[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 210.1830 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 210.1830 and 210.1840 hereof.
B. 
Any person who violates any provision of Sections 210.1830 through 210.1850 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. 1994 § 205.110; Ord. No. 52 § 4(1,a), 4-3-1968]
No person in the City shall sell, give away, use or possess for any purpose whatsoever any narcotic drug, except as provided herein.
[R.O. 1994 § 205.120; Ord. No. 52 § 4(1,b), 4-3-1968]
No person in the City shall establish, contribute to, support, maintain, become an intimate of, or in any way be connected with any building or part thereof, or place or any description whatever, or permit such building or part thereof, or place of any description whatever owned by or under the control of such person to be used for the manufacture, preparation, sale, storage, smoking, or use of any narcotic drug, except as provided herein.
[R.O. 1994 § 205.130; Ord. No. 52 § 4(1,f), 4-3-1968]
All narcotic drugs in the possession of any person convicted of a violation of this Section, shall be seized by, confiscated by, and forfeited to the Chief of Police who shall make proper distribution thereof.
[R.O. 1994 § 205.140; Ord. No. 52 § 4(1,g), 4-3-1968]
Any vehicle from which seized drugs are removed, the vehicle being owned by the person convicted of a violation of this Section shall be seized by, confiscated by, and forfeited to the Chief of Police in the name of the City and subsequently sold at public auction to the highest bidder by the Sheriff of Miller County in the manner provided by law.
[R.O. 1994 § 205.150; Ord. No. 52 § 4(2), 4-3-1968]
The same provisions as applies to sale and use of "narcotic drugs" in the City of Lake Ozark shall apply to "barbiturates and other hypnotic or somnifacient drugs."
[R.O. 1994 § 205.300]
It is unlawful for any person to deliver, possess with intent to deliver, or manufacture, with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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 Sections 195.005 to 195.425, RSMo.
[R.O. 1994 § 205.346; Ord. No. 2010-16, 3-23-2010]
A. 
As used in this Section, the terms are defined, as follows:
ILLEGAL SMOKING PRODUCT
Includes any substance, whether called "Spice," "K2," tobacco, herbs, incense or any blend thereof, which includes any one (1) or more of the following chemicals:
a. 
2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol);
b. 
(dexanabinol,(6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 6a, 7,10,10a-tetrahydrobenzo[c]chromen-l-ol);
c. 
1-Pentyl-3-(1-naphthoyl)indole; or
d. 
Butyl-3-(1-naphthoyl)indole.
PERSON
A person, any form of corporation or business entity, partnership, wholesaler or retailer.
B. 
It shall be unlawful for any person within the City of Lake Ozark to distribute, deliver, sell, offer to sell, publicly display for sale or attempt to distribute, deliver or sell any illegal smoking product.
C. 
It shall be unlawful for any person to knowingly possess or have under his or her control any illegal smoking product.
D. 
Any person violating this Section shall, upon guilty plea or a finding of guilt, be punished by a fine of up to five hundred dollars ($500.00) or by imprisonment in jail for up to ninety (90) days, or by both such fine and imprisonment.
E. 
This Section shall be in effect and enforceable immediately upon its enactment by the City of Lake Ozark, Missouri.
F. 
If the State of Missouri enacts in the future a Statute that makes it a criminal offense to possession, sale, distribute or delivery any illegal smoking product as defined in this Section, then the State law will supersede this Section but any violation of this Section may be prosecuted in the Lake Ozark Municipal Court before or after the enactment of such State law.
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.