[Ord. No. 10378, 1-5-2017; Ord. No. 10789, 2-16-2023]
A. 
A person commits the offense of possession of marijuana or any synthetic cannabinoid, as both terms are defined in § 195.010, RSMo., if he or she knowingly possesses marijuana or any synthetic cannabinoid, except as allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution, or Chapter 195, RSMo., or Chapter 579, RSMo. In any complaint, information, action or proceeding brought for the enforcement of this Section, it shall not be necessary to include any exception, excuse, proviso or exemption contained in this Code or Article XIV, Section 1 or Section 2 of Article XIV of the Missouri Constitution or Chapter 195, RSMo., or Chapter 579, RSMo., and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
B. 
A person who possesses, produces, delivers without receiving consideration or remuneration to another person who is a least 21 years of age, or possesses with intent to deliver, not more than twice the amount of marijuana allowed pursuant to Article XIV, Section 2, Subsection 10 of the Missouri Constitution shall thereby commit a violation and be subject to civil penalty and forfeiture of the marijuana as provided in Article XIV, Section 2, Subsection 10(6) of the Missouri Constitution, and set forth in Chapter 17, Art. XIV, § 17-194 of the Code.
[1]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see RSMo. §§ 195.010, 195.017 and 579.015.
[Ord. No. 10378, 1-5-2017; Ord. No. 10789, 2-16-2023]
A person commits the offense of possession of a controlled substance, as defined in § 195.010, RSMo., if he or she knowingly possesses a controlled substance, not including marijuana, except as authorized by Chapter 579, RSMo., or Chapter 195, RSMo.
[1]
State Law Reference: For similar statutory provisions and the elements setting the levels of this offense, see RSMo. §§ 195.010, 195.017 and 579.015.
[Ord. No. 10378, 1-5-2017]
A. 
The retail sale of methamphetamine precursor drugs shall be limited to:
1. 
Sales in packages containing not more than a total of three grams of one or more methamphetamine precursor drugs calculated in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine base; and
2. 
For nonliquid products, sales in blister packs, each blister containing not more than two 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 § 569.060, RSMo.
[1]
State Law Reference: See RSMo. § 195.418.
[Ord. No. 10378, 1-5-2017; Ord. No. 10789, 2-16-2023]
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 as defined by Chapter 195, RSMo., or Chapter 579, RSMo., except as allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution.
[1]
State Law Reference: See RSMo. § 579.074.
[Ord. No. 10378, 1-5-2017]
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.
[1]
State Law Reference: See RSMo. § 579.097.
[Ord. No. 10378, 1-5-2017]
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 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 § 17-184 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.
[1]
State Law Reference: See RSMo. § 579.099.
[Ord. No. 10378, 1-5-2017]
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 §§ 17-184 and 17-185 hereof.
B. 
Any person who violates any provision of §§ 17-184 through 17-185 is guilty of an ordinance violation for the first violation.
[1]
State Law Reference: See RSMo. § 579.101. Under certain circumstances this offense can be a felony under state law.
[Ord. No. 10789, 2-16-2023]
A. 
It is an offense to deliver or distribute marijuana or marijuana accessories, with or without consideration, to a person younger than 21 years of age.
B. 
It is an offense for a person to deliver or distribute marijuana or marijuana accessories, with consideration, to a person 21 years of age or older, except those marijuana facilities licensed to distribute marijuana, marijuana-infused products, and marijuana accessories as allowed by Article XIV, Section 1 or Section 2 of the Missouri Constitution.
[Ord. No. 10789, 2-16-2023]
It is an offense for a person younger than 21 years of age to purchase, possess, use, consume, transport marijuana or marijuana accessories. A person who is under 21 years of age who possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration three ounces or less of marijuana, or possesses, delivers without consideration or distributes without consideration marijuana accessories in violation of Article XIV, Section 2, Subsection 10 of the Missouri Constitution.
[Ord. No. 10789, 2-16-2023]
A. 
It is an offense for any person or entity to possess marijuana plants without a valid registration for cultivation on file with the State of Missouri.
B. 
It is an offense for any person or entity, except those facilities licensed to do so by the State of Missouri, to keep more than 12 flowering marijuana plants, more than 12 nonflowering plants (over 14 inches tall), or more than 12 clones (plants under 14 inches tall).
C. 
Any person or entity who cultivates marijuana plants shall keep the plants and any marijuana produced by the plants at 1 private residence, in a locked space, and in a place that is not visible by normal, unaided vision from a public place. A person or entity who violates this subsection (c) may be subject to a civil penalty not exceeding $250 and forfeiture of the marijuana.
[Ord. No. 10789, 2-16-2023]
It is an offense for any person to possess or consume marijuana, possess or consume a controlled substance, possess marijuana accessories, or possess drug paraphernalia on the grounds of a public or private preschool, elementary or secondary school, institution of higher education, or in a school bus.
[Ord. No. 10789, 2-16-2023]
A. 
It is an offense for any person to smoke marijuana or marijuana-infused products:
1. 
