HB2034

Modifies provisions relating to industrial hemp

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Bill Text from Jan. 10, 2018 - Introduced

SECOND REGULAR SESSION

HOUSE BILL NO. 2034

99TH GENERAL ASSEMBLY

5739H.01I

D. ADAM CRUMBLISS, Chief Clerk

INTRODUCED BY REPRESENTATIVE CURTMAN.

AN ACT

To repeal sections 195.010, 195.017, and 196.070, RSMo, and to enact in lieu thereof sixteen

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Section A. Sections 195.010, 195.017, and 196.070, RSMo, are repealed and sixteen new sections enacted in lieu thereof, to be known as sections 195.010, 195.017, 195.203, 195.740, 195.743, 195.746, 195.749, 195.752, 195.755, 195.758, 195.761, 195.764, 195.767, 195.770, 195.773, and 196.070, 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;

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

(5) "Controlled substance", a drug, substance, or immediate precursor in Schedules I authorized to investigate, commence and prosecute an action under this chapter; 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

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

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 (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

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment or

(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

(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 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: (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; (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,

b. Water pipes; c. Carburetion tubes and devices;

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

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

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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

d. Smoking and carburetion masks; e. Roach clips meaning objects used to hold burning material, such as a marijuana

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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(18) "Federal narcotic laws", the laws of the United States relating to controlled

l. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of 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) Statements made by an owner or by anyone else in control of the substance

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

(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 an average delta-9 tetrahydrocannabinol (THC) concentration that does not exceed three-tenths of one percent on a dry weight basis or the maximum concentration allowed under federal law, whichever is greater; for future planting, or used for processing into or use as agricultural hemp seed; (c) 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, 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

"Person", an individual, corporation, government or governmental [(31)]

(32)

[(30)] (31) "Over-the-counter sale", a retail sale licensed pursuant to chapter 144 of a seeds; drug other than a controlled substance; "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; transaction made by any person, whether as principal, proprietor, agent, servant or employee;

[(38)] (39) "Sale", includes barter, exchange, or gift, or offer therefor, and each such

[(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; (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

HB 2034 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 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: 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 positions covered; 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;

3-(1-naphthoyl)indole

derived

(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: compound a.

structurally

Any

from

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Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by the 3-position of

the

indene

(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 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: 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: methyloctan-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) 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.

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

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

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

(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-2-yl] oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; 7,10,10a-tetrahydrobenzo[c]chromen-1-ol; -(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; j. CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5- phenylpentan-2-yl] 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: oxazolamine); (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; (j) (+,-)cis-4-methylaminorex ((+,-)cis-4,5-dihydro-4-methyl-5-phenyl-2-

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

(k) Methylenedioxypyrovalerone, MDPV, or (1-(1,3-Benzodioxol-5-yl)-2-

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(b)

N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide

(thenylfentanyl),

its

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

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

(n) N-ethylamphetamine; (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: opiate, excluding apomorphine, 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;

(a) Opium and opiate and any salt, compound, derivative or preparation of opium or thebaine-derived butorphanol, dextrorphan, nalbuphine,

HB 2034

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

l. Metopon; 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: (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;

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(r)

Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic

(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 acid; 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: (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

(a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone; (b) Immediate precursors to phencyclidine (PCP): a. 1-phenylcyclohexylamine; b. 1-piperidinocyclohexanecarbonitrile (PCC);

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(3) Abuse of the substance may lead to moderate or low physical dependence or high

(7) Any material, compound, mixture, or preparation which contains any quantity of the

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

(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 following alkyl nitrites: 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: of the following substances or salts having a depressant effect on the central nervous system: of the following substances combined with one or more active medicinal ingredients: salt; 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

(a) Benzphetamine; (b) Chlorphentermine; (c) Clortermine; (d) Phendimetrazine; (2) Any material, compound, mixture or preparation which contains any quantity or salt

(d) Chlorhexadol; (e) Embutramide;

(a) Any material, compound, mixture or preparation which contains any quantity or salt

HB 2034

(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

(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; 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;

HB 2034

Any drug or hormonal substance, chemically and (6)

Anabolic steroids.

