HB83

Allows those licensed by the Department of Agriculture to grow and handle industrial hemp

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Bill Text from Dec. 1, 2016 - Introduced

FIRST REGULAR SESSION

HOUSE BILL NO. 83

99TH GENERAL ASSEMBLY

0179H.01I

D. ADAM CRUMBLISS, Chief Clerk

INTRODUCED BY REPRESENTATIVE REDMON.

AN ACT

To repeal sections 195.010, 195.017, and 263.250, RSMo, and to enact in lieu thereof eight new

sections relating to industrial hemp, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Sections 195.010, 195.017, and 263.250, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known as sections 195.010, 195.017, 195.203, 195.600, 195.603, 195.606, 195.609, and 263.250, to read as follows:

195.010. The following words and phrases as used in this chapter and chapter 579,

(2) "Administer", to apply a controlled substance, whether by injection, inhalation, 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 or her addiction; ingestion, or any other means, directly to the body of a patient or research subject by: (a) A practitioner (or, in his or her presence, by his or her 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; authorized to investigate, commence and prosecute an action under this chapter;

(4) "Attorney for the state", any prosecuting attorney, circuit attorney, or attorney general

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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(5) "Controlled substance", a drug, substance, or immediate precursor in Schedules I through V listed in this chapter; (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. Section 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. Section 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

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

(c) Substances, other than food, intended to affect the structure or any function of the

(d) Substances intended for use as a component of any article specified in this

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment 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; 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; prevention of disease in humans or animals; body of humans or animals; and 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; 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 this chapter or chapter 579. It includes, but is not limited to:

(16) "Drug enforcement agency", the Drug Enforcement Administration in the United

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(e) Scales and balances used, intended for use, or designed for use in weighing or

(h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or

(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; 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; twigs and seeds from, or in otherwise cleaning or refining, marijuana; 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; introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as: permanent screens, hashish heads, or punctured metal bowls; b. Water pipes; c. Carburetion tubes and devices; d. Smoking and carburetion masks;

(g) Separation gins and sifters used, intended for use, or designed for use in removing

(l) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens,

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e. Roach clips meaning objects used to hold burning material, such as a marijuana

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

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 cigarette, that has become too small or too short to be held in the hand; 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: state or federal law relating to any controlled substance or imitation controlled substance; chapter 579; substances; 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 or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter or chapter 579; the innocence of an owner, or of anyone in control of the object, as to direct violation of this chapter or chapter 579 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;

c. The proximity of the object, in time and space, to a direct violation of this chapter or

d. The proximity of the object to controlled substances or imitation controlled

e. The existence of any residue of controlled substances or imitation controlled

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l. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of

(18) "Federal narcotic laws", the laws of the United States relating to controlled 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; 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; (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; of a controlled substance; and 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; concerning the nature of the substance, or its use or effect;

(b) Is an immediate chemical intermediary used or likely to be used in the manufacture

(b) Statements made by an owner or by anyone else in control of the substance

(c) The control of which is necessary to prevent, curtail or limit the manufacture of the

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(c) Whether the substance is packaged in a manner normally used for illicit controlled

(d) Prior convictions, if any, of an owner, or anyone in control of the object, under state

(b) Any cannabis sativa seed that is part of a growing crop, retained by a grower substances; 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) "Industrial hemp": (a) All nonseed parts and varieties of the cannabis sativa plant, growing or not, that contain a cropwide average tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis; or for future planting, or used for processing into or use as agricultural hemp seed. Industrial hemp does not include industrial hemp commodities and products; (23) "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)] (24) "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 or her administering or dispensing of a controlled substance or an imitation controlled substance in the course of his or her professional practice, or purpose of, or as an incident to, research, teaching or chemical analysis and not for sale;

(b) By a practitioner or his or her authorized agent under his or her supervision, for the

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[(24)] (25) "Marijuana", all parts of the plant genus Cannabis in any species or form thereof, including, but not limited to, Cannabis Sativa L., except industrial hemp as defined in this section, 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)] (26) "Methamphetamine precursor drug", any drug containing ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers; [(26)] (27) "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; and derivatives of ecgonine or their salts have been removed; referred to in paragraphs (a) to (d) of this subdivision; [(27)] (28) "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)] (29) "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);

(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

(b) Coca leaves, but not including extracts of coca leaves from which cocaine, ecgonine,

