Chapter 195 Drug Regulations

195.197 - Department of health and senior services, duties of.

Steven Groce, Attorney Advertisement

The department of health and senior services shall cooperate with federal and other state agencies including the board of pharmacy in discharging its responsibilities concerning traffic in controlled substances, narcotic or dangerous drugs and in suppressing the abuse of controlled substances.To this end, it is authorized to:

(1)Arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances;

(2)Coordinate and cooperate in training programs on controlled substance law enforcement at the local and state levels;

(3)Provide information to distributors and retailers to help prevent the distribution or diversion of products or substances used in the illicit manufacture of controlled substances.

(L. 1971 H.B. 69, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al.)

195.070 - Prescriptive authority.

1.A physician, podiatrist, dentist, a registered optometrist certified to administer pharmaceutical agents as provided in section 336.220, or an assistant physician in accordance with section 334.037 or a physician assistant in accordance with section 334.747 in good faith and in the course of his or her professional practice only, may prescribe, administer, and dispense controlled substances or he or she may cause the same to be administered or dispensed by an individual as authorized by statute.

2.An advanced practice registered nurse, as defined in section 335.016, but not a certified registered nurse anesthetist as defined in subdivision (8) of section 335.016, who holds a certificate of controlled substance prescriptive authority from the board of nursing under section 335.019 and who is delegated the authority to prescribe controlled substances under a collaborative practice arrangement under section 334.104 may prescribe any controlled substances listed in Schedules III, IV, and V of section 195.017, and may have restricted authority in Schedule II.Prescriptions for Schedule II medications prescribed by an advanced practice registered nurse who has a certificate of controlled substance prescriptive authority are restricted to only those medications containing hydrocodone.However, no such certified advanced practice registered nurse shall prescribe controlled substance for his or her own self or family.Schedule III narcotic controlled substance and Schedule II - hydrocodone prescriptions shall be limited to a one hundred twenty-hour supply without refill.

3.A veterinarian, in good faith and in the course of the veterinarian's professional practice only, and not for use by a human being, may prescribe, administer, and dispense controlled substances and the veterinarian may cause them to be administered by an assistant or orderly under his or her direction and supervision.

4.A practitioner shall not accept any portion of a controlled substance unused by a patient, for any reason, if such practitioner did not originally dispense the drug, except as provided in section 195.265.

5.An individual practitioner shall not prescribe or dispense a controlled substance for such practitioner's personal use except in a medical emergency.

(RSMo 1939 § 9838, A.L. 1971 H.B. 69, A.L. 1988 H.B. 1242 Revision, A.L. 1993 H.B. 564, A.L. 1997 H.B. 635, A.L. 2001 H.B. 471, A.L. 2008 S.B. 724, A.L. 2009 S.B. 296, A.L. 2014 S.B. 716 merged with S.B. 754, A.L. 2015 H.B. 709, A.L. 2018 S.B. 718 merged with S.B. 826 merged with S.B. 951)

Effective 7-06-18 (S.B. 718); 7-06-18 (S.B. 826); 8-28-18 (S.B. 951)

195.770 - Industrial hemp seed, certification program authorized — heritage seed development authorized.

1.The Missouri Crop Improvement Association, in collaboration with the department, may establish and administer a certification program for agricultural hemp seed in this state.Participation in the certification program shall be voluntary for growers and cultivators of industrial hemp.

2.The Missouri Crop Improvement Association, in collaboration with the department, may develop a Missouri heritage seed for industrial hemp.In developing a Missouri heritage seed, the department may:

(1)Breed, plant, grow, cultivate, and harvest the plant cannabis; and

(2)Collect seeds from wild cannabis plants.

(L. 2018 H.B. 2034)

195.764 - Fees, amount, use of — fund created.

1.The department may charge growers and handlers reasonable fees as determined by the department for the purposes of administering sections 195.740 to 195.773.Fees charged for purposes of administering sections 195.740 to 195.773 shall only be used to administer such sections, and shall not provide additional revenue for the department to use to administer any other program or provide staff to the department for any other program.All fees collected under sections 195.740 to 195.773 shall be deposited in the industrial hemp fund created under this section for use by the department to administer sections 195.740 to 195.773.

2.There is hereby created in the state treasury the "Industrial Hemp Fund", which shall consist of money collected under sections 195.740 to 195.773.The state treasurer shall be custodian of the fund.In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.The fund shall be a dedicated fund and money in the fund shall be used solely by the department of agriculture for the purpose of administering such sections, including reimbursing the Missouri state highway patrol for the enforcement of such sections.Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.Any interest and moneys earned on such investments shall be credited to the fund.

(L. 2018 H.B. 2034)

195.060 - Controlled substances to be dispensed on prescription only, exception.

1.Except as provided in subsection 4 of this section, a pharmacist, in good faith, may sell and dispense controlled substances to any person only upon a prescription of a practitioner as authorized by statute, provided that the controlled substances listed in Schedule V may be sold without prescription in accordance with regulations of the department of health and senior services.All written prescriptions shall be signed by the person prescribing the same.All prescriptions shall be dated on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is prescribed, and the full name, address, and the registry number under the federal controlled substances laws of the person prescribing, if he or she is required by those laws to be so registered.If the prescription is for an animal, it shall state the species of the animal for which the drug is prescribed.The person filling the prescription shall either write the date of filling and his or her own signature on the prescription or retain the date of filling and the identity of the dispenser as electronic prescription information.The prescription or electronic prescription information shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this law.No prescription for a drug in Schedule I or II shall be filled more than six months after the date prescribed; no prescription for a drug in Schedule I or II shall be refilled; no prescription for a drug in Schedule III or IV shall be filled or refilled more than six months after the date of the original prescription or be refilled more than five times unless renewed by the practitioner.

2.A pharmacist, in good faith, may sell and dispense controlled substances to any person upon a prescription of a practitioner located in another state, provided that the:

(1)Prescription was issued according to and in compliance with the applicable laws of that state and the United States; and

(2)Quantity limitations in subsection 4* of section 195.080 apply to prescriptions dispensed to patients located in this state.

3.The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in such drugs, may sell the stock to a manufacturer, wholesaler, or pharmacist, but only on an official written order.

4.A pharmacist, in good faith, may sell and dispense any Schedule II drug or drugs to any person in emergency situations as defined by rule of the department of health and senior services upon an oral prescription by an authorized practitioner.

5.Except where a bona fide physician-patient-pharmacist relationship exists, prescriptions for narcotics or hallucinogenic drugs shall not be delivered to or for an ultimate user or agent by mail or other common carrier.

(RSMo 1939 § 9837, A.L. 1957 p. 679, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2005 S.B. 74 & 49, A.L. 2010 H.B. 1965, A.L. 2012 H.B. 1563, A.L. 2014 S.B. 491)

Effective 1-01-17

*Statutory reference to subsection "2" changed to "4" to comply with section 3.060 based on renumbering within section 195.080 by S.B. 826, 2018.

195.040 - Registration requirements — revocation and suspension — review by administrative hearing commission — reapplication may be denied up to five years.

1.No registration shall be issued under section 195.030 unless and until the applicant therefor has furnished proof satisfactory to the department of health and senior services:

(1)That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character;

(2)That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his or her application.

2.No registration shall be granted to any person who has within two years been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, for any misdemeanor offense or within seven years for any felony offense related to controlled substances.No registration shall be granted to any person who is abusing controlled substances.

3.The department of health and senior services shall register an applicant to manufacture, distribute or dispense controlled substances unless it determines that the issuance of that registration would be inconsistent with the public interest.In determining the public interest, the following factors shall be considered:

(1)Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(2)Compliance with applicable state and local law;

(3)Any convictions of an applicant under any federal or state laws relating to any controlled substance;

(4)Past experience in the manufacture or distribution of controlled substances and the existence in the applicant's establishment of effective controls against diversion;

(5)Furnishing by the applicant of false or fraudulent material information in any application filed under this chapter;

(6)Suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense narcotics or controlled dangerous drugs as authorized by federal law; and

(7)Any other factors relevant to and consistent with the public health and safety.

4.Registration does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.

5.Practitioners shall be registered to dispense any controlled substance or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state.The department of health and senior services need not require separate registration under this chapter for practitioners engaging in research with nonnarcotic substances in Schedules II through V where the registrant is already registered under this chapter in another capacity.Practitioners registered under federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this state upon furnishing the department of health and senior services evidence of that federal registration.

6.Compliance by manufacturers and distributors with the provisions of federal law respecting registration, excluding fees, shall entitle them to be registered under this chapter.

7.A registration to manufacture, distribute, or dispense a controlled substance may be suspended or revoked by the department of health and senior services upon a finding that the registrant:

(1)Has furnished false or fraudulent material information in any application filed under this chapter;

(2)Has been convicted of a felony under any state or federal law relating to any controlled substance;

(3)Has had his or her federal registration to manufacture, distribute or dispense suspended or revoked;

(4)Has violated any federal controlled substances statute or regulation, or any provision of this chapter or chapter 579 or regulation promulgated under this chapter; or

(5)Has had the registrant's professional license to practice suspended or revoked.

8.The department of health and senior services may warn or censure a registrant; limit a registration to particular controlled substances or schedules of controlled substances; limit revocation or suspension of a registration to a particular controlled substance with respect to which grounds for revocation or suspension exist; restrict or limit a registration under such terms and conditions as the department of health and senior services considers appropriate for a period of five years; suspend or revoke a registration for a period not to exceed five years; or deny an application for registration.In any order of revocation, the department of health and senior services may provide that the registrant may not apply for a new registration for a period of time ranging from one to five years following the date of the order of revocation.All stay orders shall toll this time period.Any registration placed under a limitation or restriction by the department of health and senior services shall be termed "under probation".

9.If the department of health and senior services suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal by such agency and held pending final disposition of the case.No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.Upon a revocation order becoming final, all controlled substances may be forfeited to the state.

10.The department of health and senior services may, upon review, terminate any restriction or limitation previously imposed upon a registration by the department of health and senior services if the registrant has remained in compliance with the imposed restrictions or limitations and local, state and federal laws since the time the restrictions or limitations were imposed.

11.The department of health and senior services shall promptly notify the Drug Enforcement Administration, United States Department of Justice, or its successor agency, of all orders suspending or revoking registration and all forfeitures of controlled substances.

12.If after first providing the registrant an opportunity for an informal conference, the department of health and senior services proposes to deny, suspend, restrict, limit or revoke a registration or refuse a renewal of registration, the department of health and senior services shall serve upon the applicant or registrant written notice of the proposed action to be taken on the application or registration.The notice shall contain a statement of the type of discipline proposed, the basis therefor, the date such action shall go into effect and a statement that the registrant shall have thirty days to request in writing a hearing before the administrative hearing commission.If no written request for a hearing is received by the department of health and senior services within thirty days of the applicant's or registrant's receipt of the notice, the proposed discipline shall take effect thirty-one days from the date the original notice was received by the applicant or registrant.If the registrant or applicant makes a written request for a hearing, the department of health and senior services shall file a complaint with the administrative hearing commission within sixty days of receipt of the written request for a hearing.The complaint shall comply with the laws and regulations for actions brought before the administrative hearing commission.The department of health and senior services may issue letters of censure or warning and may enter into agreements with a registrant or applicant which restrict or limit a registration without formal notice or hearing.

13.The department of health and senior services may suspend any registration simultaneously with the institution of proceedings under subsection 7 of this section if the department of health and senior services finds that there is imminent danger to the public health or safety which warrants this action.The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of health and senior services, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

(RSMo 1939 § 9835, A.L. 1971 H.B. 69, A.L. 1978 S.B. 651, A.L. 1987 H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 1994 S.B. 594, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2014 S.B. 491)

Effective 1-01-17

195.140 - Forfeiture of controlled substances and drug paraphernalia, when — disposal — money, records in close proximity also forfeited, rebuttable presumption — procedure.