(s) 4-dihydrotestosterone (17ß-hydroxy-androstan-3-one);

(5) Any material, compound, mixture, or preparation containing any of the following

(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; narcotic drugs or their salts, as set forth in subdivision (6) of this subsection; buprenorphine; 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-17ß-hydroxy-17a-methyl-androst-1,4-dien-3-one); androst-1-en-3-one); (a) 3ß,17-dihydroxy-5a-androstane; (b) 3a,17ß-dihydroxy-5a-androstane; (c) 5a-androstan-3,17-dione; (d) 1-androstenediol (3ß,17ß-dihydroxy-5a-androst-1-ene); (e) 1-androstenediol (3a,17ß-dihydroxy-5a-androst-1-ene); (f) 4-androstenediol (3ß,17ß-dihydroxy-androst-4-ene); (g) 5-androstenediol (3ß,17ß-dihydroxy-androst-5-ene); (h) 1-androstenedione ([5a]-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 (7a, 17a-dimethyl-17ß-hydroxyandrost-4-en-3-one); (l) Boldenone (17ß-hydroxyandrost-1,4,-diene-3-one); (m) Boldione; (n) Calusterone (7ß, 17a-dimethyl-17ß-hydroxyandrost-4-en-3-one); (o) Clostebol (4-chloro-17ß-hydroxyandrost-4-en-3-one); ( p )

(q) Desoxymethyltestosterone; (r) Ä1-dihydrotestosterone (a.k.a. '1-testosterone')(17ß-hydroxy-5a-

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

(t) Drostanolone (17ß-hydroxy-2a-methyl-5a-androstan-3-one); (u) Ethylestrenol (17a-ethyl-17ß-hydroxyestr-4-ene); (v) Fluoxymesterone (9-fluoro-17a-methyl-11ß,17ß-dihydroxyandrost-4

(w) Formebolone (2-formyl-17a-methyl-11a,17ß-dihydroxyandrost-1,4-dien 7 a - m e t h y l - 4 - h y d r o x y n a n d r o l o n e

HB 2034

(x) Furazabol (17a-methyl-17ß-hydroxyandrostano[2,3-c]-furazan); (y) 13ß-ethyl-17ß-hydroxygon-4-en-3-one; (z) 4-hydroxytestosterone (4,17ß-dihydroxy-androst-4-en-3-one); (aa) 4-hydroxy-19-nortestosterone (4,17ß-dihydroxy-estr-4-en-3-one); (bb) Mestanolone (17a-methyl-17ß-hydroxy-5-androstan-3-one); (cc) Mesterolone (1amethyl-17ß-hydroxy-[5a]-androstan-3-one); (dd) Methandienone (17a-methyl-17ß-hydroxyandrost-1,4-dien-3-one); (ee) Methandriol (17a-methyl-3ß,17ß-dihydroxyandrost-5-ene); (ff) Methenolone (1-methyl-17ß-hydroxy-5a-androst-1-en-3-one); (gg) 17a-methyl-3ß,17ß-dihydroxy-5a-androstane); (hh) 17a-methyl-3a,17ß-dihydroxy-5a-androstane); (ii) 17a-methyl-3ß,17ß-dihydroxyandrost-4-ene; ( j j ) -en-3-one); -3-one); (17a-methyl-4-hydroxy-17ß-hydroxyestr-4-en-3-one); androst-1-en-3-one) (a.k.a. '17-a-methyl-1-testosterone'); (pp) Nandrolone (17ß-hydroxyestr-4-ene-3-one); (qq) 19-nor-4-androstenediol (3ß,17ß-dihydroxyestr-4-ene); (rr) 19-nor-4-androstenediol (3a,17ß-dihydroxyestr-4-ene); (ss) 19-nor-4,9(10)-androstadienedione; (tt) 19-nor-5-androstenediol (3ß,17ß-dihydroxyestr-5-ene); (uu) 19-nor-5-androstenediol (3a,17ß-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 (13ß,17a-diethyl-17ß-hydroxygon-4-en-3-one); (yy) Norclostebol (4-chloro-17ß-hydroxyestr-4-en-3-one); (nn) Mibolerone (7a,17a-dimethyl-17ß-hydroxyestr-4-en-3-one);