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[(29)] (30) "Opium poppy", the plant of the species Papaver somniferum L., except its

[(30)] (31) "Over-the-counter sale", a retail sale licensed pursuant to chapter 144 of a seeds; drug other than a controlled substance; [(31)] (32) "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)] (33) "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 this chapter 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)] (34) "Poppy straw", all parts, except the seeds, of the opium poppy, after mowing;

[(34)] (35) "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 or her 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)] (36) "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)] (37) "Production", includes the manufacture, planting, cultivation, growing, or harvesting of drug paraphernalia or of a controlled substance or an imitation controlled substance; federal controlled substances laws; [(38)] (39) "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;

[(37)] (38) "Registry number", the number assigned to each person registered under the

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[(39)] (40) "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)] (41) "Synthetic cannabinoid", includes unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including but not limited to any substance listed in paragraph (ll) of subdivision (4) of subsection 2 of section 195.017 and any analogues; homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation, however, it shall not include any approved pharmaceutical authorized by the United States Food and Drug Administration; [(41)] (42) "Ultimate user", a person who lawfully possesses a controlled substance or an imitation controlled substance for his or her own use or for the use of a member of his or her household or immediate family, regardless of whether they live in the same household, or for administering to an animal owned by him or by a member of his or her household. For purposes of this section, the phrase "immediate family" means a husband, wife, parent, child, sibling, stepparent, stepchild, stepbrother, stepsister, grandparent, or grandchild; [(42)] (43) "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.

195.017. 1. The department of health and senior services shall place a substance in

(1) Has high potential for abuse; and (2) Has no accepted medical use in treatment in the United States or lacks accepted Schedule I if it finds that the substance: 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;

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(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;

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(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 methylsulfonate; (q) Morphine-N-Oxide; (r) Myrophine; (s) Nicocodeine;

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(a) 4-bromo-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-dimethoxyamphetamine; (i) 3,4-methylenedioxyamphetamine; (j) 3,4-methylenedioxymethamphetamine; (k) 3,4-methylenedioxy-N-ethylamphetamine; (l) N-hydroxy-3, 4-methylenedioxyamphetamine; (m) 3,4,5-trimethoxyamphetamine; (n) 5-MeO-DMT or 5-methoxy-N,N-dimethyltryptamine, its isomers, salts, and salts of

(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: isomers; (o) Alpha-ethyltryptamine; (p) Alpha-methyltryptamine; (q) Bufotenine; (r) Diethyltryptamine; (s) Dimethyltryptamine; (t) 5-methoxy-N,N-diisopropyltryptamine; (u) Ibogaine; (v) Lysergic acid diethylamide; (w) Marijuana or marihuana, except industrial hemp as defined in section 195.010; (x) Mescaline; (y) Parahexyl; (z) 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

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a. 1 cis or trans tetrahydrocannabinol, and their optical isomers; b. 6 cis or trans tetrahydrocannabinol, and their optical isomers; c. 3,4 cis or trans tetrahydrocannabinol, and their optical isomers; d. Any compounds of these structures, regardless of numerical designation of atomic plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or extracts; (aa) N-ethyl-3-piperidyl benzilate; (bb) N-methyl-3-piperidyl benzilate; (cc) Psilocybin; (dd) Psilocyn; (ee) Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), except industrial hemp as defined in section 195.010, as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following: positions covered; from 3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Including, but not limited to: (i) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole; (ii) JWH-015, or 1-propyl-2-methyl-3-(1-naphthoyl)indole; (iii) JWH-018, or 1-pentyl-3-(1-naphthoyl)indole; (iv) JWH-019, or 1-hexyl-3-(1-naphthoyl)indole; (v) JWH-073, or 1-butyl-3-(1-naphthoyl)indole; (vi) JWH-081, or 1-pentyl-3-(4-methoxy-1-naphthoyl)indole; (vii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole;

(ff) Ethylamine analog of phencyclidine; (gg) Pyrrolidine analog of phencyclidine; (hh) Thiophene analog of phencyclidine; (ii) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; (jj) Salvia divinorum; (kk) Salvinorin A; (ll) Synthetic cannabinoids: a.

