[Ord. No. 17-01 § 1, 1-23-2017]
As used in this Article:
Pain, whether resulting from disease, accidental or intentional
trauma, or other causes, that the practitioner reasonably expects
to last only a short period of time. "Acute pain" shall not include
chronic pain, pain being treated as part of cancer care, hospice or
other end of life care, or medication-assisted treatment for substance
use disorders.
[Ord. No. 19-04, 2-11-2019]
To apply a controlled substance, whether by injection, inhalation,
ingestion, or any other means, directly to the body of a patient or
research subject by:
An authorized person who acts on behalf of or at the direction
of a manufacturer, distributor, or dispenser. The term does not include
a common or contract carrier, public warehouseman, or employee of
the carrier or warehouseman while acting in the usual and lawful course
of the carrier's or warehouseman's business.
A drug, substance or immediate precursor which is listed
in Schedules I through V of Chapter 195, RSMo.
A substance the chemical structure of which is substantially
similar to the chemical structure of a controlled substance in Schedule
I or II of Chapter 195, RSMo., and:
Which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system substantially similar to the stimulant,
depressant, or hallucinogenic effect on the central nervous system
of a controlled substance included in Schedule I or II; or
With respect to a particular individual, which that individual
represents or intends to have a stimulant, depressant, or hallucinogenic
effect on the central nervous system substantially similar to the
stimulant, depressant, or hallucinogenic effect on the central nervous
system of a controlled substance included in Schedule I or II. The
term does not include a controlled substance; any substance for which
there is an approved new drug application; any substance for which
an exemption is in effect for investigational use, for a particular
person, under Section 505 of the Federal Food, Drug and Cosmetic Act
(21 U.S.C. § 355) to the extent conduct with respect to
the substance is pursuant to the exemption; or any substance to the
extent not intended for human consumption before such an exemption
takes effect with respect to the substance.
A controlled substance which, or the container or labeling
of which, without authorization, bears the trademark, trade name,
or other identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other than the
person who in fact manufactured, distributed, or dispensed the substance.
The actual, constructive, or attempted transfer from one
(1) person to another of drug paraphernalia or of a controlled substance,
or an imitation controlled substance, whether or not there is an agency
relationship, and includes a sale.
A person authorized by law to practice dentistry in this
State.
A drug containing any quantity of barbituric acid or any of
the salts of barbituric acid or any derivative of barbituric acid
which has been designated by the Unites States Secretary of Health
and Human Services as habit forming under 21 U.S.C. § 352(d);
A drug containing any quantity of:
Amphetamine or any of its isomers;
Any salt of amphetamine or any salt of an isomer of amphetamine;
or
Any substance the United States Attorney General, after investigation,
has found to be, any by regulation designated as, habit forming because
of its stimulant effect on the central nervous system;
Lysergic acid diethylamide; or
Any drug containing any quantity of a substance that the United
States Attorney General, after investigation, has found to have, and
by regulation designated as having, a potential for abuse because
of its depressant or stimulant effect on the central nervous system
or its hallucinogenic effect.
To deliver a narcotic or controlled dangerous drug to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner including the prescribing, administering, packaging,
labeling, or compounding necessary to prepare the substance for such
delivery. "Dispenser" means a practitioner who dispenses.
To deliver other than by administering or dispensing a controlled
substance.
A person who distributes.
Substances recognized as drugs in the official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States,
or Official National Formulary, or any supplement to any of them;
Substances intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease in humans or animals;
Substances, other than food, intended to affect the structure
or any function of the body of humans or animals; and
Substances intended for use as a component of any article specified
in this definition. It does not include devices or their components,
parts, or accessories.
All equipment, products and materials of any kind which are
used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance or an imitation controlled substance
in violation of this Article or Chapter 195 or 579, RSMo. The term
includes, but is not limited to:
Kits used, intended for use, or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances or imitation controlled substances.
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance or an imitation controlled substance.
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances or imitation controlled substances.
Scales and balances used, intended for use, or designed for
use in weighing or measuring controlled substances or imitation controlled
substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances or imitation controlled substances.
Separation gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances
or imitation controlled substances.
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances or imitation controlled substances.
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances or imitation
controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances or imitation controlled substances into the human body.
