City of Owensville, MO
Gasconade County
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Table of Contents
Table of Contents

Section 215.520 Possession of Marijuana. [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 marijuana as defined in Section 195.010, RSMo.
[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.

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.
C. 
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.

Section 215.540 Unlawful Use of Drug Paraphernalia. [1]

It is unlawful for any person to 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 by Section 195.010, RSMo., in violation of Sections 195.005 to 195.425, RSMo.
[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 215.555 Regulating The Possession, Distribution and Display of Certain Substances.

[Ord. No. 1123 §1, 8-6-2012]
A. 
Definitions. For the purposes of this Section, the following terms shall have meanings ascribed to them below:
CANNABIMIMETIC AGENTS
Unless specifically exempted, any material, compound, mixture or preparation which contains any quantity of cannabimimetic agents, their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. As used in this Section, cannabimimetic agents means:
1. 
Any substance that is a cannabinoid receptor type 1 (CB 1 receptor) agonist as demonstrated by binding studies and functional assays within the following structural classes:
a. 
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
b. 
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or napthtyl ring to any extent;
c. 
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
d. 
1-(naphthylmethyl)indene by substituted of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent; or
e. 
3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
2. 
Any substance which includes any one (1) and/or more of the following chemicals:
a. 
CP 47,497; 5-(1,1-dimethylhepty1)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;
b. 
Cannabicyclohexano1;5-(1,1-dimethylocty1)-2-[(1R,3S)-3-hydroxycyclo-hexyl- phenol;
c. 
HU-210; [(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan- 2-y1)-6a,7,10, 10a-tetrahydrobenzo[c] chromen-1-ol)];
d. 
HU-211; (dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethy1-3- (2-methyloctan-2-y1)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol);
e. 
JWH-015; (2-methyl-l-propy1-1H-indo1-3-y1)-1-naphthalenyl-methanone;
f. 
JWH-018; 1-penty1-3-(1-naphthoyl)indole;
g. 
JWH-019; 1-hexyl-3-(napthoyl)indole;
h. 
JWH-073; 1-butyl-3-(1-naphthoyl)indole;
i. 
JWH-081; 1-penty1-3-(1-4-methoxynaphthoyl)indole;
j. 
JWH-122; 1-penty1-3-(4-methyl-l-naphthoyl)indole;
k. 
JWH-200; 1-[2-(4-morpholinyl)ethy1]-3-(1-naphthoyl)indole;
l. 
JWH-203; 1-penty1-3-(2-chlorophenylacetyl)indole;
m. 
JWH-250; 1-penty1-3-(2-methoxyphenylacetyl)indole;
n. 
JWH-398; 1-penty1-3-(4-chloro-1-naphthoyl)indole;
o. 
AM2201; 1-(5-fluoropenty1)-3-(1-naphthoyl)indole;
p. 
AM694; 1-(5-fluoropenty1)-3-(2-iodobenzoyl)indole;
q. 
SR-19 and RCS-4; 1-pentyl-3-(4methoxy-benzoyl)indole; and
r. 
SR-18 and RCS-8; 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole.
ILLEGAL CHEMICAL PRODUCT
Any substance which includes any one (1) and/or more of the following chemicals:
1. 
Mephradone (4-methylmethcathinone);
2. 
4-methyl-alpha-pyrrolidinobutyrophenone;
3. 
Methylenedioxypyrovalerone or [(MDPV) (1-(1,3-Benzodioxo1-5-y1)-2- (1-pyrrolidiny1)-1- pentanone]; and
4. 
MDAI; 5,6-methylenedioxy-2-aminoinadame.
This Section shall apply whether the cannabimimetic agents or illegal chemical products, as herein defined, are described as tobacco, herbs, incense, spice, bath salts, plant food or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked or ingested.
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
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 cannabimimetic agent, illegal chemical product, or like products that 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, that is similar to a controlled substance or imitation controlled substance.
C. 
Possession Unlawful. It is unlawful for any person to knowingly possess, inhale or ingest any cannabimimetic agent or illegal chemical product or like products that 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, that is similar to a controlled substance or imitation controlled substance.
D. 
Penalty. Any person violating Subsections (B) or (C) of this Section shall be guilty of an offense and upon plea of guilty of the Owensville City Codes or a finding of guilt shall be fined up to five hundred dollars ($500.00) and/or ninety (90) days in the County Jail. A separate offense shall be deemed committed to each sale, offer to sell, gift, or public display for sale.

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

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 215.570 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 215.550215.570 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.

Section 215.573 Sale of Certain Products Containing The Ingredient Ephedrine or Pseudoephedrine.

[R.O. 2010 §215.320; Ord. No. 760 §1, 6-2-2003; Ord. No. 1092 §1, 8-1-2011]
A. 
Definitions. As used in this Section, the following words and/or phrases shall have the following meanings as set forth herein:
COUNTER
Any obstructive, physical barrier that separates ephedrine products from access by a customer or the general public, and which makes such products available to a customer or the general public only through or by the act of an employee of the seller.
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine by hydrochloride, pseudoephedrine hydrochloride, phenylpropanolamine and all combinations of these chemicals.
EPHEDRINE PRODUCT
Any product that contains ephedrine, its salts, isomers or salts of isomers as its sole active ingredient or in combination with less than therapeutically significant quantities of other active ingredients.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity selling an ephedrine product to customers.
SELL
To knowingly furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.
B. 
It shall be unlawful for any person to display or offer to sell any ephedrine product unless the ephedrine product is placed behind a counter. This prohibition shall not apply to the sale of animal feed containing ephedrine.
C. 
Theft — Report To Be Made When.
1. 
Any person who sells ephedrine products and who discovers a theft, disappearance or other loss of an ephedrine product shall report the theft, disappearance or other loss in writing to the Owensville Police Department within three (3) calendar days of such a discovery.
2. 
Any person who sells ephedrine products shall report to the Owensville Police Department any difference between the quantity of ephedrine products shipped and the quantity of ephedrine products received within three (3) calendar days of discovery.
D. 
Violation And Penalty.
1. 
Each day a violation of this Section exists shall be considered a separate offense.
2. 
The Board of Aldermen may institute an action for injunctive relief to enforce the provisions of this Section.
3. 
Every act or omission constituting a violation of any of the provisions of this Section by any agent or employee of any person shall be deemed and held to be the act of such person and said person shall be punishable in the same manner as if said act or omission has been done or omitted by him or it personally, provided such act or omission was within the scope of employment or the scope of authority of such agent or employee.

Section 215.574 Sale of Ephedrine and Pseudoephedrine — Related Products.

[Ord. No. 1092 §1, 8-1-2011]
Any person purchasing or receiving ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers from retail pharmacy must have first obtained a prescription from a Missouri licensed physician. No retail pharmacy shall dispense, sell or provide these drugs without first having obtained a prescription from a Missouri licensed pharmacist. This Section shall not prohibit individual healthcare practitioners from issuing orders in their professional and licensed healthcare facilities.