person commits the offense of possession of an imitation controlled
substance if he or she knowingly possesses an imitation controlled
substance.
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.
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.
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 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.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
A
person commits the offense of selling or transferring solvents to
cause certain symptoms if he or she knowingly and intentionally sells
or otherwise transfers possession of any solvent, particularly toluol,
amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl
nitrite, and propyl nitrite and their iso-analogues, 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, or which operates as a venue for live entertainment
performance or receives fifty percent (50%) of its gross annual income
from the sale of recorded video entertainment, shall sell or offer
for sale toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite,
ethyl nitrite, pentyl nitrite, and propyl nitrite and their iso-analogues,
or any toxic glue.
It shall be unlawful for any person in this City to enter any
schoolhouse or church house in which there is an assemblage of people,
met for a lawful purpose, or any courthouse, in a drunken or intoxicated
and disorderly condition, or to drink or offer to drink any intoxicating
liquors in the presence of such assembly of people, or in any courthouse
within this City and any person or persons so doing shall be guilty
of a misdemeanor.