Objects used, intended for use, or designed for use in ingesting,
inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips meaning objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to
be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
Substances used, intended for use, or designed for use in the
manufacture of a controlled substance.
In determining whether an object, product, substance or material
is drug paraphernalia, a court or other authority should consider,
in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use;
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any controlled
substance or imitation controlled substance;
The proximity of the object, in time and space, to a direct
violation of this Article or of any corresponding Federal, State or
local law;
The proximity of the object to controlled substances or imitation
controlled substances;
The existence of any residue of controlled substances or imitation
controlled substances on the object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons who
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this Article or of any corresponding
Federal or State law; the innocence of an owner, or of anyone in control
of the object, as to direct violation of this article or any corresponding
Federal or State law shall not prevent a finding that the object is
intended for use, or designed for use as drug paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
National or local advertising concerning its use;
The manner in which the object is displayed for sale;
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products;
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its use;
The quantity, form or packaging of the product, substance or
material in relation to the quantity, form or packaging associated
with any legitimate use for the product, substance or material.
A place or institution devoted primarily to the maintenance
and operation of facilities for the diagnosis, treatment or care,
for not less than twenty-four (24) hours in any week, of three (3)
or more non-related individuals suffering from illness, disease, injury,
deformity or other abnormal physical conditions; or a place devoted
primarily to provide, for not less than twenty-four (24) consecutive
hours in any week, medical or nursing care for three (3) or more non-related
individuals. The term "hospital" does not include convalescent, nursing,
shelter or boarding homes as defined in Chapter 198, RSMo.
[Ord. No. 19-04, 2-11-2019]
All non-seed parts and varieties of the Cannabis Sativa L. plant,
growing or not, that contain an average delta-9 tetrahydrocannabinol
(THC) concentration exceeding three-tenths of one percent (3/10 of
1%) on a dry weight basis.
Illegal industrial hemp shall be destroyed in the most effective
manner possible, and such destruction shall be verified by the Missouri
State Highway Patrol.
A substance that is not a controlled substance, which by dosage
unit appearance (including color, shape, size and markings), or by
representations made, would lead a reasonable person to believe that
the substance is a controlled substance. In determining whether the
substance is an "imitation controlled substance" the court or authority
concerned should consider, in addition to all other logically relevant
factors, the following:
Whether the substance was approved by the Federal Food and Drug
Administration for over-the-counter (non-prescription or non-legend)
sales and was sold in the Federal Food and Drug Administration approved
package, with the Federal Food and Drug Administration approved labeling
information.
Statements made by an owner or by anyone else in control of
the substance concerning the nature of the substance, or its use or
effect.
Whether the substance is packaged in a manner normally used
for illicit controlled substances.
Prior convictions, if any, of an owner, or anyone in control
of the object, under state or federal law related to controlled substances
or fraud.
The proximity of the substances to controlled substances.
Whether the consideration tendered in exchange for the non-controlled
substance substantially exceeds the reasonable value of the substance
considering the actual chemical composition of the substance and,
where applicable, the price at which over-the-counter substances of
like chemical composition sell.
An imitation controlled substance does not include a placebo
or registered investigational drug either of which was manufactured,
distributed, possessed or delivered in the ordinary course of professional
practice or research.
A substance which:
The State Department of Health and Senior Services has found
to be, and by rule designates as being, the principal compound commonly
used or produced primarily for use in the manufacture of a controlled
substance;
Is an immediate chemical intermediary used or likely to be used
in the manufacture of a controlled substance; and
The control of which is necessary to prevent, curtail or limit
the manufacture of the controlled substance.
[Ord. No. 19-04, 2-11-2019]
All non-seed parts and varieties of the Cannabis Sativa L. plant,
growing or not, that contain an average delta-9 tetrahydrocannabinol
(THC) concentration that does not exceed three-tenths of one percent
(3/10 of 1%) on a dry weight basis or the maximum concentration allowed
under Federal law, whichever is greater.
Any Cannabis Saliva L, seed that is part of a growing crop,
retained by a grower for future planting, or used for processing into
or use as agricultural hemp seed.
Industrial hemp includes industrial hemp commodities and products
and topical or ingestible animal and consumer products derived from
industrial hemp with a delta-9 tetrahydrocannabinol concentration
of not more than three-tenths of one percent (3/10 of 1%) on a dry
weight basis.
