City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
[RSMo. §195.010; Ord. No. 87-1932 §1, 2-9-1987; CC 1988 §6A-1; Ord. No. 92-2091 §2, 11-9-1992]
As used in this Chapter the following words and phrases shall have the following meanings, unless the context clearly indicates a different meaning:
CONTROLLED SUBSTANCE
Any drug, substance, or immediate precursor defined by State law as a controlled substance, or defined as a controlled substance by the laws of the United States, including Section 102, paragraph (6) of the Controlled Substance Act, 21 USC 802(6).
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 to 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. 
Diluents 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;
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:
1.
Statements by an owner or by anyone in control of the object concerning its use;
2.
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;
3.
The proximity of the object, in time and space, to a direct violation of Sections 195.005 to 195.425, RSMo.;
4.
The proximity of the object to controlled substances or imitation controlled substances;
5.
The existence of any residue of controlled substances or imitation controlled substances on the object;
6.
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 to 195.425; RSMo., the innocence of an owner, or of anyone in control of the object, as to direct violation of Sections 195.005 to 195.425, RSMo., shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
7.
Instructions, oral or written, provided with the object concerning its use;
8.
Descriptive materials accompanying the object which explain or depict its use;
9.
National or local advertising concerning its use;
10.
The manner in which the object is displayed for sale;
11.
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;
12.
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
13.
The existence and scope of legitimate uses for the object in the community;
14.
Expert testimony concerning its use.
POSSESSED or POSSESSION
A person, with the knowledge of the presence and illegal nature of a substance, has actual or constructive possession of the 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 the 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. Possession may also be sole or joint. If one (1) person alone has possession of a substance possession is sole. If two (2) or more persons share possession of a substance, possession is joint.
[RSMo. §195.202, 195.233, 195.235; Ord. No. 87-1932, §3, 2-9-1987; CC 1988 §6A-3]
A. 
Possession or Control of a Controlled Substance — Penalty.
1. 
Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his control a controlled substance.
2. 
Any person who violates this Subsection with respect to any controlled substance except thirty-five (35) grams or less of marijuana is guilty of a felony.
3. 
Any person who violates this Subsection with respect to not more than thirty-five (35) grams of marijuana is guilty of a misdemeanor.
B. 
Unlawful Use of Drug Paraphernalia — Penalty.
1. 
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 to 195.425, RSMo.
2. 
A person who violates this Subsection is guilty of a misdemeanor.
C. 
Unlawful delivery or manufacture of drug paraphernalia, penalty.
1. 
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 to 195.425, RSMo.
2. 
A person who violates this Subsection is guilty of a felony.
D. 
This Section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with the State law. This Section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by City ordinances.
E. 
Any drug paraphernalia used in violation of this Section shall be seized and forfeited to the municipality.
[Ord. No. 87-1932, §5, 2-9-1987; Ord. No. 87-1955, §1, 11-9-1987; CC 1988 §6A-4]
Any person, firm or corporation violating any provision of this Chapter shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment for a period not exceeding three (3) months, or by both such fine and imprisonment.