Read 1st time February 9, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 195.017, 195.070 and 195.400, RSMo Supp. 1999, relating to controlled substances, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.
Section A. Sections 195.017, 195.070 and 195.400, RSMo Supp. 1999, are repealed and three new sections enacted in lieu thereof, to be known as sections 195.017, 195.070 and 195.400, to read as follows:
195.017. 1. The department of health shall place a substance in Schedule I if it finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted 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;
(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;
(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;
(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:
(a) 4-bromo-2,5-dimethoxyamphetamine;
(b) 4-bromo-2, 5-dimethoxyphenethylamine;
(c) 2,5-dimethoxyamphetamine;
(d) 2,5-dimethoxy-4-ethylamphetamine;
(e) 4-methoxyamphetamine;
(f) 5-methoxy-3,4-methylenedioxyamphetamine;
(g) 4-methyl-2,5-dimethoxy amphetamine;
(h) 3,4-methylenedioxyamphetamine;
(i) 3,4-methylenedioxymethamphetamine;
(j) 3,4-methylenedioxy-N-ethylamphetamine;
(k) N-nydroxy-3, 4-methylenedioxyamphetamine;
(l) 3,4,5-trimethoxyamphetamine;
(m) Alpha-ethyltryptamine;
(n) Bufotenine;
(o) Diethyltryptamine;
(p) Dimethyltryptamine;
(q) Ibogaine;
(r) Lysergic acid diethylamide;
(s) Marijuana; (Marihuana);
(t) Mescaline;
(u) Parahexyl;
(v) 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 plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or extracts;
(w) N-ethyl-3-piperidyl benzilate;
(x) N-methyl-3-piperidyl benzilate;
(y) Psilocybin;
(z) Psilocyn;
(aa) Tetrahydrocannabinols;
(bb) Ethylamine analog of phencyclidine;
(cc) Pyrrolidine analog of phencyclidine;
(dd) Thiophene analog of phencyclidine;
(ee) 1-(1-(2-thienyl)cyclohexyl) pyrrolidine;
(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;
[(b)] (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:
(a) Aminorex;
(b) Cathinone;
(c) Fenethylline;
(d) Methcathinone;
(e) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro- 4-methyl-5-phenyl-2-oxazolamine);
(f) N-ethylamphetamine;
(g) 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:
(a) N-(1-benzyl-4-piperidyl)-N-phenyl-propanamide (benzylfentanyl), its optical isomers, salts and salts of isomers;
(b) N-(1-(2-thienyl) methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers.
3. The department of health shall place a substance in Schedule II if it finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States, 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;
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;
(e) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid 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) Butyl nitrite;
(h) Dihydrocodeine;
(i) Diphenoxylate;
(j) Fentanyl;
(k) Isomethadone;
(l) Levo-alphacetylmethadol;
(m) Levomethorphan;
(n) Levorphanol;
(o) Metazocine;
(p) Methadone;
(q) Meperidine;
(r) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(s) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane--carboxylic acid;
(t) Pethidine;
(u) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(v) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(w) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid;
(x) Phenazocine;
(y) Piminodine;
(z) Racemethorphan;
(aa) Racemorphan;
(bb) Sulfentanil;
(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) Methamphetamine, its salts, isomers, and salts of its isomers;
(c) Phenmetrazine and its salts;
(d) 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:
(a) Amobarbital;
(b) Glutethimide;
(c) Pentobarbital;
(d) Phencyclidine;
(e) Secobarbital;
(5) Any material, compound or compound which contains any quantity of the following substances:
(a) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product;
(b) Nabilone;
(6) Any material, compound, mixture, or preparation which contains any quantity of the following substances:
(a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone;
(b) Immediate precursors to phencyclidine (PCP):
a. 1-phenylcyclohexylamine;
b. 1-piperidinocyclohexanecarbonitrile (PCC).
5. The department of health shall place a substance in Schedule III if it finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high 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:
a. Amobarbital;
b. 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;
c. Secobarbital;
[c.] d. 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 salt;
(d) Chlorhexadol;
(e) Ketamine, its salts, isomers, and salts of isomers;
(f) Lysergic acid;
[(f)] (g) Lysergic acid amide;
[(g)] (h) Methyprylon;
[(h)] (i) Sulfondiethylmethane;
[(i)] (j) Sulfonethylmethane;
[(j)] (k) Sulfonmethane;
[(k)] (l) 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 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;
(5) Anabolic steroids. Unless specially excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any quantity of the following substances, including its salts, isomers and salts of isomers whenever the existence of such salts of isomers is possible within the specific chemical designation:
(a) Boldenone;
(b) Chlorotestosterone (4-Chlortestosterone);
(c) Clostebol;
(d) Dehydrochlormethyltestosterone;
(e) Dihydrostestosterone (4-Dihydro-testosterone);
(f) Drostanolone;
(g) Ethylestrenol;
(h) Fluoxymesterone;
(i) Formebulone (Formebolone);
(j) Mesterolone;
(k) Methandienone;
(l) Methandranone;
(m) Methandriol;
(n) Methandrostenolone;
(o) Methenolone;
(p) Methyltestosterone;
(q) Mibolerone;
(r) Nandrolone;
(s) Norethandrolone;
(t) Oxandrolone;
(u) Oxymesterone;
(v) Oxymetholone;
(w) Stanolone;
(x) Stanozolol;
(y) Testolactone;
(z) Testosterone;
(aa) Trenbolone;
(bb) Any salt, ester, or isomer of a drug or substance described or listed in this subdivision, if that salt, ester or isomer 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.