A prescription issued to a patient who has never previously
been issued a prescription for the drug or its pharmaceutical equivalent
or who was previously issued a prescription for the drug or its pharmaceutical
equivalent, but the date on which the current prescription is being
issued is more than five (5) months after the date the patient last
used or was administered the drug or its equivalent.
[Ord. No. 19-04, 2-11-2019]
A laboratory approved by the Department of Health and Senior
Services as proper to be entrusted with the custody of controlled
substances but does not include a pharmacist who compounds controlled
substances to be sold or dispensed on prescriptions.
The production, preparation, propagation, compounding or processing
of drug paraphernalia or of a controlled substance, or an imitation
controlled substance, either directly or by extraction from substances
of natural origin, or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis, and includes
any packaging or repackaging of the substance or labeling or relabeling
of its container.
This term does not include the preparation or compounding of
a controlled substance or an imitation controlled substance or the
preparation, compounding, packaging or labeling of a narcotic or dangerous
drug:
By a practitioner as an incident to his or her administering
or dispensing of a controlled substance or an imitation controlled
substance in the course of his or her professional practice, or
By a practitioner or his or her authorized agent under his or
her supervision, for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale.
All parts of the plant genus Cannabis in any species or form
thereof, including, but not limited to Cannabis Sativa L., except
industrial hemp, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis,
and Cannabis Gigantea, whether growing or not, the seeds thereof,
the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant,
its seeds or resin. It does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable
of germination.
[Ord. No. 19-04, 2-11-2019]
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine,
or any of their salts, optical isomers, or salts of optical isomers.
Any of the following, whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of extraction
and chemical analysis:
Opium and opiate, and any derivative, of opium or opiate, including
their isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of the isomers, esters, ethers,
and salts is possible within the specific chemical designation. The
term does not include the isoquinoline alkaloids of opium;
Coca leaves, but not including extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or their salts
have been removed;
Cocaine or any salt, isomer, or salt of isomer thereof;
Ecgonine, or any derivative, salt, isomer, or salt of isomer
thereof;
Any substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into
a drug having addiction-forming or addiction-sustaining liability.
The term includes its racemic and levorotatory forms. It does not
include, unless specifically controlled under Section 195.017, the
dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts
dextromethorphan).
[Ord. No. 19-04, 2-11-2019]
The plant of the species Papaver somniferum L., except its
seeds.
A retail sale licensed pursuant to Chapter 144, RSMo., of
a drug other than a controlled substance.
Individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership, joint venture,
association, or any other legal or commercial entity.
All parts, except the seeds of the opium poppy, after mowing.
A person, with the knowledge of the presence and nature of
a substance, has actual or constructive possession of the substance.
A person has "actual possession" if he or she has the substance on
his or her 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 the substance
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 substance possession is sole. If
two (2) or more persons share possession of a substance, possession
is joint.
A physician, dentist, optometrist, podiatrist, veterinarian,
scientific investigator, pharmacy, hospital or other person licensed,
registered or otherwise permitted by the State of Missouri to distribute,
dispense, conduct research with respect to or administer or to use
in teaching or chemical analysis, a controlled substance in the course
of professional practice or research in this State, or a pharmacy,
hospital or other institution licensed, registered, or otherwise permitted
to distribute, dispense, conduct research with respect to or administer
a controlled substance in the course of professional practice or research.
Includes the manufacture, planting, cultivation, growing,
or harvesting of drug paraphernalia or of a controlled substance or
an imitation controlled substance.
The number assigned to each person registered under the Federal
controlled substances laws.
Includes barter, exchange, or gift, or offer therefor, and
each such transaction made by any person, whether as principal, proprietor,
agent, servant or employee.
Includes, unless specifically excepted or unless listed in
another Schedule, 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 any substance
listed in Paragraph (11) of Subdivision (4) of Subsection 2 of Section
195.017, RSMo., and any analogues; homologues; isomers, whether optical,
positional, or geometric; esters; ethers; salts; and salts of isomers,
esters, and ethers, whenever the existence of the isomers, esters,
ethers, or salts is possible within the specific chemical designation;
however, it shall not include any approved pharmaceutical authorized
by the United States Food and Drug Administration.
