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]
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.
No
person shall deliver in any single over-the-counter sale more than
three (3) packages of any methamphetamine precursor drug or any combination
of methamphetamine precursor drugs.
B.
This
Section shall not apply to any product labeled pursuant to Federal
regulation for use only in children under twelve (12) years of age,
or to any products that the State Department of Health and Senior
Services, upon application of a manufacturer, exempts by rule from
this Section because the product has been formulated in such a way
as to effectively prevent the conversion of the active ingredient
into methamphetamine, or its salts or precursors.
C.
Any person who is considered the general owner or operator of the outlet where ephedrine, pseudoephedrine or phenylpropanolamine products are available for sale who violates Subsection (A) of this Section shall not be penalized pursuant to this Section if such person documents that an employee training program was in place to provide the employee with information on the State and Federal regulations regarding ephedrine, pseudoephedrine or phenylpropanolamine.
A.
EPHEDRINE
METHAMPHETAMINE PRECURSOR DRUG
PERSON
PSEUDOEPHEDRINE
SELL
For
the purposes of this Section, the following words and phrases shall
have the meanings respectively ascribed to them by this Section:
All forms of ephedrine, ephedrine hydrochloride and all combinations
of these chemicals and any methamphetamine precursor drug containing
these chemicals; and shall include any drug or food product containing
ephedrine, its salts, optical isomers and salts of optical isomers
or pseudoephedrine, its salts, optical isomers and salts or optical
isomers designed or marketed for stimulation, mental alertness, weight
loss, appetite control, energy, cold or allergy relief or other indications
not approved pursuant to the pertinent Federal over-the-counter drug
final monograph or tentative final monograph or approved new drug
application.
Any drug or substance as described in the Section described
in this Article.
Any individual, corporation, partnership, trust, limited
liability company, firm, association or other entity.
All forms of pseudoephedrine, pseudoephedrine hydrochloride
and all combinations of these chemicals and any methamphetamine precursor
drug containing these chemicals.
To knowingly furnish, give away, exchange, transfer, deliver,
surrender, or supply, whether for monetary gain or not.
B.
It
shall be illegal for any person to sell, deliver or distribute ephedrine,
pseudoephedrine or any other methamphetamine precursor drugs, except
as set forth in the specific exceptions contained in this Section.
C.
The prohibition as set forth above in Subsection (B) above shall not apply in the following circumstances:
1.
Ephedrine, pseudoephedrine or other methamphetamine precursors may
be delivered to a person by a Missouri licensed pharmacist after being
authorized to do so pursuant to a prescription from a physician or
other health care professional licensed by the State of Missouri (hereinafter
"practitioner") to write prescriptions. The requirement for a prescription
is satisfied by any of the following methods:
a.
By a written prescription signed by a practitioner;
b.
By a facsimile of a written, signed prescription transmitted by the
practitioner or his authorized agent to the pharmacy;
c.
By an oral prescription made by an individual practitioner whether
communicated by the practitioner or his authorized agent to the pharmacy;
d.
By a prescription transmitted by electronic computer transmission
by the authorizing practitioner or the practitioner's agent to the
pharmacy.
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All oral prescriptions and prescriptions transmitted by electronic
computer transmission shall be promptly reduced to writing by the
pharmacist containing all information required in Section 195.060
RSMo., except for the signature of the practitioner.
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2.
Ephedrine, pseudoephedrine or other methamphetamine precursors may
be distributed by a licensed physician or other health care professional
licensed by the State of Missouri to write prescriptions within a
physician's office, clinic, nursing home or other licensed health
care facility.
3.
The sale of animal feed containing ephedrine or dietary supplement
products containing naturally occurring or herbal ephedra or extracts
of herbal ephedra.
4.
Any compound, mixture, or preparation identified by the Federal Drug
Administration (FDA) containing any detectable quantity of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of the their salts
or optical isomers, or salts of optical isomers, except any dietary
supplements, herbs, or natural products, including concentrates or
extracts, that are not otherwise prohibited by law and that contain
naturally occurring ephedrine alkaloids in a matrix of organic material
such that the substances do not exceed fifteen percent (15%) of the
total weight of the dietary supplement, herb, or natural product.
5.
Upon written exemption, granted in response to an application of
a manufacturer, by the Missouri Department of Health and Senior Services
and/or the St. Louis County Department of Health, and for so long
as the written exemption is valid, any product containing any compound,
mixture or preparation containing any detectable quantity of ephedrine,
phenlypropanolamine or pseudoephedrine, or any of their salts or optical
isomers, or salts of optical isomers from the application of all or
any part of Sections 195.010 to 195.320, RSMo. because the product
is proven to not be feasible for the conversion of the active ingredient
into methamphetamine or its salts or precursors. No exemption may
be granted for any product containing ephedrine or pseudoephedrine
which is a Schedule V drug pursuant to Missouri law. For purposes
of this Subdivision, "proven" includes, but is not limited to, the
fact that the compound, mixture or preparation releases a deminimus
amount of the active ingredient used for conversion into methamphetamine
or its salts or precursors.
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The City of Manchester Police Department shall review and coordinate
with local law enforcement agencies with regard to the analysis of
a product's feasibility for use in the manufacture of methamphetamine
or its salts or precursors. The City of Manchester Police Department
is authorized to coordinate with such other State and/or Federal agencies
which it deems appropriate regarding such analysis. Upon notification
from the City of Manchester Police Department that there is probably
cause to believe that a product exempted under this paragraph is feasible
for the conversion of the active ingredient into methamphetamine or
its salts or precursors, the Board of Aldermen may immediately revoke
the exemption for the product on a temporary basis and, thereafter,
consider further evidence in order to determine whether the exemption
should be revoked permanently.
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D.
It
shall be prima facie proof that a substance is regulated by this Section
if the substance is contained in its original packaging and is labeled
as containing ephedrine, pseudoephedrine or other methamphetamine
precursor drugs.
E.
All
thefts, shortages, disappearances, miscounts, or other losses of ephedrine,
pseudoephedrine or other methamphetamine precursor drugs shall be
reported to the City of Manchester Police Department within twelve
(12) hours of discovery.
F.
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
City of Manchester Police Department within twelve (12) hours of discovery.
G.
The
City and its employees, representatives or agents may seek injunctive
relief against any person who is in violation of this Section.
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.
[1]
Note: Under certain circumstances this offense can be a felony
under state law.
