[Ord. No. 2607, 1-14-2023]
A.
Possession; More Than Four (4) Ounces. The following acts by a person
at least twenty-one (21) years of age are unlawful: purchasing, possessing,
consuming, using, ingesting, inhaling, processing, transporting, delivering
without consideration, or distributing without consideration four
(4) ounces or more of marijuana, or its equivalent.
B.
Possession; Under Twenty-One (21) Years of Age; Three (3) Ounces or Less. Except as authorized by Article XIV of the Missouri Constitution, the following acts by a person under twenty-one (21) years of age are unlawful: possesses, 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, and such person is subject to a civil penalty not to exceed one hundred dollars ($100.00) and forfeiture of the marijuana, provided that 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.
C.
Possession; Under Twenty-One (21) Years Of Age; Four (4) Ounces Or More. Except as authorized by Article XIV of the Missouri Constitution, the following acts by a person under twenty-one (21) years of age are unlawful: possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration four (4) ounces or more of marijuana.
D.
Sale To Persons Under Twenty-One (21). No person shall deliver to,
transfer to, or sell to persons twenty-one (21) years of age or younger
marijuana or marijuana paraphernalia and/or marijuana accessories.
For purposes of this Chapter, "marijuana accessories" means any equipment,
product, material, or combination of equipment, products, or materials,
which is specifically designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, ingesting, inhaling, or otherwise introducing
marijuana into the human body.
E.
Illegal Growing. The following acts by a person are unlawful:
1.
Illegal Growing. Possessing, transporting, planting, cultivating, harvesting, drying, processing, or manufacturing: i) more than six (6) flowering marijuana plants; ii) more than six (6) non-flowering marijuana plants; iii) more than six (6) clones; or iv) any lesser number of such plants or clones if the person is not registered with the Department of Health and Senior Services for cultivation of marijuana plants pursuant to Article XIV, Section 2.4(24) of the Missouri Constitution.
2.
Illegal Growing; Registered Cultivator. A person registered with the Department of Health and Senior Services pursuant to Article XIV, Section 2.4(24) of the Missouri Constitution for cultivation of marijuana plants within the limits of Article XIV, Section 2.10(1)(b) of the Missouri Constitution shall not keep the plants and any marijuana produced by the plants in excess of three (3) ounces at more than one (1) private residence, or in an unlocked space, or in a manner in which they are visible by normal, unaided vision from a public place; and further, shall not keep more than twice the number of allowable plants under Article XIV, Section 2.10(1)(b) of the Missouri Constitution in or on the grounds of a private residence at one (1) time.
F.
Penalties.
1.
A person who possesses not more than twice the amount of marijuana allowed pursuant to Missouri Constitution, Article XIV, produces not more than twice the amount of marijuana allowed pursuant to Missouri Constitution, Article XIV, delivers without receiving any consideration or remuneration to a person who is at least twenty-one (21) years of age not more than twice the amount of marijuana allowed by Missouri Constitution, Article XIV, or possesses with intent to deliver not more than twice the amount of marijuana allowed by Missouri Constitution, Article XIV:
a.
For a first violation, is subject to an ordinance violation
punishable by a fine not exceeding two hundred fifty dollars ($250.00)
and forfeiture of the marijuana.
b.
For a second violation and subsequent violations, is subject
to an ordinance violation punishable by a fine not exceeding five
hundred dollars ($500.00) and forfeiture of the marijuana.
c.
In lieu of payment, penalties under this Subsection may be satisfied
by the performance of community service. The rate of pay-down associated
with said service option will be the greater of fifteen dollars ($15.00)
or the minimum wage in effect at the time of judgment.
d.
Except as provided in Missouri Constitution, Article XIV, § 2.10(5), a person under twenty-one (21) years of age is subject to a fine not to exceed two hundred fifty dollars ($250.00) Any such person shall be provided the option of attending up to eight (8) hours of drug education or counseling in lieu of the fine.
2.
A person who cultivates marijuana plants that are visible by
normal, unaided vision from a public place is subject to a civil penalty
not exceeding two hundred fifty dollars ($250.00) and forfeiture of
the marijuana.
3.
A person who cultivates marijuana plants that are not kept in
a locked space is subject to a civil penalty not exceeding two hundred
fifty dollars ($250.00) and forfeiture of the marijuana.
[Ord. No. 2607, 1-14-2023]
A.
No person shall smoke or consume marijuana in a public place. Violation
of this Section is subject to a civil penalty not exceeding one hundred
dollars ($100.00). For purposes of this Section, a public place means
any public or private property, or portion thereof, that is open to
the public, including, but not limited to, streets, sidewalks, trails,
parks, and businesses in which the public is invited or in which the
public is permitted, but does not include any area licensed for such
activity by the City.
B.
No person shall smoke marijuana in a location where smoking tobacco
is prohibited.
C.
No person shall smoke marijuana in any building owned or leased by
the City, or on any property owned or leased by the City.
[Ord. No. 2607, 1-14-2023]
No person shall possess or consume marijuana or possess marijuana
accessories on the grounds of a public or private preschool, elementary
or secondary school, institution of higher education, in a school
bus, or on the grounds of any correctional facility.
[Ord. No. 2607, 1-14-2023]
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 as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV of the Missouri Constitution.
[Ord. No. 2286 §I, 4-23-2013]
A.
PERSON
SYNTHETIC CANNABINOID
As
used in this Section, the terms are defined as follows:
A person, any form of corporation or business entity, partnership,
wholesaler or retailer.
As defined in Section 195.010, RSMo., and shall specifically
include "Spice" and "K-2."
B.
It
shall be unlawful for any person within the City to possess, distribute,
deliver, sell, offer for sale, publicly display for sale, or attempt
to distribute, deliver or sell any synthetic cannabinoid.
C.
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.
[1]
Note — Under State law, this offense is a
Class A misdemeanor with respect to any person found guilty of possessing
or having control of not more than thirty-five (35) grams. Under State
law, this offense is a Class C felony with respect to any person found
guilty of possessing or having under his/her control more than thirty-five
(35) grams. (Section 579.015, 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.
[Ord. No. 2607, 1-14-2023]
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., except as authorized by Article XIV of the Missouri Constitution.
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 215.1840 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.
B.
Any person who violates any provision of Sections 210.1840 through
210.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
