City of Greenwood, MO Offenses Concerning Drugs

Section 210.1800 Marijuana and Synthetic Cannabinoids.

[Ord. No. 2023-3056, 3-28-2023]

Marijuana.

Definitions. As used in this Subsection the following terms shall have the meanings indicated:

A marijuana plant that exhibits the physical signs of a flower or bud from the notes of the stem.

Cannabis sativa, Cannabis indica, Cannabis ruderalis, hybrids of such species, and any other strains commonly understood to constitute marijuana, as well as resin extracted from the marijuana plant and marijuana-infused products. This Section does not cover industrial hemp, as defined by Missouri Statutes, or commodities derived from industrial hemp.

MARIJUANA ACCESSORIES

Any equipment, product, material, or combination of equipment, products, or materials, that is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

It shall be unlawful to:

Deliver or distribute marijuana or marijuana accessories, with or without consideration, to a person younger than twenty-one (21) years of age;

Purchase, possess, use, or transport marijuana or marijuana accessories by a person younger than twenty-one (21) years of age;

Consume marijuana by a person younger than twenty-one (21) years of age;

Possess or consume marijuana or possess marijuana accessories on the grounds of a public or private preschool, elementary school, or secondary school, institution of higher education, in a school bus, or on the grounds of any correctional facility;

Smoke or burn marijuana in a location where smoking tobacco is prohibited;

Consume, smoke, or burn marijuana in a public place or public building, other than in an area licensed by the Board of Aldermen;

Perform solvent-based extractions on marijuana using solvents other than water, glycerin, propylene glycol, vegetable oil, or food-grade ethanol, unless licensed for this activity by the State of Missouri;

Possess or consume marijuana or possess marijuana accessories on the grounds of any City-owed property, park, or building;

Consume, smoke, or burn marijuana in a restaurant, an establishment holding any liquor license, or any place of public accommodation;

Cultivate flowering marijuana plants, non-flowering marijuana plants over fourteen (14) inches tall, or clones for private use without a valid Missouri private cultivation registration card authorizing such cultivation or in excess of the amount authorized by the applicable cultivation registration card;

Keep twelve (12) or more flowering marijuana plants, twelve (12) or more non-flowering marijuana plants over fourteen (14) inches tall, or twelve (12) or more clones under fourteen (14) inches tall, in or on the grounds of a private residence at one (1) time;

Keep in or on the grounds of a private residence an excess of three (3) ounces of marijuana produced by privately cultivated plants, in an unlocked space, or that is visible by normal, unaided vision from a public place;

Purchasing, possessing, consuming, using, ingesting, inhaling, processing, transporting, delivering without consideration, or distributing without consideration dried, unprocessed marijuana, or its equivalent in excess of three (3) ounces (except as may be permitted by a person validly licensed by the State of Missouri to do so);

Cultivating marijuana plants that are visible by normal, unaided vision from a public place;

Violating the terms of any marijuana license issued by the State of Missouri;

Conducting any activities or engaging in any conduct involving or relating to marijuana that requires a license from the State of Missouri, without a valid license for such conduct or activity;

Operate or be in physical control of any motor vehicle, train, aircraft, motorboat, golf cart, motorized bicycle, recreational off-highway vehicle, utility vehicle, or other motorized form of transport while under the influence of marijuana. Notwithstanding the foregoing, a conviction of a person who is at least twenty-one (21) years of age for any applicable offenses shall require evidence that the person was in fact under the influence of marijuana at the time the person was in physical control of the motorized form of transport and not solely on the presence of tetrahydrocannabinol (THC) or THC metabolites, or a combination thereof, in the person's system;

Consume marijuana while operating or being in physical control of a motor vehicle, train, aircraft, motorboat, golf cart, motorized bicycle, recreational off-highway vehicle, utility vehicle, or other motorized form of transport while it is being operated;

Smoke marijuana within a motor vehicle train, aircraft, motorboat, golf cart, motorized bicycle, recreational off-highway vehicle, utility vehicle, or other motorized form of transport while it is being operated;

Undertake any task while under the influence of marijuana, if doing so would constitute negligence, recklessness, or professional malpractice or would endanger others.

Hashish And Synthetic Cannabinoids.

Definitions. As used in this Subsection the following terms shall have the meanings indicated:

HASHISH

A mechanically processed or extracted plant material containing tetrahydrocannabinol (THC) and is composed of resin from a cannabis plant.

