Missouri Senate

Senate Committee Substitute

UPDATING THE SCHEDULES OF CONTROLLED SUBSTANCES (Sections 195.015 and 195.017)

Under this act, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Department of Health and Senior Services shall promulgate emergency rules to implement such change within 30 days of publication of the change in the Federal Register, unless the Department objects to such change. When the Department promulgates emergency rules under this act, the rules may remain in effect until the legislature concludes its next regular session following the imposition of the rules.

Additionally, this act updates the schedules of controlled substances in Missouri to mirror the most recent update to the schedules in 19 CFR 30-1.002.

SALE OF CERTAIN MEDICAL MARIJUANA PRODUCTS (Section 195.805)

This act prohibits the sale of medical marijuana products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including, candies, gummies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to Department sanctions, including an administrative penalty.

This provision is identical to SB 335 (2019).

MANUFACTURE, DELIVERY, OR DISTRIBUTION OF DRUGS WITH DEATH RESULTING (Section 565.021)

This act modifies the crime of murder in the second degree by adding language making a person who knowingly and unlawfully manufactures, delivers, or distributes a Schedule I or II controlled substance, excluding marijuana for medical use, and thereafter the controlled substance is the proximate cause of the death of another person who uses or consumes it. It shall not be a defense that the defendant did not directly deliver or distribute the controlled substance to the decedent.

UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE BY CERTAIN PROVIDERS AND EMPLOYEES (Section 579.015)

Currently, unlawful possession of a controlled substance, except 35 grams or less of marijuana or any synthetic cannabinoid, is a Class D felony. This act adds an enhanced penalty if the defendant is an emergency care provider, a home health care employee, a hospice employee, an in-home care employee, a personal care assistant, or any other individual providing home health or personal care assistance services to patients. If such defendant knowingly and unlawfully possesses a controlled substance belonging to the patient or another member of the patient's household, the offense shall be a Class C felony.

TRAFFICKING OF FENTANYL AND CARFENTANIL (Sections 579.065 and 579.068)

Finally, this acts adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, producing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class B felony and a Class A felony when the amount is 50 milligrams or more.

Additionally, this act adds to the offense of trafficking drugs in the second degree knowingly possessing, purchasing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class C felony and a Class B felony when the amount is 50 milligrams or more.

These provisions are similar to SCS/SB 953 (2018) and HB 1254 (2018).

SARA HASKINS