[Ord. No. 20-004, 2-11-2020]
A.
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, Section 1 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 and additionally excepting:[3]
1.
A qualified patient for the patient's own personal use, in an amount
no larger than the law allows in the original packaging, or
2.
A primary caretaker of a qualified patient, or patients, but only
when transporting the medical marijuana to a qualified patient or
when accompanying a qualified patient or patients and the medical
marijuana is in the original packaging, or
3.
An owner or an employee of a medical marijuana facility within the
enclosed building licensed as such, or when delivering directly to
another medical marijuana facility.
4.
If a person has been authorized by the Missouri Department of Health
and Senior Services to cultivate marijuana for personal use, in lieu
of keeping the marijuana in the original packaging as required in
this Section, the person shall keep the marijuana, when not on property
under the person's control, in a container clearly marked with the
patient's name and shall keep his or her cultivation card, issued
by the State, on his or her person while possessing such marijuana.
5.
Any person who violates this ordinance shall be subject to a fine
for each violation as follows: First violation: two hundred dollars
($200.00); any additional violations within a twelve-month period,
second violation: two hundred seventy-five dollars ($275.00), third
violation: three hundred fifty dollars ($35000), and fourth and subsequent
violations: four hundred fifty dollars ($450.00). A person issued
a citation for violating this Section may elect to pay the minimum
penalty specified above for each violation alleged in the citation,
in lieu of appearing in court to answer the citation.
[3]
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 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, Section 1 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.[2]
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.
Except and only to the extent as authorized by Article XIV, Section 1 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.
A.
Any
controlled substance or any apparatus, device or instrument or raw
material for the administration, use, production or manufacture of
any controlled substance as defined herein which have come into the
custody of a Peace Officer of the City of Versailles, the lawful possession
of which is not established or lawful title thereto ascertained, in
the manner prescribed by the laws of Missouri shall be forfeited and
disposed of as follows:
1.
The court having jurisdiction of offenses charged under this Article
shall order such controlled substances, apparatus, device or instrument
forfeited and destroyed with a record of the place where such substance,
apparatus, device or instrument was seized;
2.
The kind and quantities of such substances, apparatus, device or
instrument so destroyed; and
3.
The time, place and manner of such destruction shall be kept and
returned to the court, under oath, by the officer or officers acting
pursuant to such order, which record shall be open to inspection by
all Federal and State officials charged with enforcement of Federal
and State narcotic or controlled substance laws; provided however,
that the court may, in the alternative, upon proper application deliver
such drugs or substances, apparatus, instruments or devices, except
herein and its salts and derivatives, to the Division of Health of
the State of Missouri to be disposed of or destroyed by said Division
of Health in the manner provided for by the laws of Missouri; and
provided further, that a true copy of all such reports made to the
court, under oath, shall be provided to the United States Commissioner
of Narcotics by such officer who destroys such controlled substances,
drugs, apparatus, device or instrument.
It is hereby declared that it is unlawful for any person to
drink any alcoholic beverage upon any public street, public alley,
public sidewalk, or any commercial parking lot when the business thereon
is closed.
[Ord. No. 20-004, 2-11-2020]
Any person who in possession of medical marijuana shall, immediately
upon the request of any law enforcement officer, produce a valid permit
issued by the Missouri Department of Health and Senior Services (or
its successor) for such possession, including, but not limited to,
a qualified patient identification card, or a qualified caretaker
card. Any person who fails to produce such a permit upon request shall
be subject to a fine for each violation as follows: First violation:
two hundred dollars ($200.00); any additional violations within a
twelve-month period, second violation: two hundred seventy-five dollars
($275.00), third violation: three hundred fifty dollars ($350.00),
fourth and subsequent violations: four hundred fifty dollars ($450.00).
A person issued a citation for violating this Section may elect to
pay the minimum penalty specified above for each violation alleged
in the citation, in lieu of appearing in court to answer the citation.
[Ord. No. 20-004, 2-11-2020]
Any person, otherwise lawfully authorized to possess medical
marijuana, who shall possess such marijuana on real property not under
his or her control without such marijuana being properly packaged
as required as required by the Missouri Department of Health and Senior
Services shall be subject to a fine for each violation as follows:
First violation: two hundred dollars ($200.00); any additional violations
within a twelve-month period, second violation: two hundred seventy-five
dollars ($275.00), third violation: three hundred fifty dollars ($350.00),
fourth and subsequent violations: four hundred fifty dollars ($450.00).
A person issued a citation for violating this Section may elect to
pay the minimum penalty specified above for each violation alleged
in the citation, in lieu of appearing in court to answer the citation.
[Ord. No. 20-004, 2-11-2020]
A.
No
person shall administer medical marijuana in public.
B.
As
used in this Section, the word "administer" shall have the definition
set forth in Article XVI Section 1 of the Missouri Constitution.
C.
As
used in this Section, the phase "in public" shall mean any place other
than:
1.
The residence of the person administering medical marijuana or the
residence of the primary caretaker, 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 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; or
2.
A licensed medical facility with the consent of the person or persons
in charge of that facility.
[Ord. No. 20-004, 2-11-2020]
No person shall dispose of marijuana or marijuana-infused products
in an unsecured waste receptacle not in possession and control of
the qualified patient or primary caretaker and designed to prohibit
unauthorized access.
[Ord. No. 20-004, 2-11-2020]
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 are 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
unless in the residence of a qualified patient or residence of a primary
caretaker.
4.
The cultivation must comply with the security and other requirements
of State law and the rules of the Department of Health and Senior
Services and take place in an enclosed, locked facility as defined
by the Department of Health and Senior Services and not visible to
the unaided eye from an adjacent property when viewed by an individual
at ground level or from a permanent structure at any level.
5.
The resident has notified the Police Chief, including providing proof
of eligibility, on a form provide by the Police Chief, so that law
enforcement and code officials will be aware that the cultivation
is lawfully taking place.
6.
All residential medical marijuana cultivation by a qualifying patient
or primary caregiver shall take place within an enclosed, locked facility
in accordance with 19 CSR 30-95.010.
7.
All residential medical marijuana cultivation by a qualifying patient
or primary caregiver shall be done in such a way as to prevent odors
of marijuana from being detected by a person of ordinary sense of
smell beyond the boundary of the lot upon which the medical marijuana
plants are located. If a qualifying patient or primary caregiver is
cultivating in a multiple-tenant building, the qualifying patient
or primary caregiver shall not permit odor of marijuana which is capable
of being detected by a person of ordinary senses outside of the tenant
space the qualifying patient or primary caregiver occupies.
8.
Any qualified patient or primary caregiver that cultivates marijuana
and fails to conform to the requirements herein shall be subject to
a fine for each violation as follows: First violation: two hundred
dollars ($200.00); any additional violations within a twelve-month
period, second violation: two hundred seventy-five dollars ($275.00),
third violation: three hundred fifty dollars ($350.00), fourth and
subsequent violations: four hundred fifty dollars ($450.00). A person
issued a citation for violating this Section may elect to pay the
minimum penalty specified above for each violation alleged in the
citation, in lieu of appearing in court to answer the citation. In
addition, the violation shall be reported to the Missouri Department
of Health and Senior Services.
