§ 50-201. Drug paraphernalia.

(a)

Definitions. As used in this section, the following terms shall have the meanings given in this subsection:

(1)

Controlled substance means any drug, substance or immediate precursor, other than Marijuana, in schedules I through V listed in RSMo 195.005— 195.425, as amended.

(2)

Drugs means:

a.

Substances, other than marijuana, recognized as drugs in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary, or any supplement to any of them;

b.

Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

c.

Substances, other than food, intended to affect the structure or any function of the body of humans or animals; and

d.

Substances intended for use as a component of any article specified in subsection (a)(2)a, b or c of this section.

It does not include devices or their components, parts or accessories.

(3)

Drug paraphernalia.

a.

Drug paraphernalia means ail equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or imitation controlled substance, as defined in RSMo 195.010(22), in violation of RSMo 195.005—195.425, as amended. It includes but is not limited to:

1.

Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

2.

Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or imitation controlled substances.

3.

Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance or imitation controlled substance.

4.

Testing equipment used, intended for use or designed for use In identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or imitation controlled substances.

5.

Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances or imitation controlled substances.

6.

Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances or imitation controlled substances.

7.

Separation gins and sifters used, intended for use or designed for use In removing twigs and seeds from, or in otherwise cleaning or refining a controlled substance.

8.

Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances or imitation controlled substances.

9.

Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances or imitation controlled substances.

10.

Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances or imitation controlled substances.

11.

Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances or imitation controlled substances into the human body.

12.

Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing a controlled substance into the human body, such as:

i.

Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

ii.

Carburetion tubes and devices.

iii.

Water pipes.

iv.

Smoking and carburetion masks.

v.

Roach clips, meaning objects used to hold burning material containing a controlled substance, that has become too small or too short to be held in the hand.

vi.

Miniature cocaine spoons, and cocaine vials.

vii.

Chamber pipes.

viii.

Carburetor pipes.

ix.

Electric pipes.

x.

Air-driven pipes.

xi.

Chillums.

xii.

Bongs.

xiii.

Ice pipes or chillers.

b.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

1.

Statements by an owner or by anyone in control of the object concerning its use.

2.

Prior convictions, if any, of any owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance or imitation controlled substance.

3.

The proximity of the object, in time and space, to a direct violation of RSMo 195.005—195.425, as amended.

4.

The proximity of the object to controlled substances or imitation controlled substances.

5.

The existence of any residue, other than marijuana residue, or controlled substances or imitation controlled substances on the object.

6.

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of RSMo 195.005—195.425, as amended; the innocence of aa owner, or of anyone in control of the object, as to a direct violation of such statutes shall not prevent a finding that the object is intended for use as drug paraphernalia.

7.

Instructions, oral or written, provided with the object concerning its use.

8.

Descriptive materials accompanying the object which explain or depict its use.

9.

National or local advertising concerning its use.

10.

The manner in which the object is displayed for sale.

11.

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

12.

Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise.

13.

The existence and scope of legitimate uses for the object in the community.

14.

Expert testimony concerning its use.

(4)

Person means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture or association, or any other legal or commercial entity.

(5)

Place of display means any museum, library, school or other similar public place upon which business is not transacted for a profit.

(b)

Sale, distribution, display, advertisement, possession and use prohibited; declaration of nuisance.

(1)

It is unlawful for any person, knowing the drug-related nature of the object, to sell, lend, rent, lease, give, exchange or otherwise distribute to any person any drug paraphernalia.

(2)

It is unlawful for any person, knowing the drug-related nature of the object, to display for sale or possess with the intent to distribute any drug paraphernalia.

(3)

It is unlawful for any person to use, or to possess with intent to use, any 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 in violation of statute or ordinance.

(4)

It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(5)

The display of any drug paraphernalia at a place of display for educational or scientific purposes shall not be unlawful.

(6)

Any person found guilty of violation of this section shall be punished by imprisonment at the municipal correctional institution for not less than 15 days and not more than six months, or by a fine of not less than $100.00 and not more than $500.00, or by both such fine and imprisonment.

(7)

In addition to any penalty authorized by this section, a violation of this section is hereby deemed and declared to be a nuisance.

(Code of Gen. Ords. 1967, § 26.137; Ord. No. 51379, 7-10-80; Ord. No. 53363, 10-15-81; Ord. No. 63979, 5-4-89; Ord. No. 160962 , § 6, 1-19-17)

Cross reference

Drugs, § 34-261 et seq.