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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.

Sections 195.005 to 195.425 shall be known as the "Comprehensive
Drug Control Act of 1989". (L. 1989 S.B. 215 & 58)

The following words and phrases as used in sections 195.005 to
195.425, unless the context otherwise requires, mean:

(1) "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 addiction;

(2) "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 presence, by his authorized agent); or

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

(3) "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;

(4) "Attorney for the state", any prosecuting attorney, circuit attorney,
or attorney general authorized to investigate, commence and prosecute an
action under sections 195.005 to 195.425;

(5) "Controlled substance", a drug, substance, or immediate precursor in
Schedules I through V listed in sections 195.005 to 195.425;

(6) "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. 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;

(7) "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;

(8) "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;

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

(10) "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. 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;

(11) "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;

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

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

(14) "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;

(15) "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;

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

(17) "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 sections 195.005 to
195.425. 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 sections 195.005 to 195.425;

(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 knows,
or should reasonably know, intend to use the object to facilitate a
violation of sections 195.005 to 195.425; the innocence of an owner, or
of anyone in control of the object, as to direct violation of sections
195.005 to 195.425 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;

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

(19) "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, RSMo;

(20) "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;

(21) "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;

(22) "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;

(23) "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 administering or dispensing
of a controlled substance or an imitation controlled substance in the
course of his professional practice, or

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

(24) "Marijuana", all parts of the plant genus Cannabis in any species or
form thereof, including, but not limited to Cannabis Sativa L., 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;

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

(26) "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;

(27) "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;

(28) "Opiate", 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);

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

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

(31) "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;

(32) "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 sections 195.005 to 195.425
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;

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

(34) "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 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;

(35) "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;

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

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

(38) "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;

(39) "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;

(40) "Ultimate user", a person who lawfully possesses a controlled
substance or an imitation controlled substance for his own use or for the
use of a member of his household or for administering to an animal owned
by him or by a member of his household;

(41) "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)

(1967) Evidence sufficient to support a conviction of illegally selling
marijuana. State v. Rice (Mo.), 419 S.W.2d 30.

(1975) Held that it is not necessary to test each leaf or grain of a
substance prior to testimony as to amount of marijuana in defendant's
possession. State v. Edwards (A.), 521 S.W.2d 474.

(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.).

(2004) Section authorizes possession of controlled substances prescribed
to another household member. State v. Blocker, 133 S.W.3d 502 (Mo.banc).

1. The department of health and senior services shall administer
sections 195.005 to 195.425 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 sections 195.005 to 195.425.

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 sections
195.005 to 195.425 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 sections 195.005 to 195.425 by the
department of health and senior services, control under sections 195.005
to 195.425 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)

(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.

The controlled substances listed or to be listed in the
schedules in sections 195.005 to 195.425 are included by whatever
official, common, usual, chemical, or trade name designated. (L. 1971
H.B. 69, A.L. 1989 S.B. 215 & 58)

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 methyl sulfonate;

(q) Morphine-N-Oxide;

(r) Morphine;

(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-brome-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-dimethoxy amphetamine;

(i) 3,4-methylenedioxyamphetamine;

(j) 3,4-methylenedioxymethamphetamine;

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

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

(m) 3,4,5-trimethoxyamphetamine;

(n) Alpha-ethyltryptamine;

(o) Benzylpiperazine or B.P.;

(p) Bufotenine;

(q) Diethyltryptamine;

(r) Dimethyltryptamine;

(s) Ibogaine;

(t) Lysergic acid diethylamide;

(u) Marijuana; (Marihuana);

(v) Mescaline;

(w) Parahexyl;

(x) 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;

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

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

(aa) Psilocybin;

(bb) Psilocyn;

(cc) Tetrahydrocannabinols;

(dd) Ethylamine analog of phencyclidine;

(ee) Pyrrolidine analog of phencyclidine;

(ff) Thiophene analog of phencyclidine;

(gg) 1-(3-Trifluoromethylphenyl)piperazine or TFMPP;

(hh) 1-(1-(2-thienyl)cyclohexyl) pyrrolidine;

(ii) Salvia divinorum;

(jj) Salvinorin A;

(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) Cathinone;

(c) Fenethylline;

(d) Methcathinone;

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

(f) N-ethylamphetamine;

(g) 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-phenyl-propanamide (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;

(c) Alpha-Methyltryptamine, or (AMT);

(d) 5-Methoxy-N,N-Diisopropyltryptamine, or(5-MeO-DIPT);

(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) Butyl nitrite;

(h) Dihydrocodeine;

(i) Diphenoxylate;

(j) Fentanyl;

(k) Isomethadone;

(l) Levo-alphacetylmethadol;

(m) Levomethorphan;

(n) Levorphanol;

(o) Metazocine;

(p) Methadone;

(q) Meperidine;

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

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

(t) Pethidine;

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

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

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

(x) Phenazocine;

(y) Piminodine;

(z) Racemethorphan;

(aa) Racemorphan;

(bb) Sufentanil;

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

(c) Phenmetrazine and its salts;

(d) 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, compound 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).

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. 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;

c. Secobarbital;

d. 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) Ketamine, its salts, isomers, and salts of isomers;

(f) Lysergic acid;

(g) Lysergic acid amide;

(h) Methyprylon;

(i) Sulfondiethylmethane;

(j) Sulfonethylmethane;

(k) Sulfonmethane;

(l) 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 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, and corticosteroids) 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 paragraph.
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, isomers and salts of isomers
whenever the existence of such salts of isomers is possible within the
specific chemical designation:

(a) Boldenone;

(b) Chlorotestosterone (4-Chlortestosterone);

(c) Clostebol;

(d) Dehydrochlormethyltestosterone;

(e) Dihydrostestosterone (4-Dihydro-testosterone);

(f) Drostanolone;

(g) Ethylestrenol;

(h) Fluoxymesterone;

(i) Formebulone (Formebolone);

(j) Mesterolone;

(k) Methandienone;

(l) Methandranone;

(m) Methandriol;

(n) Methandrostenolone;

(o) Methenolone;

(p) Methyltestosterone;

(q) Mibolerone;

(r) Nandrolone;

(s) Norethandrolone;

(t) Oxandrolone;

(u) Oxymesterone;

(v) Oxymetholone;

(w) Stanolone;

(x) Stanozolol;

(y) Testolactone;

(z) Testosterone;

(aa) Trenbolone;

(bb) Any salt, ester, or isomer of a drug or substance described or
listed in this subdivision, if that salt, ester or isomer 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;

(7) Dronabinol (synthetic) in sesame oil and encapsulated in a soft
gelatin capsule in a United States Food and Drug Administration approved
drug product. Some other names for dronabinol: (6aR-trans)-6a,7,8,10a-
tetrahydro-6.6.9-trimethyl-3-pentyl-6H-dibenzo (b,d) pyran-1-ol, or (-)-
delta-9-(trans)-tetrahydracannabinol);

(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-dimethy-lamino-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) Halazepam;

(x) Haloxazolam;

(y) Ketazolam;

(z) Loprazolam;

(aa) Lorazepam;

(bb) Lormetazepam;

(cc) Mebutamate;

(dd) Medazepam;

(ee) Meprobamate;

(ff) Methohexital;

(gg) Methylphenobarbital;

(hh) Midazolam;

(ii) Nimetazepam;

(jj) Nitrazepam;

(kk) Nordiazepam;

(ll) Oxazepam;

(mm) Oxazolam;

(nn) Paraldehyde;

(oo) Petrichloral;

(pp) Phenobarbital;

(qq) Pinazepam;

(rr) Prazepam;

(ss) Quazepam;

(tt) Temazepam;

(uu) Tetrazepam;

(vv) Triazolam;

(ww) Zaleplon;

(xx) Zolpidem;

(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 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.

