[R.O. 2009 § 205.562; Ord. No. 3421 § 1, 5-22-2014]
The following words and phrases as used in this Article XI of Chapter 205, unless the context otherwise requires, mean:
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
An authorized person who acts on behalf of or at the direction
of a manufacturer, distributor, or dispenser. The term does not include
a common or contract carrier, public warehouseman, or employee of
the carrier or warehouseman while acting in the usual and lawful course
of the carrier's or warehouseman's business.
A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance in Schedule
I or II and:
Which has a stimulant, depressant,
or hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance included in Schedule
I or II; or
With respect to a particular individual,
which that individual represents or intends to have a stimulant, depressant,
or hallucinogenic effect on the central nervous system substantially
similar to the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a controlled substance included in Schedule
I or II. The term does not include a controlled substance; any substance
for which there is an approved new drug application; any substance
for which an exemption is in effect for investigational use, for a
particular person, under Section 505 of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect to
the substance is pursuant to the exemption; or any substance to the
extent not intended for human consumption before such an exemption
takes effect with respect to the substance.
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
A drug containing any quantity of
barbituric acid or any of the salts of barbituric acid or any derivative
of barbituric acid which has been designated by the United States
Secretary of Health and Human Services as habit-forming under 21 U.S.C.
352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt
of an isomer of amphetamine; or
Any substance the United States Attorney
General, after investigation, has found to be, and by regulation designated
as, habit-forming because of its stimulant effect on the central nervous
system;
Lysergic acid diethylamide; or
Any drug containing any quantity
of a substance that the United States Attorney General, after investigation,
has found to have, and by regulation designated as having, a potential
for abuse because of its depressant or stimulant effect on the central
nervous system or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery.
A practitioner who dispenses.
A person who distributes.
Substances recognized as drugs in
the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia
of the United States, or Official National Formulary, or any supplement
to any of them;
Substances intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in
humans or animals;
Substances, other than food, intended
to affect the structure or any function of the body of humans or animals;
and
Substances intended for use as a
component of any article specified in this subdivision. It does not
include devices or their components, parts or accessories.
All equipment, products, substances 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 Chapters 195 or 579, RSMo., or this Article XI of Chapter 205. It includes, but is not limited to:
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;
Kits used, intended for use, or designed
for use in manufacturing, compounding, converting, producing, processing,
or preparing controlled substances or imitation controlled substances;
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;
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;
Scales and balances used, intended
for use, or designed for use in weighing or measuring controlled substances
or imitation controlled substances;
Dilutents 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;
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;
Blenders, bowls, containers, spoons
and mixing devices used, intended for use, or designed for use in
compounding controlled substances or imitation controlled substances;
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;
Containers and other objects used,
intended for use, or designed for use in storing or concealing controlled
substances or imitation controlled substances;
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;
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:
Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
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;
Miniature cocaine spoons and cocaine
vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Substances used, intended for use,
or designed for use in the manufacture of a controlled substance;
in determining whether an object, product, substance or material is
drug paraphernalia, a court or other authority should consider, in
addition to all other logically relevant factors, the following:
Statements by an owner or by anyone
in control of the object concerning its use;
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;
The proximity of the object to controlled
substances or imitation controlled substances;
The existence of any residue of controlled
substances or imitation controlled substances on the object;
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 Chapters 195 or 579, RSMo., or this Article XI of Chapter 205; the innocence of an owner, or of anyone in control of the object, as to direct violation of Chapters 195 or 579, RSMo., or this Article XI of Chapter 205, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
Instructions, oral or written, provided
with the object concerning its use;
Descriptive materials accompanying
the object which explain or depict its use;
National or local advertising concerning
its use;
The manner in which the object is
displayed for sale;
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;
Direct or circumstantial evidence
of the ratio of sales of the object to the total sales of the business
enterprise;
The existence and scope of legitimate
uses for the object in the community;
Expert testimony concerning its use;
The quantity, form or packaging of
the product, substance or material in relation to the quantity, form
or packaging associated with any legitimate use for the product, substance
or material.
A place devoted primarily to the maintenance and operation
of facilities for the diagnosis, treatment or care, for not less than
twenty-four (24) hours in any week, of three (3) or more non-related
individuals suffering from illness, disease, injury, deformity or
other abnormal physical conditions; or a place devoted primarily to
provide, for not less than twenty-four (24) consecutive hours in any
week, medical or nursing care for three (3) or more non-related individuals.
The term "hospital" does not include convalescent, nursing, shelter
or boarding homes as defined in Chapter 198.
All nonseed parts and varieties of the Cannabis sativa L. plant,
growing or not, that contain an average delta-9 tetrahydrocannabinol
(THC) concentration exceeding three-tenths of one percent (0.3%) on
a dry-weight basis.
Illegal industrial hemp shall be destroyed in the most effective
manner possible, and such destruction shall be verified by the Missouri
state highway patrol.
