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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[R.O. 1997 §215.565; Ord. No. 1692 §1, 7-9-2012]
A.
ILLEGAL SMOKING PRODUCT
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PERSON
Definitions. For the purpose of this Section, the terms
are defined as follows:
Any substance, whether described as K2, K3, tobacco, herbs,
incense, spice, or any blend thereof, regardless of whether the substance
is marked for the purpose of being smoked, which includes any one
(1) or more of the following chemicals:
2-[(1R,38)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-y1)phenol
and homologues;
(6aS,10aS)-9-(hydroxmethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10a-tetrahydroben
zo[c]chromen-1-ol) (also known as "HU-211" or "Dexanabinol");
(1-(1,3-benzodioxol-5-y1)-2-(1-pyrrolidiny1)-1-pentanone, commonly
known as "bath salts";
4-methyl-alpha-pyrrolidinobutiophenone, or MPBP (Sections 195.010
and 195.017, RSMo.);
Synthetic cannabinoids which include 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, the synthetic cannabinoids specifically listed in
Section 195.017, RSMo., and any analogues, homologues, isomers, esters,
ethers, and salts. These include the compounds commonly found in K3.
However, synthetic cannabinoids will not include any approved pharmaceutical
authorized by the United States Food and Drug Administration;
Any product containing a synthetic cannabinoid, stimulant or
psychedelic/hallucinogen as those terms are defined herein such as,
but not limited to, the examples of brand names or identifiers listed
on Exhibit "A," which is on file in the City offices and incorporated
herein;
Any synthetic cannabinoid, including a laboratory-created compound
that functions similar to the active ingredient in marijuana, tetrahydrocannabinol
(THC), including, but not limited to, raw quantity of a natural or
synthetic material, compound, mixture, preparation, substance and
their analog (including isomers, esters, ethers, salts, and salts
of isomers) containing a cannabinoid receptor agonist, such as:
J1WH-007 (1-penty 1-2-methyl-3-(1-naphthoyl)indole)
7W11-015 ((2-Methyl-l-propy1-1H-indol-3-y1)-1-napthalenylmethanone)
JWH-018 (1-pentyl-3-(1-naphthoyl)indole).
JWH-019 (1-hexy 1-3-(naphthalen-l-oyl)indole)
JWH-073 (naphthalen-l-y1-(1-butylindol-3-yl)methanone)
JWH-073 (1-buty1-3(1-naphthoyl)indole)
JWH-081 (4-methoxynaphthalen-1-yl-(1-pentylindo1-3-yl)methanone).
JWH-098 (4-methoxynaphthalen-l-y1-(1-penty1-2-methylindol-3-yl)meth-
anone).
JWH-122 (1-penty1-3-(4-methyl-1-naphthoyl)indole).
JWH-164 (7-methoxynaphthalen-l-y1-(1-pentylindol-3-yl)methanone).
JWH-200 (1-(2-morpholin-4-ylethyl)indo1-3-y1)-naphthalen-1-ylmethanone).
JWH-203 (2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)methanone).
JWH-210 (4-ethylnaphthalen-1-y1-(1-pentylindol-3-yl)methanone).
JWH-250 (1-penty1-3-(2-methoxyphenylacetyl)indole).
JWH-251 (1-penty1-3-(2-methylphenylacetyl)indole).
JWH-398 (1-penty1-3-(4-chloro-1-naphthoyl)indole).
HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethy1-3-(2-methyloctan-2-y1)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol).
HLJ-211 ((6aS, 10aS)-9-(Hydroxymethyl)-6,6-dimethy1-3-(2-meth-yloctan2-y1)-6a, 7, 10, 10a-tetrahydrobenzo [c]chromen-1-ol).
HU-308 ([(1R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7,7-dimethy1-4-bicyclo
[3.1.1]hept-3-enyl]methanol).
HU-331 ((3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-l-y1]5-penty1-2,5-cyclohexadiene-1,4-dione).
CP55,940 (2-[(1R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]-5-(2-methyloctan-2-y1)phenol).
CP 47,497 (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2y1)phenol)
and its homologues.
WIN 55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4-mopholinylmethyl)
pyrrolo[1,2,3-de)-1,4-benzoxazin-6-y1]-1-nepthalenymethanone).
RCS-4 ((4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone).
RCS-8 (1-(1-(2-cyclohexylethyl)-1H-indol-3-y1)-2-(2-methoxyphenyl)
etha- none).
Any compound that mimics the effects of any Federally controlled
Schedule I substance such as cathinone, methcathinone, MDMA and MDEA,
including, but not limited to, any quantity of a natural or synthetic
material, compound, mixture, preparation, substance and their analog
(including salts, isomers, and salts of isomers) containing substances
which have a stimulant effect on the central nervous system, such
as:
3-Flouoromethcathinone.
4-Fluoromethcathinone (other name: flephedrone).
3,4-Methylenedioxymethcathinone (other name: methylone, MDMC).
3,4-Methylenedioxyprovalerone, methylenedioxyprovalerone (other
name: MDPV).