MPDV

Any substance containing 3.4 Methylenedioxyprovalerone, methylone, mephedrone, 4-methoxymethcathinone, 4-fluoromethcathinone, or 3-fluoromethcathinone.

SYNTHETIC CANNABINOID

Any natural or synthetic material, compound, mixture, or preparation, whether described as tobacco, herbs, incense, "Spice," "K2," or any blend thereof, that contains any quantity of a substance that is a cannabinoid receptor agonist, including, but not limited to, any substance listed in Section 195.017.2(4)(II), RSMo., and any analogues, homologues, or isomers.

It shall be unlawful to possess, sell, distribute, lend, rent, lease, give, exchange, display for sale, or transfer the following substances in the following quantities:

Hashish in the amount of five (5) grams or less;

Synthetic cannabinoids;

MDPV.

It shall be an affirmative defense to any violation of this Subsection if the possession, sale, distribution, or transfer is in the usual course of business or practice, or within the scope of the official duties of the following persons:

Persons licensed under the provisions of Chapters 330, 332, 334, 335, 338, or 34, RSMo.;

Persons who procure controlled substance:

(1)

For handling by or under the supervision of persons employed by them, who are licensed under the provisions of Chapters 330, 332, 334, 335, 338, or 340, RSMo.;

(2)

For the purpose of lawful research, teaching, or testing and not for resale.

Hospitals and other institutions that procure controlled substances for lawful administration by persons described in this Subsection;

Officers or employees or appropriate enforcement agencies of Federal, State, or local governments, under their duties in enforcing provisions of the laws of the City of Greenwood, the State of Missouri, or the United States of America;

Lawfully licensed manufacturers and wholesalers of controlled substances;

Carries and warehousemen lawfully handling or distributing lawful controlled substances or drugs.

Penalties.

Any person who is found to have violated any of Subsection (A)(2)(a) through (p) is subject to a fine not to exceed two hundred fifty dollars ($250.00) or imprisonment for a term not to exceed thirty (30) days, or both by such fine and imprisonment.

Any person who is found to have violated any of Subsection (A)(2)(q) through (t) is subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both by such fine and imprisonment for each violation.

Any person who is found to have violated any of Subsection (B) is subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both by such fine and imprisonment for each violation.

Section 210.1810 Possession of a Controlled Substance. [1]

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] (RSMo. §579.015, 2014 effective 1-1-2017)

[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.

Section 210.1820 Limitations on the Retail Sale of Methamphetamine Precursor Drugs.

The retail sale of methamphetamine precursor drugs shall be limited to:

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

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.

The penalty for a knowing violation of Subsection (A) of this Section is found in Section 569.060, RSMo. (RSMo. §195.418, 2014 effective 1-1-2017)

Section 210.1830 Unlawful Possession of Drug Paraphernalia. [1]

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. (RSMo. §579.074, 2014 effective 1-1-2017)

[1]

Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1840 Inhalation or Inducing Others To Inhale Solvent Fumes to Cause Certain Reactions, Prohibited — Exceptions.

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. (RSMo. §579.097, 2014 effective 1-1-2017)

Section 210.1850 Inducing, or Possession With Intent To Induce, Symptoms by Use of Solvents and Other Substances, Prohibited.

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.

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:

Solvents, particularly toluol;

Ethyl alcohol;

Amyl nitrite and its iso-analogues;

Butyl nitrite and its iso-analogues;

Cyclohexyl nitrite and its iso-analogues;

Ethyl nitrite and its iso-analogues;

Pentyl nitrite and its iso-analogues; and

Propyl nitrite and its iso-analogues.

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.

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.

No person shall possess or use an alcoholic beverage vaporizer.

Nothing in this Section shall be construed to prohibit the legal consumption of intoxicating liquor. (RSMo. §579.099, 2014 effective 1-1-2017)

Section 210.1860 Possession or Purchase of Solvents To Aid Others in Violations, Prohibited — Violations of Sections 210.1840 to 210.1850 — Penalty. [1]

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.

Any person who violates any provision of Sections 210.1840 through 210.1860 is guilty of an ordinance violation for the first violation. (RSMo. §579.101, 2014 effective 1-1-2017)

[1]

Note: Under certain circumstances this offense can be a felony under state law.

Section 210.1870 through Section 210.1960. (Reserved)