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 or registered pharmacy technician shall require any
person purchasing, receiving or otherwise acquiring such compound,
mixture, or preparation, who is not known to the pharmacist or registered
pharmacy technician, to furnish suitable photo identification showing the
date of birth of the person.

12. Within ninety days of the enactment of this section*, pharmacists and
registered pharmacy technicians shall implement and maintain a written or
electronic log of each transaction. Such log shall include the following
information:

(1) The name and address of the purchaser;

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

(3) The date of each purchase; and

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

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

14. Within thirty days of the enactment of this section*, 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.

15. Within thirty days of the enactment of this section*, any business
entity which sells ephedrine or pseudoephedrine products in the course of
legitimate business which is in the possession of pseudoephedrine and
ephedrine products, and which does not have a state and federal
controlled substances registration, shall return these products to a
manufacturer or distributor or transfer them to an authorized controlled
substances registrant.

16. Any person who knowingly or recklessly violates the provisions of
subsections 11 to 15 of this section is guilty of a class A misdemeanor.

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.

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, RSMo, 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. (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)

*Effective 6-15-05 (H.B. 441 and S.B. 10 & 27) 8-28-05 (H.B. 353)

(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.

A controlled substance analogue shall, to the extent intended
for human consumption, be treated, for the purposes of any state law, as
a controlled substance in schedule I. (L. 1997 H.B. 635)

1. No person shall:

(1) Transport, carry, and convey any controlled substance by means of any
vessel, vehicle, or aircraft, except as authorized in sections 195.010 to
195.320;

(2) Conceal or possess any controlled substance in or upon any vessel,
vehicle or aircraft; or

(3) Use any vessel, vehicle, or aircraft to facilitate the
transportation, carriage, conveyance, concealment, receive possession,
purchase, sell, barter, exchange or giving away of any controlled
substance.

2. When used in this section the term:

(1) "Aircraft" includes every description of craft or carriage or other
contrivance used or capable of being used as a means of transportation
through air;

(2) "Vehicle" includes every description of carriage or other contrivance
used or capable of being used as a means of transportation, on, below, or
above the land, and shall include but not be limited to automobiles,
trucks, station wagons, trailers and motorcycles, but does not include
aircraft;

(3) "Vessel" includes every description of water craft or other
contrivance used or capable of being used as a means of transportation in
water, but does not include aircraft. (RSMo 1957 p. 679 § 195.220, A.L.
1971 H.B. 69)

1. The department of health and senior services upon public
notice and hearing pursuant to this section and chapter 536, RSMo, may
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,
RSMo.

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 pursuant to sections
195.005 to 195.425 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 sections 195.005
to 195.425.

4. The following persons shall not be required to register and may
lawfully possess controlled substances pursuant to sections 195.005 to
195.425:

(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 sections 195.005 to 195.425. (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)

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
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 sections 195.005 to 195.425;

(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 sections 195.005 to 195.425 for
practitioners engaging in research with nonnarcotic substances in
Schedules II through V where the registrant is already registered under
sections 195.005 to 195.425 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 sections 195.005 to 195.425.

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 sections 195.005 to 195.425;

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

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

(4) Has violated any federal controlled substances statute or regulation,
or any provision of sections 195.005 to 195.425 or regulation promulgated
pursuant to sections 195.005 to 195.425; 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 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.)

*Word "restriction" appears in original rolls.

In the event of an emergency as defined in section 44.010, RSMo,
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)

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)

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)

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 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 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 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 sections 195.005
to 195.425. 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 employment or
official duty, and then only for scientific or medicinal purposes and
subject to the provisions of sections 195.005 to 195.425.

6. Every person registered to manufacture, distribute or dispense
controlled substances under sections 195.005 to 195.425 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)

1. Except as provided in subsection 3 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 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 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. 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.

3. 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.

4. It shall be unlawful for controlled substances to be promoted or
advertised for use or sale, provided that this subsection shall not
prohibit such activity by a manufacturer, wholesaler, or their agents
directed to a physician, pharmacist or other 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)

1. A physician, podiatrist, dentist, or a registered optometrist
certified to administer pharmaceutical agents as provided in section
336.220, RSMo, 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. A veterinarian, in good faith and in the course of his professional
practice only, and not for use by a human being, may prescribe,
administer, and dispense controlled substances and he may cause them to
be administered by an assistant or orderly under his direction and
supervision.

3. 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.

4. An individual practitioner may 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)

1. Except as otherwise in sections 195.005 to 195.425
specifically provided, sections 195.005 to 195.425 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
sections 195.005 to 195.425 shall apply to all liniments, ointments, and
other preparations that contain coca leaves in any quantity or
combination.

2. 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 sections 195.005 to 195.425. 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.

3. 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)

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, he 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 sections 195.005 to 195.425,
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, dentist,
podiatrist or veterinarian, he shall affix to the container in which such
drug is sold or dispensed, a label showing his own name and address of
the pharmacy or practitioner for whom he 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, dentist,
podiatrist or veterinarian by whom the prescription was written; 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 person to whom or for whose use any controlled substance in
Schedule II has been prescribed, sold, or dispensed by a physician,
dentist, podiatrist, or pharmacist, or other person authorized under the
provisions of section 195.050 and the owner of any animal for which any
such drug has been prescribed, sold, or dispensed, by a veterinarian, may
lawfully possess it only in the container in which it was delivered to
him by the person selling or dispensing the same. (RSMo 1939 § 9842, A.L.
1971 H.B. 69, A.L. 1997 H.B. 635)

1. Any room, building, structure or inhabitable structure as
defined in section 569.010, RSMo, which is used for the illegal use,
keeping or selling of controlled substances is a "public nuisance". No
person shall keep or maintain such 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, structure or inhabitable structure knew 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.

4. It is unlawful for a person to keep or maintain such a public
nuisance. In addition to any other criminal prosecutions, the prosecuting
attorney or circuit attorney may by information or indictment charge the
owner or the occupant, or both the owner and the occupant of the room,
building, structure, or inhabitable structure with the crime of keeping
or maintaining a public nuisance. Keeping or maintaining a public
nuisance is a class C felony.

5. Upon the conviction of the owner pursuant to subsection 4 of this
section, the room, building, structure, or inhabitable structure is
subject to the provisions of sections 513.600 to 513.645, RSMo. (RSMo
1939 § 9844, A.L. 1971 H.B. 69, A.L. 1985 H.B. 488, A.L. 1989 H.B. 479)

Revisor's note: S.B. 215 & 58, enacted by the 1st Regular Session of the
85th G.A. 1989, repealed section 195.130 effective 6-19-89. H.B. 479
repealed and reenacted section 195.130 the same session, effective
8-28-89.

1. A search warrant may issue, and execution and seizure may be
had, as provided in the rules of criminal procedure for the courts of
Missouri, for any controlled substance or imitation controlled substance
unlawfully in the possession or under the control of any person, or for
any drug paraphernalia for the unauthorized administration or use of
controlled substances or imitation controlled substances in the
possession or under the control of any person.

2. Any peace officer of the state, upon making an arrest for a violation
of this chapter, shall seize without warrant any controlled substance or
imitation controlled substance or drug paraphernalia kept for the
unauthorized administration or use of a controlled substance or imitation
controlled substance in the possession or under the control of the person
or persons arrested, providing such seizure shall be made incident to the
arrest. (L. 1953 p. 625, A.L. 1971 H.B. 69, A.L. 1982 S.B. 522)

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 sections 195.010
to 195.320, 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 sections 195.010 to 195.320, 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 sections 195.010 to 195.320 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 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 513.660*, RSMo. (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)

*This section does not exist.

