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City of Bowling Green, MO
Pike County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former Section 215.1800, Possession of Marijuana or Synthetic Cannabinoid, was repealed 8-21-2023 by Ord. No. 1984. See Chapter 640, Marijuana.
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., or Chapter 195, RSMo.[2]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 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.
B. 
The penalty for a knowing violation of Subsection (A) of this Section is found in Section 569.060, RSMo.
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.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
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.
A. 
It shall be unlawful for any person to possess within the City of Bowling Green, Missouri, a beer or liquor container with the seal thereof opened on any public street, parking lot, sidewalk or alley, except as authorized by the Board of Aldermen. It shall also be unlawful for any person to transport an open beer or liquor container if said container is found to be open (that is, the seal broken and available for ready consumption) within a vehicle which that person has under his/her control or in which that person is a passenger, unless same shall be locked in a compartment inaccessible to the occupants of said vehicle. The terms "beer" and "intoxicating liquor" shall have the meanings defined hereafter:
1. 
INTOXICATING LIQUOR: Alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented, and all preparations or mixtures for beverage purposes, containing in excess of one-half of one percent (0.5%) by volume except for non-intoxicating beer as defined in Section 312.010, RSMo. All beverages having an alcoholic content of less than one-half of one percent (0.5%) by volume shall be exempt from the provisions of this Article, but subject to inspection as provided by Sections 196.365 to 196.445, RSMo.
2. 
BEER: Any beer manufactured from pure hops or pure extract of hops and pure barley malt or wholesome grains or cereals and wholesome yeast and pure water and free from any harmful substances, preservatives and adulterants and having an alcoholic content of more than one-half of one percent (0.5%) by volume.
A. 
For the purposes of this Section, the following terms have the following meanings:
ILLEGAL SMOKING PRODUCT
Any substance, whether described as tobacco, herbs, incense, spice or any blend thereof regardless of whether the substance is marketed for the purpose of being smoked, which includes any one (1) or more of the following chemicals: 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol) where side chain n-5, and homologues where side chain n-4,6, or 7; (6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2- methyloctan-2-y1)-6a,7,10, 10a-tetra- hydrobenzo[c]chromen-l-ol) (also known as HU-211 or Dexanabinol); 1-penty1-3(1-naphthoyl)indole (also known as JWH-018); or 4.1-butyl-3 (1-naphthoypl)indole (also known as JWI-073).
PERSON
An individual, corporation, partnership, wholesaler, retailer or any licensed or unlicensed business.
B. 
It shall be unlawful for any person to sell, offer to sell, gift or publicly display for sale any illegal smoking product.
C. 
It is unlawful for any person to knowingly possess any illegal smoking product.
D. 
Any person violating Subsection (B) or (C) of this Section shall upon a plea of guilty or a finding of guilt be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment. A separate offense shall be deemed committed for each sale, offer to sell, gift or public display for sale.
A. 
It is unlawful for any person or corporation knowing, or under circumstances where one reasonably should know to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person or corporation any product containing MDPV or to display for sale or possess with an intent to distribute said products containing MDPV.
B. 
It is also unlawful to use or possess with the intent to use MDPV or otherwise introduce into the human body 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 thirty (30) days, with each day of violation constituting a separate offense.