(nn) Mibolerone (7a,17a-dimethyl-17ß-hydroxyestr-4-en-3-one); (kk) Methyldienolone (17a-methyl-17ß-hydroxyestra-4,9(10)-dien-3-one); (ll) Methyltrienolone (17a-methyl-17ß-hydroxyestra-4,9-11-trien-3-one); (mm) Methyltestosterone (17a-methyl-17ß-hydroxyandrost-4-en-3-one); (oo) 17a-methyl-Ä1-dihydrotestosterone (17bß-hydroxy-17a-methyl -5a-

HB 2034

(17a-methyl-2-hydroxymethylene-17ß-hydroxy-[5a]-

(eee) Stanozolol (17a-methyl-17ß-hydroxy-[5a]-androst-2-eno [3,2-c]-

(fff) Stenbolone (17ß-hydroxy-2-methyl-[5a]-androst-1-en-3-one); (ggg) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); (hhh) Testosterone (17ß-hydroxyandrost-4-en-3-one); (iii) Tetrahydrogestrinone (13ß,17a-diethyl-17ß-hydroxygon-4,9,11-trien

(zz) Norethandrolone (17a-ethyl-17ß-hydroxyestr-4-en-3-one); (aaa) Normethandrolone (17a-methyl-17ß-hydroxyestr-4-en-3-one); (bbb) Oxandrolone (17a-methyl-17ß-hydroxy-2-oxa-[5a]-androstan-3-one); (ccc) Oxymesterone (17a-methyl-4,17ß-dihydroxyandrost-4-en-3-one); (ddd) Oxymethalone androstan-3-one); pyrazole); -3-one); (jjj) Trenbolone (17ß-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. (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;

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

  2. The controlled substances listed in this subsection are included in Schedule IV:

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

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

HB 2034

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

(b) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-

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

(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; methyl-2-propionoxybutane); (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;

HB 2034

(q) Ethchlorvynol; (r) Ethinamate; (s) Ethyl loflazepate; (t) Fludiazepam; (u) Flunitrazepam; (v) Flurazepam; (w) Fospropofol; (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;

HB 2034

(a) Cathine ((+)-norpseudoephedrine); (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

(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: 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;

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

  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

HB 2034

(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

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

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

(b) Not more than one hundred milligrams of opium per one hundred milliliters or per 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 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

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(4) The seller shall deliver the product directly into the custody of the purchaser. 12.

intern pharmacists, and registered pharmacy

Pharmacists,

(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

(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 federal government or a document that, with respect to identification, is considered acceptable and showing the date of birth of the person; 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

  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

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  1. The department of health and senior services shall revise and republish the schedules 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.
  2. 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.
  3. 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. Notwithstanding any other provision of this chapter or chapter 579 to the contrary, any person who has a valid industrial hemp registration as provided under section 195.746 may grow, harvest, and cultivate industrial hemp, as defined in section 195.010, in accordance with the requirements of such sections.

195.740. For the purposes of sections 195.740 to 195.773, the following terms shall

(2) "Crop", industrial hemp grown under a single registration; (3) "Department", the Missouri department of agriculture; (4) "Grain", Cannabis sativa L. seed used to make an industrial hemp commodity mean: (1) "Agricultural hemp seed", Cannabis sativa L. seed that meets any labeling, quality, or other standards set by the department of agriculture and that is intended for sale, is sold to, or is purchased by registered growers for planting; or product; hemp; for processing into commodities, products, or agricultural hemp seed; (7) "Industrial hemp plant monitoring system", a reporting system that includes, but is not limited to, testing, transfer reports, and data collection maintained by a grower or handler and available to the department for purposes of monitoring agricultural hemp seed and industrial hemp cultivated as an agricultural product from planting to final packaging.