(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.).

(1999) Property which is presumed forfeitable under section requires
conviction of guilt before judgment of forfeiture can be entered under
Criminal Activity Forfeiture Act. State v. Eicholz, 999 S.W.2d 738
(Mo.App.W.D.).

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, RSMo, 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)

On the conviction of any person of the violation of any
provision of this law, 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 profession or to carry on
his 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 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)

1. A person may lawfully possess or have under his control a
controlled substance if such person obtained the controlled substance
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of a practitioner's professional
practice or except as otherwise authorized by sections 195.005 to 195.425.

2. In any complaint, information, or indictment, and in any action or
proceeding brought for the enforcement of any provision of sections
195.005 to 195.425, it shall not be necessary to negative any exception,
excuse, proviso, or exemption, contained in sections 195.005 to 195.425,
and the burden of proof of any such exception, excuse, proviso or
exemption, shall be upon the defendant. (RSMo 1939 § 9849, A.L. 1989 S.B.
215 & 58)

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 sections 195.005 to 195.425, 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)

The authority to promulgate regulations for the efficient
enforcement of sections 195.005 to 195.425 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, RSMo. The
director of the department of health and senior services is hereby
authorized to make regulations promulgated under sections 195.005 to
195.425 conform with those promulgated under the federal Comprehensive
Drug Abuse Prevention and Control Act of 1970. (L. 1957 p. 679 § 195.250,
A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 1993 S.B. 52)

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.)

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 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
sections 195.005 to 195.425, he 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 sections 195.005 to 195.425.

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)

1. Except as authorized by sections 195.005 to 195.425, it is
unlawful for any person to possess or have under his control a controlled
substance.

2. Any person who violates this section with respect to any controlled
substance except thirty-five grams or less of marijuana is guilty of a
class C felony.

3. Any person who violates this section with respect to not more than
thirty-five grams of marijuana is guilty of a class A misdemeanor. (L.
1989 S.B. 215 & 58)

1. A person commits the offense of fraudulently attempting to
obtain a controlled substance if he obtains or attempts to obtain a
controlled substance or procures or attempts to procure the
administration of the controlled substance by fraud, deceit,
misrepresentation, or subterfuge; or by the forgery or alteration of a
prescription or of any written order; or by the concealment of a material
fact; or by the use of a false name or the giving of a false address. The
crime of fraudulently attempting to obtain a controlled substance shall
include, but shall not be limited to nor be limited by, the following:

(1) Knowingly making a false statement in any prescription, order,
report, or record, required by sections 195.005 to 195.425;

(2) For the purpose of obtaining a controlled substance, falsely assuming
the title of, or representing oneself to be, a manufacturer, wholesaler,
pharmacist, physician, dentist, podiatrist, veterinarian, or other
authorized person;

(3) Making or uttering any false or forged prescription or false or
forged written order;

(4) Affixing any false or forged label to a package or receptacle
containing controlled substances;

(5) Possess a false or forged prescription with intent to obtain a
controlled substance.

2. Fraudulently attempting to obtain a controlled substance is a class D
felony.

3. Information communicated to a physician in an effort unlawfully to
procure a controlled substance or unlawfully to procure the
administration of any such drug shall not be deemed a privileged
communication; provided, however, that no physician or surgeon shall be
competent to testify concerning any information which he may have
acquired from any patient while attending him in a professional character
and which information was necessary to enable him to prescribe for such
patient as a physician, or to perform any act for him as a surgeon.

4. The provisions of this section shall apply to all transactions
relating to narcotic drugs under the provisions of section 195.080, in
the same way as they apply to transactions under all other sections. (L.
1989 S.B. 215 & 58, A.L. 1997 H.B. 635)

1. Except as authorized by sections 195.005 to 195.425 and
except as provided in section 195.222, it is unlawful for any person to
distribute, deliver, manufacture, produce or attempt to distribute,
deliver, manufacture or produce a controlled substance or to possess with
intent to distribute, deliver, manufacture, or produce a controlled
substance.

2. Any person who violates or attempts to violate this section with
respect to manufacturing or production of a controlled substance of any
amount except for five grams or less of marijuana in a residence where a
child resides or within two thousand feet of the real property comprising
a public or private elementary or public or private elementary or
secondary school, public vocational school or a public or private junior
college, college or university, or any school bus is guilty of a class A
felony.

3. Any person who violates or attempts to violate this section with
respect to any controlled substance except five grams or less of
marijuana is guilty of a class B felony.

4. Any person who violates this section with respect to distributing or
delivering not more than five grams of marijuana is guilty of a class C
felony. (L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al., A.L. 2003
S.B. 39)

(1991) Where defendant was sentenced to thirty years imprisonment for
selling marijuana, defendant was entitled to benefit of change in statute
which was made after trial, which lowered maximum punishment to fifteen
years imprisonment. State v. Griffin, 810 S.W.2d 956 (Mo. App.)

(1993) Offense of possession of controlled substance under section
195.202, RSMo, is not lesser included offense of manufacture of
controlled substance under this section. State v. Polk, 864 S.W.2d 1 (Mo.
App. W.D.).

(1997) Mere presence of defendant on premises accessible to the public
where contraband is found is insufficient to show drug possession. State
v. Condict, 952 S.W.2d 784 (Mo.App.S.D.).

1. A person commits the offense of unlawful distribution of a
controlled substance to a minor if he violates section 195.211 by
distributing or delivering any controlled substance to a person under
seventeen years of age who is at least two years that person's junior.

2. Unlawful distribution of a controlled substance to a minor is a class
B felony.

3. It is not a defense to a violation of this section that the defendant
did not know the age of the person to whom he was distributing or
delivering. (L. 1989 S.B. 215 & 58)

1. A person commits the crime of unlawful purchase or transport
of a controlled substance with a minor if he knowingly permits a minor
child to purchase or transport illegally obtained controlled substances.

2. Unlawful purchase or transport of a controlled substance with a minor
is a class B felony. (L. 1989 S.B. 215 & 58)

1. A person commits the offense of distribution of a controlled
substance near schools if such person violates section 195.211 by
unlawfully distributing or delivering any controlled substance to a
person in or on, or within two thousand feet of, the real property
comprising a public or private elementary or secondary school, public
vocational school, or a public or private junior college, college or
university or on any school bus.

2. Distribution of a controlled substance near schools is a class A
felony which term shall be served without probation or parole if the
court finds the defendant is a persistent drug offender. (L. 1989 S.B.
215 & 58, A.L. 1996 H.B. 1301 & 1298, A.L. 2003 S.B. 39)

1. A person commits the offense of distribution of a controlled
substance near public housing or other governmental assisted housing if
he violates section 195.211 by unlawfully distributing or delivering any
controlled substance to a person in or on, or within one thousand feet of
the real property comprising public housing or other governmental
assisted housing.

2. Distribution of a controlled substance near public housing or other
governmental assisted housing is a class A felony which term shall be
served without probation or parole if the court finds the defendant is a
persistent drug offender. (L. 1993 S.B. 180, A.L. 2003 S.B. 39)

1. A person commits the crime of unlawful endangerment of
property if, while engaged in or as a part of the enterprise for the
production of a controlled substance, he protects or attempts to protect
the production of the controlled substance by creating, setting up,
building, erecting or using any device or weapon which causes or is
intended to cause damage to the property of, or injury to, another person.