Any compound

structurally derived

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(viii) JWH-122, or 1-pentyl-3-(4-methyl-1-naphthoyl)indole; (ix) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole; (x) JWH-200, or 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole; (xi) JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole; (xii) JWH-398, or 1-pentyl-3-(4-chloro-1-naphthoyl)indole; b. Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; c. Any compound structurally derived from 1-(1-naphthylmethyl)indene by substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; d. Any compound structurally derived from 3-phenylacetylindole by substitution at the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Including, but not limited to: (i) JWH-201, or 1-pentyl-3-(4-methoxyphenylacetyl)indole; (ii) JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole; (iii) JWH-250, or 1-pentyl-3-(2-methoxyphenylacetyl)indole; (iv) JWH-251, or 1-pentyl-3-(2-methylphenylacetyl)indole; (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole; e. Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Including, but not limited to: 2-yl)phenol), where side chain n=5, and homologues where side chain n-4,6, or 7; f. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Including, but not limited to:

(i) CP 47, 497 & homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-

HB 83

(i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; (ii) RCS-4, or 1-pentyl-3-(4-methoxybenzoyl)indole; g. CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-

h. HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-

i. HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-

j. CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan-2-yl] 2-yl] oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; 6a,7,10,10 a-tetrahydrobenzo[c]chromen-1-ol; methyloctan-2-yl )-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; k. Dimethylheptylpyran, or DMHP; (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: (1-(1,3-Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone; (a) Aminorex; (b) N-benzylpiperazine; (c) Cathinone; (d) Fenethylline; (e) 3-Fluoromethcathinone; (f) 4-Fluoromethcathinone; (g) Mephedrone, or 4-methylmethcathinone; (h) Methcathinone; (i) 4-methoxymethcathinone; ( k ) o r

(l) Methylone, or 3,4-Methylenedioxymethcathinone; (m) 4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP; (n) N-ethylamphetamine;

M e t h y l e n e d i o x y p y r o v a l e r o n e , M D P V ,

(a) Aminorex; (b) N-benzylpiperazine; (c) Cathinone; (d) Fenethylline; (e) 3-Fluoromethcathinone; (f) 4-Fluoromethcathinone; (g) Mephedrone, or 4-methylmethcathinone; (h) Methcathinone; (i) 4-methoxymethcathinone; ( k ) o r (j) (+,-)cis-4-methylaminorex ((+,-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);

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(a) N-(1-benzyl-4-piperidyl)-N phenylpropanamide (benzylfentanyl), its optical isomers,

(b) N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its

(1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States,

(o) 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: salts and salts of isomers; optical isomers, salts and salts of isomers; (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: 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;

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(e) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid

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; 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: acid] 1-diphenylpropane-carboxylic acid;

(a) Alfentanil; (b) Alphaprodine; (c) Anileridine; (d) Bezitramide; (e) Bulk dextropropoxyphene; (f) Carfentanil; (g) Dihydrocodeine; (h) Diphenoxylate; (i) Fentanyl; (j) Isomethadone; (k) Levo-alphacetylmethadol; (l) Levomethorphan; (m) Levorphanol; (n) Metazocine; (o) Methadone; (p) Meperidine; (q) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane; (r) Moramide-Intermediate, 2-methyl-3-morpholino-1, [1-diphenylpropane--carboxylic

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(s) Pethidine (meperidine); (t) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; (u) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; (v) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid; (w) Phenazocine; (x) Piminodine; (y) Racemethorphan; (z) Racemorphan; (aa) Remifentanil; (bb) Sufentanil; (cc) Tapentadol; (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) Lisdexamfetamine, its salts, isomers, and salts of its isomers; (c) Methamphetamine, its salts, isomers, and salts of its isomers; (d) Phenmetrazine and its salts; (e) 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: following substances: following alkyl nitrites: (a) Amobarbital; (b) Glutethimide; (c) Pentobarbital; (d) Phencyclidine; (e) Secobarbital; (5) Any material or compound which contains any quantity of nabilone;

(a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone; (b) Immediate precursors to phencyclidine (PCP): a. 1-phenylcyclohexylamine; b. 1-piperidinocyclohexanecarbonitrile (PCC); (7) Any material, compound, mixture, or preparation which contains any quantity of the

(a) Amobarbital; (b) Glutethimide; (c) Pentobarbital; (d) Phencyclidine; (e) Secobarbital; (5) Any material or compound which contains any quantity of nabilone; (6) Any material, compound, mixture, or preparation which contains any quantity of the

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(a) Amyl nitrite; (b) Butyl nitrite. 5. The department of health and senior services shall place a substance in Schedule III

