[Ord. No. 3177, 3-7-2023]
B.
ADMINISTER
CONTROLLED SUBSTANCE
DELIVER or DELIVERY
DEPRESSANT OR STIMULANT SUBSTANCE
1.
2.
a.
b.
c.
3.
4.
DISPENSE
DISPENSER
DISTRIBUTE
DRUG PARAPHERNALIA
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
2.
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
HALLUCINOGENIC SUBSTANCES
IMITATION CONTROLLED SUBSTANCE
1.
2.
3.
4.
5.
6.
7.
8.
LICENSE or LICENSED
MANUFACTURE
1.
2.
PERSON
PHARMACIST
PRACTITIONER
PRESCRIPTION
PRIMARY CAREIVER
PRODUCTION
QUALIFYING PATIENT
WAREHOUSEMAN
WHOLESALER
Additional Definitions. As used in this Chapter, the following terms
shall mean:
Apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
A drug, substance, or immediate precursor in Schedules I
through V listed in Chapter 195, RSMo.
The actual, constructive, or attempted transfer from one
(1) 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.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the United States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
Lysergic acid diethylamide; or
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery.
A practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
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, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of Sections 195.005 to 195.425, RSMo., but excluding
marijuana accessories. It includes, but is not limited to:
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;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances;
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;
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;
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances;
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;
Blenders, bowls, containers, spoons, and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances;
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;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances;
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;
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing, cocaine, hashish, or hashish oil
into the human body, except those designed or intended for use with
marijuana, 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, except those for use
with marijuana, 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; (n) Substances
used, intended for use, or designed for use in the manufacture of
a controlled substance.
In determining whether an object, product, substance, or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any State or Federal law relating to any controlled
substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this Chapter or Chapter 579, RSMo.;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
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/she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Chapter or Chapter 579, RSMo.; the
innocence of an owner, or of anyone in control of the object, as to
a direct violation of this Chapter or Chapter 579, RSMo., shall not
prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
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;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
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.
Lysergic acid diethylamide, mescaline, psilocybin, and various
types of methoxyamphetamines.
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:
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;
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;
Whether the substance is packaged in a manner normally used
for illicit controlled substances;
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;
The proximity of the substances to controlled substances;
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 non-controlled substance that was initially introduced
in commerce prior to the initial introduction into commerce of the
controlled substance that it is alleged to imitate. Furthermore, 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;
Stimulants such as amphetamines and methamphetamines;
Barbiturates and other depressants such as amobarbital, secobarbital,
pentobarbital, phenobarbital, methaqualone, phencyclidine, and diazepam.
Persons required to obtain annual registration as issued
by the State Division of Health as provided by Section 195.030, RSMo.
The production, preparation, propagation, compounding, or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance by an individual for his/her own use or the preparation,
compounding, packaging, or labeling of a narcotic or dangerous drug:
By a practitioner as an incident to his/her administering or
dispensing of a controlled substance or an imitation controlled substance
in the course of his/her professional practice; or
By a practitioner or by his/her authorized agent under his/her
supervision, for the purpose of, or as an incident to, research, teaching,
or chemical analysis and not for sale.
An individual, corporation, government, or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
A licensed pharmacist as defined by the laws of this State,
and where the context so requires, the owner of a store or other place
of business where controlled substances are compounded or dispensed
by a licensed pharmacist; but nothing in this Section shall be construed
as conferring on a person who is not registered or licensed as a pharmacist
any authority, right or privilege that is not granted to him/her by
the pharmacy laws of this State.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital, or other person licensed,
registered or otherwise permitted by this State to distribute, dispense,
conduct research with respect to or administer or to use in teaching
or chemical analysis, a controlled substance in the course of professional
practice or research in this State, or a pharmacy, hospital or other
institution licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled
substance in the course of professional practice or research.
A written order and, in cases of emergency, a telephone order,
issued by a practitioner in good faith in the course of his/her professional
practice to a pharmacist for a drug or a particular patient which
specifies the date of its issue, the name and address of the patient
(and, if such drug is prescribed for an animal, the species of such
animal), the name and quantity of the drug prescribed, the directions
for use of such drug, and the signature of the practitioner.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's
application for an identification card under the provisions of Article
XIV, Section 1, of the Missouri Constitution or in other written notification
to the Missouri Department of Health and Senior Services.
The manufacture, planting, cultivation, growing, or harvesting
of drug paraphernalia or of a controlled substance or an imitation
controlled substance.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined by Article XIV, Section 1, of the Missouri
Constitution.
A person who, in the usual course of business, stores drugs
for others, is lawfully entitled to possess them and who has no control
over the disposition of such drugs except for the purpose of such
storage.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he/she himself/herself has
not produced or prepared, on official written orders, but not on prescriptions.
[Ord. No. 3177, 3-7-2023]
A.
A person commits the offense of driving under the influence of marijuana if he/she operates a motor vehicle under the influence of marijuana. For the purpose of determining the presence of marijuana in a person's blood under this Section, a test shall be conducted in accordance with the provisions of Chapter 340 of this Code of Ordinances and as allowed by State law; provided, however, that the presence of marijuana in the defendant's system alone shall not be sufficient proof that the defendant was under the influence of marijuana.
[Ord. No. 3177, 3-7-2023]
A.
To the extent allowed by State law, marijuana for medicinal purposes
may be cultivated in a residential structure, provided:
1.
The structure is the primary residence of a primary caregiver
or qualifying patient and the marijuana is grown solely for the use
of the qualifying patient who resides there or who is under the care
of the primary caretaker.
2.
The residence has operating systems to assure that the emission
of fumes or vapors connected with the cultivation is not allowed out
of the building, or if the residence is in a multi-family building,
that such fumes and vapors are not allowed into any other residence.
