City of Higginsville, MO Article XI Offenses Concerning Drugs

Section 215.520 Possession of Marijuana. [1]

[Ord. No. 2790, 3-18-2019; Ord. No. 2985, 2-6-2023]

A. Except as authorized by the Constitution or Statutes of the State of Missouri, it is unlawful for any person to possess, or have under his/her control, marijuana as defined in Section 195.010, RSMo. It shall be unlawful for any person to commit any of the following acts:

1. Delivery or distribution of marijuana or marijuana-infused products, as those terms are defined in Article XIV of the Missouri Constitution, to a person under twenty-one (21) years of age.

2. Possession of marijuana or marijuana-infused products by a person under twenty-one (21) years of age.

3. Smoking marijuana within a motor vehicle while such vehicle is being operated.

4. Possession of marijuana, marijuana-infused products, or marijuana accessories on the grounds of any public or private school or university.

5. Possession of three (3) ounces or more, but less than six (6) ounces of dried, unprocessed marijuana or its equivalent.

6. Cultivation of marijuana plants without a license from the State of Missouri, or in a way that is visible with unaided vision from a public place, or is not in a locked space.

B. Any person violating the provisions of Subsections (A)(5) and (6) shall be, for a first violation, subject to a civil penalty up to two hundred fifty dollars ($250.00), plus court costs.

C. Any person violating the provisions of Subsection (A)(3) shall be subject to a civil penalty of up to one hundred dollars ($100.00), plus payment of court costs.

D. All other violations of Section 100.080 shall be punishable by a civil fine of up to five hundred dollars ($500.00), plus court costs.

E. Any fine imposed for violation of Subsection (A)(5) or (A)(6) shall be remitted for public service at the rate of fifteen dollars ($15.00) per hour, or the then current minimum wage, whichever is greater. Any person under twenty-one (21) years of age violating Subsection (A)(5) or (A)(6) shall be offered four (4) hours of drug education or counseling, in lieu of monetary penalty.

[1] Note—Under certain circumstances this offense can be a felony under state law.

Section 215.530 Possession or Control of A Controlled Substance. [1]

Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, RSMo.

[1] Note—Under certain circumstances this offense can be a felony under state law.

Section 215.535 Limitations On The Retail Sale of Methamphetamine Precursor Drugs.

[Ord. No. 2667 § 1, 4-3-2017]

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. Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of an ordinance violation.

Section 215.540 Unlawful Use of Drug Paraphernalia. [1]

[Ord. No. 2667 § 1, 4-3-2017; Ord. No. 2790, 3-18-2019]

It is unlawful for any person to knowingly use, or to possess with intent to use, drug paraphernalia as defined by Section 195.010, RSMo., 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 as defined by Section 195.010, RSMo., or an imitation controlled substance as defined in Chapter 195 or 579, RSMo., unless such use is otherwise authorized by the Constitution or Statutes of the State of Missouri.

[1] Note—Under certain circumstances this offense can be a felony under state law.

Section 215.550 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 215.560 Inducing, or Possession With Intent To Induce, Symptoms By Use of Solvents and Other Substances, Prohibited.

[Ord. No. 2420 §1, 12-6-2010]

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;

8. Propyl nitrite and its iso-analogues; and

9. Aerosol propellants.

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 215.550 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 215.570 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 215.550 To 215.560 — 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 215.550 and 215.560 hereof.

B. Any person who violates any provision of Sections 215.550—215.570 is guilty of an ordinance violation for the first (1st) violation.

[1] Note—Under certain circumstances this offense can be a felony under state law.