1.All controlled substances, imitation controlled substances or drug paraphernalia for the administration, use or manufacture of controlled substances or imitation controlled substances and which have come into the custody of a peace officer or officer or agent of the department of health and senior services as provided by this chapter or chapter 579, the lawful possession of which is not established or the title to which cannot be ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal Procedure for the courts of Missouri or some other appropriate hearing, shall be forfeited, and disposed of as follows:

(1)Except as in this section otherwise provided, the court or associate circuit judge having jurisdiction shall order such controlled substances, imitation controlled substances, or drug paraphernalia forfeited and destroyed.A record of the place where said controlled substances, imitation controlled substances, or drug paraphernalia were seized, of the kinds and quantities of controlled substances, imitation controlled substances, or drug paraphernalia so destroyed, and of the time, place and manner of destructions, shall be kept, and a return under oath, reporting the destruction of the controlled substances, imitation controlled substances, or drug paraphernalia shall be made to the court or associate circuit judge;

(2)The department of health and senior services shall keep a complete record of all controlled substances, imitation controlled substances, or drug paraphernalia received and disposed of, together with the dates of such receipt and disposal, showing the exact kinds, quantities, and forms of such controlled substances, imitation controlled substances, or drug paraphernalia; the persons from whom received and to whom delivered; and by whose authority they were received, delivered or destroyed; which record shall be open to inspection by all federal or state officers charged with the enforcement of federal and state narcotic or controlled substances laws.

2.(1)Everything of value furnished, or intended to be furnished, in exchange for a controlled substance, imitation controlled substance or drug paraphernalia in violation of this chapter or chapter 579, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, or securities used, or intended to be used, to facilitate any violation of this chapter or chapter 579, shall be forfeited, except that no property shall be forfeited under this subsection to the extent of the interest of an owner by reason of any act or omission established by him to have been committed without his or her knowledge or consent.

(2)Any moneys, coin, or currency found in close proximity to forfeitable controlled substances, imitation controlled substances, or drug paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled substances, imitation controlled substances or drug paraphernalia are presumed to be forfeitable under this subsection.The burden of proof shall be upon claimants of the property to rebut this presumption.

(3)All forfeiture proceedings shall be conducted pursuant to the provisions of sections 513.600 to 513.653.

(RSMo 1939 § 9845, A.L. 1953 p. 628, A.L. 1971 H.B. 69, A.L. 1982 S.B. 522, A.L. 1993 S.B. 180, A.L. 2004 H.B. 1427, A.L. 2014 S.B. 491)

Effective 1-01-17

(1986) This section is neither unconstitutionally broad nor unconstitutionally vague, nor does rebuttable presumption in favor of forfeiture violate due process. State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo. banc).

(1993) Where currency found in close proximity to contraband marijuana created rebuttable presumption that money was acquired from an illegal activity and defendant did not meet burden of proof to rebut presumption, forfeiture of money under section is not punitive because one who commits crime has no greater interest in fruits of crime than state.Eighth Amendment of United States prohibiting excessive fines is not applicable.State v. Meister, 866 S.W.2d 485 (Mo. App.W.D.).

(2014) To rebut presumption of forfeitability, defendant must allege facts supporting conclusion that seized property found in close proximity to controlled substance was not furnished, nor intended to be furnished, in exchange for the controlled substance and also was not used, nor intended to be used, to facilitate the criminal activity.State ex rel. Wegge v. Schrameyer, 448 S.W.3d 301 (Mo.App.E.D.).

195.244 - Advertisements to promote sale of drug paraphernalia or imitation controlled substances prohibited, penalty.

1.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.

2.It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, or to post or distribute in any public place, any advertisement or solicitation with reasonable knowledge that the purpose of the advertisement or solicitation is to promote the distribution of imitation controlled substances.

3.Any person who violates this section is guilty of a class B misdemeanor.

(L. 1989 S.B. 215 & 58)

195.740 - Definitions.

For the purposes of sections 195.740 to 195.773, the following terms shall mean:

(1)"Agricultural hemp seed", Cannabis sativa L. seed that meets any labeling, quality, or other standards set by the department of agriculture and that is intended for sale, is sold to, or is purchased by registered growers for planting;

(2)"Crop", industrial hemp grown under a single registration;

(3)"Department", the Missouri department of agriculture;

(4)"Grain", Cannabis sativa L. seed used to make an industrial hemp commodity or product;

(5)"Grower", a person, joint venture, or cooperative who is a Missouri resident or an entity that is domiciled in this state that produces industrial hemp;

(6)"Handler", a person, joint venture, or cooperative who is a Missouri resident or an entity that is domiciled in this state that receives industrial hemp for processing into commodities, products, feed, or agricultural hemp seed;

(7)"Industrial hemp plant monitoring system", a reporting system that includes, but is not limited to, testing, transfer reports, and data collection maintained by a grower or handler and available to the department for purposes of monitoring agricultural hemp seed and industrial hemp cultivated as an agricultural product from planting to final packaging.

(L. 2018 H.B. 2034)

195.015 - Authority to control.

1.The department of health and senior services shall administer this chapter and may add substances to the schedules after public notice and hearing.In making a determination regarding a substance, the department of health and senior services shall consider the following:

(1)The actual or relative potential for abuse;

(2)The scientific evidence of its pharmacological effect, if known;

(3)The state of current scientific knowledge regarding the substance;

(4)The history and current pattern of abuse;

(5)The scope, duration, and significance of abuse;

(6)The risk to the public health;

(7)The potential of the substance to produce psychic or physiological dependence liability; and

(8)Whether the substance is an immediate precursor of a substance already controlled under this chapter.

2.After considering the factors enumerated in subsection 1 of this section the department of health and senior services shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse.

3.If the department of health and senior services designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

4.If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the department of health and senior services, the department of health and senior services shall similarly control the substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty-day period, the department of health and senior services objects to inclusion, rescheduling, or deletion.In that case, the department of health and senior services shall publish the reasons for objection and afford all interested parties an opportunity to be heard.At the conclusion of the hearing, the department of health and senior services shall publish its decision, which shall be final unless altered by statute.Upon publication of objection to inclusion, rescheduling or deletion under this chapter by the department of health and senior services, control under this chapter is stayed as to the substance in question until the department of health and senior services publishes its decision.

5.The department of health and senior services shall exclude any nonnarcotic substance from a schedule if such substance may, under the federal Food, Drug, and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription.

6.The department of health and senior services shall prepare a list of all drugs falling within the purview of controlled substances.Upon preparation, a copy of the list shall be filed in the office of the secretary of state.

(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

(1975) Rescheduling of a controlled substance from schedule III to schedule II by division of health after same action on the federal level was proper and defendant's contention that the division had no authority to subtract or remove a substance was held invalid.State v. Winters (A.), 525 S.W.2d 417.

(1982) Statute providing that if substance is designated as controlled substance under federal law and notice thereof is given to division of health, the division shall also control substance unless it objects and statute does not result in an unlawful delegation of legislative authority.State v. Thompson (Mo.), 627 S.W.2d 298.

195.758 - Monitoring system, recordkeeping requirements — inspections, when — destruction of crop, when — aerial surveillance — coordination with local law enforcement.

1.Every grower or handler shall be subject to an industrial hemp plant monitoring system and shall keep industrial hemp crop and agricultural hemp seed records as required by the department.Upon three days' notice, the department may require an inspection or audit during any normal business hours for the purpose of ensuring compliance with:

(1)Any provision of sections 195.740 to 195.773;

(2)Department rules and regulations;

(3)Industrial hemp registration or agricultural hemp seed production permit requirements, terms, or conditions;

(4)Any industrial hemp plant monitoring system requirement; or

(5)A final department order directed to the grower's or handler's industrial hemp or agricultural hemp seed operations or activities.

2.In addition to any inspection conducted under subsection 1 of this section, the department may inspect any industrial hemp crop during the crop's growth phase and take a representative sample for field analysis.If a crop contains an average delta-9 tetrahydrocannabinol concentration exceeding three-tenths of one percent or the maximum concentration allowed under federal law, whichever is greater, on a dry weight basis, the department may order any grower or handler to destroy the crop.

3.If such crop is not destroyed within fifteen days of the grower or handler being notified by the department by certified mail that the crop contains concentrations exceeding those set forth in subsection 2 of this section, and directing the grower or handler to destroy the crop, such grower or handler shall be subject to a fine of five thousand dollars per day until such crop is destroyed.Such fine shall be in addition to any criminal liability the grower or handler may incur, except that no such penalty or fine shall be imposed prior to the expiration of the fifteen-day notification period.

4.The Missouri state highway patrol may perform aerial surveillance to ensure illegal industrial hemp or marijuana plants are not being cultivated on or near legal, registered industrial hemp plantings.

5.The Missouri state highway patrol may coordinate with local law enforcement agencies to certify the destruction of illegal industrial hemp and marijuana plants.

6.The department shall notify the Missouri state highway patrol and local law enforcement agencies of the need to certify that a crop of industrial hemp deemed illegal through field analysis has been destroyed.

(L. 2018 H.B. 2034)

195.005 - Comprehensive drug control act.

This chapter and chapter 579 shall be known as the "Comprehensive Drug Control Act".

(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

195.205 - Immunity from liability for seeking or obtaining medical assistance for a drug overdose, when — law enforcement to provide information and resources, when.

1.For purposes of this section, the following terms shall mean:

(1)"Drug or alcohol overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death which is the result of consumption or use of a controlled substance or alcohol or a substance with which the controlled substance or alcohol was combined, or that a person would reasonably believe to be a drug or alcohol overdose that requires medical assistance;

(2)"Medical assistance", includes, but is not limited to, reporting a drug or alcohol overdose or other medical emergency to law enforcement, the 911 system, a poison control center, or a medical provider; assisting someone so reporting; or providing care to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance.

2.A person who, in good faith, seeks or obtains medical assistance for someone who is experiencing a drug or alcohol overdose or other medical emergency or a person experiencing a drug or alcohol overdose or other medical emergency who seeks medical assistance for himself or herself or is the subject of a good faith request shall not be arrested, charged, prosecuted, convicted, or have his or her property subject to civil forfeiture or otherwise be penalized for the following if the evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking or obtaining medical assistance:

(1)Committing a prohibited act under section* 579.015, 579.074, 579.078, or 579.105;

(2)Committing a prohibited act under section* 311.310, 311.320, or 311.325;

(3)Violating a restraining order; or

(4)Violating probation or parole.

3.(1)This section shall not prohibit a police officer from arresting a person for an outstanding warrant under subsection 1 of section 221.510.

(2)This section shall not prohibit a person from being arrested, charged, or prosecuted based on an offense other than an offense under subsection 2 of this section, whether the offense arises from the same circumstances as the seeking of medical assistance.

(3)The protection of prosecution under this section for possession offenses shall not be grounds for suppression of evidence or dismissal in charges unrelated to this section.

4.Any police officer who is in contact with any person or persons in need of emergency medical assistance under this section shall provide appropriate information and resources for substance-related assistance.

(L. 2017 S.B. 501)

*Word "sections" appears in original rolls.

195.150 - Procedure upon conviction for violation.

On the conviction of any person of the violation of any provision of this chapter or chapter 579, a copy of the judgment and sentence, and of the opinion of the court or associate circuit judge, if any opinion be filed, shall be sent by the clerk of the court, or by the associate circuit judge, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice his or her profession or to carry on his or her business.On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice his or her profession or to carry on his business.On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, said board or officer may reinstate such license or registration.

(RSMo 1939 § 9846, A.L. 2014 S.B. 491)

Effective 1-01-17

195.050 - Controlled substances, legal sales, how made — records required to be kept.