(1) The substance has a potential for abuse less than the substances listed in Schedules

(2) The substance has currently accepted medical use in treatment in the United States;

(3) Abuse of the substance may lead to moderate or low physical dependence or high if it finds that: I and II; and 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: salt; (d) Chlorhexadol; (e) Embutramide; (f) 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;

a. Amobarbital; b. Secobarbital; c. 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

HB 83

(g) Ketamine, its salts, isomers, and salts of isomers; (h) Lysergic acid; (i) Lysergic acid amide; (j) Methyprylon; (k) Sulfondiethylmethane; (l) Sulfonethylmethane; (m) Sulfonmethane; (n) 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 not 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;

HB 83

(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, corticosteroids, and dehydroepiandrosterone) 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 subdivision. 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, esters and ethers: (4-chloro-17â-hydroxy-17á-methyl-androst-1,4-dien-3-one); (a) 3â,17-dihydroxy-5a-androstane; (b) 3á,17â-dihydroxy-5a-androstane; (c) 5á-androstan-3,17-dione; (d) 1-androstenediol (3â,17â-dihydroxy-5á-androst-1-ene); (e) 1-androstenediol (3á,17â-dihydroxy-5á-androst-1-ene); (f) 4-androstenediol (3â,17â-dihydroxy-androst-4-ene); (g) 5-androstenediol (3â,17â-dihydroxy-androst-5-ene); (h) 1-androstenedione ([5á]-androst-1-en-3,17-dione); (i) 4-androstenedione (androst-4-en-3,17-dione); (j) 5-androstenedione (androst-5-en-3,17-dione); (k) Bolasterone (7á, 17á-dimethyl-17â-hydroxyandrost-4-en-3-one); (l) Boldenone (17â-hydroxyandrost-1,4,-diene-3-one); (m) Boldione; (n) Calusterone (7â, 17á-dimethyl-17â-hydroxyandrost-4-en-3-one); (o) Clostebol (4-chloro-17â-hydroxyandrost-4-en-3-one); ( p )

(q) Desoxymethyltestosterone; (r) Ä1-dihydrotestosterone (a.k.a. '1-testosterone')(17â-hydroxy-5á-androst-1-en-3-one); (s) 4-dihydrotestosterone (17â-hydroxy-androstan-3-one); (t) Drostanolone (17â-hydroxy-2á-methyl-5á-androstan-3-one); (u) Ethylestrenol (17á-ethyl-17â-hydroxyestr-4-ene); (v) Fluoxymesterone (9-fluoro-17á-methyl-11â,17â-dihydroxyandrost-4-en-3-one); (w) Formebolone (2-formyl-17á-methyl-11á,17â-dihydroxyandrost-1,4-dien-3-one);

D e h y d r o c h l o r o m e t h y l t e s t o s t e r o n e

HB 83 7 á - m e t h y l - 4 - h y d r o x y n a n d r o l o n e 7 á - m e t h y l - Ä 1 - d i h y d r o t e s t o s t e r o n e

h (kk) Methyldienolone (17á-methyl-17â-hydroxyestra-4,9(10)-dien-3-one); (ll) Methyltrienolone (17á-methyl-17â-hydroxyestra-4,9-11-trien-3-one); (mm) Methyltestosterone (17á-methyl-17â-hydroxyandrost-4-en-3-one); (nn) Mibolerone (7á,17á-dimethyl-17â-hydroxyestr-4-en-3-one); ( o o )

(x) Furazabol (17á-methyl-17â-hydroxyandrostano[2,3-c]-furazan); (y) 13â-ethyl-17â-hydroxygon-4-en-3-one; (z) 4-hydroxytestosterone (4,17â-dihydroxy-androst-4-en-3-one); (aa) 4-hydroxy-19-nortestosterone (4,17â-dihydroxy-estr-4-en-3-one); (bb) Mestanolone (17á-methyl-17â-hydroxy-5-androstan-3-one); (cc) Mesterolone (1ámethyl-17â-hydroxy-[5á]-androstan-3-one); (dd) Methandienone (17á-methyl-17â-hydroxyandrost-1,4-dien-3-one); (ee) Methandriol (17á-methyl-3â,17â-dihydroxyandrost-5-ene); (ff) Methenolone (1-methyl-17â-hydroxy-5á-androst-1-en-3-one); (gg) 17á-methyl-3â,17â-dihydroxy-5a-androstane); (hh) 17á-methyl-3á,17â-dihydroxy-5a-androstane); (ii) 17á-methyl-3â,17â-dihydroxyandrost-4-ene; ( j j ) (17á-methyl-4-hydroxy-17â-hydroxyestr-4-en-3-one); (17bâ-hydroxy-17á-methyl-5á-androst-1-en-3-one) (a.k.a. '17-á-methyl-1-testosterone'); (17a-methyl-2-hydroxymethylene-17â-hydroxy-[5á]-androstan-3-one);

