Missouri Senate

Senate Substitute

MEDICAL MARIJUANA TELEHEALTH (Section 191.1146)

Under this act, a physician using telehealth to provide a certification for a patient's qualifying medical condition for medical marijuana shall comply with current statutes regarding patient interviews and examinations.

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 identical to provisions in the perfected SS#2/SCS/SB 523 (2020) and similar to provisions of HCS/SCS/SB 6 (2019) and SCS/SB 953 (2018).

PRESCRIPTIONS FOR PSEUDOEPHEDRINE AND RELATED DRUGS (Sections 195.417 and 579.060)

This act prohibits the requirement of a prescription for the dispensation, sale, or distribution of any drug containing any detectable amount of ephedrine, phenylpropanolamine, or psuedoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits set forth in law. A prescription shall only be required for such drug in excess of the statutory limits. However, a prescription may be required for amounts within the limits in any calendar year in which the state's methamphetamine laboratory seizure incidents, as reported by the Missouri State Highway Patrol, exceed 300 incidents for the most recent calendar year for which such data is reported and made publicly available.

This act also changes the amounts that can be sold, dispensed, or otherwise provided to a person in a 30-day period without a prescription from a maximum of 9 grams to a maximum of 7.2 grams.

These provisions are identical to provisions in the perfected SS#2/SCS/SB 523 (2020) and similar to SB 706 (2020).

MEDICAL MARIJUANA EDIBLES (Section 195.805)

This act prohibits the sale of edible marijuana-infused products, packaging, or logos in the shape of a human, animal, or fruit, but geometric shapes shall be permitted. Each package containing ten or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a universal symbol and the amount of THC, as described in the act.

Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this provision shall be subject to sanctions, including an administrative penalty. The Department shall promulgate rules regarding prohibiting edible marijuana-infused products designed to appeal to persons under 18 years of age, as well as developing a process by which a licensed or certified entity may seek approval of a product design, package, or label prior to manufacture or sale to determine compliance with these provisions.

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

MEDICAL MARIJUANA BACKGROUND CHECKS (Section 195.815)

The Department shall require all officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities, and all owners of such facilities who will have access to the facilities or the facilities' supply of medical marijuana, to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This provision is substantially similar to a provision in SCS/SB 764 (2020) and HCS#2/HB 1896 (2020).

This provision has an emergency clause.

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 carfentanil, 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 carfentanil 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 provisions in the perfected SS#2/SCS/SB 523 (2020) and SS#2/HB 1693 (2020), substantially similar 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