1.A duly registered manufacturer or wholesaler may sell controlled substances to any of the following persons:

(1)To a manufacturer, wholesaler, or pharmacy;

(2)To a physician, dentist, podiatrist or veterinarian;

(3)To a person in charge of a hospital, but only for use in that hospital;

(4)To a person in charge of a laboratory, but only for use in that laboratory for scientific and medical purposes.

2.A duly registered manufacturer or wholesaler may sell controlled substances to any of the following persons:

(1)On a special written order accompanied by a certificate of exemption, as required by federal laws, to a person in the employ of the United States government or of any state, territorial, district, county, municipal or insular government, purchasing, receiving, possessing, or dispensing controlled substances by reason of his or her official duties;

(2)To a master of a ship or person in charge of any aircraft upon which no physician is regularly employed, for the actual medical needs of persons on board such ship or aircraft, when not in port; provided, such controlled substances shall be sold to the master of such ship or person in charge of such aircraft only in pursuance of a special order form approved by a commissioned medical officer or acting surgeon of the United States Public Health Service;

(3)To a person in a foreign country if the provisions of federal laws are complied with.

3.An official written order for any controlled substance listed in Schedules I and II shall be signed in duplicate by the person giving the order or by his or her duly authorized agent.The original shall be presented to the person who sells or dispenses the controlled substance named therein.In event of the acceptance of such order by the person, each party to the transaction shall preserve his or her copy of such order for a period of two years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter or chapter 579.It shall be deemed a compliance with this subsection if the parties to the transaction have complied with federal laws, respecting the requirements governing the use of order forms.

4.Possession of or control of controlled substances obtained as authorized by this section shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor.

5.A person in charge of a hospital or of a laboratory, or in the employ of this state or of any other state, or of any political subdivision thereof, and a master or other proper officer of a ship or aircraft, who obtains controlled substances under the provisions of this section or otherwise, shall not administer, nor dispense, nor otherwise use such drugs, within this state, except within the scope of his or her employment or official duty, and then only for scientific or medicinal purposes and subject to the provisions of this chapter and chapter 579.

6.Every person registered to manufacture, distribute or dispense controlled substances under this chapter shall keep records and inventories of all such drugs in conformance with the record keeping and inventory requirements of federal law, and in accordance with any additional regulations of the department of health and senior services.

7.Manufacturers and wholesalers shall keep records of all narcotic and controlled substances compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all controlled substances received and disposed of by them, in accordance with this section.

8.Apothecaries shall keep records of all controlled substances received and disposed of by them, in accordance with the provisions of this section.

9.The form of records shall be prescribed by the department of health and senior services.

(RSMo 1939 § 9836, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

195.400 - Reports required, exceptions, penalties — person, defined — list of regulated chemicals.

1.As used in sections 195.400 to 195.425 the term "person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

2.Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person shall submit to the department of health and senior services a report, as prescribed by the department of health and senior services, of all such transactions:

(1)Anthranilic acid, its esters and its salts;

(2)Benzyl cyanide;

(3)Ergotamine and its salts;

(4)Ergonovine and its salts;

(5)N-Acetylanthranilic acid, its esters and its salts;

(6)Phenylacetic acid, its esters and its salts;

(7)Piperidine and its salts;

(8)3,4,-Methylenedioxyphenyl-2-propanone;

(9)Acetic anhydride;

(10)Acetone;

(11)Benzyl Chloride;

(12)Ethyl ether;

(13)Hydriodic acid;

(14)Potassium permanganate;

(15)2-Butanone (or Methyl Ethyl Ketone or MEK);

(16)Toluene;

(17)Ephedrine, its salts, optical isomers, and salts of optical isomers;

(18)Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;

(19)Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;

(20)Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;

(21)Methylamine and its salts;

(22)Ethylamine and its salts;

(23)Propionic anhydride;

(24)Isosafrole;

(25)Safrole;

(26)Piperonal;

(27)N-Methylephedrine, its salts, optical isomers and salts of optical isomers;

(28)N-Methylpseudoephedrine, its salts, optical isomers and salts of optical isomers;

(29)Benzaldehyde;

(30)Nitroethane;

(31)Methyl Isobutyl Ketone (MIBK);

(32)Sulfuric acid;

(33)Iodine;

(34)Red phosphorous;

(35)Gamma butyrolactone;

(36)1,4 Butanediol.

3.The department of health and senior services by rule or regulation may add substances to or delete substances from subsection 2 of this section in the manner prescribed pursuant to section 195.017, if such substance is a component of or may be used to produce a controlled substance.

(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471, A.L. 2010 H.B. 1965)

195.100 - Labeling requirements.

1.It shall be unlawful to distribute any controlled substance in a commercial container unless such container bears a label containing an identifying symbol for such substance in accordance with federal laws.

2.It shall be unlawful for any manufacturer of any controlled substance to distribute such substance unless the labeling thereof conforms to the requirements of federal law and contains the identifying symbol required in subsection 1 of this section.

3.The label of a controlled substance in Schedule II, III or IV shall, when dispensed to or for a patient, contain a clear, concise warning that it is a criminal offense to transfer such narcotic or dangerous drug to any person other than the patient.

4.Whenever a manufacturer sells or dispenses a controlled substance and whenever a wholesaler sells or dispenses a controlled substance in a package prepared by him or her, the manufacturer or wholesaler shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled substance contained therein.No person except a pharmacist for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.

5.Whenever a pharmacist or practitioner sells or dispenses any controlled substance on a prescription issued by a physician, physician assistant, dentist, podiatrist, veterinarian, or advanced practice registered nurse, the pharmacist or practitioner shall affix to the container in which such drug is sold or dispensed a label showing his or her own name and address of the pharmacy or practitioner for whom he or she is lawfully acting; the name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal; the name of the physician, physician assistant, dentist, podiatrist, advanced practice registered nurse, or veterinarian by whom the prescription was written; the name of the collaborating physician if the prescription is written by an advanced practice registered nurse or the supervising physician if the prescription is written by a physician assistant, and such directions as may be stated on the prescription.No person shall alter, deface, or remove any label so affixed.

(RSMo 1939 § 9841, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2008 S.B. 724, A.L. 2009 S.B. 296, A.L. 2014 S.B. 491)

Effective 1-01-17

195.755 - Grower may retain seed, when.

A grower may retain seed from each industrial hemp crop to ensure a sufficient supply of seed for that grower for the following year.A grower shall not be required to obtain an agricultural hemp seed production permit in order to retain seed for future planting.Any seed retained by a grower for future planting shall not be sold or transferred and does not have to meet agricultural hemp seed standards established by the department.

(L. 2018 H.B. 2034)

195.045 - Civil immunity for persons required to report to the department of health and senior services.

Any person, organization, association or corporation who reports or provides information to the department of health and senior services pursuant to the provisions of this chapter and who does so in good faith shall not be subject to an action for civil damages as a result thereof.

(L. 1997 H.B. 635)

195.418 - Limitations on the retail sale of methamphetamine precursor drugs — violations, penalty.

1.The retail sale of methamphetamine precursor drugs shall be limited to:

(1)Sales in packages containing not more than a total of three grams of one or more methamphetamine precursor drugs, calculated in terms of ephedrine base, pseudoephedrine base and phenylpropanolamine base; and

(2)For nonliquid products, sales in blister packs, each blister containing not more than two dosage units, or where the use of blister packs is technically infeasible, sales in unit dose packets or pouches.

2.The penalty for a knowing violation of subsection 1 of this section is found in section 579.060.

(L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2014 S.B. 491)

Effective 1-01-17

195.041 - Emergencies, waiver of registration and record-keeping requirements for controlled substances, when.

In the event of an emergency as defined in section 44.010, the department of health and senior services may waive the registration and record-keeping requirements set forth in sections 195.010 to 195.100 and their attendant regulations if the department determines such a waiver would be in the best interest of the public health.

(L. 2002 S.B. 712)

195.749 - Registration and permit, revocation, refusal to issue, refusal to renew, when — penalty, amount.

1.The department may revoke, refuse to issue, or refuse to renew an industrial hemp registration or agricultural hemp seed production permit and may impose a civil penalty of not less than two thousand five hundred dollars or more than fifty thousand dollars for violation of:

(1)A registration or permit requirement, term, or condition;

(2)Department rules relating to growing or handling industrial hemp;

(3)Any industrial hemp plant monitoring system requirement; or

(4)A final order of the department that is specifically directed to the grower's or handler's industrial hemp operations or activities.

2.A registration or permit shall not be issued to a person who in the five years immediately preceding the application date has been found guilty of, or pled guilty to, a felony offense under any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance.

3.The department may revoke, refuse to issue, or refuse to renew an industrial hemp registration or an agricultural hemp seed production permit for failing to comply with any provision of this chapter, or for a violation of any department rule relating to agricultural operations or activities other than industrial hemp growing or handling.

4.The department shall refuse to issue an industrial hemp registration or agricultural hemp seed permit to any applicant if approving such registration or permit would authorize the growth or cultivation of industrial hemp or agricultural hemp seed on a plot of land that is less than ten acres or more than forty acres by any single registrant or permittee, or over two thousand acres of land statewide among all registrants or permittees, notwithstanding the twenty-acre limitation for institutions of higher education set forth in section 195.767.

(L. 2018 H.B. 2034)

195.010 - Definitions.

The following words and phrases as used in this chapter and chapter 579, unless the context otherwise requires, mean:

(1)"Acute pain", pain, whether resulting from disease, accidental or intentional trauma, or other causes, that the practitioner reasonably expects to last only a short period of time.Acute pain shall not include chronic pain, pain being treated as part of cancer care, hospice or other end-of-life care, or medication-assisted treatment for substance use disorders;

(2)"Addict", a person who habitually uses one 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 his or her addiction;

(3)"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:

(a)A practitioner (or, in his or her presence, by his or her authorized agent); or

(b)The patient or research subject at the direction and in the presence of the practitioner;

(4)"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;

(5)"Attorney for the state", any prosecuting attorney, circuit attorney, or attorney general authorized to investigate, commence and prosecute an action under this chapter;

(6)"Controlled substance", a drug, substance, or immediate precursor in Schedules I through V listed in this chapter;

(7)"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:

(a)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

(b)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. Section 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;

(8)"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;

(9)"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;

(10)"Dentist", a person authorized by law to practice dentistry in this state;

(11)"Depressant or stimulant substance":

(a)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. Section 352(d);

(b)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;

(c)Lysergic acid diethylamide; or

(d)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;

(12)"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" means a practitioner who dispenses;

(13)"Distribute", to deliver other than by administering or dispensing a controlled substance;

(14)"Distributor", a person who distributes;

(15)"Drug":

(a)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;

(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 this subdivision.It does not include devices or their components, parts or accessories;

(16)"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;

(17)"Drug enforcement agency", the Drug Enforcement Administration in the United States Department of Justice, or its successor agency;

(18)"Drug paraphernalia", all equipment, products, substances 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 this chapter or chapter 579.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)Dilutents 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 parenterally 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:

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

b.Water pipes;

c.Carburetion tubes and devices;

d.Smoking and carburetion masks;

e.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;

f.Miniature cocaine spoons and cocaine vials;

g.Chamber pipes;

h.Carburetor pipes;

i.Electric pipes;

j.Air-driven pipes;

k.Chillums;

l.Bongs;

m.Ice pipes or chillers;

(m)Substances used, intended for use, or designed for use in the manufacture of a controlled substance.