(6) The department of health 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.
7. The department of health shall place a substance in Schedule IV if it finds that:
(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; and
(3) Abuse of the substance may lead to limited physical dependence or psychological 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:
(a) Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;
(b) Dextropropoxyphene (alpha-(+)-4-dimethy-lamino-1, 2-diphenyl-3-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:
a. Not more than two hundred milligrams of codeine per one hundred milliliters or per one hundred grams;
b. Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters or per one hundred grams;
c. Not more than one hundred milligrams of ethylmorphine per one hundred milliliters 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) Estazolam;
(p) Ethchlorvynol;
(q) Ethinamate;
(r) Ethyl loflazepate;
(s) Fludiazepam;
(t) Flunitrazepam;
(u) Flurazepam;
(v) Halazepam;
(w) Haloxazolam;
(x) [Ketamine;
(y)] Ketazolam;
[(z)] (y) Loprazolam;
[(aa)] (z) Lorazepam;
[(bb)] (aa) Lormetazepam;
[(cc)] (bb) Mebutamate;
[(dd)] (cc) Medazepam;
[(ee)] (dd) Meprobamate;
[(ff)] (ee) Methohexital;
[(gg)] (ff) Methylphenobarbital;
[(hh)] (gg) Midazolam;
[(ii)] (hh) Nimetazepam;
[(jj)] (ii) Nitrazepam;
[(kk)] (jj) Nordiazepam;
[(ll)] (kk) Oxazepam;
[(mm)] (ll) Oxazolam;
[(nn)] (mm) Paraldehyde;
[(oo)] (nn) Petrichloral;
[(pp)] (oo) Phenobarbital;
[(qq)] (pp) Pinazepam;
[(rr)] (qq) Prazepam;
[(ss)] (rr) Quazepam;
[(tt)] (ss) Temazepam;
[(uu)] (tt) Tetrazepam;
[(vv)] (uu) Triazolam;
[(ww)] (vv) Zolpidem;
(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);
(b) Diethylpropion;
(c) Fencamfamin;
(d) Fenproporex;
(e) Mazindol;
(f) Mefenorex;
(g) Pemoline, including organometallic complexes and chelates thereof;
(h) Phentermine;
(i) Pipradrol;
(j) SPA ((-)-1-dimethyamino-1,2-diphenylethane);
(5) Any material, compound, mixture or preparation containing any quantity of the following substance, including its salts: pentazocine;
(6) Any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system including their salts, isomers and salts of isomers: ephedrine or its salts, optical isomers, or salts of optical isomers as the only active medicinal ingredient or contains ephedrine or its salts, optical isomers, or salts of optical isomers and therapeutically insignificant quantities of another active medicinal ingredient;
(7) The department of health 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 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.
9. The department of health shall place a substance in Schedule V if it finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
10. The controlled substances listed in this subsection are included in Schedule V:
(1) Any material, compound, mixture or preparation containing any of the following narcotic drug and its salts: buprenorphine;
(2) 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:
(a) Not more than two and five-tenths milligrams of diphenoxylate and not less than twenty-five micrograms of atropine sulfate per dosage unit;
(b) Not more than one hundred milligrams of opium per one hundred milliliters or per one hundred grams;
(c) Not more than five-tenths milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;
(3) 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.
11. The department of health shall revise and republish the schedules annually.
195.070. 1. A physician, podiatrist, dentist, or a registered optometrist certified to administer pharmaceutical agents as provided in section 336.220, RSMo, in good faith and in the course of his or her professional practice only, may prescribe, administer, and dispense controlled substances or he or she may cause the same to be administered or dispensed by [a nurse or graduate physician under his direction and supervision] an individual as authorized by statute.
2. A veterinarian, in good faith and in the course of his professional practice only, and not for use by a human being, may prescribe, administer, and dispense controlled substances and he may cause them to be administered by an assistant or orderly under his direction and supervision.
3. A practitioner shall not accept any portion of a controlled substance unused by a patient, for any reason, if such practitioner did not originally dispense the drug.
4. An individual practitioner may not prescribe or dispense a controlled substance for such practitioner's personal use except in a medical emergency.