4-Methylmethcathinon, 4-methylmethcathinone (other names: mephedrone,
4-MMC).
4-Methoxymethcathinone (other names: methedrone, bk-PMMA, PMMC).
4-Ethylmethcathinone (other name: 4-EMC).
Ethcathinone.
Beta-keto-N-methylbenzodioxyolylpropylamine (other names: butylone,
bk-MBDB).
Napthylpyrovalerone (other names: naphyrone, NRG-I).
N,N-dimethylcathinone (other name: metamfepramone).
Alpha-pyrrolidinopropiophenone (other names: alpha-PPP).
4-methoxy-aipha-pyrrolidinopropiophenone (other name: MOPPP).
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name:
MDPPP).
Alpha-pyrrolidinovalerophenone (other name: alpha-P VP).
6,7-kihydro-5H-indeno(5,6-d)-1,3-dioxa1-6-amine) (other name:
MDAI).
Any compound that is structurally derived from 2-amino-1-phenyl-1-propanone
by modification or substitution in any of the following ways:
In the phenyl ring to any extent with alkyl, alkoxy, alkylenedioxy,
haloalky, or halide substituents, whether or not further substituted
in the phenyl ring by one (1) or more other univalent substituents;
At the 3-position with an alkyl substituent;
At the nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl
groups;
Or by inclusion of the nitrogen atom in a cyclic structure.
Any compound that mimics the effects of any Federally controlled
Schedule I substance, including, but not limited to, any quantity
of a natural or synthetic material, compound, mixture, preparation,
substance and their analog (including salts, isomers, esters, ethers
and salts of isomers) containing substances which have a psychedelic/hallucinogenic
effect on the central nervous system and/or brain, such as:
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine(2C-E);
2-(2,5-dimethoxy-4-methylphenyl)ethanamine (2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I)
2-(4-(Ethylthio)-2,5-dimethoxypheny)ethnamine (2C-T-2);
2-(4-(Isopmpylthio)-2,5-dimethoxyphenyl)ethanamine (2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
2-(2,5- Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
An individual, corporation, partnership, wholesaler, retailer
or any licensed or unlicensed business.
B.
It shall be unlawful for any person within the City of Cassville
to distribute, deliver, sell, offer for sale, publicly display for
sale, or attempt to distribute, deliver or sell any illegal smoking
product.
C.
It shall be unlawful for any person to knowingly possess or have
under his or her control any illegal smoking product.
D.
Any person who violates the provisions of this Section shall be punished
by a fine of not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500.00) or imprisonment for not more than ninety
(90) days, or by both such fine and imprisonment.
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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
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.
Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, 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.
A.
DRUG MASKING PRODUCT
SYNTHETIC URINE
For
purposes of this Section, the following terms mean:
Synthetic urine, human urine, a substance designated to be
added to human urine, or a substance designated to be added to or
used on human hair or oral fluid for the purpose of defrauding an
alcohol or a drug screening test.
A substance that is designated to simulate the composition,
chemical properties, physical appearance, or physical properties of
human urine.
B.
A
person commits the offense of unlawful distribution, delivery, or
sale of a drug masking product if the person unlawfully distributes,
delivers, or sells a drug masking product.
[R.O. 1997 §342.040; Ord. No. 1400 §1, 3-3-2003]
A.
ADULT
ALCOHOLIC BEVERAGE
CONTROL
DRUG
MINOR
OPEN HOUSE PARTY
RESIDENCE or PREMISES
Definitions. As used in this Section, the following
terms shall have the following definitions:
A person seventeen (17) years of age or older.
Any alcoholic liquor as defined now and hereinafter by Section
311.020, RSMo.
Any form of authority, regulation, responsibility or dominion,
including a possessor's right.
A controlled substance as defined and described now and hereafter
by Sections 195.005 to 195.425, RSMo.
A person legally prohibited by reason of age to possess,
consume or purchase alcoholic liquor as described now or hereafter
by the Revised Statutes of Missouri.
A social gathering at a residence or premises of persons
in addition to the owner of those with rights to possession of their
immediate family members.
A motel room, hotel room, home, apartment, condominium or
other dwelling unit, including the curtilage of a dwelling unit or
a hall, meeting room or other place of assembly, whether occupied
as a dwelling or specifically for social functions and whether owned,
leased, rented or used with or without permission.
B.
Prohibited Activities. No adult who owns, rents
or subleases any residence or premises shall allow an open house party
to take place at the residence or premises if any alcoholic beverages
or drugs are possessed or consumed at the residence or premises by
a minor where the adult knows or reasonably should have known that
any alcoholic beverage or drug was in the possession or being consumed
by a minor at the residence or premises and where the adult failed
to take reasonable steps to prevent the possession or consumption
of the alcoholic beverage or drug at the residence or premises. These
provisions shall not apply to:
C.
Penalty. Any person violating any provision of this
Section shall be guilty of an ordinance violation and, upon conviction
thereof, shall be punished by a fine of not more than five hundred
dollars ($500.00) or by imprisonment for not more than ninety (90)
days, or by both such fine and imprisonment.