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 this chapter or chapter 579;

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 he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter or chapter 579; the innocence of an owner, or of anyone in control of the object, as to direct violation of this chapter or chapter 579 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;

(19)"Federal narcotic laws", the laws of the United States relating to controlled substances;

(20)"Hospital", a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care, for not less than twenty-four hours in any week, of three or more nonrelated individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions; or a place devoted primarily to provide, for not less than twenty-four consecutive hours in any week, medical or nursing care for three or more nonrelated individuals.The term hospital does not include convalescent, nursing, shelter or boarding homes as defined in chapter 198;

(21)"Illegal industrial hemp":

(a)All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration exceeding three-tenths of one percent on a dry weight basis;

(b)Illegal industrial hemp shall be destroyed in the most effective manner possible, and such destruction shall be verified by the Missouri state highway patrol;

(22)"Immediate precursor", a substance which:

(a)The state department of health and senior services 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;

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

(c)The control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance;

(23)"Imitation controlled substance", a substance that is not 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 (nonprescription or nonlegend) 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 noncontrolled 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.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;

(24)"Industrial hemp":

(a)All nonseed parts and varieties of the Cannabis sativa L. plant, growing or not, that contain an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater;

(b)Any Cannabis sativa L. seed that is part of a growing crop, retained by a grower for future planting, or used for processing into or use as agricultural hemp seed;

(c)Industrial hemp includes industrial hemp commodities and products and topical or ingestible animal and consumer products derived from industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(25)"Initial prescription", a prescription issued to a patient who has never previously been issued a prescription for the drug or its pharmaceutical equivalent or who was previously issued a prescription for the drug or its pharmaceutical equivalent, but the date on which the current prescription is being issued is more than five months after the date the patient last used or was administered the drug or its equivalent;

(26)"Laboratory", a laboratory approved by the department of health and senior services as proper to be entrusted with the custody of controlled substances but does not include a pharmacist who compounds controlled substances to be sold or dispensed on prescriptions;

(27)"Manufacture", the production, preparation, propagation, compounding or processing of drug paraphernalia or of a controlled substance, or an imitation controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.This term does not include the preparation or compounding of a controlled substance or an imitation controlled substance or the preparation, compounding, packaging or labeling of a narcotic or dangerous drug:

(a)By a practitioner as an incident to his or her administering or dispensing of a controlled substance or an imitation controlled substance in the course of his or her professional practice; or

(b)By a practitioner or his or her authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale;

(28)"Marijuana", all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to Cannabis Sativa L., except industrial hemp, Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether growing or not, the seeds thereof, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination;

(29)"Methamphetamine precursor drug", any drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers;

(30)"Narcotic drug", any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical analysis:

(a)Opium, opiate, and any derivative, of opium or opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.The term does not include the isoquinoline alkaloids of opium;

(b)Coca leaves, but not including extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(c)Cocaine or any salt, isomer, or salt of isomer thereof;

(d)Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof;

(e)Any compound, mixture, or preparation containing any quantity of any substance referred to in paragraphs (a) to (d) of this subdivision;

(31)"Official written order", an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the department of health and senior services;

(32)"Opiate" or "opioid", any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability.The term includes its racemic and levorotatory forms.It does not include, unless specifically controlled under section 195.017, the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts (dextromethorphan);

(33)"Opium poppy", the plant of the species Papaver somniferum L., except its seeds;

(34)"Over-the-counter sale", a retail sale licensed pursuant to chapter 144 of a drug other than a controlled substance;

(35)"Person", an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity;

(36)"Pharmacist", 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 this chapter 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 him by the pharmacy laws of this state;

(37)"Poppy straw", all parts, except the seeds, of the opium poppy, after mowing;

(38)"Possessed" or "possessing a controlled substance", a person, with the knowledge of the presence and nature of a substance, has actual or constructive possession of the substance.A person has actual possession if he has the substance on his or her person or within easy reach and convenient control.A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.Possession may also be sole or joint.If one person alone has possession of a substance possession is sole.If two or more persons share possession of a substance, possession is joint;

(39)"Practitioner", a physician, dentist, optometrist, podiatrist, veterinarian, scientific investigator, pharmacy, hospital or other person licensed, registered or otherwise permitted by this state to distribute, dispense, conduct research with respect to or administer or to use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in this state, or a pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research;

(40)"Production", includes the manufacture, planting, cultivation, growing, or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance;

(41)"Registry number", the number assigned to each person registered under the federal controlled substances laws;

(42)"Sale", includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant or employee;

(43)"State" when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America;

(44)"Synthetic cannabinoid", includes unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including but not limited to any substance listed in paragraph (ll) of subdivision (4) of subsection 2 of section 195.017 and any analogues; homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, however, it shall not include any approved pharmaceutical authorized by the United States Food and Drug Administration;

(45)"Ultimate user", a person who lawfully possesses a controlled substance or an imitation controlled substance for his or her own use or for the use of a member of his or her household or immediate family, regardless of whether they live in the same household, or for administering to an animal owned by him or by a member of his or her household.For purposes of this section, the phrase "immediate family" means a husband, wife, parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, grandparent, or grandchild;

(46)"Wholesaler", a person who supplies drug paraphernalia or controlled substances or imitation controlled substances that he himself has not produced or prepared, on official written orders, but not on prescriptions.

(RSMo 1939 § 9832, A.L. 1945 p. 957, A.L. 1953 p. 619, A.L. 1957 p. 679, A.L. 1971 H.B. 69, A.L. 1975 H.B. 438, A.L. 1982 S.B. 522, A.L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2011 H.B. 641, A.L. 2014 S.B. 491, A.L. 2018 H.B. 2034 merged with S.B. 826)

(1976) "Cannabis sativa" and "marihuana" are synonymous terms and defendant charged with sale of "cannabis sativa" could be convicted of sale of controlled substance.State v. Simpson (A.), 534 S.W.2d 568.

(1976) Term "marihuana" held synonymous with cannabis even under 1971 version of this section.State v. Morrow (A.), 535 S.W.2d 539.

(1976) Conviction cannot be had for possession of "hashish" since it by definition is a marihuana derivative, conviction must be for possession of marihuana.State v. Randall (A.), 540 S.W.2d 156.

(1987) Even though no money was exchanged before defendant was arrested for selling marijuana, instruction to jury on offense of selling marijuana was proper since acts of defendant constitute "sale" as defined by this section where defendant had made an agreement with undercover officers to deliver a set quantity for a set price and the defendant then delivered the marijuana to such officers. State v. McClintic, 731 S.W.2d 853 (Mo. App.).

195.310 - Injunction authorized.

The circuit court may exercise jurisdiction to restrain or enjoin violations of sections 195.010 to 195.320.

(L. 1971 H.B. 69)

195.265 - Disposal of unused controlled substances, permitted methods — awareness program.

1.Unused controlled substances may be accepted from ultimate users, from hospice or home health care providers on behalf of ultimate users to the extent federal law allows, or from any person lawfully entitled to dispose of a decedent's property if the decedent was an ultimate user who died while in lawful possession of a controlled substance, through:

(1)Collection receptacles, drug disposal boxes, mail-back packages, and other means by a Drug Enforcement Agency-authorized collector in accordance with federal regulations, even if the authorized collector did not originally dispense the drug; or

(2)Drug take-back programs conducted by federal, state, tribal, or local law enforcement agencies in partnership with any person or entity.

This subsection shall supersede and preempt any local ordinances or regulations, including any ordinances or regulations enacted by any political subdivision of the state, regarding the disposal of unused controlled substances.For the purposes of this section, the term "ultimate user" shall mean a person who has lawfully obtained and possesses a controlled substance for his or her own use or for the use of a member of his or her household or for an animal owned by him or her or a member of his or her household.

2.By August 28, 2019, the department of health and senior services shall develop an education and awareness program regarding drug disposal, including controlled substances.The education and awareness program may include, but not be limited to:

(1)A web-based resource that:

(a)Describes available drug disposal options, including take back, take-back events, mail-back packages, in-home disposal options that render a product safe from misuse, or any other methods that comply with state and federal laws and regulations, may reduce the availability of unused controlled substances, and may minimize the potential environmental impact of drug disposal;

(b)Provides a list of drug disposal take-back sites, which may be sorted and searched by name or location and is updated every six months by the department;

(c)Provides a list of take-back events and mail-back events in the state, including the date, time, and location information for each event and is updated every six months by the department; and

(d)Provides information for authorized collectors regarding state and federal requirements to comply with the provisions of subsection 1 of this section; and

(2)Promotional activities designed to ensure consumer awareness of proper storage and disposal of prescription drugs, including controlled substances.

(L. 2018 S.B. 718 merged with S.B. 826 merged with S.B. 951)

Effective 7-06-18 (S.B. 718); 7-06-18 (S.B. 826); 8-28-18 (S.B. 951)

195.030 - Rules, procedure — fees — registration required, exceptions, registration, term not to exceed three years.

1.The department of health and senior services upon public notice and hearing pursuant to this section and chapter 536may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.No rule or portion of a rule promulgated pursuant to the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

2.No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare, distribute, dispense or prescribe any controlled substance and no person as a wholesaler shall supply the same, without having first obtained a registration issued by the department of health and senior services in accordance with rules and regulations promulgated by it.No registration shall be granted for a term exceeding three years.

3.Persons registered by the department of health and senior services pursuant to this chapter to manufacture, distribute, or dispense or conduct research with controlled substances are authorized to possess, manufacture, distribute or dispense such substances, including any such activity in the conduct of research, to the extent authorized by their registration and in conformity with other provisions of this chapter and chapter 579.

4.The following persons shall not be required to register and may lawfully possess controlled substances pursuant to this chapter and chapter 579:

(1)An agent or employee, excluding physicians, dentists, optometrists, podiatrists or veterinarians, of any registered manufacturer, distributor, or dispenser of any controlled substance if such agent is acting in the usual course of his or her business or employment;

(2)A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

(3)An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.

5.The department of health and senior services may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if it finds it consistent with the public health and safety.

6.A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances.

7.The department of health and senior services is authorized to inspect the establishment of a registrant or applicant in accordance with the provisions of this chapter.

(RSMo 1939 § 9834, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 635, A.L. 1999 H.B. 94 merged with S.B. 216, A.L. 2014 S.B. 491)

Effective 1-01-17

195.320 - Purpose clause.

Sections 195.010 to 195.320 shall be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of this act among those states which enact it.

(L. 1971 H.B. 69)

195.375 - Warrants for administrative inspections, contents, procedures — controlled premises, defined.

1.A judge, upon proper oath or affirmation showing probable cause, may issue warrants for controlled premises for the purpose of conducting administrative inspections authorized by this chapter, and seizures of property appropriate to the inspections.For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter and chapter 579 sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

2.A warrant shall issue only upon an affidavit of a peace officer or an employee of the department of health and senior services having knowledge of the facts alleged, sworn to before the judge and establishing the grounds for issuing the warrant.If the judge is satisfied that grounds for the application exist, he or she shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and if appropriate, the type of property to be inspected, if any.The warrant shall:

(1)State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

(2)Be directed to a peace officer or to an employee of the department of health and senior services to execute it;

(3)Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

(4)Identify the item or types of property to be seized, if any;

(5)Direct that it be served during normal business hours and designate the judge to whom it shall be returned.

3.A warrant issued pursuant to this section shall be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise.If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken.The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant.A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

4.The judge who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the court which issued the warrant.The department of health and senior services may make administrative inspections of controlled premises in accordance with the following provisions:

(1)For purposes of this section only, "controlled premises" means:

(a)Places where persons registered or exempted from registration requirements under this chapter are required to keep records; and

(b)Places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance;

(2)When authorized by an administrative inspection warrant issued pursuant to this section, an officer or employee designated by the department of health and senior services, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection;

(3)When authorized by an administrative inspection warrant, an officer or employee designated by the department of health and senior services may:

(a)Inspect and copy records required by this chapter and chapter 579 to be kept;

(b)Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subdivision (5) of this subsection, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter and chapter 579; and

(c)Inventory any stock of any controlled substance therein and obtain samples thereof;

(4)This section does not prevent entries and administrative inspections, including seizures of property, without a warrant:

(a)If the owner, operator, or agent in charge of the controlled premises consents;

(b)In situations presenting imminent danger to health or safety;

(c)In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

(d)In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

(e)In all other situations in which a warrant is not constitutionally required;

(5)An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing;

(6)The department of health and senior services may obtain computerized controlled substances dispensing information via printouts, disks, tapes or other state of the art means of electronic data transfer.