A substance that is not a controlled substance, which by
dosage unit appearance (including color, shape, size and markings),
or by representations made, would lead a reasonable person to believe
that the substance is a controlled substance. In determining whether
the substance is an imitation controlled substance the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved
by the Federal Food and Drug Administration for over-the-counter (non-prescription
or non-legend) sales and was sold in the Federal Food and Drug Administration
approved package, with the Federal Food and Drug Administration approved
labeling information;
Statements made by an owner or by
anyone else in control of the substance concerning the nature of the
substance, or its use or effect;
Whether the substance is packaged
in a manner normally used for illicit controlled substances;
Prior convictions, if any, of an
owner, or anyone in control of the object, under State or Federal
law related to controlled substances or fraud;
The proximity of the substances to
controlled substances;
Whether the consideration tendered
in exchange for the non-controlled substance substantially exceeds
the reasonable value of the substance considering the actual chemical
composition of the substance and, where applicable, the price at which
over-the-counter substances of like chemical composition sell. An
imitation controlled substance does not include a placebo or registered
investigational drug either of which was manufactured, distributed,
possessed or delivered in the ordinary course of professional practice
or research.
A substance which:
The State Department of Health and
Senior Services has found to be and by rule designates as being the
principal compound commonly used or produced primarily for use in
the manufacture of a controlled substance;
Is an immediate chemical intermediary
used or likely to be used in the manufacture of a controlled substance;
and
The control of which is necessary
to prevent, curtail or limit the manufacture of the controlled substance.
All nonseed parts and varieties of the Cannabis sativa L. plant,
growing or not, that contain an average delta-9 tetrahydrocannabinol
(THC) concentration that does not exceed three-tenths of one percent
(0.3%) on a dry-weight basis or the maximum concentration allowed
under federal law, whichever is greater.
Any Cannabis sativa L. seed that is part of a growing crop,
retained by a grower for future planting, or used for processing into
or use as agricultural hemp seed.
Industrial hemp includes industrial hemp commodities and products
and topical or ingestible animal and consumer products derived from
industrial hemp with a delta-9 tetrahydrocannabinol concentration
of not more than three-tenths of one percent (0.3%) on a dry-weight
basis.
The production, preparation, propagation, compounding or
processing of drug paraphernalia or of a controlled substance, or
an imitation controlled substance, either directly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis,
and includes any packaging or repackaging of the substance or labeling
or relabeling of its container. This term does not include the preparation
or compounding of a controlled substance or an imitation controlled
substance or the preparation, compounding, packaging or labeling of
a narcotic or dangerous drug:
By a practitioner as an incident
to his administering or dispensing of a controlled substance or an
imitation controlled substance in the course of his professional practice;
or
By a practitioner or his authorized
agent under his supervision, for the purpose of, or as an incident
to, research, teaching or chemical analysis and not for sale.
Cannabis indica, Cannabis saliva, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
"Marijuana" does not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 4300, 2-23-2023]
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers.
Any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical analysis:
Opium, opiate, and any derivative
of opium or opiate, including their isomers, esters, ethers, salts,
and salts of isomers, esters, and ethers, whenever the existence of
the isomers, esters, ethers, and salts is possible within the specific
chemical designation. The term does not include the isoquinoline alkaloids
of opium;
Coca leaves, but not including extracts
of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine
or their salts have been removed;
Cocaine or any salt, isomer, or salt
of isomer thereof;
Ecgonine, or any derivative, salt,
isomer, or salt of isomer thereof;
Any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes its racemic and levorotatory forms. It does not include, unless specifically controlled under Section 195.017, RSMo., or this Article XI of Chapter 205, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan).
A retail sale licensed pursuant to Chapter 144 RSMo., of
a drug other than a controlled substance.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
A person, with the knowledge of the presence and 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 person alone has
possession of a substance, possession is sole. If two or more persons
share possession of a substance, possession is joint.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by the State of Missouri to distribute,
dispense, conduct research with respect to or administer or to use
in teaching or chemical analysis, a controlled substance in the course
of professional practice or research in the State of Missouri, or
a pharmacy, hospital or other institution licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with
respect to or administer a controlled substance in the course of professional
practice or research.
Includes the manufacture, planting, cultivation, growing,
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
The number assigned to each person registered under the Federal
controlled substances laws.
Includes barter, exchange, or gift, or offer therefor, and
each such transaction made by any person, whether as principal, proprietor,
agent, servant or employee.
When applied to a part of the United States, includes any
state, district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United States of
America.
Includes unless specifically excepted or unless listed in
another schedule, any natural or synthetic material, compound, mixture,
or preparation that contains any quantity of a substance that is a
cannabinoid receptor agonist, including but not limited to any substance
listed in paragraph (II) of subdivision (4) of subsection 2 of Section
195.017, RSMo., and any analogues, homologues; isomers, whether optical,
positional, or geometric; esters; ethers; salts; and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, or salts is possible within the specific chemical designation,
however, it shall not include any approved pharmaceutical authorized
by the United States Food and Drug Administration.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he himself has not produced
or prepared, on official written orders, but not on prescriptions.
