HCS/SCS/SB 6 - This act modifies several provisions relating to controlled substances, including: (1) medical marijuana; (2) updating the schedules of controlled substances; (3) opioid prescriptions for sickle cell patients; (4) industrial hemp; (5) prescribing of long-acting or extended release opioids by dentists; (6) manufacture, delivery, or distribution of drugs with death resulting; (7) unlawful possession of a controlled substance by certain providers and employees; (8) distribution of heroin; and (8) drug trafficking.
MEDICAL MARIJUANA (Sections 191.255, 195.010, 195.017, 195.805, 263.250, 579.065, and 579.068)
Under this act, no state agency shall disclose to the federal government the statewide list of persons who have obtained a medical marijuana card. Any violation of this provision shall be a Class E felony.
This provision is identical to HB 238 (2019), a provision in HCS/HB 341 (2019), and a provision in HCS/HB 472 (2019).
This act removes medical marijuana from the definition of a "controlled substance" and from Schedule I of the controlled substances. Marijuana grown lawfully for medical use shall not be classified as a "noxious weed" and shall not be required to be destroyed. Trafficking offenses involving marijuana shall not include medical marijuana.
Additionally, this act prohibits the sale of edible marijuana-infused products that are designed in the shape of a human, animal, or fruit. Each package containing an edible marijuana-infused product containing 10 or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a diamond containing the letters "THC" and the number of milligrams of THC in that increment. The design, size, and placement of such stamp shall be determined by the Department of Health and Senior Services. 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 similar to SB 335 (2019).
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.
OPIOID PRESCRIPTIONS FOR SICKLE CELL PATIENTS (Section 195.080)
This act excludes patients undergoing treatment for sickle cell disease from the initial opioid prescription limitations in current law.
This provision is identical to SB 450 (2018) and HB 986 (2019).
INDUSTRIAL HEMP (Sections 195.740 to 195.767)
The act repeals the definitions for "grain", "grower", and "handler", modifies existing definitions, and creates several new definitions relating to industrial hemp. The act also repeals the Industrial Hemp Agricultural Pilot Program.
Any person who sells, distributes, or offers for sale any agricultural hemp propagule or agricultural hemp seed in the state shall obtain an agricultural hemp propagule and seed permit from the Department of Agriculture. A permit holder is exempt from requirements set forth in law relating to seed and fertilizer if he or she only sells, distributes, or offers for sale agricultural hemp propagules or agricultural hemp seed.
Under the act, the registration to grow industrial hemp may be transferred to a person, rather than a spouse or child, who meets the requirements of a registrant. Each individual parcel of ground or indoor cultivation facility with a separate legal description shall be required to obtain a separate registration unless the parcels are contiguous and owned by the same person of record.
Currently, a civil penalty of not less than $2,500 may be charged for violating provisions of law relating to industrial hemp. This act changes the minimum civil penalty to not less than $500 for such violations.
The act repeals provisions requiring any person growing industrial hemp to obtain a valid registration within 30 days.
If a crop contains an average THC concentration exceeding 0.3%, or the maximum concentration allowed under federal law, the Department of Agriculture may retest the crop. If the second test indicates that a crop contains an average THC concentration exceeding 0.3%, or the maximum concentration allowed under federal law, the Department may order a producer to destroy the crop.
The Missouri State Highway Patrol may, at their own expense, perform aerial surveillance to ensure illegal industrial hemp plants are not being cultivated on or near legal, registered industrial hemp plantings.
Unless required by federal law, the Department shall not regulate the sale or transfer of nonviable hemp to members of the general public, both within and outside of the state.
An institution of higher education based in Missouri and research centers directed or operated by such institutions may engage in the research and study of industrial hemp as authorized under the federal Agricultural Act of 2014 or any successor law without being required to obtain a registration.
Currently, the Department of Agriculture shall not issue a permit to a single registrant or permittee for a plot of land that is less than 10 acres or more than 40 acres, or over 2,000 acres statewide among all registrants or permittees. Additionally, the Department of Agriculture shall not issue a permit to an institute of higher education for a plot of land over 20 acres statewide. This act repeals all the acreage limitations from the Industrial Hemp Program.
Provisions of law relating to growers retaining seed from each industrial hemp crop are repealed.
Finally, provisions allowing the Missouri Crop Improvement Association, in collaboration with the Department, to establish and administer a certification program for agricultural hemp seed in the state are repealed.
This act contains an emergency clause for a certain section.
These provisions are identical to provisions in HCS/SB 133 (2019), HCS/HB 824 (2019), and SCS/SB 492 (2019).
PRESCRIBING OF LONG-ACTING OR EXTENDED RELEASE OPIOIDS BY DENTISTS (Section 332.361)
Under this act, long-acting or extended-release opioids shall not be used to treat acute pain in dentistry. If the dentist, in his or her professional judgment, believes a long-acting or extended-release opioid is necessary to treat the patient, the dentist shall document and explain in the patient's dental record the reason for the necessity for the long-acting or extended-release opioid.
Dentists shall avoid prescribing doses greater than 50 morphine milligram equivalents (MME) per day for treatment of acute pain. If the dentist believes doses greater than 50 MME are necessary to treat the patient, the dentist shall document and explain the reason for the dose greater than 50 MME.
The Missouri Dental Board is required, under this act, to maintain an MME conversion chart and instructions for calculating MMEs on its website.
This provision is similar to the perfected SB 275 (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 fentanyl or a fentanyl-related substance and thereafter the controlled substance is the cause-in-fact 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 fentanyl or fentanyl-related substance to the decedent.
This provision is similar to a provision in the perfected SS/SCS/SB 37 (2019), SCS/HB 240 (2019), and HCS/SCS/SB 363 (2019).
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.
DISTRIBUTION OF HEROIN (Section 579.020)
Under current law, the distribution of heroin is not distinguished from the distribution of most other controlled substances and is a Class C felony. This act provides that the distribution of any substance containing a detectable amount of heroin is a Class B felony.
This provision is identical to SB 93 (2019), SB 589 (2018), and SB 351 (2017).
DRUG TRAFFICKING (Sections 579.065 and 579.068)
This act modifies current law for the Class B felony offense of trafficking of drugs in the first degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances a person knowingly distributes, delivers, manufactures, produces, or attempts to so, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines. Additionally, this act adds specified amounts of flunitrazepam, gamma-hydroxybutyric acid, and fentanyl and carfentanil to the list of controlled substances for the Class B felony and the Class A felony offenses.
This act also modifies current law for the Class C felony offense of trafficking of drugs in the second degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances a person knowingly possesses, purchases, or brings into the state, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines. Additionally, this act adds fentanyl and carfentanil to the list of controlled substances for the Class C felony and the Class B felony offenses. Trafficking in the second degree for less than one gram of flunitrazepam shall be a Class C felony for the first offense and a Class B felony for the second and subsequent offense.
This act is identical to HCS/HB 239 (2019); substantially similar to HCS/SS/SB 145 (2019), HCS/SB 333 (2019), and HCS/SB 275 (2019); and similar to provisions in the perfected SCS/HCS/HB 239 (2019), SCS/HB 240 (2019), and HCS/SCS/SB 363 (2019).