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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
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]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 579.015, RSMo.
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]
[1]
Note: Under certain circumstances this offense can be a felony under state law.
[2]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see §§195.010, 195.017 and 579.015, RSMo.
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.
B. 
The penalty for a knowing violation of Subsection (A) of this Section is found in Section 569.060, RSMo.
A person commits the offense of unlawful possession of drug paraphernalia if he or she knowingly uses, or possesses with intent to use, drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance or an imitation controlled substance in violation of Chapter 579, RSMo., or Chapter 195, RSMo.
[1]
Note: Under certain circumstances this offense can be a felony under state law.
No person shall intentionally smell or inhale the fumes of any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues or induce any other person to do so for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of senses or nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the audio, visual or mental processes; except that this Section shall not apply to the inhalation of any anesthesia for medical or dental purposes.
A. 
As used in this Section, "alcohol beverage vaporizer" means any device which, by means of heat, a vibrating element, or any method, is capable of producing a breathable mixture containing one (1) or more alcoholic beverages to be dispensed for inhalation into the lungs via the nose or mouth or both.
B. 
No person shall intentionally or willfully induce the symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses or nervous system, distortion of audio, visual or mental processes by the use or abuse of any of the following substances:
1. 
Solvents, particularly toluol;
2. 
Ethyl alcohol;
3. 
Amyl nitrite and its iso-analogues;
4. 
Butyl nitrite and its iso-analogues;
5. 
Cyclohexyl nitrite and its iso-analogues;
6. 
Ethyl nitrite and its iso-analogues;
7. 
Pentyl nitrite and its iso-analogues; and
8. 
Propyl nitrite and its iso-analogues.
C. 
This Section shall not apply to substances that have been approved by the United States Food and Drug Administration as therapeutic drug products or are contained in approved over-the-counter drug products or administered lawfully pursuant to the order of an authorized medical practitioner.
D. 
No person shall intentionally possess any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of using it in the manner prohibited by Section 210.1840 and this Section.
E. 
No person shall possess or use an alcoholic beverage vaporizer.
F. 
Nothing in this Section shall be construed to prohibit the legal consumption of intoxicating liquor.
A. 
No person shall intentionally possess or buy any solvent, particularly toluol, amyl nitrite, butyl nitrite, cyclohexyl nitrite, ethyl nitrite, pentyl nitrite and propyl nitrite and their iso-analogues for the purpose of inducing or aiding any other person to violate the provisions of Sections 210.1840 and 210.1850 hereof.
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.
A. 
Definitions. As used in this Section, the following words and/or phrases shall have the following meanings as set forth herein:
COUNTER
Any obstructive, physical barrier that separates ephedrine products from access by a customer or the general public and which makes such products available to a customer or the general public only through or by the act of an employee of the seller.
EPHEDRINE
All forms of ephedrine, pseudoephedrine, ephedrine by hydrochloride, pseudoephedrine hydrochloride, phenylpropanolamine and all combinations of these chemicals.
EPHEDRINE PRODUCT
Any product that contains ephedrine, its salts, isomers or salts of isomers as its sole active ingredient or in combination with less than therapeutically significant quantities of other active ingredients.
PERSON
Any individual, corporation, partnership, trust, limited liability company, firm, association or other entity selling an ephedrine product to customers.
SELL
To knowingly furnish, give away, exchange, transfer, deliver, surrender or supply, whether for monetary gain or not.
B. 
It shall be unlawful for any person to display or offer to sell any ephedrine product unless the ephedrine product is placed behind a counter. This prohibition shall not apply to the sale of animal feed containing ephedrine.
C. 
Theft — Report To Be Made When.
1. 
Any person who sells ephedrine products and who discovers a theft, disappearance or other loss of an ephedrine product shall report the theft, disappearance or other loss in writing to the Gerald Police Department within three (3) calendar days of such a discovery.
2. 
Any person who sells ephedrine products shall report to the Gerald Police Department any difference between the quantity of ephedrine products shipped and the quantity of ephedrine products received within three (3) calendar days of discovery.
D. 
Violation And Penalty.
1. 
Each day a violation of this Section exists shall be considered a separate offense.
2. 
The Board of Aldermen may institute an action for injunctive relief to enforce the provisions of this Section.
3. 
Every act or omission constituting a violation of any of the provisions of this Section by any agent or employee of any person shall be deemed and held to be the act of such person and said person shall be punishable in the same manner as if said act or omission has been done or omitted by him or it personally, provided such act or omission was within the scope of employment or the scope of authority of such agent or employee.
Any person purchasing or receiving ephedrine, pseudoephedrine, their salts, their optical isomers or salts of their optical isomers from retail pharmacy must have first obtained a prescription from a Missouri licensed physician. No retail pharmacy shall dispense, sell or provide these drugs without first having obtained a prescription from a Missouri licensed pharmacist. This Section shall not prohibit individual health care practitioners from issuing orders in their professional and licensed health care facilities.