§ 225.010. Definitions.

For the purposes of this Chapter, the following terms and their derivations shall have the meanings given herein:

ADDICT

A person who habitually uses one (1) or more controlled substances to such an extent as to create a tolerance for such drugs, and who does not have a medical need for such drugs, or who is so far addicted to the use of such drugs as to have lost the power of self-control with reference to their addiction.

ADMINISTER

To apply a controlled substance, whether by injection, inhalation, ingestion, or any other means, directly to the body of a patient or research subject by:

1. 

A practitioner (or, in their presence, by their authorized agent); or

2. 

The patient or research subject at the direction and in the presence of the practitioner.

AGENT

An authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. The term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman while acting in the usual and lawful course of the carrier's or warehouseman's business.

APOTHECARY

A licensed pharmacist as defined by the laws of this State, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist; but nothing in Sections 195.005 to 195.425, RSMo., shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege, that is not granted to them by the pharmacy laws of this State.

ATTORNEY FOR THE STATE

Any Prosecuting Attorney, Circuit Attorney, or Attorney General authorized to investigate, commence and prosecute an action under Sections 195.005 to 195.425, RSMo.

BUREAU

The Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.

CONTROLLED SUBSTANCE

A drug, substance, or immediate precursor in Schedules I through V as defined or listed in Chapter 195, RSMo.

[Ord. No. 4638 § 1, 12-19-2016]

CONTROLLED SUBSTANCE ANALOGUE

A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and:

1. 

Which has a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or

2. 

With respect to a particular individual, which that individual represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.

The term does not include a controlled substance; any substance for which there is an approved new drug application; any substance for which an exemption is in effect for investigational use, for a particular person, under Section 505 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 355) to the extent conduct with respect to the substance is pursuant to the exemption; or any substance to the extent not intended for human consumption before such an exemption takes effect with respect to the substance.

COUNTERFEIT SUBSTANCE

A controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance.

DELIVER or DELIVERY

The actual, constructive, or attempted transfer from one person to another of drug paraphernalia or of a controlled substance, or an imitation controlled substance, whether or not there is an agency relationship, and includes a sale.

DENTIST

A person authorized by law to practice dentistry in this State.

DEPRESSANT OR STIMULANT SUBSTANCE

1. 

A drug containing any quantity of barbituric acid or any of the salts of barbituric acid or any derivative of barbituric acid which has been designated by the United States Secretary of Health and Human Services as habit forming under 21 U.S.C. 352(d);

2. 

A drug containing any quantity of:

a. 

Amphetamine or any of its isomers;

b. 

Any salt of amphetamine or any salt of an isomer of amphetamine; or

c. 

Any substance the United States Attorney General, after investigation, has found to be, and by regulation designated as, habit forming because of its stimulant effect on the central nervous system;

3. 

Lysergic acid diethylamide; or

4. 

Any drug containing any quantity of a substance that the United States Attorney General, after investigation, has found to have, and by regulation designated as having, a potential for abuse because of its depressant or stimulant effect on the central nervous system or its hallucinogenic effect.

DISPENSE

To deliver a narcotic or controlled dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery.

DISPENSER

A practitioner who dispenses.

DISTRIBUTE

To deliver other than by administering or dispensing a controlled substance.

DISTRIBUTOR

A person who distributes.

DRUG

1. 

Substances 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;

2. 

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

3. 

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

4. 

Substances intended for use as a component of any article specified in this definition. It does not include devices or their components, parts or accessories.

DRUG DEPENDENT PERSON

A person who is using a controlled substance and who is in a state of psychic or physical dependence, or both, arising from the use of such substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects or to avoid the discomfort caused by its absence.

DRUG PARAPHERNALIA

All equipment, products and materials of any kind which are used, intended for use, or designed 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 an imitation controlled substance in violation of Chapter 195, RSMo., or Chapter 579, RSMo.

1. 

It includes, but is not limited to:

a. 

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;

b. 

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

c. 

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 an imitation controlled substance;

d. 

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;

e. 

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

f. 

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;

g. 

Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;

h. 

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

i. 

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;

j. 

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

k. 

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

l. 

Objects used, intended for use, or designed 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) 

Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(6) 

Miniature cocaine spoons and cocaine vials;

(7) 

Chamber pipes;

(8) 

Carburetor pipes;

(9) 

Electric pipes;

(10) 

Air-driven pipes;

(11) 

Chillums;

(12) 

Bongs;

(13) 

Ice pipes or chillers;

m. 

Substances used, intended for use, or designed for use in the manufacture of a controlled substance;

2. 

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

a. 

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

b. 

Prior convictions, if any, of an owner, or of anyone in control of the object, under any State or Federal law relating to any controlled substance or imitation controlled substance;

c. 

The proximity of the object, in time and space, to a direct violation of Chapter 195, RSMo., or Chapter 579, RSMo.;

d. 

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

e. 

The existence of any residue of controlled substances or imitation controlled substances on the object;

f. 

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who they know, or should reasonably know, intend to use the object to facilitate a violation of Chapter 195, RSMo., or Chapter 579, RSMo.; the innocence of an owner, or of anyone in control of the object, as to direct violation of Chapter 195, RSMo., or Chapter 579, RSMo., shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;

g. 

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

h. 

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

i. 

National or local advertising concerning its use;

j. 

The manner in which the object is displayed for sale;

k. 

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;

l. 

Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

m. 

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

n. 

Expert testimony concerning its use;

o. 

The quantity, form or packaging of the product, substance or material in relation to the quantity, form or packaging associated with any legitimate use for the product, substance or material.

FEDERAL NARCOTIC LAWS

The laws of the United States relating to controlled substances.

HOSPITAL

A place or institution devoted primarily to the purpose of providing facilities for the diagnosis, care or treatment of sick, injured, or handicapped individuals and licensed by the department of health of Missouri in keeping with the requirements of the Hospital Licensing Law.

IMMEDIATE PRECURSOR

A substance which:

1. 

The State Department of Health has found to be and by rule designates as being the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance;

2. 

Is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance; and

3. 

The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.

IMITATION CONTROLLED SUBSTANCE

1. 

A controlled substance, which by dosage unit appearance (including color, shape, size and markings), or by representations made, would lead a reasonable person to believe that the substance is a controlled substance. In determining whether the substance is an "imitation controlled substance" the court or authority concerned should consider, in addition to all other logically relevant factors, the following:

a. 

Whether the substance was approved by the federal Food and Drug Administration for over-the-counter (non-prescription or non-legend) sales and was sold in the federal Food and Drug Administration approved package, with the federal Food and Drug Administration approved labeling information;

b. 

Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;

c. 

Whether the substance is packaged in a manner normally used for illicit controlled substances;

d. 

Prior convictions, if any, of an owner, or anyone in control of the object, under state or federal law related to controlled substances or fraud;

e. 

The proximity of the substances to controlled substances;

f. 

Whether the consideration tendered in exchange for the non-controlled substance substantially exceeds the reasonable value of the substance considering the actual chemical composition of the substance and, where applicable, the price at which over-the-counter substances of like chemical composition sell.

2. 

An imitation controlled substance does not include a non-controlled substance that was initially introduced in commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate. Furthermore, an imitation controlled substance does not include a placebo or registered investigational drug either of which was manufactured, distributed, possessed or delivered in the ordinary course of professional practice or research.

PERSON

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

PLACE OF DISPLAY

Any museum, library, school or other similar public place upon which business is not transacted for a profit.

Editor's Note: See § 197.010 et seq., RSMo.

R.O. 1996 § 225.010; CC 1968 § 14-215; Ord. No. 1147 § 1, 4-12-1982