195.400. 1. As used in sections 195.400 to 195.425 the term "person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
2. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any of the following substances to any person shall submit to the department of health a report, as prescribed by the department of health, of all such transactions:
(1) Anthranilic acid, its esters and its salts;
(2) Benzyl cyanide;
(3) Ergotamine and its salts;
(4) Ergonovine and its salts;
(5) N-Acetylanthranilic acid, its esters and its salts;
(6) Phenylacetic acid, its esters and its salts;
(7) Piperidine and its salts;
(8) 3,4,-Methylenedioxyphenyl-2-propanone;
(9) Acetic anhydride;
(10) Acetone;
(11) Benzyl Chloride;
(12) Ethyl ether;
(13) Hydriodic acid;
(14) Potassium permanganate;
(15) 2-Butanone (or Methyl Ethyl Ketone or MEK);
(16) Toluene;
(17) Ephedrine, its salts, optical isomers, and salts of optical isomers;
(18) Norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(19) Phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;
(20) Pseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(21) Methylamine and its salts;
(22) Ethylamine and its salts;
(23) Propionic anhydride;
(24) Isosafrole;
(25) Safrole;
(26) Piperonal;
(27) N-Methylephedrine, its salts, optical isomers and salts of optical isomers;
(28) N-Methylpseudoephedrine, its salts, optical isomers and salts of optical isomers;
(29) Benzaldehyde;
(30) Nitroethane;
(31) Methyl Isobutyl Ketone (MIBK);
(32) Sulfuric acid;
(33) Iodine;
(34) Red phosphorous;
(35) Gamma butyrolactone;
(36) 1,4 Butanediol.
3. The chemicals listed or to be listed in the schedule in subsection 2 of this section are included by whatever official, common, usual, chemical, or trade name designated.
4. The department of health by rule or regulation may add substances to or delete substances from subsection 2 of this section in the manner prescribed [under] pursuant to section 195.017, if such substance is a component of or may be used to produce a controlled substance.
5. Any manufacturer, wholesaler, retailer or other person shall, prior to selling, transferring, or otherwise furnishing any substance listed in subsection 2 of this section to a person within this state, require such person to give proper identification. For the purposes of this section "proper identification" means:
(1) A motor vehicle operator's license or other official state-issued identification which [contains a photograph of the person and] includes the residential or mailing address of the person, other than a post office box number; or
(2) [The motor vehicle license number of any motor vehicle operated by the person;
(3)] A letter of authorization from the business to which any of the substances listed in subsection 2 of this section are being transferred, which shall include the address of the business and business license number if the business is required to have a license number; and
[(4)] (3) A full description of how the substance is to be used; and
[(5)] (4) The signature of the person to whom such substances are transferred.
The person selling, transferring, or otherwise furnishing any substance listed in subsection 2 of this section shall affix his signature, to the document which evidences that a sale or transfer has been made, as a witness to the signature and proper identification of the person purchasing such substance.
6. Any manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any substance listed in subsection 2 of this section to a person shall[, not less than twenty-one days prior to the delivery of the substance, submit a report of the transaction as prescribed by the department of health, which shall include the proper identification information. The department of health may allow the submission of such reports on a monthly basis with respect to repeated, regular transactions between a person who furnishes such substances and the person to whom such substances are delivered, if the department determines that either:
(1) A pattern of regular supply of the substance exists between the manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes such substance and the person to whom such substance is delivered; or
(2) The person to whom such substance is delivered has established a record of utilization of the substance for lawful purposes.
7.] keep records and inventories of all such chemicals in conformance with the record-keeping and inventory requirements of federal law, and in accordance with any additional regulations of the department of health.
7. The department of health is authorized to inspect the establishment of a registrant or applicant in accordance with the provisions of sections 195.005 to 195.425.
8. This section shall not apply to any of the following:
(1) Any pharmacist, pharmacy, or other authorized person who sells or furnishes a substance listed in subsection 2 of this section upon the prescription or order of a physician, dentist, podiatrist or veterinarian;
(2) Any physician, optometrist, dentist, podiatrist or veterinarian who administers, dispenses or furnishes a substance listed in subsection 2 of this section to his or her patients within the scope of his or her professional practice. Such administration or dispensing shall be recorded in the patient record;
(3) Any sale, transfer, furnishing or receipt of any drug which contains any substance listed in subsection 2 of this section and which is lawfully sold, transferred, or furnished over the counter without a prescription pursuant to the federal Food, Drug and Cosmetic Act or regulations adopted thereunder.
[8.] 9. (1) Any violation of subsection 5 of this section shall be a class D felony.
(2) Any person subject to subsection 6 of this section who does not [submit a report] keep records or inventory as required or who knowingly [submits a report with] documents false or fictitious information shall be guilty of a class D felony and subject to a fine not exceeding ten thousand dollars.
(3) Any person who is found guilty a second time of not [submitting a report] keeping records or inventory as required in
subsection 6 of this section or who knowingly [submits such a report with] documents false or fictitious information shall
be guilty of a class C felony and subject to a fine not exceeding one hundred thousand dollars.
Missouri House of Representatives