City of De Soto, MO Article IX Offenses Concerning Alcohol and Drugs

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]

[Ord. No. 4085 § 1, 11-21-2016]

A. A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance, except as authorized by this Article or Chapter 195, RSMo.

B. In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of this Section will not be necessary to include any exception, excuse, proviso or exemption contained in this Article or Chapter 195, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.

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

Section 215.532 Limitations On The Retail Sale of Ephedrine. [1]

[Ord. No. 3602 §§1 — 2, 11-15-2004; Ord. No. 3646 §1, 10-17-2005; Ord. No. 3671 §1, 3-29-2006; Ord. No. 3886 §1, 4-18-2011]

A. Definitions. As used in this Article, 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 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.

PACKAGE

Any number of pills, tablets, capsules, caplets or individual units of a substance held within a container intended for sale.

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. Restrictions On Public Access To Ephedrine Products. It shall be illegal to sell, deliver or distribute ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers without a valid prescription written by a medical professional licensed by the State of Missouri.

C. Registry To Be Kept. Persons selling and dispensing substances containing any detectable amounts of pseudoephedrine, its salts or optical isomers or salts of optical isomers or ephedrine, its salts or optical isomers or salts of optical isomers shall maintain logs, documents and records as specified in Section 195.017, RSMo. Persons selling only compounds, mixtures or preparations that are excluded from Schedule V in Subsections 17 or 18 of Section 195.017, RSMo., shall not be required to maintain such logs, documents and records. All logs, records, documents and electronic information maintained for the dispensing of these products shall be opened for inspection and copying by the City of De Soto.

[1] Editor's Note — Ord. no. 3602 §§1 — 2, adopted November 15, 2004, repealed section 215.532 "limit on over-the-counter sale of methamphetamine — exceptions" in its entirety and enacted new provisions set out herein.

Section 215.535 (Reserved) [1]

[1] Editor's Note — Ord. no. 3602 §3, adopted November 15, 2004, repealed section 215.535 "limitations on the retail sale of methamphetamine precursor drugs" in its entirety. At the editor's discretion, this section has been reserved for the city's future use.

Section 215.540 Unlawful Possession of Drug Paraphernalia. [1]

[Ord. No. 4085 § 1, 11-21-2016[2]]

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 this Article or Chapter 195, RSMo.

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

[2] Editor’s Note: Ord. No. 4085 also changed the title of this Section from "Unlawful Use of Drug Paraphernalia" to "Unlawful Possession of Drug Paraphernalia."

Section 215.550 Inhalation or Inducing Others To Inhale Solvent Fumes To Cause Certain Reactions, Prohibited — Exceptions.

[Ord. No. 3846 §1, 3-15-2010]

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 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.

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

[Ord. No. 3846 §1, 3-15-2010]

A. 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 of any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues.

B. No person shall intentionally possess an alcoholic beverage vaporizer or 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.

C. 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.

[Ord. No. 3846 §1, 3-15-2010]

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.

Section 215.580 Alcoholic Beverages — Consumption On Public Streets, Rights-Of-Way, Etc.

[CC 1988 §17-3; Ord. No. 2488 §§1 — 3, 12-3-1973; Ord. No. 2883 §2, 5-2-1988; Ord. No. 4122, 5-7-2018; Ord. No. 4729, 10-18-2021]

A. Prohibition. No person shall drink or consume at any time any alcoholic beverages, including intoxicating liquor or malt liquor as defined in Chapter 605 of this Code, in public streets or public rights-of-way, including alleys and sidewalks.

B. Exceptions.

1. Subsection (A) shall not apply to a private residence kept as such unless it, or some part of it, is used in connection with or as a store, shop, hotel, boardinghouse, rooming house or a like public place; nor shall Subsection (A) apply to the consumption of alcoholic beverages in parks which is governed by Section 240.190 of this Code.

2. Subsection (A) shall not apply to the consumption of alcoholic beverages at a picnic, bazaar, fair, horse show or similar gathering when a permit or temporary permit to sell alcoholic beverages is granted pursuant to Subsection (E) or (F) of Section 600.100.

3. Subsection (A) shall not apply to the consumption of alcoholic beverages on the sidewalk immediately in front of and adjacent to any restaurant, provided that restaurant receives fifty percent (50%) of its annual revenue from the sale of food and non-alcoholic beverages.

C. Violations. Each incident of violation of this Section shall be considered a separate offense and be punishable as set forth in Section 100.090.

Section 215.582 Distribution of Prescription Medication On School Property.

[Ord. No. 3672 §1, 3-29-2006]

A. No person less than eighteen (18) years of age shall distribute upon the real property comprising of public or private elementary or secondary school or school bus a prescription medication to any individual who does not have valid prescription for such medication. For purposes of this Section, prescription medication shall not include medications containing a controlled substance, as defined in Section 195.010, RSMo.

B. The provisions of this Section shall not apply to any person less than eighteen (18) years of age authorized to distribute a prescription medication by any school personnel who are responsible for storing, maintaining or dispensing any prescription medication under Chapter 338, RSMo. This Section shall not limit the use of any prescription medication by emergency personnel, as defined in Section 565.081, RSMo., during an emergency situation.

Section 215.585 Possession of Prescription Medication On School Property.

[Ord. No. 3673 §1, 3-29-2006]

A. No person less than eighteen (18) years of age shall possess upon the real property comprising of public or private elementary or secondary school or school bus a prescription medication without a valid prescription for such medication. For purposes of this Section, prescription medication shall not include medications containing a controlled substance, as defined in Section 195.010, RSMo.

B. The provisions of this Section shall not apply to any person less than eighteen (18) years of age authorized to possess a prescription medication by any school personnel who are responsible for storing, maintaining or dispensing any prescription medication under Chapter 338, RSMo. This Section shall not limit the use of any prescription medication by emergency personnel, as defined in Section 565.081, RSMo., during an emergency situation.