(5) "Grower", a person, joint venture, or cooperative that produces industrial

(6) "Handler", a person, joint venture, or cooperative that receives industrial hemp

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  1. An application for an industrial hemp registration or agricultural hemp seed

(3) The global positioning system coordinates and legal description for the property

(4) The application fee, as determined by the department, in an amount sufficient

(1) The name and address of the applicant; (2) The name and address of the industrial hemp or agricultural hemp seed

195.743. 1. There is hereby created an industrial hemp agricultural pilot program to be implemented by the department to study the growth, cultivation, and marketing of industrial hemp. 2. Industrial hemp shall be an agricultural product that is subject to regulation by the department, including compliance with an industrial hemp plant monitoring system. 195.746. 1. Any grower and handler of industrial hemp shall obtain a registration from the department. Growers and handlers engaged in the production of agricultural hemp seed shall obtain an agricultural hemp seed production permit. An agricultural hemp seed production permit shall authorize a grower or handler to produce and handle agricultural hemp seed for sale to registered industrial hemp growers and handlers. The department shall make information that identifies sellers of agricultural hemp seed available to growers, and any seller of agricultural hemp seed shall ensure that the seed complies with any standards established by the department. production permit shall include: operation; used for the industrial hemp or agricultural hemp seed operation; to cover the administrative costs of processing registration and permit applications; and (5) Any other information the department deems necessary. 3. The department shall issue a registration or permit under this section to an applicant who meets the requirements of this section and section 195.746 upon satisfactory completion of a fingerprint criminal history background check. The department may charge applicants an additional fee for the cost of the fingerprint criminal history background check in addition to the registration or permit fee. and permit holders shall be forwarded to the Missouri state highway patrol. 5. An industrial hemp registration or agricultural hemp seed production permit is: (1) Nontransferable, except such registration or permit may be transferred to a spouse or child who otherwise meets the requirements of a registrant or permittee, and the spouse or child may operate under the existing registration or permit until the registration or permit expires, at which time the renewal shall reflect the change of the registrant or permittee;

  1. Upon issuance of a registration or permit, information regarding all registration

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

(2) Valid for a three-year term unless revoked by the department; and (3) Renewable as determined by the department. 195.749. 1. The department may revoke, refuse to issue, or refuse to renew an industrial hemp registration or agricultural hemp seed production permit and may impose a civil penalty of not less than two thousand five hundred dollars or more than fifty thousand dollars for violation of: handler's industrial hemp operations or activities. 2. A registration or permit shall not be issued to a person who in the five years immediately preceding the application date 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. 3. The department may revoke, refuse to issue, or refuse to renew an industrial hemp registration or an agricultural hemp seed production permit for failing to comply with any provision of this chapter, or for a violation of any department rule relating to agricultural operations or activities other than industrial hemp growing or handling.

195.752. Any person growing industrial hemp who does not have a valid industrial hemp registration issued under section 195.746 shall be subject to an administrative fine of five hundred dollars and shall obtain a valid registration to grow industrial hemp within thirty days. If, during the thirty-day period, such person applies for and receives an industrial hemp registration, the amount of the fine imposed under this section shall be refunded in full. If, during the thirty-day period described in this section, such person fails to obtain an industrial hemp registration, the person shall be fined one thousand dollars per day until such person obtains a registration. After thirty days of failing to obtain an industrial hemp registration and an accumulation of administrative fines exceeding thirty days, the industrial hemp crop shall be destroyed by the department.

195.755. A grower may retain seed from each industrial hemp crop to ensure a sufficient supply of seed for that grower for the following year. A grower shall not be required to obtain an agricultural hemp seed production permit in order to retain seed for future planting. Any seed retained by a grower for future planting shall not be sold or transferred and does not have to meet agricultural hemp seed standards established by the department.

