A person commits the offense of possession of marijuana or any
synthetic cannabinoid, as both terms are defined in Section 195.010,
RSMo., if he or she knowingly possesses marijuana or any synthetic
cannabinoid, except as authorized by Chapter 579 or Chapter 195, RSMo.[2]
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]
[Ord. No. 660 §1, 7-10-2013]
A.
Except as authorized by Chapter 195 or 579, RSMo., it is unlawful
for any person to have in his/her possession, custody or control,
or to sell, distribute, offer for sale, give or offer to give, to
any other person, any controlled substance, controlled substance analogue,
counterfeit substance, imitation controlled substance and/or synthetic
cannabinoid as those terms are defined by Section 195.010, RSMo.
NOTE—Under certain circumstances this offense can be a
felony under State law.
B.
If Congress, a Federal agency, the Missouri General Assembly or Missouri
agency with such authority amends the Federal or State definitions
of controlled substance, controlled substance analogue, counterfeit
substance, imitation controlled substance and/or synthetic cannabinoid,
to include additional substances, then upon the effective date of
the inclusion of any such additional substance, such substances shall
be included within the prohibitions set forth in this Chapter.
C.
In addition to all other penalties authorized under the City's Code
of Ordinances, the City shall have the authority to seek an injunction
against any person or business violating the provisions of this Chapter.
In any action seeking an injunction, the City shall be entitled to
collect its enforcement expenses, including forensic costs, law enforcement
costs and its reasonable attorneys' fees and costs incurred.
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.
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 210.1840 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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 633 §1, 2-9-2011]
A.
MDPV
1.
2.
3.
4.
5.
6.
PERSON
POSSESSED or POSSESSING
SYNTHETIC CANNABINOID
1.
2.
3.
4.
Definitions. As used in this Section, the following terms shall have these prescribed
meanings:
Any substance containing:
3.4-Methylenedioxyprovalerone;
Methylone;
Mephedrone;
4-methoxymethcathinone;
4-Fluoromethcathinone; or
3-Fluoromethcathinone;
|
regardless of whether the substance is marketed as bath salts
or otherwise.
|
|
MDPV is commonly known by a number of names including, but not
limited to, White Rush, Cloud 9, Ivory Wave, Ocean, Charge, Plus,
White Lightening, Scarface, Hurricane Charlie, Red Dove or White Dove.
|
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
Is defined as a person, with the knowledge of the presence
and nature of the synthetic cannabinoid or MDPV, as same terms are
defined herein, has actual constructive possession of a synthetic
cannabinoid or MDPV or similar 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 a synthetic cannabinoid or MDPV, 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 synthetic cannabinoid or MDPV, possession is sole.
If two (2) or more persons have possession of the synthetic cannabinoid
or MDPV, possession is joint.
Any substance whether described as tobacco, herbs, incense,
"Spice", "K2" or any blend thereof which includes any one (1) or more
of the following chemicals:
2-[(1R,3 S)-3-hydroxycyclohexyl]-5-(20methyloctan-2-yl)phenol
(also known as CP47,497) and homologues;
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,
7,10,10a-tetrahydro-benzo [c]chromen-l-ol)(also known as HY-211 or
Dexanabinol);
1-Pentyl-3-(1-naphthoyl)indole (also known as Jwh-018); or
Butyl-3-(l-naphthoyl)indole (also known as JWH-073);
|
regardless of whether the substance is marketed for the purpose
of being smoked.
|
B.
Unlawful To Sell, Offer, Gift Or Display. It shall be unlawful
for any person to sell, lend, rent, lease, give, exchange, or otherwise
distribute to any person any product containing MDPV or a synthetic
cannabinoid or to display for sale or possess with an intent to distribute
said products containing MDPV or synthetic cannabinoid.
C.
Possession Unlawful. It is unlawful for any person to knowingly
possess any product containing MDPV or a synthetic cannabinoid.
[Ord. No. 635 §1, 6-8-2011]
A.
It
shall be unlawful for any person to drink or possess any alcoholic
beverages in or upon any public property within the City limits of
Velda City, Missouri, except as otherwise provided in this Section.
B.
Drinking
or possession of any alcoholic beverage in or upon public property
is permitted only by permit from the Board of Aldermen.
C.
Every
person violating the provisions of this Section shall be guilty of
a misdemeanor and shall be fined not less than five dollars ($5.00)
nor more than one thousand dollars ($1,000.00).