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HomeMy WebLinkAbout1981-43 - Amendments to Chapter 23 of the Criminal CodeBILL NO. I _!~3 ORDINANCE NO. ~~- ~-.~ AN ORDINANCE AR'lENDING CHAPTER 23 OF THE CRIMINAL CODE BY REPEALING SECTION 23.005 RELATIVE TO DRUGS AND ADOPTING IN LIEU THEREOF SECTION 23.005-A ENTITLED "DRUGS AND MEDICINES"; SECTION 23.005-B ENTITLED "DRUG PARAPHERNALIA"; AND SECTION 23.005-C ENTITLED "SIMULATED DRUGS OR CONTROLLED SUBSTANCES." BE IT ORDAINED BY THE BOARD OF ALDERMEN OF TfIE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. That Section 23.005 of the Criminal Code of the City of Riverside, Missouri, entitled "Drugs" is hereby repealed and Sections 23.005-A entitled "Drugs and Medicines"; 23.005-B entitled "Drug Paraphernalia"; and 23.005-C entitled "Simulated Drugs or Controlled Substances" are adopted in lieu thereof to read as follows: 23.005-A. DRUGS AND MEDICINES. No person shall manufacture, possess, deliver, have under his control, sell, prescribe, administer, dispense or compound any controlled substance, as the same is now or hereafter defined in Chapter 195 R.S.Mo. except as authorized by law. 23.005-B. DRUG PARAPHERNALIA. 1. No person, firm or corporation shall sell, offer to sell, dispense, give away or display any drug paraphernalia in -- or upon any premises which: (a) are premises open to minors under the age of 18 years of age unless the drug paraphernalia is kept in such part of the premises that is not open to view by minors and to which minors do not have access; or (b) are located within one thousand (1000) feet of a public or private elementary, junior high or high school. Provided, however, that display of any such items at any museum, school or other similar public place for educational or scientific purposes shall not be unlawful. 2. The term "Drug Paraphernalia" shall be defined as 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, testing, analyzing, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of Chapter 195, R.S.PAo., as amended. It includes, but is not limited to: (a) Kits used or intended 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; (b) Kits used or intended for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (c) Isomerization devices used or intended for use in increasing the potency of any species of plant which is a controlled substance; (d) Testing equipment used or intended for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances; (e) Scales and balances used or intended for use in weighing or measuring controlled substances; (f) Diluents and adulterants, such as quinine _ hydrochloride, mannitol, mannite, dextrose and lactose, used or intended for use in cutting controlled substances; (g) Separation gins and sifters used or intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; (h) Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances; (i) Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances; (j) Containers and other objects used or intended for use in storing or concealing controlled substances; (k) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting controlled substances into the human body; (1) Objects used or intended for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: (1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) Water pipes; (3) Carburetion tubes and devices; (4) Smoking and carburetion masks; (5) Cocaine vials; (6) Chamber pipes; (7) Carburetor pipes; (8) Electric pipes; (9) Air-driven pipes; (10) Chillums; (11) Bongs; (12) Ice pipes or chillers; 23.005-C. SIMULATED DRUGS OR CONTROLLED SUBSTAtdCES. 1. No person shall sell, deliver, or offer for sale any simulated drug or simulated controlled substance to another person. 2. For the purposes of this section, simulated drugs or simulated controlled substances means: (a) Any product which identifies itself by using a common name or slang term, similar name, similar term, or similar mark, imprint, brand, stamp or impression associated with a controlled substance; or (b) Any product which indicates on its label or accompanying promotion material that the product simulates the effect of a controlled substance. PASSED THIS /~"~f, DAY OF ,{,t~~J , 1981. G~`-~--~i~ _ MAYO ATTEST; ~~~ ~~ CITY C ERK APPROVED THIS ~ DAY OF ,{,~/~~. j , 1981. /;... OR