[Ord. No. 20-04, 2-19-2020; Ord.
No. 23-01, 2-15-2023]
A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in Section 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.
[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. 20-04, 2-19-2020; Ord.
No. 23-01, 2-15-2023]
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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.
[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.
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.
[Ord. No. 20-04, 2-19-2020; Ord.
No. 23-01, 2-15-2023]
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 Missouri Department on Health and Senior Services related to legalized marijuana, 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.
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.
[Ord. No. 23-01, 2-15-2023]
A.
Definition.
For the purposes of this Section, Marijuana shall mean: Cannabis indica,
Cannabis saliva, and Cannabis ruderalis, hybrids of such species,
and any other strains commonly understood within the scientific community
to constitute marijuana, as well as resin extracted from the marijuana
plant and marijuana-infused products. "Marijuana" does not include
industrial hemp as defined by Missouri Statute, or commodities or
products manufactured from industrial hemp.
B.
Use
In Certain Places Prohibited. Where Twin Oaks Municipal Code makes
it unlawful to smoke or otherwise use Marijuana in a certain form
or place, a person who uses Marijuana in violation of such regulation
shall be subject to a civil penalty of up to one hundred dollars ($100.00).
C.
Unlawful
Visibility Or Keeping Of Marijuana. Notwithstanding anything to the
contrary, a person who cultivates Marijuana plants that are visible
by normal, unaided vision from a public place or cultivates Marijuana
plants not kept in a locked space is subject to a civil penalty of
up to two hundred and fifty dollars ($250.00) and forfeiture of the
Marijuana.
D.
Consumption
While Driving, Smoking In Vehicle; Prohibited.
1.
Marijuana shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in the City.
2.
No person shall smoke marijuana within a motor vehicle or other motorized
form of transportation while it is being operated within the City.
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A person who uses Marijuana in violation of the above shall
be subject to a civil penalty of up to one hundred dollars ($100.00).
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E.
Unlawful Use By A Person Under Twenty-One (21). Notwithstanding anything to the contrary, a person under twenty-one (21) who possesses, uses, ingests, inhales, transports, delivers without consideration, or distributes without consideration three (3) ounces or less of Marijuana, or possesses, delivers without consideration, or distributes without consideration Marijuana accessories, as defined by Article XIV of the Missouri Constitution, is subject to a civil penalty of up to 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.
F.
Unlawful Amount Penalty. Notwithstanding anything to the contrary, a person who possesses, produces, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age, or possesses with the intent to deliver an amount of Marijuana that is not more than twice the amount of Marijuana that person is authorized to possess by Article XIV of the Missouri Constitution shall be subject to a:
1.
Civil penalty of up to two hundred and fifty dollars ($250.00) for
the first violation;
2.
Civil penalty of up to five hundred dollars ($500.00) for the second
violation; and
3.
Civil penalty of up to a one thousand dollars ($1,000.00) for the
third and subsequent violations.
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Provided a person under twenty-one (21) years of age is subject
to a civil penalty not to exceed two hundred and fifty dollars ($250.00)
with an option of attending up to eight (8) hours of drug education
or counseling in lieu of the fine. In addition, the Municipal Judge
may order that in lieu of payment, penalties under this Subsection
may be satisfied by the performance of community service with the
rate of pay-down associated with said service option the greater of
fifteen dollars ($15.00) or the minimum wage in effect.
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