Fulton Possession or control of a controlled substance, penalty ordinance (§ 78-150)

(a) A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance or controlled substance analog, as those terms are defined in RSMo 195.010, except as authorized by RSMo chs. 579 and 195, but excluding the possession of marijuana or any synthetic cannabinoid.

(b) A person commits the offense of possession of marijuana if such person is in possession of any amount of marijuana or synthetic cannabinoid, except:

(1) A qualified patient for the patient's own personal use, in an amount no larger than the law allows in the original packaging; or

(2) A caretaker of a qualified patient, or patients, but only when transporting the medical marijuana to a qualified patient or when accompanying a qualified patient or patients and the medical marijuana is in the original packaging; or

(3) An owner or an employee of a medical marijuana facility within the enclosed building licensed as such, or when delivering directly to another medical marijuana facility.

(4) If a person has been authorized to cultivate marijuana for personal use, in lieu of keeping the marijuana in the original packaging as required in this section, the person shall keep the marijuana, when not on property under the person's control, in a container clearly marked with the patient's name and shall keep his or her cultivation card, issued by the state, on his or her person while possessing such marijuana.

(c) Definitions, as used in this chapter:

(1) The terms "marijuana," "marijuana infused products," "medical marijuana," "medical marijuana facility," "qualified patient," and "caretaker of a qualified patient" shall have the definition set forth in article XVI section 1 of the Missouri Constitution.

(2) The term "directly" shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops.

(d) In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of this section, it shall not be necessary to include any exception, excuse, proviso, or exemption contained in this section, RSMo chs. 579 and 195, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.