[Ord. No. 2019-38, 6-10-2019; Ord. No. 2023-37, 6-26-2023]
A.
Definitions
used in this Article:
1.
The terms "Marijuana," "Marijuana Infused Products," "Medical Marijuana,"
"Medical Marijuana Facility," "Qualified Patient," and "Caretaker
of a Qualified Patient" shall have the definitions set forth in Article
XVI Section 1 of the Missouri Constitution.
2.
The term "public place" means any area to which the public is invited
or in which the public is permitted, including, but not limited to,
businesses and retail establishments, parks, public rights-of-way,
government facilities, educational facilities, health facilities and
public transportation facilities. A private residence is not a public
place.
B.
It is unlawful for any person to possess any amount of marijuana except as authorized by Section 215.1800 through 215.1803 of the Trenton City Code. In addition to any fine or penalty that may be imposed on a person for a violation of the provisions of Section 215.1800 through 215.1803 may subject such person to forfeiture of marijuana, as may be allowed under Article XIV of the Missouri Constitution.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
A.
Possession
Of Medical Marijuana.
1.
A qualified patient in possession of a valid qualified patient identification
card shall be allowed to possess marijuana in any amount allowed by
State law.
2.
A primary caregiver of a qualified patient shall be allowed to possess
any amount of marijuana allowed by State law when transporting marijuana
to a qualified patient(s) or when accompanying a qualified patient.
3.
An owner or an employee of a medical marijuana facility shall be
allowed to possess any amount of marijuana allowed by State law within
the enclosed building licensed as such, or when delivering directly
to the residence of a qualified patient, the residence of a primary
caregiver of a qualified patient, or another marijuana facility.
B.
Possession
Of Drug Paraphernalia Related To Medical Marijuana.
1.
A qualified patient in possession of a valid qualified patient identification
card shall be allowed to possess drug paraphernalia for the purpose
of administering marijuana.
2.
A qualified patient or primary caregiver of a qualified patient with
a valid medical marijuana cultivation card shall be allowed to possess
drug paraphernalia for the purpose of cultivating marijuana.
C.
Failure
To Produce Medical Marijuana Identification Card.
1.
Any person who in possession of medical marijuana shall, immediately
upon the request of any Law Enforcement Officer, produce a valid identification
card which allows such possession. Any person who fails to immediately
produce such an identification card upon request shall be guilty of
the offense of failure to produce a medical marijuana identification
card.
2.
It shall be illegal for any person to possess a fraudulent or altered
medical marijuana identification card.
D.
Disposal
Of Medical Marijuana. No person shall dispose of marijuana or marijuana-infused
products in an unsecured waste receptacle not in possession and control
of a qualifying patient, primary caregiver, or licensed medical marijuana
facility and designed to prohibit unauthorized access.
E.
Residential
Cultivation. To the extent allowed by State law, marijuana for medicinal
purposes may be cultivated in a residential structure, provided:
1.
The structure is the primary residence of a primary caregiver or
qualifying patient and the marijuana is grown solely for the use of
the qualifying patient who resides there or who is under the care
of a primary caregiver.
2.
The residence has operating systems to assure that the emission of
fumes or vapors connected with the cultivation that are not allowed
out of the building, or if the residence is in a multi-family building,
that such fumes and vapors are not allowed into any other residence.
3.
The cultivation must comply with the security and other requirements
of State law and the rules of the Department of Health and Senior
Services.
F.
Residential And Non-Public Consumption. Qualifying patients may administer medical marijuana in their private residence, or in the residence of another with permission, or any non-public place described in Section 215.1800, but may not administer marijuana in such a manner that marijuana smoke or odor exists the residence or non-public place. In a multi-family or similar dwelling, medical marijuana may not be administered in any common area.
G.
Public
Places. No person shall administer medical marijuana in a public place.
[1]
Editor's Note: Ord. No. 2023-36 also changed the title of
this Section from "Failure To Produce Medical Marijuana Identification"
to "Medical Marijuana."
A.