[R.O. 2009 § 205.520; Ord. No. 3421 § 1, 5-22-2014; Ord.
No. 3962, 7-25-2019[2]; Ord. No. 4300, 2-23-2023]
It is unlawful for any person to possess or have under his/her control Marijuana or Synthetic Cannabinoid except and only to the extent as authorized by Article XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to legalized Marijuana, and except as authorized by Chapter 579, RSMo., or Chapter 195, RSMo.
[R.O. 2009 § 205.530; Ord. No. 3421 § 1, 5-22-2014; Ord.
No. 3962, 7-25-2019; Ord. No. 4300, 2-23-2023]
It is unlawful for any person to possess or have under his/her control a controlled substance except and only to the extent as authorized by Article XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to legalized Marijuana, and except as authorized by Chapter 195, RSMo., or Chapter 579, RSMo.
[1]
Note: — Under certain circumstances
this offense can be a felony under state law.
A.Â
The retail sale of methamphetamine precursor
drugs shall be limited to:
1.Â
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.Â
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.
[R.O. 2009 § 205.540; Ord. No. 3421 § 1, 5-22-2014; Ord.
No. 3962, 7-25-2019[2]; Ord. No. 4300, 2-23-2023]
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, administer, or otherwise introduce into the human body a controlled substance or an imitation controlled substance except and only to the extent as authorized by Article XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to legalized Marijuana.
[R.O. 2009 § 205.542; Ord. No. 3421 § 1, 5-22-2014; Ord.
No. 3962, 7-25-2019; Ord. No. 4300, 2-23-2023]
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, administer, or otherwise introduce into the human body a controlled substance or an imitation controlled substance except and only to the extent as authorized by Article XIV of the Missouri Constitution including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services relating to Marijuana.
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.Â
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.Â
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.Â
Solvents, particularly toluol;
2.Â
Ethyl alcohol;
3.Â
Amyl nitrite and its iso-analogues;
4.Â
Butyl nitrite and its iso-analogues;
5.Â
Cyclohexyl nitrite and its iso-analogues;
6.Â
Ethyl nitrite and its iso-analogues;
7.Â
Pentyl nitrite and its iso-analogues;
and
8.Â
Propyl nitrite and its iso-analogues.
C.Â
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.Â
No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their isoanalogues for the purpose of using it in the manner prohibited by Section 205.1840 and this Section.
E.Â
No person shall possess or use an alcoholic
beverage vaporizer.
F.Â
Nothing in this Section shall be construed
to prohibit the legal consumption of intoxicating liquor.
A.Â
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 205.1840 and 205.1850 hereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 4300, 2-23-2023]
A.Â
Use
In Public Place Prohibited. It shall be unlawful to use Marijuana
in a public place.
B.Â
Unlawful
Visibility Or Keeping Of Marijuana. Notwithstanding anything in this
Code to the contrary, a person who cultivates Marijuana plants that
are visible by normal, unaided vision from a public place or cultivates
Marijuana plants not kept in a locked space is subject to a civil
penalty of up to two hundred fifty dollars ($250.00) and forfeiture
of the Marijuana.
C.Â
Unlawful
Use Penalty. Notwithstanding anything in this Code to the contrary,
a person who uses Marijuana in a public place shall be subject to
a civil penalty of up to one hundred dollars ($100.00).
D.Â
Unlawful Use By A Person Under Twenty-One. Notwithstanding anything in this Code to the contrary, a person under twenty-one (21) who possess, uses, ingests, inhales, transports, delivers without consideration, or distributes without consideration three (3) ounces or less of Marijuana, or possesses, delivers without consideration, or distributes without consideration Marijuana accessories, as defined by Article XIV, is subject to a civil penalty of up to one hundred dollars ($100.00) and forfeiture of the Marijuana. Any such person shall be provided the option of attending up to four (4) hours of drug education or counseling in lieu of the fine.
E.Â
Unlawful Amount Penalty. Notwithstanding anything in this Code to the contrary, a person who possesses, produces, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years or age, or possesses with the intent to deliver an amount of Marijuana that is not more than twice the amount of Marijuana that person is authorized to possess by Article XIV of the Missouri Constitution shall be subject to:
1.Â
A civil penalty of up to two hundred fifty dollars ($250.00) for
the first violation;
2.Â
A civil penalty of up to five hundred dollars ($500.00) for the second
violation; and
3.Â
A civil penalty of up to a one thousand dollars ($1,000.00) for the
third and subsequent violations.
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Provided a person under twenty-one (21) years of age is subject
to a civil penalty not to exceed two hundred fifty dollars ($250.00)
with an option of attending up to eight (8) hours of drug education
or counseling in lieu of the fine. In addition, the Municipal Judge
may order that in lieu of payment, penalties under this Subsection
may be satisfied by the performance of community service with the
rate of pay-down associated with said service option the greater of
fifteen dollars ($15.00) or the minimum wage in effect.
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