A person who lawfully possesses a controlled substance or
an imitation controlled substance for his or her own use or for the
use of a member of his or her household or immediate family, regardless
of whether they live in the same household, or for administering to
an animal owned by him or by a member of his or her household. For
purposes of this Article, the phrase "immediate family" means a husband,
wife, parent, child, sibling, stepparent, stepchild, stepbrother,
stepsister, grandparent, or grandchild.
A person who supplies drug paraphernalia or controlled substances
or imitation controlled substances that he himself or she herself
has not produced or prepared, on official written orders, but not
on prescriptions.
[Ord. No. 17-01 § 1, 1-23-2017]
A person commits the offense of possession of a controlled substance
if he or she knowingly possesses a controlled substance, except as
authorized by the laws of the United States or of the State of Missouri.
[Ord. No. 19-28, 11-25-2019]
A.
No person shall possess, or have under his control, any amount of
marijuana, except:
1.
A qualifying patient for their own personal use, in an amount
no greater than Missouri law allows; or
2.
A primary caregiver for a qualifying patient(s), but only when
transporting marijuana for medical use to a qualifying patient or
when accompanying a qualifying patient(s); or
3.
An owner or employee of a State-licensed medical marijuana facility
while on the premises of said facility, or when transporting to a
qualifying patient's or primary caregiver's residence or
another State-licensed medical marijuana facility.
B.
For the purpose of Sections 210.1811, 210.1812, 210.1813, 210.1814, and 210.1815, "administer," "enclosed, locked facility," "identification card," "marijuana," "marihuana," "marijuana-infused products," "medical marijuana facility," "medical use," "primary caregiver" and "qualifying patient" shall have the definitions set forth by the Department of Health and Senior Services regulating medical marijuana, 19 CSR 30-95.
[Ord. No. 19-28, 11-25-2019]
Any person in possession of marijuana for medical use shall,
immediately upon request of any Law Enforcement Officer, produce a
valid identification card issued by the Missouri Department of Health
and Senior Services, or its successor, authorizing them, as a qualifying
patient or primary caregiver, or employee of a licensed medical marijuana
facility, to access marijuana for medical use as provided by Missouri
law.
[Ord. No. 19-28, 11-25-2019]
A.
No person shall administer marijuana for medical use in public.
B.
For the purpose of this Section, the phrase "in public" shall mean
any place other than the residence of the qualifying patient or primary
caregiver administering marijuana for medical use, or the residence
of another person when the person in control of the property has consented
to the administering of marijuana for medical use.
[Ord. No. 19-28, 11-25-2019]
No person shall dispose of marijuana for medical use or marijuana-infused
products except in accordance with the provisions of 19 CSR 30-95.
[Ord. No. 19-28, 11-25-2019]
A.
No person shall cultivate marijuana unless:
1.
He or she holds a qualifying patient or primary caregiver identification
card; and
2.
In the quantity and sizes within the provisions of 19 CSR 30-95.030;
and
3.
In an enclosed, locked facility in compliance with 19 CSR 30-95.030;
and
4.
All cultivated flowering marijuana plants are clearly labeled
with the qualifying patient's name; and
5.
A State-issued cultivation authorization is displayed in the
cultivation area.
6.
The waste from the cultivation is disposed in accordance with
State regulations.
[Ord. No. 17-01 § 1, 1-23-2017]
A.
A person commits the offense of delivery of a controlled substance
if, except as authorized by Chapter 195 or 579, RSMo., he or she:
1.
Knowingly distributes or delivers thirty-five (35) grams or
less of marijuana or synthetic cannabinoid;
2.
Attempts to distribute or deliver thirty-five (35) grams or
less of marijuana or synthetic cannabinoid;
3.
Knowingly possesses thirty-five (35) grams or less of marijuana
or synthetic cannabinoid with the intent to distribute or deliver
any amount of a controlled substance; or
4.
Knowingly permits a minor to purchase or transport illegally
obtained thirty-five (35) grams or less of marijuana or synthetic
cannabinoid.
[Ord. No. 17-01 § 1, 1-23-2017]
A person commits the offense of unlawful possession of drug
paraphernalia if he or she knowingly uses, or possess 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 this Article.
[Ord. No. 17-01 § 1, 1-23-2017]
A person commits the offense of unlawful distribution, delivery,
or sale of drug paraphernalia if he or she unlawfully distributes,
delivers, or sells, or possesses with intent to distribute, deliver,
or sell drug paraphernalia knowing, or under circumstances in which
one reasonably should know, that it will be used 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 this Article.