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(1) Any provision of this chapter; (2) Department rules and regulations; (3) Industrial hemp registration or agricultural hemp seed production permit

195.758. 1. Every grower or handler shall be subject to an industrial hemp plant monitoring system and shall keep industrial hemp crop and agricultural hemp seed records as required by the department. Upon three days' notice, the department may require an inspection or audit during any normal business hours for the purpose of ensuring compliance with: requirements, terms, or conditions; or agricultural hemp seed operations or activities. 2. In addition to any inspection conducted under subsection 1 of this section, the department may inspect any industrial hemp crop during the crop's growth phase and take a representative sample for field analysis. If a crop contains an average delta-9 tetrahydrocannabinol concentration exceeding three-tenths of one percent or the maximum concentration allowed under federal law, whichever is greater, on a dry weight basis, the department may detain, seize, or embargo the crop.

(4) Any industrial hemp plant monitoring system requirement; or (5) A final department order directed to the grower's or handler's industrial hemp

195.761. 1. The department shall develop standard identification documentation for industrial hemp and industrial hemp commodities or products. The department shall, upon request, issue identification documentation developed under this section to growers and handlers registered under section 195.746. 2. The department may charge growers and handlers registered under section 195.746 fees reasonably calculated by the department to pay the cost of developing and issuing identification documentation developed under this section.

195.764. 1. The department may charge growers and handlers reasonable fees as determined by the department for the purposes of administering sections 195.740 to 195.761. All fees collected under sections 195.740 to 195.761 shall be deposited in the industrial hemp fund created under this section for use by the department to administer sections 195.740 to 195.761. 2. There is hereby created in the state treasury the "Industrial Hemp Fund", which shall consist of moneys collected under sections 195.746 to 195.761. The state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated fund and moneys in the fund shall be used solely by the department of agriculture for the purpose of administering such sections. Notwithstanding the provisions of section 33.080 to the

HB 2034 contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

195.767. An institution of higher education may, in collaboration with the department, engage in the study of the growth, cultivation, or marketing of industrial hemp and agricultural hemp seed.

195.770. 1. The Missouri Crop Improvement Association, in collaboration with the department, may establish and administer a certification program for agricultural hemp seed in this state. Participation in the certification program shall be voluntary for growers and cultivators of industrial hemp. 2. The Missouri Crop Improvement Association, in collaboration with the department, may develop a Missouri heritage seed for industrial hemp. In developing a Missouri heritage seed, the department may: (1) Breed, plant, grow, cultivate, and harvest the plant cannabis; and (2) Collect seeds from wild cannabis plants.

(1) Breed, plant, grow, cultivate, and harvest the plant cannabis; and (2) Collect seeds from wild cannabis plants. 195.773. The department shall promulgate rules necessary to administer the provisions of sections 195.740 to 195.770. 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. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to 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, 2018, shall be invalid and void.

196.070. 1. A food shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this subdivision if the quantity of such substance in such food does not ordinarily render it injurious to health; or unsafe within the meaning of section 196.085; or decomposed substance, or if it is otherwise unfit for food; or

(3) If it consists, in whole or in part, of any diseased, contaminated, filthy, putrid, or

(2) If it bears or contains any added poisonous or added deleterious substance which is

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(6) If its container is composed, in whole or in part, of any poisonous or deleterious

(7) If any valuable constituent has been in whole or in part omitted or abstracted

(4) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) If it is, in whole or in part, the product of a diseased animal or of an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or substance which may render the contents injurious to health; or therefrom; or (8) If any substance has been substituted wholly or in part therefor; or (9) If damage or inferiority has been concealed in any manner; or (10) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; or (11) If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent, harmless natural wax not in excess of four-tenths of one percent, harmless natural gum, and pectin; provided, that this subdivision shall not apply to any confectionery, by reason of its containing less than five percent by weight of alcohol, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or certified under authority of the federal act. industrial hemp commodity or product.

(12) If it bears or contains a coal tar color other than one from a batch which has been

  1. A food shall not be considered adulterated if it contains industrial hemp, or an

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