2. Unlawful endangerment of property is a class C felony, unless there is
physical injury to a person whereby the offense is a class B felony, or
there is serious physical injury to a person whereby the offense is a
class A felony. (L. 1998 H.B. 1147, et al.)

1. A person commits the crime of trafficking drugs in the first
degree if, except as authorized by sections 195.005 to 195.425, he
distributes, delivers, manufactures, produces or attempts to distribute,
deliver, manufacture or produce more than thirty grams of a mixture or
substance containing a detectable amount of heroin. Violations of this
subsection shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be sentenced to the authorized term of
imprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shall be
sentenced to the authorized term of imprisonment for a class A felony
which term shall be served without probation or parole.

2. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than one hundred fifty grams of a mixture or
substance containing a detectable amount of coca leaves, except coca
leaves and extracts of coca leaves from which cocaine, ecgonine, and
derivatives of ecgonine or their salts have been removed; cocaine salts
and their optical and geometric isomers, and salts of isomers; ecgonine,
its derivatives, their salts, isomers, and salts of isomers; or any
compound, mixture, or preparation which contains any quantity of any of
the foregoing substances. Violations of this subsection shall be punished
as follows:

(1) If the quantity involved is more than one hundred fifty grams but
less than four hundred fifty grams the person shall be sentenced to the
authorized term of imprisonment for a class A felony;

(2) If the quantity involved is four hundred fifty grams or more the
person shall be sentenced to the authorized term of imprisonment for a
class A felony which term shall be served without probation or parole.

3. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than two grams of a mixture or substance
described in subsection 2 of this section which contains cocaine base.
Violations of this subsection shall be punished as follows:

(1) If the quantity involved is more than two grams but less than six
grams the person shall be sentenced to the authorized term of
imprisonment for a class A felony;

(2) If the quantity involved is six grams or more the person shall be
sentenced to the authorized term of imprisonment for a class A felony
which term shall be served without probation or parole.

4. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than five hundred milligrams of a mixture or
substance containing a detectable amount of lysergic acid diethylamide
(LSD). Violations of this subsection shall be punished as follows:

(1) If the quantity involved is more than five hundred milligrams but
less than one gram the person shall be sentenced to the authorized term
of imprisonment for a class A felony;

(2) If the quantity involved is one gram or more the person shall be
sentenced to the authorized term of imprisonment for a class A felony
which term shall be served without probation or parole.

5. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than thirty grams of a mixture or substance
containing a detectable amount of phencyclidine (PCP). Violations of this
subsection shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be sentenced to the authorized term of
imprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more the person shall be
sentenced to the authorized term of imprisonment for a class A felony
which term shall be served without probation or parole.

6. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than four grams of phencyclidine. Violations
of this subsection shall be punished as follows:

(1) If the quantity involved is more than four grams but less than twelve
grams the person shall be sentenced to the authorized term of
imprisonment for a class A felony;

(2) If the quantity involved is twelve grams or more the person shall be
sentenced to the authorized term of imprisonment for a class A felony
which term shall be served without probation or parole.

7. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than thirty kilograms of a mixture or
substance containing marijuana. Violations of this subsection shall be
punished as follows:

(1) If the quantity involved is more than thirty kilograms but less than
one hundred kilograms the person shall be sentenced to the authorized
term of imprisonment for a class A felony;

(2) If the quantity involved is one hundred kilograms or more the person
shall be sentenced to the authorized term of imprisonment for a class A
felony which term shall be served without probation or parole.

8. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he distributes,
delivers, manufactures, produces or attempts to distribute, deliver,
manufacture or produce more than thirty grams of any material, compound,
mixture or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:
amphetamine, its salts, optical isomers and salts of its optical isomers;
methamphetamine, its salts, optical isomers and salts of its optical
isomers; phenmetrazine and its salts; or methylphenidate. Violations of
this subsection or attempts to violate this subsection shall be punished
as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be sentenced to the authorized term of
imprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if the quantity
involved was thirty grams or more and the location of the offense was
within two thousand feet of a school or public housing as defined in
section 195.214 or section 195.218 or within a motor vehicle, or any
structure or building which contains rooms furnished for the
accommodation or lodging of guests, and kept, used, maintained,
advertised, or held out to the public as a place where sleeping
accommodations are sought for pay or compensation to transient guests or
permanent guests, the person shall be sentenced to the authorized term of
imprisonment for a class A felony which term shall be served without
probation or parole.

9. A person commits the crime of trafficking drugs in the first degree
if, except as authorized by sections 195.005 to 195.425, he or she
distributes, delivers, manufactures, produces or attempts to distribute,
deliver, manufacture or produce more than thirty grams of any material,
compound, mixture or preparation which contains any quantity of 3,4-
methylenedioxymethamphetamine. Violations of this subsection or attempts
to violate this subsection shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be sentenced to the authorized term of
imprisonment for a class A felony;

(2) If the quantity involved is ninety grams or more, or if the quantity
involved was thirty grams or more and the location of the offense was
within two thousand feet of a school or public housing as defined in
section 195.214 or section 195.218 or within a motor vehicle, or any
structure or building which contains rooms furnished for the
accommodation or lodging of guests, and kept, used, maintained,
advertised, or held out to the public as a place where sleeping
accommodations are sought for pay or compensation to transient guests or
permanent guests, the person shall be sentenced to the authorized term of
imprisonment for a class A felony which term shall be served without
probation or parole. (L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al.,
A.L. 2001 H.B. 471)

CROSS REFERENCE: No bail, certain defendants, certain offenses, RSMo
544.671

1. A person commits the crime of trafficking drugs in the second
degree if, except as authorized by sections 195.005 to 195.425, he
possesses or has under his control, purchases or attempts to purchase, or
brings into this state more than thirty grams of a mixture or substance
containing a detectable amount of heroin. Violations of this subsection
shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be guilty of a class B felony;

(2) If the quantity involved is ninety grams or more the person shall be
guilty of a class A felony.

2. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than one hundred fifty grams of a mixture or substance
containing a detectable amount of coca leaves, except coca leaves and
extracts of coca leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed; cocaine salts and their
optical and geometric isomers, and salts of isomers; ecgonine, its
derivatives, their salts, isomers, and salts of isomers; or any compound,
mixture, or preparation which contains any quantity of any of the
foregoing substances. Violations of this subsection shall be punished as
follows:

(1) If the quantity involved is more than one hundred fifty grams but
less than four hundred fifty grams the person shall be guilty of a class
B felony;

(2) If the quantity involved is four hundred fifty grams or more the
person shall be guilty of a class A felony.

3. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than two grams of a mixture or substance described in
subsection 2 of this section which contains cocaine base. Violations of
this subsection shall be punished as follows:

(1) If the quantity involved is more than two grams but less than six
grams the person shall be guilty of a class B felony;

(2) If the quantity involved is six grams or more the person shall be
guilty of a class A felony.

4. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than five hundred milligrams of a mixture or substance
containing a detectable amount of lysergic acid diethylamide (LSD).
Violations of this subsection shall be punished as follows:

(1) If the quantity involved is more than five hundred milligrams but
less than one gram the person shall be guilty of a class B felony;

(2) If the quantity involved is one gram or more the person shall be
guilty of a class A felony.

5. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than thirty grams of a mixture or substance containing a
detectable amount of phencyclidine (PCP). Violations of this subsection
shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be guilty of a class B felony;

(2) If the quantity involved is ninety grams or more the person shall be
guilty of a class A felony.

6. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than four grams of phencyclidine. Violations of this
subsection shall be punished as follows:

(1) If the quantity involved is more than four grams but less than twelve
grams the person shall be guilty of a class B felony;

(2) If the quantity involved is twelve grams or more the person shall be
guilty of a class A felony.

7. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than thirty kilograms or more of a mixture or substance
containing marijuana. Violations of this subsection shall be punished as
follows:

(1) If the quantity involved is more than thirty kilograms but less than
one hundred kilograms the person shall be guilty of a class B felony;

(2) If the quantity involved is one hundred kilograms or more the person
shall be guilty of a class A felony.

8. A person commits the class A felony of trafficking drugs in the second
degree if, except as authorized by sections 195.005 to 195.425, he
possesses or has under his control, purchases or attempts to purchase, or
brings into this state more than five hundred marijuana plants.

9. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he possesses or
has under his control, purchases or attempts to purchase, or brings into
this state more than thirty grams of any material, compound, mixture or
preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system: amphetamine, its
salts, optical isomers and salts of its optical isomers; methamphetamine,
its salts, isomers and salts of its isomers; phenmetrazine and its salts;
or methylphenidate. Violations of this subsection or attempts to violate
this subsection shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be guilty of a class B felony;

(2) If the quantity involved is ninety grams or more but less than four
hundred fifty grams, the person shall be guilty of a class A felony;

(3) If the quantity involved is four hundred fifty grams or more, the
person shall be guilty of a class A felony and the term of imprisonment
shall be served without probation or parole.

10. A person commits the crime of trafficking drugs in the second degree
if, except as authorized by sections 195.005 to 195.425, he or she
possesses or has under his or her control, purchases or attempts to
purchase, or brings into this state more than thirty grams of any
material, compound, mixture or preparation which contains any quantity of
3,4- methylenedioxymethamphetamine. Violations of this subsection or
attempts to violate this subsection shall be punished as follows:

(1) If the quantity involved is more than thirty grams but less than
ninety grams the person shall be guilty of a class B felony;

(2) If the quantity involved is ninety grams or more but less than four
hundred fifty grams, the person shall be guilty of a class A felony;

(3) If the quantity involved is four hundred fifty grams or more, the
person shall be guilty of a class A felony and the term of imprisonment
shall be served without probation or parole. (L. 1989 S.B. 215 & 58, A.L.
1998 H.B. 1147, et al., A.L. 2001 H.B. 471)

1. No person shall provide any reagents, solvents or precursor
materials used in the production of a controlled substance as defined in
section 195.010 to any other person knowing that the person to whom such
materials are provided intends to use such materials for the illegal
production of a controlled substance.

2. Any person who violates the provisions of subsection 1 of this section
is guilty of a class D felony. (L. 1998 H.B. 1147, et al. § 1)

1. It is unlawful for any person to use, or to possess with
intent to use, drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest, inhale,
or otherwise introduce into the human body a controlled substance or an
imitation controlled substance in violation of sections 195.005 to
195.425.

2. A person who violates this section is guilty of a class A misdemeanor,
unless the person uses, or possesses with intent to use, the
paraphernalia in combination with each other to manufacture, compound,
produce, prepare, test or analyze amphetamine or methamphetamine or any
of their analogues in which case the violation of this section is a class
D felony. (L. 1989 S.B. 215 & 58, A.L. 1998 H.B. 1147, et al.)

1. It is unlawful for any person to deliver, possess with intent
to deliver, or manufacture, with intent to deliver, drug paraphernalia,
knowing, or under circumstances where one reasonably should know, that it
will be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or an imitation
controlled substance in violation of sections 195.005 to 195.425.

2. Possession of more than twenty-four grams of any methamphetamine
precursor drug or combination of methamphetamine precursor drugs shall be
prima facie evidence of intent to violate this section. This subsection
shall not apply to any practitioner or to any product possessed in the
course of a legitimate business.

3. A person who violates this section is guilty of a class D felony. (L.
1989 S.B. 215 & 58, A.L. 2001 H.B. 471 merged with S.B. 89 & 37)

1. It is unlawful for any person to possess an imitation
controlled substance in violation of this chapter.

2. A person who violates this section is guilty of a class A misdemeanor.
(L. 1989 S.B. 215 & 58)

1. It is unlawful for any person to deliver, possess with intent
to deliver, manufacture with intent to deliver, or cause to be delivered
any imitation controlled substance.

2. A person who violates this section is guilty of a class D felony. (L.
1989 S.B. 215 & 58)

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)

1. It is unlawful for any person to possess any methamphetamine
precursor drug with the intent to manufacture amphetamine,
methamphetamine or any of their analogs.

2. Possession of more than twenty-four grams of any methamphetamine
precursor drug or combination of methamphetamine precursor drugs shall be
prima facie evidence of intent to violate this section. This subsection
shall not apply to any practitioner or to any product possessed in the
course of a legitimate business.

3. A person who violates this section is guilty of a class D felony. (L.
1996 H.B. 1301 & 1298, A.L. 2001 H.B. 471 merged with S.B. 89 & 37)

1. It is unlawful for any person to market, sell, distribute,
advertise or label any drug product containing ephedrine, its salts,
optical isomers and salts of optical isomers, or pseudoephedrine, its
salts, optical isomers and salts of optical isomers, for indication of
stimulation, mental alertness, weight loss, appetite control, energy or
other indications not approved pursuant to the pertinent federal
over-the- counter drug Final Monograph or Tentative Final Monograph or
approved new drug application.

2. A person who violates this section is guilty of a class D felony. (L.
1996 H.B. 1301 & 1298)

1. It is unlawful for any person:

(1) Who is subject to the provisions of sections 195.005 to 195.198 to
distribute or dispense a controlled substance in violation of section
195.030;

(2) Who is a registrant, to manufacture a controlled substance not
authorized by that person's registration, or to distribute or dispense a
controlled substance not authorized by that person's registration to
another registrant or other authorized person;

(3) To refuse or fail to make, keep or furnish any record, notification,
order form, statement, invoice or information required under section
195.050.

2. Any person who violates subdivision (1) of subsection 1 of this
section or subdivision (2) of subsection 1 of this section is guilty of a
class D felony.

3. Any person who violates subdivision (3) of subsection 1 of this
section is guilty of a class A misdemeanor. (L. 1989 S.B. 215 & 58)

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)

1. It is unlawful for any manufacturer or distributor or agent
or employee of a manufacturer or distributor, having reasonable cause to
believe that a controlled substance will be used in violation of sections
195.005 to 195.425 to deliver the controlled substance.

2. Any person who violates this section is guilty of a class D felony.
(L. 1989 S.B. 215 & 58)

1. It is unlawful for any person to manufacture, deliver or
possess with intent to manufacture or deliver, a controlled substance
which, or the container or labeling of which, without authorization and
with knowledge of the nature of his actions, 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.

2. A person who violates this section is guilty of a class D felony. (L.
1989 S.B. 215 & 58)

1. The following words or phrases as used in sections 195.005 to
195.425 have the following meanings, unless the context otherwise
requires:

(1) "Prior drug offender", one who has previously pleaded guilty to or
has been found guilty of any felony offense of the laws of this state, or
of the United States, or any other state, territory or district relating
to controlled substances;

(2) "Persistent drug offender", one who has previously pleaded guilty to
or has been found guilty of two or more felony offenses of the laws of
this state or of the United States, or any other state, territory or
district relating to controlled substances.

2. Prior pleas of guilty and prior findings of guilty shall be pleaded
and proven in the same manner as required by section 558.021, RSMo.