h (pp) Nandrolone (17â-hydroxyestr-4-ene-3-one); (qq) 19-nor-4-androstenediol (3â,17â-dihydroxyestr-4-ene); (rr) 19-nor-4-androstenediol (3á,17â-dihydroxyestr-4-ene); (ss) 19-nor-4,9(10)-androstadienedione; (tt) 19-nor-5-androstenediol (3â,17â-dihydroxyestr-5-ene); (uu) 19-nor-5-androstenediol (3á,17â-dihydroxyestr-5-ene); (vv) 19-nor-4-androstenedione (estr-4-en-3,17-dione); (ww) 19-nor-5-androstenedione (estr-5-en-3,17-dione); (xx) Norbolethone (13â,17á-diethyl-17â-hydroxygon-4-en-3-one); (yy) Norclostebol (4-chloro-17â-hydroxyestr-4-en-3-one); (zz) Norethandrolone (17á-ethyl-17â-hydroxyestr-4-en-3-one); (aaa) Normethandrolone (17á-methyl-17â-hydroxyestr-4-en-3-one); (bbb) Oxandrolone (17á-methyl-17â-hydroxy-2-oxa-[5á]-androstan-3-one); (ccc) Oxymesterone (17á-methyl-4,17â-dihydroxyandrost-4-en-3-one); ( l

y m e

O x

d

d

d

)

t

a

n

o

e

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(7) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a

  1. The department of health and senior services shall place a substance in Schedule IV

(eee) Stanozolol (17á-methyl-17â-hydroxy-[5á]-androst-2-eno[3,2-c]-pyrazole); (fff) Stenbolone (17â-hydroxy-2-methyl-[5á]-androst-1-en-3-one); (ggg) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); (hhh) Testosterone (17â-hydroxyandrost-4-en-3-one); (iii) Tetrahydrogestrinone (13â,17á-diethyl-17â-hydroxygon-4,9,11-trien-3-one); (jjj) Trenbolone (17â-hydroxyestr-4,9,11-trien-3-one); (kkk) Any salt, ester, or ether of a drug or substance described or listed in this subdivision, 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; United States Food and Drug Administration approved drug product; (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. if it finds that: and 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: of atropine sulfate per dosage unit; 2-diphenyl-3-methyl-2-propionoxybutane);

(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;

(3) Abuse of the substance may lead to limited physical dependence or psychological

(a) Not more than one milligram of difenoxin and not less than twenty-five micrograms

( b )

D e x t r o p r o p o x y p h e n e

( a l p h a - ( + ) - 4 - d i m e t h y l a m i n o - 1 ,

HB 83

b. Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters

c. Not more than one hundred milligrams of ethylmorphine per one hundred milliliters

a. Not more than two hundred milligrams of codeine per one hundred milliliters or per

(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: one hundred grams; or per one hundred grams; 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) Fospropofol;

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(x) Halazepam; (y) Haloxazolam; (z) Ketazolam; (aa) Loprazolam; (bb) Lorazepam; (cc) Lormetazepam; (dd) Mebutamate; (ee) Medazepam; (ff) Meprobamate; (gg) Methohexital; (hh) Methylphenobarbital (mephobarbital); (ii) Midazolam; (jj) Nimetazepam; (kk) Nitrazepam; (ll) Nordiazepam; (mm) Oxazepam; (nn) Oxazolam; (oo) Paraldehyde; (pp) Petrichloral; (qq) Phenobarbital; (rr) Pinazepam; (ss) Prazepam; (tt) Quazepam; (uu) Temazepam; (vv) Tetrazepam; (ww) Triazolam; (xx) Zaleplon; (yy) Zolpidem; (zz) Zopiclone; (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);

HB 83

(a) butorphanol; (b) pentazocine; (6) Ephedrine, its salts, optical isomers and salts of optical isomers, when the substance

(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: 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 and sections 579.015 to 579.086 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. if it finds that: in Schedule IV; and 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

