[Ord. No. 17-01 § 1, 1-23-2017]
As used in this Article:
ACUTE PAIN
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]
ADMINISTER
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:
1. 
A practitioner (or, in his or her presence, by his or her authorized agent), or
2. 
The patient or research subject at the direction and in the presence of the practitioner.
AGENT
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.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor which is listed in Schedules I through V of Chapter 195, RSMo.
CONTROLLED SUBSTANCE ANALOGUE
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:
1. 
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
2. 
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.
COUNTERFEIT 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.
DELIVER or DELIVERY
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.
DENTIST
A person authorized by law to practice dentistry in this State.
DEPRESSANT or STIMULANT SUBSTANCE
1. 
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);
2. 
A drug containing any quantity of:
a. 
Amphetamine or any of its isomers;
b. 
Any salt of amphetamine or any salt of an isomer of amphetamine; or
c. 
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;
3. 
Lysergic acid diethylamide; or
4. 
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.
DISPENSE
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.
DISTRIBUTE
To deliver other than by administering or dispensing a controlled substance.
DISTRIBUTOR
A person who distributes.
DRUG
1. 
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;
2. 
Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;
3. 
Substances, other than food, intended to affect the structure or any function of the body of humans or animals; and
4. 
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.
DRUG PARAPHERNALIA
1. 
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:
a. 
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.
b. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or imitation controlled substances.
c. 
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.
d. 
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.
e. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or imitation controlled substances.
f. 
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.
g. 
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.
h. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or imitation controlled substances.
i. 
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.
j. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or imitation controlled substances.
k. 
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.
l. 
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:
(1) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) 
Water pipes;
(3) 
Carburetion tubes and devices;
(4) 
Smoking and carburetion masks;
(5) 
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;
(6) 
Miniature cocaine spoons and cocaine vials;
(7) 
Chamber pipes;
(8) 
Carburetor pipes;
(9) 
Electric pipes;
(10) 
Air-driven pipes;
(11) 
Chillums;
(12) 
Bongs;
(13) 
Ice pipes or chillers.
m. 
Substances used, intended for use, or designed for use in the manufacture of a controlled substance.
2. 
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:
a. 
Statements by an owner or by anyone in control of the object concerning its use;
b. 
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;
c. 
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;
d. 
The proximity of the object to controlled substances or imitation controlled substances;
e. 
The existence of any residue of controlled substances or imitation controlled substances on the object;
f. 
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;
g. 
Instructions, oral or written, provided with the object concerning its use;
h. 
Descriptive materials accompanying the object which explain or depict its use;
i. 
National or local advertising concerning its use;
j. 
The manner in which the object is displayed for sale;
k. 
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;
l. 
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
m. 
The existence and scope of legitimate uses for the object in the community;
n. 
Expert testimony concerning its use;
o. 
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.
HOSPITAL
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.
ILLEGAL INDUSTRIAL HEMP
[Ord. No. 19-04, 2-11-2019]
1. 
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.
2. 
Illegal industrial hemp shall be destroyed in the most effective manner possible, and such destruction shall be verified by the Missouri State Highway Patrol.
IMITATION CONTROLLED SUBSTANCE
1. 
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:
a. 
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.
b. 
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.
c. 
Whether the substance is packaged in a manner normally used for illicit controlled substances.
d. 
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.
e. 
The proximity of the substances to controlled substances.
f. 
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.
2. 
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.
IMMEDIATE PRECURSOR
A substance which:
1. 
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;
2. 
Is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and
3. 
The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.
INDUSTRIAL HEMP
[Ord. No. 19-04, 2-11-2019]
1. 
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.
2. 
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.
3. 
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.
INITIAL PRESCRIPTION
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]
LABORATORY
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.
MANUFACTURE
1. 
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.
2. 
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:
a. 
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
b. 
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.
MARIJUANA
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]
METHAMPHETAMINE PRECURSOR DRUG
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers.
NARCOTIC DRUG
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:
1. 
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;
2. 
Coca leaves, but not including extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
3. 
Cocaine or any salt, isomer, or salt of isomer thereof;
4. 
Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof;
5. 
Any compound, mixture, or preparation containing any quantity of any substance referred to in Subsections (1) through (4) of this definition.
OPIATE or OPIOID
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]
OPIUM POPPY
The plant of the species Papaver somniferum L., except its seeds.
OVER-THE-COUNTER SALE
A retail sale licensed pursuant to Chapter 144, RSMo., of a drug other than a controlled substance.
PERSON
Individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity.
POPPY STRAW
All parts, except the seeds of the opium poppy, after mowing.
POSSESSED OR POSSESSING A CONTROLLED SUBSTANCE
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.
PRACTITIONER
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.
PRODUCTION
Includes the manufacture, planting, cultivation, growing, or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance.
REGISTRY NUMBER
The number assigned to each person registered under the Federal controlled substances laws.
SALE
Includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee.
SYNTHETIC CANNABINOID
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.
ULTIMATE USER
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.
WHOLESALER
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.
B. 
Any person who violates any provision of Sections 210.1870 through 210.1880 is guilty of an ordinance violation for the first violation.
[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.
C. 
Each violation of this Section shall be considered a separate offense. Violation of this Section shall be punished under Section 100.220 of the Code of the City.