Except
as provided in this Section, the following acts by a person at least
twenty-one (21) years of age are not unlawful:
1.
Purchasing, possessing, consuming, using, ingesting, inhaling, processing,
transporting, or delivering without consideration three (3) ounces
or less of dried, unprocessed marijuana or its equivalent;
2.
Possessing, transporting, planting, cultivating, harvesting, drying,
processing, or manufacturing no more than six (6) flowering marijuana
plants, six non-flowering marijuana plants (over fourteen (14) inches
tall), and six (6) clones (plants under fourteen (14) inches tall)
provided the person is registered with the Department of Health and
Senior Services for cultivation of marijuana plants provided:
a.
The plants and any marijuana produced by the plants in excess of
three (3) ounces are kept at one (1) private residence, are in a locked
space, and are not visible by normal unaided vision from a public
place; and
b.
Not more than twice the number of allowable plants under this Subsection
are kept in or on the grounds of a private residence at one (1) time;
3.
Assisting another person who is at least twenty-one (21) years of
age in, or allowing property to be used for any of the acts permitted
by this Section;
4.
Purchasing, possessing, using, delivering, distributing, manufacturing,
transferring or selling to persons twenty-one (21) years of age or
older marijuana accessories.
B.
It
shall be unlawful to deliver or distribute marijuana or marijuana
accessories, with or without consideration to a person younger than
twenty-one (21) years of age.
C.
It
shall be unlawful to purchase, possess, use or transport marijuana
accessories, with or without consideration, to a person younger than
twenty-one (21) years of age.
D.
It
shall be unlawful for a person under the age of twenty-one (21) years
of age to possess, use, ingest, inhale, transport, deliver or distribute
marijuana.
E.
It
shall be unlawful to possess, deliver or distribute more than three
(3) ounces of a marijuana by a single individual.
F.
It
shall be unlawful for a person to operate or be in physical control
of any motor vehicle, train, aircraft, motorboat, or other motorized
form of transport while under the influence of marijuana. Notwithstanding
the foregoing, a conviction of a person who is at least twenty-one (21)
years of age for any applicable offense shall require evidence that
the person was in fact under the influence of marijuana at the time
the person was in physical control of the motorized form of transport
and not solely on the presence of tetrahydrocannabinol (THC) or THC
metabolites, or a combination thereof, in the person's bodily system.
G.
It
shall be unlawful to consume marijuana while operating or being physical
control of a motor vehicle, train, aircraft, motorboat, or other motorized
form of transport while it is being operated.
H.
It
shall be unlawful to smoke marijuana within a motor vehicle, train,
aircraft, motorboat, or other motorized form of transport while it
is being operated.
I.
It
shall be unlawful to possess or consume marijuana on the grounds of
a public or private preschool, elementary or secondary school, institution
of higher education, in a school bus or on the grounds of any correctional
facility.
J.
It
shall be unlawful to smoke marijuana in a location where smoking tobacco
is prohibited.
K.
It
shall be unlawful to consume marijuana in a public place.
L.
It
shall be unlawful to undertake any task while under the influence
of marijuana, if doing so would constitute negligence, recklessness
or professional malpractice.
M.
It
shall be unlawful to perform solvent-based extractions on marijuana
using solvents other than water, glycerin, propylene glycol, vegetable
oil, or food-grade ethanol, unless licensed for the activity by the
Department of Health and Senior Services.
[1]
Editor's Note: Ord. No. 2023-38 also changed the title of
this Section from "Consumption Of Marijuana In Public" to "Personal
Use of Marijuana."
[1]
Editor's Note: Former Section 215.1803, Disposal of Medical
Marijuana, was repealed 6-26-2023 by Ord. No. 2023-34. Prior history
includes: Ord. No. 2019-41.
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 as authorized by Chapter 579, RSMo.,
or Chapter 195, RSMo.[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.
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 215.1840 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.
B.
Any person who violates any provision of Sections 210.1840 through
210.1860 is guilty of an ordinance violation for the first violation.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