[Ord. No. 17-01 § 1, 1-23-2017]
A person commits the offense of unlawful manufacture of drug
paraphernalia if he or she unlawfully manufactures with intent to
deliver drug paraphernalia knowing, or under circumstances in which
one reasonably should know, that it will be used 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 this Article.
[Ord. No. 17-01 § 1, 1-23-2017]
A person commits the offense of possession of an imitation controlled
substance if he or she knowingly possesses an imitation controlled
substance.
[Ord. No. 17-01 § 1, 1-23-2017]
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. 17-01 § 1, 1-23-2017]
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.
[Ord. No. 17-01 § 1, 1-23-2017]
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 210.1870 and 210.1880 hereof.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 17-01 § 1, 1-23-2017]
A.
A person commits the offense of unlawful sale or distribution of
over-the-counter methamphetamine precursor drugs if he or she:
1.
Knowingly sells, distributes, dispenses, or otherwise provides
any number of packages of any drug product containing detectable amounts
of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their
salts, optical isomers, or salts of optical isomers, in a total amount
greater than nine grams to the same individual within a thirty-day
period, unless the amount is dispensed, sold, or distributed pursuant
to a valid prescription; or
2.
Knowingly dispenses or offers drug products that are not excluded
from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo.,
and that contain detectable amounts of ephedrine, phenylpropanolamine,
or pseudoephedrine, or any of the salts, optical isomers, without
ensuring that such products are located behind a pharmacy counter
where the public is not permitted and that such products are dispensed
by a registered pharmacist or pharmacy technician under Subsection
11 of Section 195.017, RSMo; or
3.
Holds a retail sales license issued under Chapter 144, RSMo.,
and knowingly sells or dispenses packages that do not conform to the
packaging requirements of Section 195.017, RSMo.
[Ord. No. 17-01 § 1, 1-23-2017]
A.
A pharmacist, intern pharmacist, or registered pharmacy technician
commits the offense of unlawful sale or distribution of over-the-counter
methamphetamine precursor drugs if he or she:
1.
Knowingly sells, distributes, dispenses, or otherwise provides
any number of packages of any drug product containing detectable amounts
of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers, in a total
amount greater than three and six-tenths (3.6) grams to the same individual
within a twenty-four-hour period, unless the amount is dispensed,
sold, or distributed pursuant to a valid prescription; or
2.
Knowingly fails to submit information under Subsection 13 of
Section 195.017, RSMo., and Subsection 5 of Section 195.417, RSMo.,
about the sales of any compound, mixture, or preparation of products
containing detectable amounts of ephedrine, phenylpropanolamine, or
pseudoephedrine, or any of their salts, optical isomers, or salts
of optical isomers, in accordance with transmission methods and frequency
established by the Department of Health and Senior Services; or
3.
Knowingly fails to implement and maintain an electronic log,
as required by Subsection 12 of Section 195.017, RSMo., of each transaction
involving any detectable quantity of pseudoephedrine, its salts, isomers,
or salts of optical isomers or ephedrine, its salts, optical isomers,
or salts of optical isomers; or
4.
Knowingly sells, distributes, dispenses or otherwise provides
to an individual under eighteen (18) years of age without a valid
prescription any number of packages of any drug product containing
any detectable quantity of pseudoephedrine, its salts, isomers, or
salts of optical isomers, or ephedrine, its salts or optical isomers,
or salts of optical isomers.
B.
Any person who violates the packaging requirements of Section 195.418,
RSMo., and is considered the general owner or operator of the outlet
where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale shall not be penalized if he or she documents
that an employee training program was in place to provide the employee
who made the unlawful retail sale with information on the State and
Federal regulations regarding ephedrine, pseudoephedrine, or phenylpropanolamine.
[Ord. No. 17-01 § 1, 1-23-2017]
In any action brought under this Article, it shall not be necessary
to negative any exception, excuse, proviso, or exemption contained
in this Article, and the burden of proof of any such exception, excuse,
proviso or exemption shall be upon the defendant.
[Ord. No. 17-01 § 1, 1-23-2017]
A.
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 within twenty-four
(24) hours of discovery.
B.
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 within twenty-four (24) hours of discovery.