3. The court shall not instruct the jury as to the range of punishment or
allow the jury, upon a finding of guilty, to assess and declare the
punishment as part of its verdict in cases of prior drug offenders or
persistent drug offenders.

4. The provisions of sections 195.285 to 195.296 shall not be construed
to affect and may be used in addition to the sentencing provisions of
sections 558.016 and 558.019, RSMo. (L. 1989 S.B. 215 & 58)

Any peace officer of the state of Missouri, or of any political
subdivision thereof, may, within the boundaries of the political entity
from which he derives his authority, arrest without a warrant any person
he sees violating or whom he has probable cause to believe has violated
any provision of this chapter. (L. 1971 H.B. 69)

1. Any person who has pleaded guilty to or been found guilty of
a violation of subsection 2 of section 195.202 shall be sentenced to the
authorized term of imprisonment for a class B felony if the court finds
the defendant is a prior drug offender.

2. Any person who has pleaded guilty to or been found guilty of a
violation of subsection 2 of section 195.202 shall be sentenced to the
authorized term of imprisonment for a class A felony if it finds the
defendant is a persistent drug offender. (L. 1989 S.B. 215 & 58)

1. Any person who has pleaded guilty to or been found guilty of
a violation of section 195.211, when punishable as a class B felony,
shall be sentenced to the authorized term of imprisonment for a class A
felony if the court finds the defendant is a prior drug offender.

2. Any person who has pleaded guilty to or been found guilty of a
violation of section 195.211, when punishable as a class B felony, shall
be sentenced to the authorized term of imprisonment for a class A felony
which term shall be served without probation or parole if the court finds
the defendant is a persistent drug offender. (L. 1989 S.B. 215 & 58, A.L.
1996 S.B. 830)

Any person who has pleaded guilty to or been found guilty of a
violation of section 195.212 or 195.213 shall be sentenced to the
authorized term of imprisonment for a class A felony which term shall be
served without probation or parole if the court finds the defendant is a
prior drug offender. (L. 1989 S.B. 215 & 58)

1. Any person who has pleaded guilty to or been found guilty of
violation of subdivision (1) of subsection 1 of section 195.223,
subdivision (1) of subsection 2 of section 195.223, subdivision (1) of
subsection 3 of section 195.223, subdivision (1) of subsection 4 of
section 195.223, subdivision (1) of subsection 5 of section 195.223,
subdivision (1) of subsection 6 of section 195.223, or subdivision (1) of
subsection 7 of section 195.223 shall be sentenced to the authorized term
of imprisonment for a class A felony if the court finds the defendant is
a prior drug offender.

2. Any person who has pleaded guilty to or been found guilty of a
violation of subdivision (1) of subsection 1 of section 195.223,
subdivision (1) of subsection 2 of section 195.223, subdivision (1) of
subsection 3 of section 195.223, subdivision (1) of subsection 4 of
section 195.223, subdivision (1) of subsection 5 of section 195.223,
subdivision (1) of subsection 6 of section 195.223, or subdivision (1) of
subsection 7 of section 195.223, or subdivision (1) of subsection 9 of
section 195.223 shall be sentenced to the authorized term of imprisonment
for a class A felony, which term shall be without probation or parole, if
the court finds the defendant is a persistent drug offender.

3. Any person who has pleaded guilty to or been found guilty of a
violation of subdivision (2) of subsection 1 of section 195.223,
subdivision (2) of subsection 2 of section 195.223, subdivision (2) of
subsection 3 of section 195.223, subdivision (2) of subsection 4 of
section 195.223, subdivision (2) of subsection 5 of section 195.223,
subdivision (2) of subsection 6 of section 195.223, or subdivision (2) of
subsection 7 of section 195.223 or subsection 8 of section 195.223, or
subdivision (2) of subsection 9 of section 195.223 shall be sentenced to
the authorized term of imprisonment for a class A felony, which term
shall be served without probation or parole, if the court finds the
defendant is a prior drug offender. (L. 1989 S.B. 215 & 58)

Any person who has pleaded guilty to or been found guilty of
violation of subdivision (1) of subsection 1 of section 195.222,
subdivision (1) of subsection 2 of section 195.222, subdivision (1) of
subsection 3 of section 195.222, subdivision (1) of subsection 4 of
section 195.222, subdivision (1) of subsection 5 of section 195.222,
subdivision (1) of subsection 6 of section 195.222, or subdivision (1) of
subsection 7 of section 195.222, or subdivision (1) of subsection 8 of
section 195.222 shall be sentenced to the authorized term of imprisonment
for a class A felony which term shall be served without probation or
parole if the court finds the defendant is a prior drug offender. (L.
1989 S.B. 215 & 58)

The circuit court may exercise jurisdiction to restrain or
enjoin violations of sections 195.010 to 195.320. (L. 1971 H.B. 69)

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)

It is not necessary for the state to negate any exemption or
exception in sections 195.005 to 195.425 in any complaint, information,
indictment, or other pleading or in any trial, hearing, or other
proceeding under sections 195.005 to 195.425. The burden of producing
evidence of any exemption or exception is upon the person claiming it.
(L. 1989 S.B. 215 & 58)

In the absence of proof that a person is the duly authorized
holder of an appropriate registration or order form issued under sections
195.005 to 195.425, the person is presumed not to be the holder of the
registration or form. The burden of producing evidence with respect to
the registration or order form is upon that person. (L. 1989 S.B. 215 &
58)

No criminal liability is imposed by sections 195.005 to 195.425
upon any authorized state, county, or municipal officer, lawfully engaged
in the enforcement of sections 195.005 to 195.425 in good faith. (L. 1989
S.B. 215 & 58)

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 sections 195.005 to
195.425, 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 sections 195.005 to 195.425 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 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 sections 195.005 to 195.425 are required to keep
records; and

(b) Places including factories, warehouses, establishments, and
conveyances in which persons registered or exempted from registration
requirements under sections 195.005 to 195.425 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 sections 195.005 to 195.425 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 sections 195.005 to 195.425; 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 sections 195.005 to
195.425, 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 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)

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 chemicals listed or to be listed in the schedule in subsection 2
of this section are included by whatever official, common, usual,
chemical, or trade name designated.

4. 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.

5. Any manufacturer, wholesaler, retailer or other person shall, prior to
selling, transferring, or otherwise furnishing any substance listed in
subsection 2 of this section to a person within this state, require such
person to give proper identification. For the purposes of this section
"proper identification" means:

(1) A motor vehicle operator's license or other official state-issued
identification which includes the residential or mailing address of the
person, other than a post office box number; or

(2) A letter of authorization from the business to which any of the
substances listed in subsection 2 of this section are being transferred,
which shall include the address of the business and business license
number if the business is required to have a license number; and

(3) A full description of how the substance is to be used; and

(4) The signature of the person to whom such substances are transferred.

The person selling, transferring, or otherwise furnishing any substance
listed in subsection 2 of this section shall affix his signature, to the
document which evidences that a sale or transfer has been made, as a
witness to the signature and proper identification of the person
purchasing such substance.

6. Any manufacturer, wholesaler, retailer, or other person who sells,
transfers, or otherwise furnishes any substance listed in subsection 2 of
this section to a person shall keep records and inventories of all such
chemicals 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. The department of health and senior services is authorized to inspect
the establishment of a registrant or applicant in accordance with the
provisions of sections 195.005 to 195.425.