5.Prescriptions, orders, and records, required by this chapter and chapter 579, and stocks of controlled substances shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to narcotic drugs.No officer having knowledge by virtue of his or her office of any such prescription, order, or record shall divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing or registration board or officer, to which prosecution or proceeding the person to whom such prescriptions, orders, or records relate is a party.

(L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

195.767 - Study of industrial hemp by institutions of higher education permitted, registration and permit required — refusal to issue, when.

1.An institution of higher education may, in collaboration with the department, engage in the study of the growth, cultivation, or marketing of industrial hemp and agricultural hemp seed.Institutions for higher education shall obtain a registration for the growth of industrial hemp, or a permit for the growth and handling of agricultural hemp seed, from the department as set forth in sections 195.746 and 195.749.

2.The department shall refuse to issue an industrial hemp registration or agricultural hemp seed permit to any institution of higher education if approving such registration or permit would authorize the growth or cultivation of industrial hemp or agricultural hemp seed by institutions of higher education on over twenty acres of land statewide, notwithstanding the two thousand-acre limitation set forth in section 195.749.Notwithstanding subsection 4 of section 195.749 to the contrary, the department may issue a registration or permit to an institution of higher education for the growth or cultivation of industrial hemp or agricultural hemp seed on a plot of land that is less than ten acres.

(L. 2018 H.B. 2034)

195.080 - Excepted substances — prescription or dispensing limitation on amount of supply, exception — may be increased by physician, procedure.

1.Except as otherwise provided in this chapter and chapter 579, this chapter and chapter 579 shall not apply to the following cases:prescribing, administering, dispensing or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain controlled substances in such combinations of drugs as to prevent the drugs from being readily extracted from such liniments, ointments, or preparations, except that this chapter and chapter 579 shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.

2.Unless otherwise provided in sections 334.037, 334.104, and 334.747, a practitioner, other than a veterinarian, shall not issue an initial prescription for more than a seven-day supply of any opioid controlled substance upon the initial consultation and treatment of a patient for acute pain.Upon any subsequent consultation for the same pain, the practitioner may issue any appropriate renewal, refill, or new prescription in compliance with the general provisions of this chapter and chapter 579.Prior to issuing an initial prescription for an opioid controlled substance, a practitioner shall consult with the patient regarding the quantity of the opioid and the patient's option to fill the prescription in a lesser quantity and shall inform the patient of the risks associated with the opioid prescribed.If, in the professional medical judgment of the practitioner, more than a seven-day supply is required to treat the patient's acute pain, the practitioner may issue a prescription for the quantity needed to treat the patient; provided, that the practitioner shall document in the patient's medical record the condition triggering the necessity for more than a seven-day supply and that a nonopioid alternative was not appropriate to address the patient's condition.The provisions of this subsection shall not apply to prescriptions for opioid controlled substances for a patient who is currently undergoing treatment for cancer, is receiving hospice care from a hospice certified under chapter 197 or palliative care, is a resident of a long-term care facility licensed under chapter 198, or is receiving treatment for substance abuse or opioid dependence.

3.A pharmacist or pharmacy shall not be subject to disciplinary action or other civil or criminal liability for dispensing or refusing to dispense medication in good faith pursuant to an otherwise valid prescription that exceeds the prescribing limits established by subsection 2 of this section.

4.Unless otherwise provided in this section, the quantity of Schedule II controlled substances prescribed or dispensed at any one time shall be limited to a thirty-day supply.The quantity of Schedule III, IV or V controlled substances prescribed or dispensed at any one time shall be limited to a ninety-day supply and shall be prescribed and dispensed in compliance with the general provisions of this chapter and chapter 579.The supply limitations provided in this subsection may be increased up to three months if the physician describes on the prescription form or indicates via telephone, fax, or electronic communication to the pharmacy to be entered on or attached to the prescription form the medical reason for requiring the larger supply.The supply limitations provided in this subsection shall not apply if:

(1)The prescription is issued by a practitioner located in another state according to and in compliance with the applicable laws of that state and the United States and dispensed to a patient located in another state; or

(2)The prescription is dispensed directly to a member of the United States Armed Forces serving outside the United States.

5.The partial filling of a prescription for a Schedule II substance is permissible as defined by regulation by the department of health and senior services.

(RSMo 1939 § 9839, A.L. 1965 p. 326, A.L. 1971 H.B. 69, A.L. 1987 H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 2005 S.B. 74 & 49, A.L. 2010 S.B. 754, A.L. 2012 H.B. 1563, A.L. 2014 S.B. 491, A.L. 2018 S.B. 826)

195.190 - Enforcement by whom.

It is hereby made the duty of the department of health and senior services, its officers, agents, inspectors, and representatives, and all peace officers within the state, and all county attorneys, to enforce all provisions of this chapter and chapter 579, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic and controlled substances.

(RSMo 1939 § 9850, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

195.773 - Department duties — rulemaking authority.

1.The department of agriculture shall execute its responsibilities relating to the cultivation of industrial hemp in the most cost-efficient manner possible, including in establishing permit and registration fees.For the purpose of testing industrial hemp for pesticides, the department shall explore the option of transporting samples from Missouri to departments of agriculture or testing laboratories in contiguous states, which participate in an agricultural pilot program authorized by the federal Agricultural Act of 2014, or any state program authorized by successor federal law.All transport between states shall be in compliance with the federal Agricultural Act of 2014, or any successor federal law, as well as any other applicable state and federal law.

2.The department shall promulgate rules necessary to administer the provisions of sections 195.740 to 195.773.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.

(L. 2018 H.B. 2034)

195.022 - Chemical substances structurally similar to Schedule I controlled substances to be treated as Schedule I controlled substance.

Any analogue or homologue of a schedule I controlled substance shall be treated, for the purposes of any state law, as a controlled substance in schedule I.

(L. 1997 H.B. 635, A.L. 2011 H.B. 641)

195.198 - Educational and research programs authorized — report, contents on effect of drugs, publication.

1.The director of the department of health and senior services shall carry out educational programs designed to prevent and deter misuse and abuse of controlled dangerous substances.In connection with such programs he or she may:

(1)Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

(2)Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

(3)Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

2.The director of the department of health and senior services shall encourage research on misuse and abuse of controlled substances.In connection with such research and in furtherance of the enforcement of this chapter and chapter 579, he or she may:

(1)Establish methods to assess accurately the effects of controlled substances including but not limited to gathering, analyzing, and publishing a report using existing data regarding poisoning episodes, arrests relating to controlled substance violations, crime laboratory determinations, department of health and senior services investigations and audits, information available from the federal Drug Enforcement Administration and Food and Drug Administration, and to identify and characterize substances with potential for abuse;

(2)Make studies and undertake programs of research to develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter and chapter 579.

3.The director of the department of health and senior services may enter into contracts for educational and research activities.

(L. 1971 H.B. 69, A.L. 1987 H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

195.253 - Public nuisances — defendants in suits to enjoin.

1.Any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place, which is resorted to for the purpose of possessing, keeping, transporting, distributing or manufacturing controlled substances shall be deemed a public nuisance.

2.The attorney general, circuit attorney or prosecuting attorney may, in addition to any criminal prosecutions, prosecute a suit in equity to enjoin the public nuisance.If the court finds that the owner of the room, building or structure knew or had reason to believe that the premises were being used for the illegal use, keeping or selling of controlled substances, the court may order that the premises shall not be occupied or used for such period as the court may determine, not to exceed one year.

3.All persons, including owners, lessees, officers, agents, inmates or employees, aiding or facilitating such a nuisance may be made defendants in any suit to enjoin the nuisance.

(L. 1989 S.B. 215 & 58)

195.206 - Opioid antagonist, sale and dispensing of by pharmacists, possession of — administration of, contacting emergency personnel — immunity from liability, when.

1.As used in this section, the following terms shall mean:

(1)"Opioid antagonist", naloxone hydrochloride that blocks the effects of an opioid overdose that is administered in a manner approved by the United States Food and Drug Administration or any accepted medical practice method of administering;

(2)"Opioid-related drug overdose", a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death resulting from the consumption or use of an opioid or other substance with which an opioid was combined or a condition that a layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

2.Notwithstanding any other law or regulation to the contrary:

(1)The director of the department of health and senior services, if a licensed physician, may issue a statewide standing order for an opioid antagonist;

(2)In the alternative, the department may employ or contract with a licensed physician who may issue a statewide standing order for an opioid antagonist with the express written consent of the department director.

3.Notwithstanding any other law or regulation to the contrary, any licensed pharmacist in Missouri may sell and dispense an opioid antagonist under physician protocol or under a statewide standing order issued under subsection 2 of this section.

4.A licensed pharmacist who, acting in good faith and with reasonable care, sells or dispenses an opioid antagonist and appropriate device to administer the drug, and the protocol physician, shall not be subject to any criminal or civil liability or any professional disciplinary action for prescribing or dispensing the opioid antagonist or any outcome resulting from the administration of the opioid antagonist.A physician issuing a statewide standing order under subsection 2 of this section shall not be subject to any criminal or civil liability or any professional disciplinary action for issuing the standing order or for any outcome related to the order or the administration of the opioid antagonist.

5.Notwithstanding any other law or regulation to the contrary, it shall be permissible for any person to possess an opioid antagonist.

6.Any person who administers an opioid antagonist to another person shall, immediately after administering the drug, contact emergency personnel.Any person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be suffering an opioid-related overdose shall be immune from criminal prosecution, disciplinary actions from his or her professional licensing board, and civil liability due to the administration of the opioid antagonist.

(L. 2016 H.B. 1568, A.L. 2017 S.B. 501)

195.016 - Nomenclature.

The controlled substances listed or to be listed in the schedules in section 195.017 are included by whatever official, common, usual, chemical, or trade name designated.

(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491)

Effective 1-01-17

195.743 - Industrial hemp agricultural pilot program created — department regulation.

1.There is hereby created an "Industrial Hemp Agricultural Pilot Program", in accordance with federal law, to be implemented by the department to study the growth, cultivation, processing, feeding, and marketing of industrial hemp.

2.Industrial hemp shall be an agricultural product that is subject to regulation by the department, including compliance with an industrial hemp plant monitoring system.

(L. 2018 H.B. 2034)

195.017 - Substances, how placed in schedules — list of scheduled substances — publication of schedules annually — electronic log of transactions to be maintained, when — certain products to be located behind pharmacy counter — exemption from requirements, when — rulemaking authority.

