[R.O. 1996 § 210.1800; Ord. No. 826, 11-10-2016]
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/she knowingly possesses marijuana
or any synthetic cannabinoid, except as authorized by Chapter 579
or Chapter 195, RSMo.[2]
[R.O. 1996 § 210.1810; Ord. No. 826, 11-10-2016]
A person commits the offense of possession
of a controlled substance, as defined in Section 195.010, RSMo., if
he/she knowingly possesses a controlled substance, except as authorized
by Chapter 579, RSMo., or Chapter 195, RSMo.[2]
[R.O. 1996 § 210.1820; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1830; Ord. No. 826, 11-10-2016]
A person commits the offense of unlawful
possession of drug paraphernalia if he/she knowingly uses, or possesses
with intent to use, drug paraphernalia, to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body, a controlled substance
or an imitation controlled substance in violation of Chapter 579,
RSMo., or Chapter 195, RSMo.
[1]
Note: Under certain circumstances this offense
can be a felony under state law.
[R.O. 1996 § 210.1840; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1850; Ord. No. 826, 11-10-2016]
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.
[R.O. 1996 § 210.1860; Ord. No. 826, 11-10-2016]
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.
[1]
Note: Under certain circumstances this offense
can be a felony under state law.
[R.O. 1996 § 210.1870; Ord. No. 826, 11-10-2016]
A.
COUNTER
EPHEDRINE
EPHEDRINE PRODUCT
PERSON
SELL
Definitions. As used in this Section, the
following words and/or phrases shall have the following meanings as
set forth herein:
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.
All forms of ephedrine, pseudoephedrine, ephedrine by hydrochloride,
pseudoephedrine hydrochloride, phenylpropanolamine and all combinations
of these chemicals.
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.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity selling an ephedrine
product to customers.
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/her or
it personally, provided such act or omission was within the scope
of employment or the scope of authority of such agent or employee.
[R.O. 1996 § 210.1880; Ord. No. 826, 11-10-2016]
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.
