City of Pevely, MO Article XI Offenses Concerning Alcohol and Drugs

Section 210.520 Possession of Marijuana. [1]

Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control marijuana as defined in Section 195.010, RSMo.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 210.530 Possession or Control of a Controlled Substance. [1]

Except as authorized by Sections 195.005 to 195.425, RSMo., it is unlawful for any person to possess or have under his/her control a controlled substance as defined by Section 195.010, RSMo.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 210.532 Regulating Sale of Ephedrine and Pseudoephedrine Related Products within Municipal Boundaries of City.

[Ord. No. 1284[1] §2, 8-6-2012]

A. Definitions. For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Subsection:

EPHEDRINE

All forms of ephedrine, ephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals; and shall include any drug or food product containing ephedrine, its salts, optical isomers and salts of optical isomers or pseudoephedrine, its salts, optical isomers and salts or optical isomers designed or marketed for stimulation, mental alertness, weight loss, appetite control, energy, cold or allergy relief or other indications not approved pursuant to the pertinent Federal over-the-counter drug final monograph or tentative final monograph or approved new drug application.

METHAMPHETAMINE PRECURSOR DRUG

Any drug or substance as described in this Section of this Chapter.

PERSON

Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity.

PSEUDOEPHEDRINE

All forms of pseudoephedrine, pseudoephedrine hydrochloride and all combinations of these chemicals and any methamphetamine precursor drug containing these chemicals.

SELL

To knowingly furnish, give away, exchange, transfer, deliver, surrender, or supply, whether for monetary gain or not.

B. Prohibition On The Sale Of Methamphetamine Precursor Drugs. It shall be illegal for any person to sell, deliver or distribute ephedrine, pseudoephedrine or any other methamphetamine precursor drugs except as set forth in the specific exceptions contained in this Section.

C. Exceptions. The prohibition as set forth above in Subsection (B) shall not apply in the following circumstances:

1. Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be sold by a Missouri licensed pharmacist after being authorized to do so by a written prescription from a physician or other health care professional licensed by the State of Missouri to write prescriptions and filled by a Missouri licensed pharmacist.

2. Ephedrine, pseudoephedrine or other methamphetamine precursor drugs may be distributed by an authorized licensed physician within the physician's office, clinic, nursing home or other licensed health care facility.

3. This section regulating ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall not apply to the sale of animal feed containing ephedrine or dietary supplement products containing naturally occurring or herbal ephedra or extracts of herbal ephedra.

D. Prima Facie Evidence. It shall be prima facie proof that a substance is regulated by this Section if the substance is contained in its original packaging and is labeled as containing ephedrine, pseudoephedrine or other methamphetamine precursor drugs.

E. Reporting Theft Or Shortages Of Methamphetamine Precursor Drugs.

1. All thefts, shortages, disappearances, miscounts or other losses of ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall be reported to the Police Department of the City of Pevely within twenty-four (24) hours of discovery.

2. Any person selling ephedrine, pseudoephedrine or other methamphetamine precursor drugs shall report any difference between the quantity of the aforementioned drugs shipped and the quantity received to the Police Department of the City of Pevely within twenty-four (24) hours of discovery.

F. Injunctive Relief. The City and its employees, representatives or agents may seek injunctive relief against any person who is in violation of this Section.

G. Penalty. Violations of this Section shall constitute a misdemeanor per offense, punishable by imprisonment of not more than one hundred eighty (180) days in jail, a fine not exceeding five hundred dollars ($500.00), or both by imprisonment and fine.

[1] Editor's Note: This ordinance also repealed former Section 210.532, Limit on Sale or Dispensing of Certain Drugs, Exceptions - Certain Products To Be Located Behind Pharmacy Counter.

Section 210.535 (Reserved) [1]

[1] Editor’s Note: Former Section 210.535, Limitations on the Retail Sale of Methamphetamine Precursor Drugs, was repealed 8-6-2012 by §1 of Ord. No. 1284.

Section 210.540 Unlawful Use of Drug Paraphernalia. [1]

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.

[1] Note — Under certain circumstances this offense can be a felony under state law.

Section 210.550 Inhalation or Inducing Others to Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, 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.

Section 210.560 Inducing, or Possession With Intent to Induce, Symptoms by Use of Solvents, Prohibited.

A. 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 of any solvent, particularly toluol.

B. No person shall intentionally possess any solvent, particularly toluol, for the purpose of using it in the manner prohibited by Section 210.550 and this Section.

Section 210.570 Possession or Purchase of Solvents to Aid Others in Violations, Prohibited — Violations of Sections 210.550 to 210.560 — Penalty.

A. No person shall intentionally possess or buy any solvent, particularly toluol, 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 210.550 — 210.570 is guilty of an ordinance violation.

Section 210.571 Sale or Possession of Certain Chemical Substances and Compounds.

[Ord. No. 1255 §1, 5-2-2011; Ord. No. 1283 §§1 — 2, 6-4-2012]

A. It is unlawful for any person, corporation, organization or other entity, knowing, or under circumstances where one reasonably should know, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person, corporation, organization, or other entity, any product containing 3.4 Methylenedioxyprovalerone (MDPV), Methylone, Mephedrone, 4- Methoxymetheathinone, 4- Fluoromethcathinone, 3 Fluoro- methcathinone, 1-Pentyl-3-(1-Naphthoyl)indole (JWH-200), 1-Butyl-3-(Naphthoyl)indole (JWH-073), 1-[2-(4-Morpholinyl)ethyl]-3-(1-Naphthoy)indole (JWH-200), 5-(,1-Dim- ethyl-hepty1)-2-[(1R, 3S)-3-Hydroxycyclohexyl]-phenol (CP-47, 497) and 5-(1, 1-Dimethyloctyl)-2-[(1R,3s)-3-Hydroxycylohexyl]-phenol (Cannabicyclohexanol;CP-47, 497 C8 Homologue) and 3 Synthetic cathinones; ("MDPV") or to display for sale or possess with an intent to distribute said substance(s) or products containing same.

B. It is unlawful to use or possess with the intent to use MDPV or otherwise introduce into the human body any products containing any of the substances identified in Subsection (A) of this Section 210.571.

C. Any person who violates any provision of this Section 210.571 is guilty of an ordinance violation, punishable pursuant to Section 100.220 of this Code.