City of Hazelwood, MO Article VIII Offenses Concerning Drugs and Alcohol

Section 215.440 Possession of Marijuana Prohibited.

[CC 1997 §22.28; Ord. No. 1178-76, 5-19-1976; Ord. No. 4523-16 §1, 12-21-2016]

The possession of marijuana by any person is hereby prohibited.

Section 215.441 Possession of an Imitation Controlled Substance.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of possession of an imitation controlled substance if he or she knowingly possesses or delivers an imitation controlled substance as defined by Chapter 195, RSMo.

Section 215.442 Possession of a Controlled Substance.

[Ord. No. 4523-16 §1, 12-21-2016]

A person commits the offense of possession of a controlled substance if he or she knowingly possesses or delivers a controlled substance, including all drugs, substances or immediate precursors listed in Schedules I through V as defined in Chapter 195, RSMo., except as authorized by Chapter 195 or Chapter 579, RSMo. In any complaint, information, action or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Chapter 195 or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

Section 215.443 Prohibited Acts; Controlled or Imitation Controlled Substances.

[Ord. No. 4523-16 §1, 12-21-2016]

It is an offense for any person to distribute, deliver, or sell, or possess or manufacture with intent to distribute, deliver or sell, 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 imitation controlled substance in violation of Chapter 195 or Chapter 579, RSMo.

Section 215.445 Prohibiting The Possession, Sale or Offering For Sale of Products Containing Synthetic Cannabinoids.

[Ord. No. 4088-10 §1, 4-21-2010; Ord. No. 4248-12 §1, 12-5-2012]

A. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

PERSON

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

SYNTHETIC CANNABINOID

Any natural or synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including, but not limited to, any substance listed in paragraph (II) of Subdivision (4) of Subsection (2) of Section 195.017, 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, however, it 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 synthetic cannabinoid.

C. Possession Prohibited. The possession of any synthetic cannabinoid by any person is hereby prohibited.

Section 215.450 Prohibiting The Manufacture, Delivery or Sale of Drug Paraphernalia.

[CC 1997 §22.31; Ord. No. 1553-82, 5-5-1982]

A. Definitions. As used in this Section, the following terms shall have these prescribed meanings:

DRUG PARAPHERNALIA

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 and 195.425, RSMo. It includes, but is not limited to:

1. 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;

2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances;

3. 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;

4. 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;

5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances;

6. Dilutents 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;

7. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances;

9. 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;

10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances;

11. 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;

12. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, 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, such as a marijuana cigarette, 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;

13. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

a. Statements by an owner or by anyone in control of the object concerning its use;

b. 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;

c. The proximity of the object, in time and space, to a direct violation of Sections 195.005 and 195.425, RSMo.;

d. The proximity of the object to controlled substances or imitation controlled substances;

e. The existence of any residue of controlled substances or imitation controlled substances on the object;

f. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, intend to use the object to facilitate a violation of Sections 195.005 and 195.425, RSMo.; the innocence of an owner, or of anyone in control of the object, as to direct violation of Sections 195.005 and 195.425, RSMo., shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

g. Instructions, oral or written, provided with the object concerning its use;

h. Descriptive materials accompanying the object which explain or depict its use;

i. National or local advertising concerning its use;

j. The manner in which the object is displayed for sale;

k. 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;

l. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

m. The existence and scope of legitimate uses for the object in the community; or

n. Expert testimony concerning its use.

B. Unlawful Use Of Drug Paraphernalia. It is unlawful for any person to use, or to 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 an imitation controlled substance in violation of Sections 195.005 and 195.425, RSMo.

C. Unlawful Delivery Or Manufacture Of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture, 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 Sections 195.005 and 195.425, RSMo.

D. Severability. If any provision of this Section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are severable.

Section 215.455 Possession, Distribution or Delivery of MDPV Prohibited.

[Ord. No. 4150-11 §1, 6-1-2011]

A. For purposes of this Section, the following words mean:

DELIVER

The actual, constructive, or attempted transfer from one person to another of MDPV, whether or not there is an agency relationship, and includes a sale.

DISTRIBUTE

To deliver other than by administering or dispensing MDPV.

MDPV

Includes any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers of 3.4 Methylenedioxyprovalerone, Methylone, Mephedrone, 4-methoxymethcathinone, 4-Fluoromethcathinine, and 3-Fluoromethcathinone.

POSSESS

With the knowledge of the presence and nature of a substance, either actually or constructively in control of a substance. A person has actual possession if he has the substance on his person or within easy reach and convenient control. A person who, although not in actual possession, has the power and intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.

B. It shall be unlawful for any person to possess, distribute or deliver any substance containing MDPV.

Section 215.460 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, 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 215.470 Inducing, or Possession With Intent To Induce, Symptoms By Use of Solvents, Prohibited.

[Ord. No. 4523-16 §1, 12-21-2016]

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 215.550 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 215.480 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 215.460 To 215.470 — Penalty.

A. No person shall intentionally possess or buy any solvent, particularly toluol, for the purpose of inducing or aiding any other person to violate the provisions of Sections 215.460 and 215.470 hereof.

B. Any person who violates any provision of Sections 215.460—215.480 is guilty of a misdemeanor.

Section 215.490 Alcoholic Beverages in Public Parks, Commercial Parking Lots, Public Recreation Fields — Consumption Prohibited.

[CC 1997 §22.27; Ord. No. 1147-75, 12-17-1975; Ord. No. 4176-11 §2, 9-7-2011; Ord. No. 4523-16 §1, 12-21-2016[1]]

A. Definition. As used in this Section, the following term shall have the following meaning:

ALCOHOLIC BEVERAGE

Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes or intended for beverage purposes.

B. No person shall consume any alcoholic beverage while in or upon any public park or public recreation field or on the commercial parking lots of any shopping center open to the public within the City.

[1] Editor’s Note: Ord. No. 4523-16 also changed the title of this Section from “Drinking of Intoxicating Beverages in Public” to “Alcoholic Beverages in Public Parks, Commercial Parking Lots, Public Recreation Fields -- Consumption Prohibited.”

Section 215.495 Pedestrian Drinking.

[Ord. No. 4523-16 §1, 12-21-2016]

No pedestrian may drink any beer, wine or spirituous or malt liquors in or on any public street, sidewalk, alley, highway or thoroughfare, or on any parking lot open to the public except in conjunction with a street fair or similar gathering authorized by the City with specific permission for consumption of alcoholic beverages in such locations.