[Ord. No. 2692, 2-25-2020; Ord.
No. 2770, 3-14-2023]
A.
Definition. "Marijuana," as used herein, means Cannabis indica, Cannabis
sativa, and Cannabis ruderalis, hybrids of such species, and any other
strains commonly understood within the scientific community to constitute
marijuana, as well as resin extracted from the marijuana plant and
marijuana-infused products. It does not include industrial hemp, as
defined by Missouri Statute, or commodities or products manufactured
from industrial hemp.
C.
Under-Age Possession, Etc. A person under the age of twenty-one (21)
years is prohibited from possessing, purchasing, consuming, selling,
or distributing marijuana. Upon conviction, such person shall be subject
to forfeiture of the marijuana and a fine not to exceed one hundred
dollars ($100.00). Any such person shall be provided the option of
attending up to four (4) hours of drug education or counseling in
lieu of the fine.
D.
Sales Or Distribution To Under-Age Person. A person at least twenty-one (21) years of age is prohibited from selling or distributing marijuana to a person under the age of twenty-one (21) years. Upon conviction thereof such person shall be subject to a fine and/or imprisonment as provided in Section 100.180 of the Olivette City Code.
E.
Maximum Product Quantities. A person is prohibited from possessing,
purchasing, producing, selling, or delivering more than three (3)
ounces of dried, unprocessed marijuana or its equivalent.
1.
If the excessive product amount is not more than six (6) ounces,
then upon conviction the perpetrator shall be subject to forfeiture
of the marijuana and: a) for a first offense, a fine not to exceed
two hundred fifty dollars ($250.00); b) for a second offense, a fine
not to exceed five hundred dollars ($500.00); and c) for a third offense,
a fine not to exceed one thousand dollars ($1,000.00);
2.
If the excessive product amount is more than six (6) ounces, then upon conviction the perpetrator shall be subject to a fine and/or imprisonment as provided in Section 100.180 of the Olivette City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
F.
Cultivation Restrictions.
1.
It is unlawful for a person to transport, plant, cultivate, harvest, dry, process, or manufacture more than six (6) of each of the following: a) flowering marijuana plants, b) non-flowering marijuana plants [at least fourteen (14) inches tall], or c) clones [less than fourteen (14) inches tall]. Upon conviction, such person shall be subject to shall be subject to a fine and/or imprisonment as provided in Section 100.180 of the Olivette City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
2.
It is unlawful for a person to keep the aforementioned plants,
and any marijuana in excess of three (3) ounces produced by the plants,
at a private residence in an unlocked space or in a manner that is
visible by normal, unaided vision from a public place. Upon conviction,
such person shall be subject to forfeiture of the marijuana and a
fine of two hundred fifty dollars ($250.00).
3.
It is unlawful for a property owner or occupant to permit the keeping of more than twelve (12) of each of the plants described in Subsection (F)(1) of this Subsection in or on the grounds of a private residence at one (1) time. Upon conviction, such person shall be subject to a fine and/or imprisonment as provided in Section 100.180 of the Olivette City Code, or the matter may be referred to the St. Louis County Prosecuting Attorney for prosecution under the applicable Missouri Statute.
G.
Synthetic Canniboid. A person commits the offense of possession of
a synthetic cannabinoid, as defined in Section 195.010, RSMo., if
he or she possesses any synthetic cannabinoid.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
[Ord. No. 2692, 2-25-2020; Ord.
No. 2770, 3-14-2023]
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 Chapters 195 or 579 of the Revised Statutes of Missouri or by Article XIV of the Missouri Constitution.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
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.
[Ord. No. 2692, 2-25-2020; Ord.
No. 2770, 3-14-2023]
A.
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.