While operating or being in physical control of a motor vehicle, train, aircraft, motorboat, or other motorized form of transportation while it is being operated; or
2. 
Within a motor vehicle, train, aircraft, motorboat, or other motorized form of transport while it is being operated.
[Ord. No. 10789, 2-16-2023]
A. 
It is an offense for any person to consume or smoke marijuana in:
1. 
Any location where smoking tobacco is prohibited as set forth in § 17-253 of the Code; or
2. 
In a public place, other than in an area licensed for such activity by the authorities having jurisdiction over the licensing and/or permitting of said activity.
[Ord. No. 10789, 2-16-2023]
A. 
No sales to persons under 21 years of age.
1. 
A person who sells marijuana, including marijuana-infused products, or marijuana accessories, shall deny the sale of such products to any person who is less than 21 years of age.
2. 
A person or entity selling marijuana, including marijuana-infused products, or marijuana accessories, shall require proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that such prospective purchaser or recipient may be under the age of 21.
3. 
The operator's or chauffeur's license issued pursuant to the provisions of § 302.177, RSMo., or the operator's or chauffeur's license issued pursuant to the laws of any State or possession of the United States to residents of those States or possessions, or an identification card as provided for in § 302.181, RSMo., or the identification card issued by any uniformed service of the United States, or a valid passport shall be presented by the holder thereof upon request of any owner or employee of an establishment that sells to marijuana, including marijuana-infused products, or marijuana accessories, for the purpose of aiding the registrant, agent or employee to determine whether or not the person is at least 21 years of age when such person desires to purchase or possess marijuana, including marijuana-infused products, or marijuana accessories, procured from a vendor. Upon such presentation, the owner or employee of the establishment shall compare the photograph and physical characteristics noted on the license, identification card or passport with the physical characteristics of the person presenting the license, identification card or passport.
4. 
A person cited for selling marijuana, including marijuana-infused products, or marijuana accessories to any person less than 21 years of age in violation of this Section shall conclusively be presumed to have reasonably relied on proof of age of the purchaser or recipient, and such person shall not be found guilty of such violation if such person raises and proves as an affirmative defense that such individual presented a driver's license or other government-issued photo identification purporting to establish that such person was 21 years of age or older.
B. 
Persons under 21 years of age prohibited from purchasing.
1. 
Any person less than 21 years of age shall not purchase or attempt to purchase marijuana, including marijuana-infused products, or marijuana accessories.
2. 
Any person less than 21 years of age shall not misrepresent his/her age to purchase marijuana, including marijuana-infused products, or marijuana accessories.
3. 
No person shall, without authorization from the Department of Revenue, reproduce, alter, modify, or misrepresent any chauffeur's license, motor vehicle operator's license or identification card.
C. 
Proximity to certain institutions. It shall be unlawful for any person to sell, offer for sale, give away, or deliver marijuana, including marijuana-infused products, or marijuana accessories, within 1,000 feet of any church, day care center, elementary or secondary school.
D. 
Separate offense. Each violation of the subsections of this section shall constitute a separate offense.
[Ord. No. 10789, 2-16-2023]
A. 
A person who smokes marijuana in a public place in violation of the law shall be subject to a civil penalty not exceeding $100.
B. 
A person who is under 21 years of age who possesses, uses, ingests, inhales, transports, delivers without consideration or distributes without consideration 3 ounces or less of marijuana, or possesses, delivers without consideration, or distributes without consideration marijuana accessories is subject to a civil penalty not to exceed $100 and forfeiture of the marijuana. Any such person shall be provided the option of attending up to 4 hours of drug education or counseling in lieu of the fine.
C. 
A person 21 of age or older who possesses not more than twice the amount of marijuana allowed pursuant to this section, produces not more than twice the amount of marijuana allowed pursuant to this section, delivers without receiving any consideration or remuneration to a person who is at least 21 years of age not more than twice the amount of marijuana allowed by this section, or possesses with intent to deliver not more than twice the amount of marijuana allowed by this section:
1. 
For a first violation, is subject to a civil infraction punishable by a civil penalty not exceeding $250 and forfeiture of the marijuana;
2. 
For a second violation, is subject to a civil infraction punishable by a civil penalty not exceeding $500 and forfeiture of the marijuana;
3. 
For a third or subsequent violation, is subject to a misdemeanor punishable by a fine not exceeding $1,000 and forfeiture of the marijuana;
4. 
A person under 21 years of age is subject to a civil penalty not to exceed $250. Any such person shall be provided the option of attending up to 8 hours of drug education or counseling in lieu of the fine; and
5. 
In lieu of payment, penalties under this subsection may be satisfied by the performance of community service. The rate of pay-down associated with said service option will be the greater of $15 or the minimum wage in effect at the time of judgment.
D. 
A person who cultivates marijuana plants that are visible by normal, unaided vision form a public place or who cultivates plants that are not kept in a locked space is subject to a civil penalty not exceeding $250 and forfeiture of the marijuana.
E. 
For all other controlled substance violations, a person may be punished as provided in Chapter 1, Art. I, § 1-8 of the Code.