3.
No manufacturing of marijuana products shall occur in any residence.
4.
The cultivation must comply with the security and other requirements
of State law and the rules of the Division of Health and Senior Services.
B.
To the extent allowed by law marijuana for recreational purposes
may be cultivated in a residential structure, provided:
1.
Cultivation is limited to six (6) flowering, six (6) non-flowering,
and six (6) clone plants and must be for non-commercial use.
2.
The residence has operating systems to assure that the emission
of fumes or vapors connected with the cultivation is not allowed out
of the building, or if the residence is in a multi-family building,
that such fumes and vapors are not allowed into any other residence.
3.
The cultivation must comply with the requirements of the Department
and the person cultivating must have obtained a registration card
from the Department.
4.
The plants and any marijuana produced by the plants in excess
of three (3) ounces must be kept at one (1) private residence and
in a locked space.
5.
Not more than twelve (12) flowering marijuana plants may be
kept in or on the grounds of a private residence at one time.
6.
The marijuana plants may not be visible by normal, unaided vision
from a public place.
7.
A person who, pursuant to this Section, 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.
8.
A person who, pursuant to this Section; 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.
[Ord. No. 3177, 3-7-2023]
A.
Persons may consume marijuana in their private residence, or in the
residence of another with permission, but may not dispense or smoke
marijuana in such a manner that the marijuana smoke or odor exits
the residence. If marijuana smoke or odor is capable of being detected
by a person of ordinary senses (including, but not limited to, any
Police Officer) beyond the property line of a single-family home or
outside of the owned or leased premises of a duplex or multi-family
unit there shall be a rebuttable presumption that this Section has
been violated. In a multi-family or similar dwelling, medical marijuana
may not be dispensed or consumed in any common area.
B.
Violation of this provision shall be punishable by a fine not to
exceed one hundred dollars ($100.00).
[Ord. No. 3177, 3-7-2023]
A.
No person may possess more than three (3) ounces of recreational
marijuana nor more than the amount allowed by law of medical marijuana.
B.
No person under the age of twenty-one (21) years may possess, use,
ingest, inhale, transport, deliver with or without consideration,
marijuana or marijuana accessories, except that qualified patients
under the age of twenty-one (21) years may possess medical marijuana
or paraphernalia to the extent allowed by law.
C.
It shall be unlawful for any person to:
1.
Possess, transport, plant, cultivate, harvest, dry, process,
or manufacture more than six (6) flowering marijuana plants, six (6)
non-flowering marijuana plants [over fourteen (14) inches tall]; and
six (6) clones [plants under fourteen (14) inches tall]; or
2.
Possess, transport, plant, cultivate, harvest, dry, process,
or manufacture marijuana plants without being registered with the
Department of Health and Senior Services for the cultivation of marijuana
plants; or
3.
Fail to keep in excess of three (3) ounces of such plants in
a locked space not visible by normal, unaided vision from a public
place; or
4.
Grow or possess such plants by a person under the age of twenty-one
(21) years.
D.
No person shall deliver to, transfer to, or sell to a person under
twenty-one (21) years of age marijuana or marijuana paraphernalia.
E.
Subject to the limitations of this Section, a person who possesses
not more than twice the amount of marijuana allowed pursuant to this
Subsection, produces not more than twice the amount of marijuana allowed
pursuant to this Subsection, delivers without receiving any consideration
or remuneration to a person who is at least twenty-one (21) years
of age not more than twice the amount of marijuana allowed by this
Subsection, or possesses with intent to deliver not more than twice
the amount of marijuana allowed by this Subsection:
1.
A first violation is subject to an ordinance violation punishable
by a fine not exceeding two hundred fifty dollars ($250.00) and forfeiture
of the marijuana;
2.
For a second violation and subsequent violations, is subject
to an ordinance violation punishable by a fine not exceeding five
hundred dollars ($500.00) and forfeiture of the marijuana;
3.
A person under twenty-one (21) years of age is subject to a
fine 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];
4.
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 greater than fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment; and
5.
If the violation of this Subsection involves three (3) ounces
of marijuana or less, the penalty shall be punishable by a fine not
to exceed one hundred dollars ($100.00).
[Ord. No. 3177, 3-7-2023]
A.
It shall be unlawful for any person to:
1.
Operate or be in physical control of any motor vehicle, train,
aircraft, motorboat, or another 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;
B.
Consume marijuana while operating or being in physical control of
a motor vehicle, train, aircraft, motorboat, or another motorized
form of transport while it is being operated; or
C.
Smoke marijuana within a motor vehicle, train, aircraft, motorboat,
or another motorized form of transport while it is being operated.
[Ord. No. 3177, 3-7-2023]
It shall be unlawful for a person to be in possession or consumption
of marijuana or possession of 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.
[Ord. No. 3177, 3-7-2023]
A.
Except as provided in Subsection (C) below, it shall be unlawful for any person to smoke or consume marijuana in a location where smoking tobacco is prohibited by this Code of Ordinances.
B.
Except as provided in Subsection (C) below, it shall be unlawful for any person to smoke or consume marijuana in a public place, other than in an area authorized by the City for that purpose.
C.
Restaurants serving food that contains marijuana must register with
the City and provide notice on all public entrances and on all menus
that certain food contains marijuana.
D.
Violation of this Section shall be punishable by a fine not to exceed
one hundred dollars ($100.00) for the first offense and not more than
five hundred dollars ($500.00) as well as confiscation of the marijuana.
[Ord. No. 3177, 3-7-2023]
A person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance or controlled
substance analog, as those terms are defined in Section 195.010, RSMo.,
except as authorized by Chapter 579, RSMo., Chapter 195, RSMo., but
excluding the possession of marijuana.
