[Ord. No. 2739, 2-7-2023]
A. 
Purchase Limits.
1. 
Qualifying Patients And Primary Caregivers.
a. 
Absent a certification from a physician or nurse practitioner authorizing more, qualifying patients may only purchase, or have purchased on their behalf by their primary caregivers, up to six (6) ounces of dried, unprocessed marijuana, or its equivalent, per qualifying patient, in a thirty-day (30 day) period.
b. 
The six (6) ounce purchase limit established in this Section shall not apply to a qualifying patient with a certification from a physician or nurse practitioner that there are compelling reasons why the qualifying patient needs a greater amount than the limit established in this Section. In such case, the physician or nurse practitioner must state in their certification what amount the qualifying patient requires, which shall then be that patient's limit.
2. 
Non-Qualifying Patient Consumers, Twenty-One (21) Years Of Age Or Older.
a. 
Non-qualifying patient consumers, twenty-one (21) years of age or older, may only purchase up to three (3) ounces of dried, unprocessed marijuana or its equivalent in a single transaction.
B. 
Possession Limits.
1. 
Qualifying Patients And Primary Caregivers.
a. 
Qualifying patients may only possess, or instruct a primary caregiver to possess on their behalf:
(1) 
In the case of qualifying patients who do not cultivate or have marijuana cultivated on their behalf, up to a sixty-day (60 day) supply of dried, unprocessed marijuana or its equivalent, per qualifying patient.
(2) 
In the case of qualifying patients who cultivate marijuana for medical use or whose primary caregivers are cultivating marijuana on their behalf, up to a ninety-day (90 day) supply of dried, unprocessed marijuana or its equivalent, so long as the supply of medical marijuana in excess of a sixty-day (60 day) supply remains in an enclosed, locked facility.
b. 
Primary caregivers may possess a separate legal limit for each qualifying patient under their care and a separate legal limit for themselves if they are a qualifying patient, each of which shall be stored separately for each qualifying patient and labeled with the qualifying patient's name.
2. 
Non-Qualifying Patient Consumers, Twenty-One (21) Years Of Age Or Older.
a. 
A non-qualifying patient consumer, twenty-one (21) years of age or older who does not cultivate marijuana may possess up to three (3) ounces of dried, unprocessed marijuana or its equivalent.
b. 
In the case of a non-qualifying patient consumer who does cultivate marijuana, any supply of dried, unprocessed marijuana or its equivalent cultivated by the consumer in excess of the consumer's three (3) ounce possession limit must remain in an enclosed, locked facility at a private residence.
c. 
Penalties.
(1) 
Any non-qualifying patient consumer, twenty-one (21) years of age or older, who possesses greater than three (3) ounces, but less than six (6) ounces of dried, unprocessed marijuana or its equivalent in violation of Subsection (B)(2)(a) or (b) shall be subject to an offense. For a first violation, the consumer shall be subject to a civil infraction punishable by a civil penalty in an amount not to exceed two hundred fifty dollars ($250.00) and forfeiture of the marijuana. For a second and any subsequent violation, the consumer shall be subject to a civil infraction punishable by a civil penalty in an amount not to exceed five hundred dollars ($500.00) and forfeiture of the marijuana. In lieu of payment, penalties imposed under this Section may be satisfied by the performance of community service, the rate of pay-down associated with said service will be the greater of fifteen dollars ($15.00) or the minimum wage in effect at the time of judgement.
(2) 
Any non-qualifying patient consumer, twenty-one (21) years of age or older, who possesses greater than six (6) ounces of dried, unprocessed marijuana or its equivalent, shall be subject to an offense, the penalty for which shall be consistent with Section 100.220 of the Municipal Code.
3. 
Non-Qualifying Patients, Below Age Twenty-One (21).
a. 
An individual who is not a qualifying patient, and is below the age of twenty-one (21), shall not possess any amount of marijuana. It shall be unlawful for such individual to possess any amount of marijuana.
b. 
Penalties.
(1) 
Any person who violates Subsection (B)(3)(a) by possessing dried, unprocessed marijuana or its equivalent in an amount that does not exceed three (3) ounces shall be punished by a civil penalty not to exceed two hundred fifty dollars ($250.00). In lieu of the fine, any person found guilty of Subsection (B)(3)(a) shall be provided the option of attending up to eight (8) hours of drug education or counseling.
