[Ord. No. 2023-3056, 3-28-2023]
A. Marijuana.
1.
Definitions. As used in this Subsection the following terms
shall have the meanings indicated:
FLOWERING PLANT
A marijuana plant that exhibits the physical signs of a flower
or bud from the notes of the stem.
MARIJUANA
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.
2.
It shall be unlawful to:
a.
Deliver or distribute marijuana or marijuana accessories, with
or without consideration, to a person younger than twenty-one (21)
years of age;
b.
Purchase, possess, use, or transport marijuana or marijuana
accessories by a person younger than twenty-one (21) years of age;
c.
Consume marijuana by a person younger than twenty-one (21) years
of age;
d.
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;
e.
Smoke or burn marijuana in a location where smoking tobacco
is prohibited;
f.
Consume, smoke, or burn marijuana in a public place or public
building, other than in an area licensed by the Board of Aldermen;
g.
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;
h.
Possess or consume marijuana or possess marijuana accessories
on the grounds of any City-owed property, park, or building;
i.
Consume, smoke, or burn marijuana in a restaurant, an establishment
holding any liquor license, or any place of public accommodation;
j.
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;
k.
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;
l.
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;
m.
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);
n.
Cultivating marijuana plants that are visible by normal, unaided
vision from a public place;
o.
Violating the terms of any marijuana license issued by the State
of Missouri;
p.
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;
q.
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;
r.
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;
s.
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;
t.
Undertake any task while under the influence of marijuana, if
doing so would constitute negligence, recklessness, or professional
malpractice or would endanger others.
B. Hashish And Synthetic Cannabinoids.
1.
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.
2.
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:
a.
Hashish in the amount of five (5) grams or less;
3.
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:
a.
Persons licensed under the provisions of Chapters
330, 332, 334, 335, 338, or 34, RSMo.;
b.
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.
c.
Hospitals and other institutions that procure controlled substances
for lawful administration by persons described in this Subsection;
d.
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;
e.
Lawfully licensed manufacturers and wholesalers of controlled
substances;
f.
Carries and warehousemen lawfully handling or distributing lawful
controlled substances or drugs.
C. Penalties.
1.
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.
2.
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.
3.
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.
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. (RSMo. §579.015, 2014 effective 1-1-2017)
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)
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)