[R.O. 2004 § 210.513; Ord. No.
102 § 1(75.600), 11-13-2000; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A.
The
definitions as set forth in Sections 195.010 and 195.025, Subsection
(2), RSMo., 1986, as amended, are herein adopted in their entirety
and are herein incorporated verbatim.
B.
Penalties.
1.
The penalty for violation of any provision of this Article shall be as set forth in Section 100.220 of this Code.
2.
Pursuant to Sections 221.070 and 79.470, RSMo., every person committed
to the County or City Jail or the City workhouse shall be responsible
for payment of their confinement costs in addition to the payment
of any fines. Payment of costs may be collected by forfeiture of property
as prescribed by State law.
3.
The court, upon recommendation of the City Prosecutor, may suspend
the imposition of sentence in favor of an alternative penalty agreement
agreed to by the prosecutor and the defendant.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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]
[R.O. 2004 § 210.530; Ord. No.
232, 2-10-2014; Ord. No. 352, 1-8-2018]
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, controlled substance analogue, counterfeit
substance, imitation controlled substance or synthetic cannabinoids
as those terms are defined by Section 195.010, RSMo.
[R.O. 2004 § 210.532; Ord. No.
319, 12-12-2016; Ord. No. 352, 1-8-2018]
A.
The
limits specified in this Section shall not apply to any quantity of
such product, mixture, or preparation which must be dispensed, sold,
or distributed in a pharmacy pursuant to a valid prescription.
B.
Within
any thirty-day period, no person shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, either as: a) the sole
active ingredient; or b) one (1) of the active ingredients of a combination
drug; or c) a combination of any of the products specified in items
a) and b) of this Subsection; in any total amount greater than nine
(9) grams, without regard to the number of transactions.
C.
Within
any twenty-four-hour period, no pharmacist, intern pharmacist, or
registered pharmacy technician shall sell, dispense, or otherwise
provide to the same individual, and no person shall purchase, receive,
or otherwise acquire more than the following amount: any number of
packages of any drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their salts or
optical isomers, or salts of optical isomers, either as: a) the sole
active ingredient; or b) one (1) of the active ingredients of a combination
drug; or c) a combination of any of the products specified in items
a) and b) of this Subsection; in any total amount greater than three
and six-tenths (3.6) grams without regard to the number of transactions.
D.
All
packages of any compound, mixture, or preparation containing any detectable
quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or
any of their salts or optical isomers, or salts of optical isomers,
except those that are excluded from Schedule V in Subsection 17 or
18 of Section 195.017, RSMo., shall be offered for sale only from
behind a pharmacy counter where the public is not permitted, and only
by a registered pharmacist or registered pharmacy technician under
Section 195.017, RSMo.
E.
Each
pharmacy shall submit information regarding sales of any compound,
mixture, or preparation as specified in this Section in accordance
with transmission methods and frequency established by the Department
by regulation.
F.
This
Section shall not apply to the sale of any animal feed products containing
ephedrine or any naturally occurring or herbal ephedra or extract
of ephedra.
G.
All
logs, records, documents, and electronic information maintained for
the dispensing of these products shall be open for inspection and
copying by Municipal, County, and State or Federal Law Enforcement
Officers whose duty it is to enforce the controlled substances laws
of this State or the United States.
H.
All
persons who dispense or offer for sale pseudoephedrine and ephedrine
products, except those that are excluded from Schedule V in Subsection
17 or 18 of Section 195.017, RSMo., shall ensure that all such products
are located only behind a pharmacy counter where the public is not
permitted.
I.
The
penalty for a knowing or reckless violation of this Section is found
in Section 579.060, RSMo.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[R.O. 2004 § 210.545; Ord. No.
102 § 1(75.610), 11-13-2000; Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
A.
It
is unlawful for any person to place in any newspaper, magazine, handbill
or other publication any advertisement knowing, or under the circumstances
where one should reasonably know, that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia or the sale of imitation controlled
substances.
B.
It
is unlawful for any person to use or to possess with intent to use
an imitation controlled substance in violation of Chapters 195 and
579, RSMo.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 211.1840 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.
[Ord. No. 319, 12-12-2016; Ord. No. 352, 1-8-2018]
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 211.1840 and 211.1850 hereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