1.The department of health and senior services shall place a substance in Schedule I if it finds that the substance:

(1)Has high potential for abuse; and

(2)Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

2.Schedule I:

(1)The controlled substances listed in this subsection are included in Schedule I;

(2)Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:

(a)Acetyl-alpha-methylfentanyl;

(b)Acetylmethadol;

(c)Allylprodine;

(d)Alphacetylmethadol;

(e)Alphameprodine;

(f)Alphamethadol;

(g)Alpha-methylfentanyl;

(h)Alpha-methylthiofentanyl;

(i)Benzethidine;

(j)Betacetylmethadol;

(k)Beta-hydroxyfentanyl;

(l)Beta-hydroxy-3-methylfentanyl;

(m)Betameprodine;

(n)Betamethadol;

(o)Betaprodine;

(p)Clonitazene;

(q)Dextromoramide;

(r)Diampromide;

(s)Diethylthiambutene;

(t)Difenoxin;

(u)Dimenoxadol;

(v)Dimepheptanol;

(w)Dimethylthiambutene;

(x)Dioxaphetyl butyrate;

(y)Dipipanone;

(z)Ethylmethylthiambutene;

(aa)Etonitazene;

(bb)Etoxeridine;

(cc)Furethidine;

(dd)Hydroxypethidine;

(ee)Ketobemidone;

(ff)Levomoramide;

(gg)Levophenacylmorphan;

(hh)3-Methylfentanyl;

(ii)3-Methylthiofentanyl;

(jj)Morpheridine;

(kk)MPPP;

(ll)Noracymethadol;

(mm)Norlevorphanol;

(nn)Normethadone;

(oo)Norpipanone;

(pp)Para-fluorofentanyl;

(qq)PEPAP;

(rr)Phenadoxone;

(ss)Phenampromide;

(tt)Phenomorphan;

(uu)Phenoperidine;

(vv)Piritramide;

(ww)Proheptazine;

(xx)Properidine;

(yy)Propiram;

(zz)Racemoramide;

(aaa)Thiofentanyl;

(bbb)Tilidine;

(ccc)Trimeperidine;

(3)Any of the following opium derivatives, their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(a)Acetorphine;

(b)Acetyldihydrocodeine;

(c)Benzylmorphine;

(d)Codeine methylbromide;

(e)Codeine-N-Oxide;

(f)Cyprenorphine;

(g)Desomorphine;

(h)Dihydromorphine;

(i)Drotebanol;

(j)Etorphine (except hydrochloride salt);

(k)Heroin;

(l)Hydromorphinol;

(m)Methyldesorphine;

(n)Methyldihydromorphine;

(o)Morphine methylbromide;

(p)Morphine methylsulfonate;

(q)Morphine-N-Oxide;

(r)Myrophine;

(s)Nicocodeine;

(t)Nicomorphine;

(u)Normorphine;

(v)Pholcodine;

(w)Thebacon;

(4)Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a)4-bromo-2, 5-dimethoxyamphetamine;

(b)4-bromo-2, 5-dimethoxyphenethylamine;

(c)2,5-dimethoxyamphetamine;

(d)2,5-dimethoxy-4-ethylamphetamine;

(e)2,5-dimethoxy-4-(n)-propylthiophenethylamine;

(f)4-methoxyamphetamine;

(g)5-methoxy-3,4-methylenedioxyamphetamine;

(h)4-methyl-2, 5-dimethoxyamphetamine;

(i)3,4-methylenedioxyamphetamine;

(j)3,4-methylenedioxymethamphetamine;

(k)3,4-methylenedioxy-N-ethylamphetamine;

(l)N-hydroxy-3, 4-methylenedioxyamphetamine;

(m)3,4,5-trimethoxyamphetamine;

(n)5-MeO-DMT or 5-methoxy-N,N-dimethyltryptamine, its isomers, salts, and salts of isomers;

(o)Alpha-ethyltryptamine;

(p)Alpha-methyltryptamine;

(q)Bufotenine;

(r)Diethyltryptamine;

(s)Dimethyltryptamine;

(t)5-methoxy-N,N-diisopropyltryptamine;

(u)Ibogaine;

(v)Lysergic acid diethylamide;

(w)Marijuana or marihuana, except industrial hemp;

(x)Mescaline;

(y)Parahexyl;

(z)Peyote, to include all parts of the plant presently classified botanically as Lophophora Williamsil Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or extracts;

(aa)N-ethyl-3-piperidyl benzilate;

(bb)N-methyl-3-piperidyl benzilate;

(cc)Psilocybin;

(dd)Psilocyn;

(ee)Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), except industrial hemp, as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:

a.1 cis or trans tetrahydrocannabinol, and their optical isomers;

b.6 cis or trans tetrahydrocannabinol, and their optical isomers;

c.3,4 cis or trans tetrahydrocannabinol, and their optical isomers;

d.Any compounds of these structures, regardless of numerical designation of atomic positions covered;

(ff)Ethylamine analog of phencyclidine;

(gg)Pyrrolidine analog of phencyclidine;

(hh)Thiophene analog of phencyclidine;

(ii)1-[1-(2-thienyl)cyclohexyl]pyrrolidine;

(jj)Salvia divinorum;

(kk)Salvinorin A;

(ll)Synthetic cannabinoids:

a.Any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent.Including, but not limited to:

(i)JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole;

(ii)JWH-015, or 1-propyl-2-methyl-3-(1-naphthoyl)indole;

(iii)JWH-018, or 1-pentyl-3-(1-naphthoyl)indole;

(iv)JWH-019, or 1-hexyl-3-(1-naphthoyl)indole;

(v)JWH-073, or 1-butyl-3-(1-naphthoyl)indole;

(vi)JWH-081, or 1-pentyl-3-(4-methoxy-1-naphthoyl)indole;

(vii)JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;

(viii)JWH-122, or 1-pentyl-3-(4-methyl-1-naphthoyl)indole;

(ix)JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole;

(x)JWH-200, or 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole;

(xi)JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole;

(xii)JWH-398, or 1-pentyl-3-(4-chloro-1-naphthoyl)indole;

b.Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent;

c.Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent;

d.Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent.Including, but not limited to:

(i)JWH-201, or 1-pentyl-3-(4-methoxyphenylacetyl)indole;

(ii)JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole;

(iii)JWH-250, or 1-pentyl-3-(2-methoxyphenylacetyl)indole;

(iv)JWH-251, or 1-pentyl-3-(2-methylphenylacetyl)indole;

(v)RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole;

e.Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent.Including, but not limited to:

(i)CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7;

f.Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.Including, but not limited to:

(i)AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole;

(ii)RCS-4, or 1-pentyl-3-(4-methoxybenzoyl)indole;

g.CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl] oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;

h.HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10 a-tetrahydrobenzo[c]chromen-1-ol;

i.HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl )-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol;

j.CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl] oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate;

k.Dimethylheptylpyran, or DMHP;

(5)Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:

(a)Gamma-hydroxybutyric acid;

(b)Mecloqualone;

(c)Methaqualone;

(6)Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:

(a)Aminorex;

(b)N-benzylpiperazine;

(c)Cathinone;

(d)Fenethylline;

(e)3-Fluoromethcathinone;

(f)4-Fluoromethcathinone;

(g)Mephedrone, or 4-methylmethcathinone;

(h)Methcathinone;

(i)4-methoxymethcathinone;

(j)(+,-)cis-4-methylaminorex ((+,-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);

(k)Methylenedioxypyrovalerone, MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone;

(l)Methylone, or 3,4-Methylenedioxymethcathinone;

(m)4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP;

(n)N-ethylamphetamine;

(o)N,N-dimethylamphetamine;

(7)A temporary listing of substances subject to emergency scheduling under federal law shall include any material, compound, mixture or preparation which contains any quantity of the following substances:

(a)N-(1-benzyl-4-piperidyl)-N phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers;

(b)N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers;

(8)Khat, to include all parts of the plant presently classified botanically as catha edulis, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or extracts.

3.The department of health and senior services shall place a substance in Schedule II if it finds that:

(1)The substance has high potential for abuse;

(2)The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and

(3)The abuse of the substance may lead to severe psychic or physical dependence.

4.The controlled substances listed in this subsection are included in Schedule II:

(1)Any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:

(a)Opium and opiate and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone, and their respective salts but including the following:

a.Raw opium;

b.Opium extracts;

c.Opium fluid;

d.Powdered opium;

e.Granulated opium;

f.Tincture of opium;

g.Codeine;

h.Ethylmorphine;

i.Etorphine hydrochloride;

j.Hydrocodone;

k.Hydromorphone;

l.Metopon;

m.Morphine;

n.Oxycodone;

o.Oxymorphone;

p.Thebaine;

(b)Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in this subdivision, but not including the isoquinoline alkaloids of opium;

(c)Opium poppy and poppy straw;

(d)Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;

(e)Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy);

(2)Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:

(a)Alfentanil;

(b)Alphaprodine;

(c)Anileridine;

(d)Bezitramide;

(e)Bulk dextropropoxyphene;

(f)Carfentanil;

(g)Dihydrocodeine;

(h)Diphenoxylate;

(i)Fentanyl;

(j)Isomethadone;

(k)Levo-alphacetylmethadol;

(l)Levomethorphan;

(m)Levorphanol;

(n)Metazocine;

(o)Methadone;

(p)Meperidine;

(q)Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;

(r)Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;

(s)Pethidine (meperidine);

(t)Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;

(u)Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;

(v)Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid;

(w)Phenazocine;

(x)Piminodine;

(y)Racemethorphan;

(z)Racemorphan;

(aa)Remifentanil;

(bb)Sufentanil;

(cc)Tapentadol;

(3)Any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:

(a)Amphetamine, its salts, optical isomers, and salts of its optical isomers;

(b)Lisdexamfetamine, its salts, isomers, and salts of its isomers;

(c)Methamphetamine, its salts, isomers, and salts of its isomers;

(d)Phenmetrazine and its salts;

(e)Methylphenidate;

(4)Any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a)Amobarbital;

(b)Glutethimide;

(c)Pentobarbital;

(d)Phencyclidine;

(e)Secobarbital;

(5)Any material or compound which contains any quantity of nabilone;

(6)Any material, compound, mixture, or preparation which contains any quantity of the following substances:

(a)Immediate precursor to amphetamine and methamphetamine: Phenylacetone;

(b)Immediate precursors to phencyclidine (PCP):

a.1-phenylcyclohexylamine;

b.1-piperidinocyclohexanecarbonitrile (PCC);

(7)Anymaterial, compound, mixture, or preparation which contains any quantity of the following alkyl nitrites:

(a)Amyl nitrite;

(b)Butyl nitrite.

5.The department of health and senior services shall place a substance in Schedule III if it finds that:

(1)The substance has a potential for abuse less than the substances listed in Schedules I and II;

(2)The substance has currently accepted medical use in treatment in the United States; and

(3)Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

6.The controlled substances listed in this subsection are included in Schedule III:

(1)Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:

(a)Benzphetamine;

(b)Chlorphentermine;

(c)Clortermine;

(d)Phendimetrazine;

(2)Any material, compound, mixture or preparation which contains any quantity or salt of the following substances or salts having a depressant effect on the central nervous system:

(a)Any material, compound, mixture or preparation which contains any quantity or salt of the following substances combined with one or more active medicinal ingredients:

a.Amobarbital;

b.Secobarbital;

c.Pentobarbital;

(b)Any suppository dosage form containing any quantity or salt of the following:

a.Amobarbital;

b.Secobarbital;

c.Pentobarbital;

(c)Any substance which contains any quantity of a derivative of barbituric acid or its salt;

(d)Chlorhexadol;

(e)Embutramide;

(f)Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers contained in a drug product for which an application has been approved under Section 505 of the federal Food, Drug, and Cosmetic Act;

(g)Ketamine, its salts, isomers, and salts of isomers;

(h)Lysergic acid;

(i)Lysergic acid amide;

(j)Methyprylon;

(k)Sulfondiethylmethane;

(l)Sulfonethylmethane;

(m)Sulfonmethane;

(n)Tiletamine and zolazepam or any salt thereof;

(3)Nalorphine;

(4)Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or their salts:

(a)Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;

(b)Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(c)Not more than three hundred milligrams of hydrocodone per one hundred milliliters or not more than fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;

(d)Not more than three hundred milligrams of hydrocodone per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

(e)Not more than 1.8 grams of dihydrocodeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

(f)Not more than three hundred milligrams of ethylmorphine per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(g)Not more than five hundred milligrams of opium per one hundred milliliters or per one hundred grams or not more than twenty-five milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;

