Missouri Senate

Senate Amendment

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. If 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 and further updates by the Drug Enforcement Agency in the Federal Register.

These provisions are similar to provisions of HCS/SCS/SB 6 (2019) and SCS/SB 953 (2018).

MEDICAL MARIJUANA (Section 195.805)

This act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including gummies, candies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each increment of 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. 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 sanctions, including an administrative penalty.

This provision is substantially similar to SB 764 (2020) and a provision in the perfected SCS/SB 6 (2019) and similar to SB 335 (2019).

DRUG TRAFFICKING (Sections 579.065 and 579.068)

This act adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, or producing or attempting to distribute, deliver, manufacture, or produce more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing more than 10 milligrams of fentanyl or carfentanyl, as a Class B felony and a Class A felony when the amount is 20 milligrams or more. Additionally, trafficking in the first degree of one or more grams of flunitrazepam or any amount of gamma-hydroxybutyric acid for the first offense shall be a Class B felony and a Class A felony for any second or subsequent offense.

This act adds to the offense of trafficking drugs in the second degree knowingly possessing or having under one's control, purchasing or attempting to purchase, or bringing into the state more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing a detectable amount of fentanyl or carfentanyl as a Class C felony and a Class B felony when the amount is 20 milligrams or more. Additionally, trafficking in the second degree of less than one gram of flunitrazepam shall be a Class C felony for the first offense and a Class B felony for any second or subsequent offense.

Finally, this act modifies current law for the Class B felony offense of trafficking of drugs in the first degree and the Class C felony offense of trafficking drugs in the second degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines.

These provisions are identical to HB 1450 (2020) and HCS/HB 239 (2019) and similar to SB 702 (2020), SB 6 (2019), SCS/SB 953 (2018), and HB 1254 (2018).

SARAH HASKINS

SA#2: MODIFIES PROVISIONS RELATING TO EDIBLE MARIJUANA PRODUCT DESIGN AND LABELING