(2) 
Any person who violates Subsection (B)(3)(a) by possessing dried, unprocessed marijuana or its equivalent in an amount greater than three (3) ounces shall be subject to an offense, the penalty for which shall be consistent with Section 100.220 of the Municipal Code.
[Ord. No. 2739, 2-7-2023]
Except as authorized by Sections 195.005 to 194.425, RSMo., and Article XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana, it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, 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.
B. 
Any person holding a retail sales license pursuant to Chapter 144, RSMo., who knowingly violates Subsection (A) of this Section is guilty of a misdemeanor.
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.
[Ord. No. 2739, 2-7-2023]
Except and only to the extent authorized by Article XIV of the Missouri Constitution, as amended, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana, 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.
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 210.550 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.
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 210.550 and 210.560 hereof.
B. 
Any person who violates any provision of Sections 210.550210.570 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.
[Ord. No. 1964 §I, 6-7-2011]
A. 
It is unlawful for any person or corporation to offer for sale, sell, attempt to sell, give, exchange, publicly display for sale or otherwise distribute to any person any product containing Methylenedioxypryovalerone ("MDPV") or its derivatives.
B. 
It is also unlawful for any person or corporation to knowingly possess or have under his or her control any products containing MDPV.
C. 
Any person violating the terms of this Section shall be punished, upon conviction, with a fine up to five hundred dollars ($500.00) and incarceration of up to ninety (90) days, with each day of violation constituting a separate offense.
[Ord. No. 1968 §I, 6-7-2011]
A. 
As used in this Section, the terms are defined as follows:
ILLEGAL SMOKING PRODUCT
Includes any substance, whether called "Spice", "K2", tobacco, herbs, incense or any blend thereof, which includes any one (1) or more of the following chemicals:
1. 
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol);
2. 
(dexanabinol,(6aS, 10aS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl) -6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol);
3. 
1-Pentyl-3-(1-naphthoyl)indole; or
4. 
Butyl-3-(1-naphthoyl)indole.
B. 
It shall be unlawful for any person within the City to distribute, deliver, sell, offer for sale, publicly display for sale or attempt to distribute, deliver or sell any illegal smoking product.
C. 
It shall be unlawful for any person to knowingly possess or have under his or her control any illegal smoking product.
D. 
Any person who violates the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than ninety (90) days, or by both such fine and imprisonment, with each day of violation constituting a separate offense.
[Ord. No. 2739, 2-7-2023]
A. 
Definitions. For the purposes of this Section, the following terms shall have the meaning set forth below:
PLACE OF EMPLOYMENT
An area under the control of a public employer or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, temporary offices, and vehicles leased, owned, or operated by the employer. Any child care, adult day care, group home or health care facility shall be considered a place of employment, whether located in a public place or private residence.
PUBLIC PLACE
Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places, include, but are not limited to, streets, sidewalks, parks, parking structures, parking lots, health care facilities, restaurants, business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, bars, private clubs, event venues, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof, such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.
B. 
Using marijuana or marijuana-infused products shall be prohibited in all public places in the City of Warrenton.
C. 
Unless otherwise allowed by applicable law, using marijuana or marijuana-infused products shall be prohibited in all places of employment within the City of Warrenton, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employees lounges, stairs, and restrooms.
D. 
Exception. The prohibitions in this Section shall not apply to a qualifying patient who uses marijuana or marijuana-infused products in a public place that is licensed for such activity by the Department of Health and Senior Services under Article XIV, Section 1.7(6) of the Missouri Constitution, as amended.
E. 
Application Of This Section To The City Of Warrenton Facilities. All facilities, including buildings leased or operated by the City of Warrenton, shall be subject to the provisions of this Section. Additionally, using marijuana or marijuana-infused products is prohibited in City owned or leased vehicles.
F. 
Enforcement.
1. 
This Section shall be enforced by the City Administrator, his or her designee, and the City of Warrenton Police Department.
2. 
An owner, operator, or employee of an establishment regulated by this Section shall inform persons violating the Section of the appropriate provisions thereof.
G. 
Penalties.
1. 
A qualifying patient who uses marijuana under the provisions of Article XIV, Section 1 of the Missouri Constitution, as amended, providing for medical marijuana, but nonetheless violates this Section, shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). Each separate violation carries with it a separate penalty.
2. 
Any person who is not a qualifying patient and who uses marijuana in violation of this Section, shall be subject to a civil penalty not to exceed one hundred dollars ($100.00). Each separate violation carries with it a separate penalty.