8. This section shall not apply to any of the following:

(1) Any pharmacist, pharmacy, or other authorized person who sells or
furnishes a substance listed in subsection 2 of this section upon the
prescription or order of a physician, dentist, podiatrist or veterinarian;

(2) Any physician, optometrist, dentist, podiatrist or veterinarian who
administers, dispenses or furnishes a substance listed in subsection 2 of
this section to his or her patients within the scope of his or her
professional practice. Such administration or dispensing shall be
recorded in the patient record;

(3) Any sale, transfer, furnishing or receipt of any drug which contains
any substance listed in subsection 2 of this section and which is
lawfully sold, transferred, or furnished over the counter without a
prescription pursuant to the federal Food, Drug and Cosmetic Act or
regulations adopted thereunder.

9. (1) Any violation of subsection 5 of this section shall be a class D
felony.

(2) Any person subject to subsection 6 of this section who does not keep
records or inventory as required or who knowingly documents false or
fictitious information shall be guilty of a class D felony and subject to
a fine not exceeding ten thousand dollars.

(3) Any person who is found guilty a second time of not keeping records
or inventory as required in subsection 6 of this section or who knowingly
documents false or fictitious information shall be guilty of a class C
felony and subject to a fine not exceeding one hundred thousand dollars.
(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)

1. Any manufacturer, wholesaler, retailer, or other person who
sells, transfers, or otherwise furnishes any listed chemical specified in
subsection 2 of section 195.400 to a person in this state or who receives
from a source outside of this state any chemical specified in subsection
2 of section 195.400 shall obtain a registration for such conduct from
the department of health and senior services.

2. No registration shall be required of any manufacturer, wholesaler,
retailer, or any pharmacist, pharmacy, physician, dentist, podiatrist,
veterinarian or optometrist, who administers, dispenses or furnishes a
substance listed in subsection 2 of section 195.400 within the scope of
his professional practice, or other person for the sale, transfer,
furnishing, or receipt of any drug which contains any substance listed in
subsection 2 of section 195.400 and which is lawfully sold, transferred
or furnished over the counter without a prescription or by a prescription
pursuant to the federal Food, Drug, or Cosmetic Act or regulations
adopted thereunder.

3. No registration shall be required of any retailer for the sale,
transfer, furnishing, or receipt of any product part of whose ingredients
include a substance listed in subsection 2 of section 195.400 and which
product is lawfully sold, transferred or furnished in the ordinary course
of its business.

4. Applications for registration shall be filed in writing and signed by
the applicant, and shall set forth the name of the applicant, the
business in which the applicant is engaged, the business address of the
applicant and a full description of any substance sold, transferred, or
otherwise furnished or received.

5. The department of health and senior services upon public notice and
hearing may promulgate rules and establish reasonable fees to be charged
relating to the registration and control of the manufacture,
distribution, and dispensing of listed chemicals under subsection 2 of
section 195.400.

6. Registration granted pursuant to this section may be renewed one year
from the date of issuance, and annually thereafter, upon the filing of a
renewal application and the payment of a registration renewal fee.

7. Selling, transferring, or otherwise furnishing or receiving any
substance listed in subsection 2 of section 195.400 without a
registration is a class D felony. (L. 1989 S.B. 215 & 58)

Effective 7-1-90

1. No registration shall be issued under section 195.405 unless
and until the applicant for such registration has furnished proof
satisfactory to the department of health and senior services that:

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

(2) The applicant is properly equipped as to land, building, and
paraphernalia to carry on the business described in his 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 or
chemicals listed in subsection 2 of section 195.400.

3. The department of health and senior services shall register an
applicant to manufacture, distribute, sell, transfer, or otherwise
furnish listed chemicals 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 or chemicals listed in subsection 2 of section 195.400 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 or chemicals listed in subsection 2
of section 195.400;

(4) Past experience in the manufacture or distribution of controlled
substances or chemicals listed in subsection 2 of section 195.400 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 section 195.405; and

(6) Any other factors that the department of health and senior services
determines to be relevant to and consistent with the public health and
safety.

4. Registration does not entitle a registrant to manufacture and
distribute chemicals listed in subsection 2 of section 195.400 other than
those specified in the registrant's registration.

5. A registration to manufacture, distribute, sell, transfer, or
otherwise furnish or dispense a controlled substance or chemical listed
in subsection 2 of section 195.400 may be suspended or revoked by the
department of health and senior services upon a finding that the
registrant has:

(1) Furnished false or fraudulent material information in any application
filed pursuant to sections 195.405 to 195.425;

(2) Been convicted of a felony under any state or federal law relating to
any controlled substance or listed chemical;

(3) Had his federal authority to manufacture, distribute or dispense
controlled substances or chemicals listed in sections 195.405 to 195.425
suspended or revoked; or

(4) Violated any federal controlled substances or chemicals statute or
regulation, or any provision of sections 195.005 to 195.425 or regulation
promulgated pursuant to sections 195.005 to 195.425.

6. The department of health and senior services may:

(1) Warn or censure a registrant;

(2) Limit a registration to particular listed chemicals;

(3) Limit revocation or suspension of a registration to a particular
listed chemical with respect to which grounds for revocation or
suspension exist;

(4) 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;

(5) Suspend or revoke a registration for a period not to exceed five
years; or

(6) 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
one to five years following the date of such order. Any stay order shall
toll this time period.

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

8. The department of health and senior services may suspend without an
order to show cause any registration simultaneously with the institution
of proceedings under subsection 5 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 of such proceedings 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. (L. 1989
S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2004
H.B. 1427)

All prescriptions, orders, and records, required by sections
195.400 to 195.425, and stocks of controlled substances and substances
listed in subsection 2 of section 195.400 shall be open for examination
and inspection 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 controlled substances and chemicals. No officer having
knowledge by virtue of his 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)

Effective 7-1-90

1. The limits specified in subsection 2 of this section shall
not apply to any quantity of such product, mixture, or preparation
dispensed 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 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.

3. All packages of any compound, mixture, or preparation containing any
detectable quantity of ephedrine 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.

4. 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 any
products that the state department of health and senior services, upon
application of a manufacturer, exempts by rule from this section because
the product has been formulated in such a way as to effectively prevent
the conversion of the active ingredient into methamphetamine, or its
salts or precursors or to the sale of any animal feed products containing
ephedrine or any naturally occurring or herbal ephedra or extract of
ephedra.

5. Persons selling and dispensing substances containing any detectable
amount 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 maintain logs, documents, and records as specified
in section 195.017. Persons selling only compounds, mixtures, or
preparations that are excluded from Schedule V in subsection 17 or 18 of
section 195.017 shall not be required to maintain such logs, documents,
and records. 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.

6. Within thirty days of June 15, 2005, 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.

7. Within thirty days of June 15, 2005, any business entity which sells
ephedrine or pseudoephedrine products in the course of legitimate
business which is in the possession of pseudoephedrine and ephedrine
products, except those that are excluded from Schedule V in subsection 17
or 18 of section 195.017, and which does not have a state and federal
controlled substances registration, shall return these products to a
manufacturer or distributor or transfer them to an authorized controlled
substance registrant.

8. Any person who knowingly or recklessly violates this section is guilty
of a class A misdemeanor.

9. The provisions of subsection 2 of this section limiting individuals
from purchasing the specified amount in any thirty-day period shall not
apply to any compounds, mixtures, or preparations that are in liquid or
liquid-filled gel capsule form. However, no person shall purchase,
receive, or otherwise acquire more than nine grams of any compound,
mixture, or preparation excluded in subsection 17 or 18 of section
195.017, in a single purchase as provided in subsection 2 of this
section. (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)

Effective 6-15-05

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. Any person holding a retail sales license pursuant to chapter 144,
RSMo, who knowingly violates subsection 1 of this section is guilty of a
class A misdemeanor.