(h)Not more than fifty milligrams of morphine per one hundred milliliters or per one hundred grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;

(5)Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts, as set forth in subdivision (6) of this subsection; buprenorphine;

(6)Anabolic steroids.Any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that promotes muscle growth, except an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for that administration.If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subdivision.Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any quantity of the following substances, including its salts, esters and ethers:

(a)3,17-dihydroxy-5a-androstane;

(b)3,17-dihydroxy-5a-androstane;

(c)5-androstan-3,17-dione;

(d)1-androstenediol (3,17-dihydroxy-5-androst-1-ene);

(e)1-androstenediol (3,17-dihydroxy-5-androst-1-ene);

(f)4-androstenediol (3,17-dihydroxy-androst-4-ene);

(g)5-androstenediol (3,17-dihydroxy-androst-5-ene);

(h)1-androstenedione ([5]-androst-1-en-3,17-dione);

(i)4-androstenedione (androst-4-en-3,17-dione);

(j)5-androstenedione (androst-5-en-3,17-dione);

(k)Bolasterone (7, 17-dimethyl-17-hydroxyandrost-4-en-3-one);

(l)Boldenone (17-hydroxyandrost-1,4,-diene-3-one);

(m)Boldione;

(n)Calusterone (7, 17-dimethyl-17-hydroxyandrost-4-en-3-one);

(o)Clostebol (4-chloro-17-hydroxyandrost-4-en-3-one);

(p)Dehydrochloromethyltestosterone (4-chloro-17-hydroxy-17-methyl-androst-1,4-dien-3-one);

(q)Desoxymethyltestosterone;

(r)1-dihydrotestosterone (a.k.a. '1-testosterone')(17-hydroxy-5-androst-1-en-3-one);

(s)4-dihydrotestosterone (17-hydroxy-androstan-3-one);

(t)Drostanolone (17-hydroxy-2-methyl-5-androstan-3-one);

(u)Ethylestrenol (17-ethyl-17-hydroxyestr-4-ene);

(v)Fluoxymesterone (9-fluoro-17-methyl-11,17-dihydroxyandrost-4-en-3-one);

(w)Formebolone (2-formyl-17-methyl-11,17-dihydroxyandrost-1,4-dien-3-one);

(x)Furazabol (17-methyl-17-hydroxyandrostano[2,3-c]-furazan);

(y)13-ethyl-17-hydroxygon-4-en-3-one;

(z)4-hydroxytestosterone (4,17-dihydroxy-androst-4-en-3-one);

(aa)4-hydroxy-19-nortestosterone (4,17-dihydroxy-estr-4-en-3-one);

(bb)Mestanolone (17-methyl-17-hydroxy-5-androstan-3-one);

(cc)Mesterolone (1methyl-17-hydroxy-[5]-androstan-3-one);

(dd)Methandienone (17-methyl-17-hydroxyandrost-1,4-dien-3-one);

(ee)Methandriol (17-methyl-3,17-dihydroxyandrost-5-ene);

(ff)Methenolone (1-methyl-17-hydroxy-5-androst-1-en-3-one);

(gg)17-methyl-3,17-dihydroxy-5a-androstane);

(hh)17-methyl-3,17-dihydroxy-5a-androstane);

(ii)17-methyl-3,17-dihydroxyandrost-4-ene;

(jj)17-methyl-4-hydroxynandrolone (17-methyl-4-hydroxy-17-hydroxyestr-4-en-3-one);

(kk)Methyldienolone (17-methyl-17-hydroxyestra-4,9(10)-dien-3-one);

(ll)Methyltrienolone (17-methyl-17-hydroxyestra-4,9-11-trien-3-one);

(mm)Methyltestosterone (17-methyl-17-hydroxyandrost-4-en-3-one);

(nn)Mibolerone (7,17-dimethyl-17-hydroxyestr-4-en-3-one);

(oo)17-methyl-1-dihydrotestosterone (17b-hydroxy-17-methyl-5-androst-1-en-3-one) (a.k.a.'17--methyl-1-testosterone');

(pp)Nandrolone (17-hydroxyestr-4-ene-3-one);

(qq)19-nor-4-androstenediol (3,17-dihydroxyestr-4-ene);

(rr)19-nor-4-androstenediol (3,17-dihydroxyestr-4-ene);

(ss)19-nor-4,9(10)-androstadienedione;

(tt)19-nor-5-androstenediol (3,17-dihydroxyestr-5-ene);

(uu)19-nor-5-androstenediol (3,17-dihydroxyestr-5-ene);

(vv)19-nor-4-androstenedione (estr-4-en-3,17-dione);

(ww)19-nor-5-androstenedione (estr-5-en-3,17-dione);

(xx)Norbolethone (13,17-diethyl-17-hydroxygon-4-en-3-one);

(yy)Norclostebol (4-chloro-17-hydroxyestr-4-en-3-one);

(zz)Norethandrolone (17-ethyl-17-hydroxyestr-4-en-3-one);

(aaa)Normethandrolone (17-methyl-17-hydroxyestr-4-en-3-one);

(bbb)Oxandrolone (17-methyl-17-hydroxy-2-oxa-[5]-androstan-3-one);

(ccc)Oxymesterone (17-methyl-4,17-dihydroxyandrost-4-en-3-one);

(ddd)Oxymethalone (17a-methyl-2-hydroxymethylene-17-hydroxy-[5]-androstan-3-one);

(eee)Stanozolol (17-methyl-17-hydroxy-[5]-androst-2-eno[3,2-c]-pyrazole);

(fff)Stenbolone (17-hydroxy-2-methyl-[5]-androst-1-en-3-one);

(ggg)Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);

(hhh)Testosterone (17-hydroxyandrost-4-en-3-one);

(iii)Tetrahydrogestrinone (13,17-diethyl-17-hydroxygon-4,9,11-trien-3-one);

(jjj)Trenbolone (17-hydroxyestr-4,9,11-trien-3-one);

(kkk)Any salt, ester, or ether of a drug or substance described or listed in this subdivision, except an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for that administration;

(7)Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product;

(8)The department of health and senior services may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subdivisions (1) and (2) of this subsection from the application of all or any part of sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.

7.The department of health and senior services shall place a substance in Schedule IV if it finds that:

(1)The substance has a low potential for abuse relative to substances in Schedule III;

(2)The substance has currently accepted medical use in treatment in the United States; and

(3)Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

8.The controlled substances listed in this subsection are included in Schedule IV:

(1)Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:

(a)Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;

(b)Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2-propionoxybutane);

(c)Any of the following limited quantities of narcotic drugs or their salts, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

a.Not more than two hundred milligrams of codeine per one hundred milliliters or per one hundred grams;

b.Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters or per one hundred grams;

c.Not more than one hundred milligrams of ethylmorphine per one hundred milliliters or per one hundred grams;

(2)Any material, compound, mixture or preparation containing any quantity of the following substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:

(a)Alprazolam;

(b)Barbital;

(c)Bromazepam;

(d)Camazepam;

(e)Chloral betaine;

(f)Chloral hydrate;

(g)Chlordiazepoxide;

(h)Clobazam;

(i)Clonazepam;

(j)Clorazepate;

(k)Clotiazepam;

(l)Cloxazolam;

(m)Delorazepam;

(n)Diazepam;

(o)Dichloralphenazone;

(p)Estazolam;

(q)Ethchlorvynol;

(r)Ethinamate;

(s)Ethyl loflazepate;

(t)Fludiazepam;

(u)Flunitrazepam;

(v)Flurazepam;

(w)Fospropofol;

(x)Halazepam;

(y)Haloxazolam;

(z)Ketazolam;

(aa)Loprazolam;

(bb)Lorazepam;

(cc)Lormetazepam;

(dd)Mebutamate;

(ee)Medazepam;

(ff)Meprobamate;

(gg)Methohexital;

(hh)Methylphenobarbital (mephobarbital);

(ii)Midazolam;

(jj)Nimetazepam;

(kk)Nitrazepam;

(ll)Nordiazepam;

(mm)Oxazepam;

(nn)Oxazolam;

(oo)Paraldehyde;

(pp)Petrichloral;

(qq)Phenobarbital;

(rr)Pinazepam;

(ss)Prazepam;

(tt)Quazepam;

(uu)Temazepam;

(vv)Tetrazepam;

(ww)Triazolam;

(xx)Zaleplon;

(yy)Zolpidem;

(zz)Zopiclone;

(3)Any material, compound, mixture, or preparation which contains any quantity of the following substance including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible:fenfluramine;

(4)Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:

(a)Cathine ((+)-norpseudoephedrine);

(b)Diethylpropion;

(c)Fencamfamin;

(d)Fenproporex;

(e)Mazindol;

(f)Mefenorex;

(g)Modafinil;

(h)Pemoline, including organometallic complexes and chelates thereof;

(i)Phentermine;

(j)Pipradrol;

(k)Sibutramine;

(l)SPA ((-)-1-dimethyamino-1,2-diphenylethane);

(5)Any material, compound, mixture or preparation containing any quantity of the following substance, including its salts:

(a)butorphanol;

(b)pentazocine;

(6)Ephedrine, its salts, optical isomers and salts of optical isomers, when the substance is the only active medicinal ingredient;

(7)The department of health and senior services may except by rule any compound, mixture, or preparation containing any depressant substance listed in subdivision (1) of this subsection from the application of all or any part of sections 195.010 to 195.320 and sections 579.015 to 579.086 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.

9.The department of health and senior services shall place a substance in Schedule V if it finds that:

(1)The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;

(2)The substance has currently accepted medical use in treatment in the United States; and

(3)The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

10.The controlled substances listed in this subsection are included in Schedule V:

(1)Any compound, mixture or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(a)Not more than two and five-tenths milligrams of diphenoxylate and not less than twenty-five micrograms of atropine sulfate per dosage unit;

(b)Not more than one hundred milligrams of opium per one hundred milliliters or per one hundred grams;

(c)Not more than five-tenths milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;

(2)Any material, compound, mixture or preparation which contains any quantity of the following substance having a stimulant effect on the central nervous system including its salts, isomers and salts of isomers: pyrovalerone;

(3)Any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or its salts or optical isomers, or salts of optical isomers or any compound, mixture, or preparation containing any detectable quantity of ephedrine or its salts or optical isomers, or salts of optical isomers;

(4)Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:

(a)Lacosamide;

(b)Pregabalin.

11.If any compound, mixture, or preparation as specified in subdivision (3) of subsection 10 of this section is dispensed, sold, or distributed in a pharmacy without a prescription:

(1)All packages of any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical isomers, shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician; and

(2)Any person purchasing, receiving or otherwise acquiring any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical isomers shall be at least eighteen years of age; and

(3)The pharmacist, intern pharmacist, or registered pharmacy technician shall require any person, prior to such person's purchasing, receiving or otherwise acquiring such compound, mixture, or preparation to furnish suitable photo identification that is issued by a state or the federal government or a document that, with respect to identification, is considered acceptable and showing the date of birth of the person;

(4)The seller shall deliver the product directly into the custody of the purchaser.

12.Pharmacists, intern pharmacists, and registered pharmacy technicians shall implement and maintain an electronic log of each transaction.Such log shall include the following information:

(1)The name, address, and signature of the purchaser;

(2)The amount of the compound, mixture, or preparation purchased;

(3)The date and time of each purchase; and

(4)The name or initials of the pharmacist, intern pharmacist, or registered pharmacy technician who dispensed the compound, mixture, or preparation to the purchaser.

13.Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in subdivision (3) of subsection 10 of this section in accordance with transmission methods and frequency established by the department by regulation;

14.No person shall dispense, sell, purchase, receive, or otherwise acquire quantities greater than those specified in this chapter.

