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City of Malden, MO
Dunklin County
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[1]
Editor's Note: Article XIV of the Missouri Constitution may provide exceptions to some of the provisions in this Article.
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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[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.
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 and only to the extent as authorized by Chapter 579, RSMo., Chapter 195, RSMo., or Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department of Health and Senior Services related to legalized marijuana.[2]
[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.
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.
B. 
The penalty for a knowing violation of Subsection (A) of this Section is found in Section 579.060, RSMo.
Except and only to the extent as authorized by Article XIV, Section 1 of the Missouri Constitution, including any and all rules and regulations promulgated by the Missouri Department on Health and Senior Services related to legalized marijuana, 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.
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.
[R.O. 1993 § 220.360]
It shall be unlawful for any person to drink or consume alcoholic beverages of any kind or nature on public streets, alleys or parks within the City.
[R.O. 1993 § 220.365; Ord. No. 2584 §§ 1 — 6, 6-26-1995]
A. 
Definitions. The following terms shall be used as definitions within this Section:
ALCOHOLIC BEVERAGE
Includes alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt, or other liquors, or combination of liquors, a part of which is spirituous, vinous, or fermented and to also include any beer manufactured from pure hops or pure extract of hops, and pure barley malt or other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having any alcoholic content by weight or volume.
MOTOR VEHICLE
Any mechanical device on wheels, designed primarily for use on highways, except motorized bicycles and vehicles propelled or drawn by human power, or vehicles used exclusively on fixed rails or tracks or cotton trailers.
RECREATIONAL MOTOR VEHICLE
Any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purpose of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle. Nothing herein shall prevent any motor vehicle being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered.
B. 
Transportation In Motor Vehicles Prohibited. No person shall knowingly transport in any vehicle operating upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed, unless the opened container be in the rear trunk or rear compartment, which shall include the spare tire compartment or any outside compartment which is not accessible to the driver or any other person in such vehicle while it is in motion. In the case of a pickup truck, station wagon, hatchback, or other similar vehicle, the area behind the last upright seat shall not be considered accessible to the driver or any other person.
C. 
Consumption In Moving Vehicle Prohibited. No driver of a motor vehicle shall allow any alcoholic beverage to be consumed while in a moving motor vehicle, as defined in this Section, nor shall any person consume any alcoholic beverage while in a moving motor vehicle.
D. 
Exception — Chartered Transit Authority. Nothing in this Section shall be construed as to prohibit the otherwise legal consumption of alcoholic beverages by passengers on a privately or publicly owned transit authority that has been chartered and is not being utilized for conveyance of the general public where the operation and control of such conveyance is by a person not in possession of or with ready access to such alcoholic beverage.
E. 
Exception — Living Quarters Of Recreational Motor Vehicle. This Section shall not apply to the living quarters of a recreational motor vehicle as defined in this Section.
F. 
Possession In Public Prohibited Exceptions. It shall be unlawful for any person to be in possession of an alcoholic beverage in an open container when upon or in a public highway, street, alley, roadway, public park, public place or public square, except it shall be lawful for any person to possess alcoholic beverages in an open container in any public building when in possession of a valid and authorized permit to possess alcoholic beverages duly issued by the appropriate governmental authority or its agents or employees; and also it shall be lawful to possess alcoholic beverages in an open container on any private golf course within the City.
[Ord. No. 3022, 8-16-2010]
A. 
The limits specified in this Section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.
B. 
Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than nine (9) grams, without regard to the number of transactions.
C. 
Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as: a) the sole active ingredient; or b) one (1) of the active ingredients of a combination drug; or c) a combination of any of the products specified in items a) and b) of this Subsection; in any total amount greater than three and six-tenths (3.6) grams without regard to the number of transactions.
D. 
All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under Section 195.017, RSMo.
E. 
Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this Section in accordance with transmission methods and frequency established by the Department by regulation.
F. 
This Section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
G. 
All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by Municipal, County, and State or Federal Law Enforcement Officers whose duty it is to enforce the controlled substances laws of this State or the United States.
H. 
All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in Subsection 17 or 18 of Section 195.017, RSMo., shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
I. 
The penalty for a knowing or reckless violation of this Section is found in Section 579.060, RSMo.
A. 
For purposes of this Section, the following terms mean:
DRUG MASKING PRODUCT
Synthetic urine, human urine, a substance designated to be added to human urine, or a substance designated to be added to or used on human hair or oral fluid for the purpose of defrauding an alcohol or a drug screening test.
SYNTHETIC URINE
A substance that is designated to simulate the composition, chemical properties, physical appearance, or physical properties of human urine.
B. 
A person commits the offense of unlawful distribution, delivery, or sale of a drug masking product if the person unlawfully distributes, delivers, or sells a drug masking product.