  1. The department of health and senior services shall place a substance in Schedule V

(1) The substance has low potential for abuse relative to the controlled substances listed

(2) The substance has currently accepted medical use in treatment in the United States;

(3) The substance has limited physical dependence or psychological dependence liability

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(a) Not more than two and five-tenths milligrams of diphenoxylate and not less than

(c) Not more than five-tenths milligram of difenoxin and not less than twenty-five

(b) Not more than one hundred milligrams of opium per one hundred milliliters or per 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: twenty-five micrograms of atropine sulfate per dosage unit; one hundred grams; 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; (4) Unless specifically exempted or excluded or unless listed in another schedule, 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: (a) Lacosamide; (b) Pregabalin. 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, intern pharmacist, or registered pharmacy technician shall require any person, prior to such person's purchasing, receiving or otherwise acquiring such compound, mixture, or preparation to furnish suitable photo identification that is issued by a state or the

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(1) The name, address, and signature of the purchaser; (2) The amount of the compound, mixture, or preparation purchased; (3) The date and time of each purchase; and (4) The name or initials of the pharmacist, intern pharmacist, or registered pharmacy federal government or a document that, with respect to identification, is considered acceptable and showing the date of birth of the person; (4) The seller shall deliver the product directly into the custody of the purchaser. 12. Pharmacists, intern pharmacists, and registered pharmacy technicians shall implement and maintain an electronic log of each transaction. Such log shall include the following information: technician who dispensed the compound, mixture, or preparation to the purchaser. 13. Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in subdivision (3) of subsection 10 of this section in accordance with transmission methods and frequency established by the department by regulation. greater than those specified in this chapter. 15. 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. to 15 of this section are found in section 579.060. 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 or to any compound, mixture, or preparation specified in subdivision (3) of subsection 10 of this section which must be dispensed, sold, or distributed in a pharmacy pursuant to a prescription. 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. annually.

  1. No person shall dispense, sell, purchase, receive, or otherwise acquire quantities

  2. The penalties for a knowing or reckless violation of the provisions of subsections 11

  3. The department of health and senior services shall revise and republish the schedules

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  1. The department of health and senior services shall promulgate rules under chapter 536 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.
  2. Logs of transactions required to be kept and maintained by this section and section 195.417 shall create a rebuttable presumption that the person whose name appears in the logs is the person whose transactions are recorded in the logs.

195.203. 1. Notwithstanding any other provision of this chapter or chapter 579 to the contrary, it shall be legal to grow, harvest, and cultivate industrial hemp as defined in section 195.010 in accordance with Section 7606 of the Agricultural Act of 2014 and the rules promulgated by the department of agriculture under sections 195.600 to 195.609. apply to the provisions of this section or sections 195.600 to 195.609.

  1. The provisions of article I, section 35 of the Constitution of Missouri shall not

  2. The committee shall: (1) Review policies in other states regarding industrial hemp; (2) Determine best practices for the production of industrial hemp and the licensing

195.600. For the purposes of sections 195.600 to 195.609, the following terms mean: (1) "Department", the Missouri department of agriculture; (2) "Director", the director of the department; (3) "Industrial hemp", the same as such term is defined in section 195.010. 195.603. 1. By September 30, 2017, the department shall establish a committee to advise the department on appropriate rules and regulations regarding industrial hemp, including rules governing licenses and permits to grow and cultivate industrial hemp. All rules and regulations promulgated by the department under sections 195.600 to 195.609 shall meet the requirements of Section 7606 of the Agricultural Act of 2014. The committee shall be administered and its members chosen by the director. of growers; and and the Columbia campus of the University of Missouri; (3) Research and draft rules and regulations regarding industrial hemp. 3. The committee shall be comprised of: (1) One representative of the department; (2) One representative each from the agricultural programs at Lincoln University

(3) One representative of the governor's office; (4) One representative of the Missouri state highway patrol; (5) One representative of the Missouri Sheriffs’ Association; (6) Two representatives of an association advocating for farmers;