15.All persons who dispense or offer for sale pseudoephedrine and ephedrine products in a pharmacy shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.

16.The penalties for a knowing or reckless violation of the provisions of subsections 11 to 15 of this section are found in section 579.060.

17.The scheduling of substances specified in subdivision (3) of subsection 10 of this section and subsections 11, 12, 14, and 15 of this section shall not apply to any compounds, mixtures, or preparations that are in liquid or liquid-filled gel capsule form or to any compound, mixture, or preparation specified in subdivision (3) of subsection 10 of this section which must be dispensed, sold, or distributed in a pharmacy pursuant to a prescription.

18.The manufacturer of a drug product or another interested party may apply with the department of health and senior services for an exemption from this section.The department of health and senior services may grant an exemption by rule from this section if the department finds the drug product is not used in the illegal manufacture of methamphetamine or other controlled or dangerous substances.The department of health and senior services shall rely on reports from law enforcement and law enforcement evidentiary laboratories in determining if the proposed product can be used to manufacture illicit controlled substances.

19.The department of health and senior services shall revise and republish the schedules annually.

20.The department of health and senior services shall promulgate rules under chapter 536 regarding the security and storage of Schedule V controlled substances, as described in subdivision (3) of subsection 10 of this section, for distributors as registered by the department of health and senior services.

21.Logs of transactions required to be kept and maintained by this section and section 195.417 shall create a rebuttable presumption that the person whose name appears in the logs is the person whose transactions are recorded in the logs.

(L. 1971 H.B. 69, A.L. 1987 H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 1994 S.B. 594, A.L. 1996 H.B. 1301 & 1298, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1357, A.L. 2001 H.B. 471, A.L. 2005 H.B. 353 merged with H.B. 441 merged with S.B. 10 & 27, A.L. 2006 S.B. 756, A.L. 2008 S.B. 724, A.L. 2010 H.B. 1472, A.L. 2011 H.B. 641, A.L. 2014 S.B. 491, A.L. 2018 H.B. 2034)

(1974) Held that classification of marijuana with more dangerous drugs is not violative of equal protection or due process.State v. Burrow (Mo.), 514 S.W.2d 585.

195.417 - Limit on sale or dispensing of certain drugs, exceptions — violations, penalty.

1.The limits specified in this section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.

2.Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount:any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:

(1)The sole active ingredient; or

(2)One of the active ingredients of a combination drug; or

(3)A combination of any of the products specified in subdivisions (1) and (2) of this subsection;

in any total amount greater than nine grams, without regard to the number of transactions.

3.Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount:any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:

(1)The sole active ingredient; or

(2)One of the active ingredients of a combination drug; or

(3)A combination of any of the products specified in subdivisions (1) and (2) of this subsection;

in any total amount greater than three and six-tenths grams without regard to the number of transactions.

4.All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under section 195.017.

5.Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this section in accordance with transmission methods and frequency established by the department by regulation.

6.This section shall supersede and preempt any local ordinances or regulations, including any ordinances or regulations enacted by any political subdivision of the state.This section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.

7.All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by municipal, county, and state or federal law enforcement officers whose duty it is to enforce the controlled substances laws of this state or the United States.

8.All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.

9.The penalty for a knowing or reckless violation of this section is found in section 579.060.

(L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2003 H.B. 470 merged with S.B. 39, A.L. 2005 H.B. 441 merged with S.B. 10 & 27, A.L. 2008 S.B. 724, A.L. 2014 S.B. 491)

Effective 1-01-17

195.146 - Forfeiture of controlled substances and CAFA applicable to children — arrest to include taking a child into custody.

1.Section 195.140 shall be applicable to property owned by, or in the possession of, children.

2.The procedures for the forfeiture of property under sections 513.600 and 513.645 shall be applicable to children.

3.The term "arrest", for purposes of this chapter, shall include the taking of a child into custody.

(L. 1993 H.B. 562)

195.746 - Registration and permits, requirements — application, contents — issuance, when.

1.Any grower or handler of industrial hemp shall obtain a registration from the department.Growers and handlers engaged in the production of agricultural hemp seed shall obtain an agricultural hemp seed production permit.An agricultural hemp seed production permit shall authorize a grower or handler to produce and handle agricultural hemp seed for sale to registered industrial hemp growers and handlers.The department shall make information that identifies sellers of agricultural hemp seed available to growers, and any seller of agricultural hemp seed shall ensure that the seed complies with any standards established by the department.

2.An application for an industrial hemp registration or agricultural hemp seed production permit shall include:

(1)The name and address of the applicant;

(2)The name and address of the industrial hemp or agricultural hemp seed operation;

(3)The global positioning system coordinates and legal description for the property used for the industrial hemp or agricultural hemp seed operation;

(4)The application fee, as determined by the department, in an amount sufficient to cover the administration, regulation, and enforcement costs associated with sections 195.740 to 195.773; and

(5)Any other information the department deems necessary.

3.The department shall issue a registration or permit under this section to an applicant who meets the requirements of this section and section 195.749, who satisfactorily completes a state and federal fingerprint criminal history background check under section 43.543, who signs an acknowledgment that industrial hemp is an experimental crop, and who signs a waiver that holds the department harmless in the event a lawsuit occurs or if the growth, cultivation, processing, feeding, or marketing of industrial hemp or seed is later declared illegal under federal law.The department may charge an applicant an additional fee for the cost of the fingerprint criminal history background check in addition to the registration or permit fee.

4.Upon issuance of a registration or permit, information regarding all registration and permit holders shall be forwarded to the Missouri state highway patrol.

5.An industrial hemp registration or agricultural hemp seed production permit is:

(1)Nontransferable, except such registration or permit may be transferred to a spouse or child who otherwise meets the requirements of a registrant or permittee, and the spouse or child may operate under the existing registration or permit until the registration or permit expires, at which time the renewal shall reflect the change of the registrant or permittee;

(2)Valid for a three-year term unless revoked by the department; and

(3)Renewable as determined by the department.

(L. 2018 H.B. 2034)

195.042 - Confidentiality of all complaints, investigatory reports and information, exceptions.

All complaints, investigatory reports, and information pertaining to any applicant, registrant or individual are confidential and shall only be disclosed upon written consent of the person whose records are involved or to other administrative or law enforcement agencies acting within the scope of their statutory authority.However, no applicant, registrant or individual shall have access to any complaints, investigatory reports or information concerning an investigation in progress until such time as the investigation has been completed.Information regarding identity, including names and addresses, registration, final disciplinary action taken and currency of the registration of the persons possessing registrations to conduct activities involving controlled substances and the names and addresses of the applicants shall not be confidential.This section shall not be construed to authorize the release of records, reports or other information which may be held in department files for any registrant or applicant which are subject to other specific state or federal laws concerning their disclosure.

(L. 1994 S.B. 594)

195.752 - Administrative fine, when, amount.

Any person growing industrial hemp who does not have a valid industrial hemp registration issued under section 195.746 shall be subject to an administrative fine of five hundred dollars and shall obtain a valid registration to grow industrial hemp within thirty days.If, during the thirty-day period, such person applies for and receives an industrial hemp registration, the amount of the fine imposed under this section shall be refunded in full.If, during the thirty-day period described in this section, such person fails to obtain an industrial hemp registration, the person shall be fined one thousand dollars per day until such person obtains a registration.After thirty days of failing to obtain an industrial hemp registration and an accumulation of administrative fines exceeding thirty days, such person shall destroy the industrial hemp crop.The Missouri state highway patrol shall certify such destruction to the department.

(L. 2018 H.B. 2034)

195.756 - Pesticides and agricultural chemicals, use of — limitations on liability.

Notwithstanding sections 281.050 and 281.101 to the contrary, in the growing and handling of industrial hemp consistent with sections 195.740 to 195.773, no retailer of pesticides as defined in* 7 U.S.C. Section 136, or agricultural chemicals shall be liable for the sale, application, or handling of such products by a producer or applicator in any manner or for any purpose not approved by applicable state and federal agencies.No producer or applicator may use or apply pesticides or agricultural chemicals in the growing or handling of industrial hemp except as approved by state and federal law.

(L. 2018 H.B. 2034)

*Word "at" appears in original rolls.

195.207 - Hemp extract, use of, permitted when — administration to a minor permitted, when — amount authorized.

1.As used in sections 192.945, 261.265, 261.267*, and this section, the term "hemp extract" shall mean an extract from a cannabis plant or a mixture or preparation containing cannabis plant material that:

(1)Is composed of no more than three-tenths percent tetrahydrocannabinol by weight;

(2)Is composed of at least five percent cannabidiol by weight; and

(3)Contains no other psychoactive substance.

2.Notwithstanding any other provision of this chapter, an individual who has been issued a valid hemp extract registration card under section 192.945, or is a minor under a registrant's care, and possesses or uses hemp extract is not subject to the penalties described in this chapter for possession or use of the hemp extract if the individual:

(1)Possesses or uses the hemp extract only to treat intractable epilepsy as defined in section 192.945;

(2)Originally obtained the hemp extract from a sealed container with a label indicating the hemp extract's place of origin and a number that corresponds with a certificate of analysis;

(3)Possesses, in close proximity to the hemp extract, a certificate of analysis that:

(a)Has a number that corresponds with the number on the label described in subdivision (2) of this subsection;

(b)Indicates the hemp extract's ingredients including its percentages of tetrahydrocannabinol and cannabidiol by weight;

(c)Is created by a laboratory that is not affiliated with the producer of the hemp extract and is licensed in the state where the hemp extract was produced; and

(d)Is transmitted by the laboratory to the department of health and senior services; and

(4)Has a current hemp extract registration card issued by the department of health and senior services under section 192.945.

3.Notwithstanding any other provision of this chapter, an individual who possesses hemp extract lawfully under subsection 2 of this section and administers hemp extract to a minor suffering from intractable epilepsy is not subject to the penalties described in this chapter for administering the hemp extract to the minor if:

(1)The individual is the minor's parent or legal guardian; and

(2)The individual is registered with the department of health and senior services as the minor's parent under section 192.945.

4.An individual who has been issued a valid hemp extract registration card under section 192.945, or is a minor under a registrant's care, may possess up to twenty ounces of hemp extract pursuant to this section.Subject to any rules or regulations promulgated by the department of health and senior services, an individual may apply for a waiver if a physician provides a substantial medical basis in a signed, written statement asserting that, based on the patient's medical history, in the physician's professional judgment, twenty ounces is an insufficient amount to properly alleviate the patient's medical condition or symptoms associated with such medical condition.

(L. 2014 H.B. 2238)

Effective 7-14-14

*Section 261.267 does not exist.

195.003 - Violations of chapter, defendant to pay costs of testing when found guilty.

In any case where there is a violation of this chapter, a judge may, upon a finding of guilt*, order a defendant to pay for costs for testing of the substance or substances at a private laboratory.

(L. 2003 H.B. 470 § 1 merged with S.B. 39 § 1)

*Word "guilty" appears in original rolls of S.B. 39, 2003.

195.203 - Industrial hemp, authorization to grow, harvest, cultivate, and process with valid registration.

Notwithstanding any other provision of this chapter or chapter 579 to the contrary, any person who has a valid industrial hemp registration as provided under section 195.746 may grow, harvest, cultivate, and process industrial hemp, as defined in section 195.010, in accordance with the requirements of such sections.

(L. 2018 H.B. 2034)

195.195 - Regulations, authority to promulgate, where vested.

The authority to promulgate regulations for the efficient enforcement of this chapter and chapter 579 is hereby vested in the director of the department of health and senior services subject to the provisions of subsection 1 of section 195.030 and chapter 536.The director of the department of health and senior services is hereby authorized to make regulations promulgated under this chapter conform with those promulgated under the federal Comprehensive Drug Abuse Prevention and Control Act of 1970.