3. Any person who is considered the general owner or operator of the
outlet where ephedrine, pseudoephedrine, or phenylpropanolamine products
are available for sale who violates subsection 1 of this section shall
not be penalized pursuant to this section if such person documents that
an employee training program was in place to provide the employee with
information on the state and federal regulations regarding ephedrine,
pseudoephedrine, or phenylpropanolamine. (L. 2001 H.B. 471 merged with
S.B. 89 & 37)

1. It is unlawful for any person to possess chemicals listed in
subsection 2 of section 195.400, or reagents, or solvents, or any other
chemicals proven to be precursor ingredients of methamphetamine or
amphetamine, as established by expert testimony pursuant to subsection 3
of this section, with the intent to manufacture, compound, convert,
produce, process, prepare, test, or otherwise alter that chemical to
create a controlled substance or a controlled substance analogue in
violation of sections 195.005 to 195.425.

2. A person who violates this section is guilty of a class C felony.

3. The state may present expert testimony to provide a prima facie case
that any chemical, whether or not listed in subsection 2 of section
195.400, is an immediate precursor ingredient for producing
methamphetamine or amphetamine. (L. 1989 S.B. 215 & 58, A.L. 1998 H.B.
1147, et al.)

1. The department of health and senior services shall, by
regulation, waive the requirement for registration of certain
manufacturers, wholesalers, retailers, or other persons if it finds it
consistent with the public health and safety.

2. The department of health and senior services shall, by regulation,
establish exemptions from the reporting requirements for the sales or
transfers of substances listed in section 195.400 which are below
quantity levels set by the department. (L. 1989 S.B. 215 & 58)

Effective 7-1-90

Sections 195.501 to 195.511 shall be known and may be cited as
the "Intergovernmental Drug Laws Enforcement Act". (L. 1993 S.B. 180 § 2)

As used in sections 195.501 to 195.511, the following terms mean:

(1) "Department", the department of public safety;

(2) "Director", the director of the department of public safety;

(3) "Drug laws", all laws regulating the production, sale, prescribing,
manufacturing, administering, transporting, having in possession,
dispensing, distributing, or use of controlled substances, as defined in
section 195.010;

(4) "Multijurisdictional enforcement group", or "MEG", a combination of
political subdivisions established under sections 573.500 and 573.503,
RSMo, section 178.653, RSMo, and section 311.329, RSMo, to enforce the
drug laws of this state. (L. 1993 S.B. 180 § 3)

1. Any two or more political subdivisions or the state highway
patrol and any one or more political subdivisions may by order or
ordinance agree to cooperate with one another in the formation of a
multijurisdictional enforcement group for the purpose of intensive
professional investigation of computer, Internet-based, narcotics and
drug law violations.

2. The power of arrest of any peace officer who is duly authorized as a
member of a MEG unit shall only be exercised during the time such peace
officer is an active member of a MEG unit and only within the scope of
the investigation on which the MEG unit is working. Notwithstanding other
provisions of law to the contrary, such MEG officer shall have the power
of arrest, as limited in this subsection, anywhere in the state and shall
provide prior notification to the chief of police of the municipality in
which the arrest is to take place or the sheriff of the county if the
arrest is to be made in his venue. If exigent circumstances exist, such
arrest may be made; however, notification shall be made to the chief of
police or sheriff, as appropriate, as soon as practical. The chief of
police or sheriff may elect to work with the MEG unit at his option when
such MEG is operating within the jurisdiction of such chief of police or
sheriff. (L. 1993 S.B. 180 § 4, A.L. 2003 S.B. 184)

1. A county bordering another state may enter into agreement
with the political subdivisions in such other state's contiguous county
pursuant to section 70.220, RSMo, to form a multijurisdictional
enforcement group for the enforcement of drug and controlled substance
laws and work in cooperation pursuant to sections 195.501 to 195.511.

2. Such other state's law enforcement officers may be deputized as
officers of the counties of this state participating in an agreement
pursuant to subsection 1 of this section, and shall be deemed to have met
all requirements of peace officer training and certification pursuant to
chapter 590, RSMo, for the purposes of conducting investigations and
making arrests in this state pursuant to the provisions of section
195.505, provided such officers have satisfied the applicable peace
officer training and certification standards in force in such other state.

3. Such other state's law enforcement officers shall have the same powers
and immunities when working under an agreement pursuant to subsection 1
of this section as if working under an agreement with another political
subdivision in Missouri pursuant to section 70.815, RSMo.

4. A multijurisdictional enforcement group formed pursuant to this
section is eligible to receive state grants to help defray the costs of
its operation pursuant to the terms of section 195.509.

5. The provisions of subsections 2, 3, and 4 of this section shall not be
in force unless such other state has provided or shall provide legal
authority for its political subdivisions to enter into such agreements
and to extend reciprocal powers and privileges to the law enforcement
officers of this state working pursuant to such agreements. (L. 1998 H.B.
1147, et al.)

1. A multijurisdictional enforcement group which meets the
minimum criteria established in this section is eligible to receive state
grants to help defray the costs of operation.

2. To be eligible for state grants, a MEG shall:

(1) Be established and operating pursuant to intergovernmental contracts
written and executed in conformity by law, and involve two or more units
of local government;

(2) Establish a MEG policy board composed of an elected official, or his
designee, and the chief law enforcement officer from each participating
unit of local government and a representative of a hazardous materials
response team or, if such team is not formed, then a representative of
the local fire response agency, to oversee the operations of the MEG and
make such reports to the department of public safety as the department
may require;

(3) Designate a single appropriate official of a participating unit of
local government to act as the financial officer of the MEG for all
participating units of the local government and to receive funds for the
operation of the MEG;

(4) Limit its target operation to enforcement of drug laws;

(5) Cooperate with the department of public safety in order to assure
compliance with sections 195.501 to 195.511 and to enable the department
to fulfill its duties under sections 195.501 to 195.511 and supply the
department with all information the department deems necessary therefor;

(6) Cooperate with the local hazardous material response team to
establish a local emergency response strategy.

3. The department of public safety shall monitor the operations of all
MEG units which receive state grants. From the moneys appropriated
annually, if funds are made available by the general assembly for this
purpose, the director shall determine and certify to the auditor the
amount of the grant to be made to each designated MEG financial officer.
No provision of this section shall prohibit funding of
multijurisdictional enforcement groups by sources other than those
provided by the general assembly, if such funding is in accordance with
and in such a manner as provided by law. (L. 1993 S.B. 180 § 5, A.L. 1999
S.B. 207)

The director shall report annually, no later than January first
of each year, to the governor and the general assembly on the operations
of the multijurisdictional enforcement groups, including a breakdown of
the appropriation for the current fiscal year indicating the amount of
the state grant each MEG received or will receive. (L. 1993 S.B. 180 § 6)

1. Any manufacturer or wholesaler who sells, transfers, or
otherwise furnishes ephedrine, pseudoephedrine or phenylpropanolamine, or
any of their salts, optical isomers and salts of optical isomers, alone
or in a mixture, and is required by federal law to report any suspicious
transaction to the United States attorney general, shall submit a copy of
the report to the chief law enforcement official with jurisdiction before
completion of the sale or as soon as practicable thereafter.

2. As used in this section, "suspicious transaction" means any sale or
transfer required to be reported pursuant to 21 U.S.C. 830(b)(1).

3. Any violation of this section shall be a class D felony. (L. 2001 S.B.
89 & 37)

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