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(7) Two representatives of an association advocating for industrial hemp; and (8) One representative from the Missouri Crop Improvement Association. 4. The committee may also include other members or workgroups deemed necessary to accomplish its purposes including, but not limited to, representatives from state agencies, local advisory groups and community members, and members of the general assembly. 5. By March 30, 2018, the department shall promulgate rules and regulations concerning industrial hemp, including rules on industrial hemp production and reasonable fees for licenses, permits, or other necessary expenses to defray the cost of administering the rules and regulations. All revenue collected under the rules and regulations promulgated under this section shall be used exclusively for the administration and implementation of the rules and regulations. 6. The committee shall be dissolved April 1, 2018, but may be reconvened as needed by the department to assist in the promulgation and amendment of rules under this section. 7. A license or permit to grow or cultivate industrial hemp shall not be issued to a person who has been found guilty of a felony offense in the five years immediately preceding the application date for the license or permit or to a person who at any time has been found guilty of a felony offense under any state or federal law regarding the possession, distribution, manufacturing, cultivation, or use of a controlled substance. 8. Upon issuance of a license or permit to grow or cultivate industrial hemp, information regarding all license and permit holders shall be forwarded to the state highway patrol. 9. Any license or permit to grow or cultivate industrial hemp is: (1) Nontransferable; except that, such license or permit may be transferred to a spouse or child who otherwise meets the requirements of a licensee or permitee, and the spouse or child may operate under the existing license or permit until the registration expires, at which time the renewal shall reflect the change in licensee; (2) Valid for a three-year term unless revoked by the department; and (3) Renewable as determined by the department. 10. The department may inspect any industrial hemp crop during the crop's growth phase and take a representative composite sample for field analysis. If a crop contains an average tetrahydrocannabinol concentration exceeding three-tenths of one percent on a dry weight basis, the department shall detain, seize, or embargo the crop. 11. The department shall charge each recipient of a license or permit to grow or cultivate industrial hemp reasonable fees as determined by the department for the purpose of carrying out the duties of the department under sections 195.600 to 195.609, including

HB 83 fees to cover the administrative costs of processing license and permit applications, the costs of the criminal history background check, and the cost of any inspection of the licensee or permitee ordered by the department. All fees collected under sections 195.600 to 195.609 shall be deposited in a dedicated fund for use by the department to carry out the duties of the department under sections 195.600 to 195.609. 12. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. Sections 195.600 to 195.609 and chapter 536 are nonseverable, and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be invalid and void.

(1) A license or permit requirement, term, or condition; (2) Department rules relating to growing or handling industrial hemp; (3) Any industrial hemp plant monitoring system; or (4) A final order of the department that is specifically directed to the licensee’s or

195.606. 1. The department may revoke or refuse to issue or renew a license or permit to grow or cultivate industrial hemp and may impose a civil penalty of not less than two thousand five hundred dollars or more than fifty thousand dollars for violation of: permitee's industrial hemp operations or activities. 2. In addition, the department may revoke or refuse to issue or renew a license or permit to grow or cultivate industrial hemp for failing to comply with any provision of this chapter or for a violation of any rule of the department that pertains to agricultural operations or activities other than industrial hemp growing or handling.

195.609. 1. Any person growing industrial hemp who does not have a valid license or permit to grow or cultivate industrial hemp shall be subject to an administrative fine of five hundred dollars and shall obtain a valid license or permit to grow or cultivate industrial hemp within thirty days. 2. If during the thirty-day period described in subsection 1 of this section such person applies for and receives a license or permit to grow or cultivate industrial hemp, the amount of the fine imposed under subsection 1 of this section shall be refunded in full. 3. If during the thirty-day period described in subsection 1 of this section such person fails to obtain a license or permit to grow or cultivate industrial hemp, the person shall be fined one thousand dollars per day until such person obtains a license or permit to grow or cultivate industrial hemp or the person's industrial hemp crop is destroyed.

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263.250. 1. Except as otherwise provided for industrial hemp grown and cultivated under section 195.203 and the rules and regulations promulgated by the department of agriculture in accordance with sections 195.600 to 195.609, the plant "marijuana", botanically known as cannabis sativa, is hereby declared to be a noxious weed and all owners and occupiers of land shall destroy all such plants growing upon their land. Any person who knowingly allows such plants to grow on his or her land or refuses to destroy such plants after being notified to do so shall allow any sheriff or such other persons as designated by the county commission to enter upon any land in this state and destroy such plants. 2. Entry to such lands shall not be made, by any sheriff or other designated person to destroy such plants, until fifteen days' notice by certified mail shall be given the owner or occupant to destroy such plants or a search warrant shall be issued on probable cause shown. In all such instances, the county commission shall bear the cost of destruction and notification.

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