CCS SCS HB 471 -- DRUG TRAFFICKING

This bill enacts several changes to the law regarding drugs and
drug trafficking.  In its main provisions, the bill:

(1)  Modifies laws relating to certain products used in
methamphetamine production.  The bill:

(a)  Defines ephedrine, pseudoephedrine, and
phenylpropanolamine, which are commonly used in the manufacture
of methamphetamine, as methamphetamine precursor drugs (Section
195.010, RSMo);

(b)  Adds the delivery of, or possession with intent to
manufacture of, more than 24 grams of precursor drugs to
existing drug trafficking law, with a legitimate business
exception.  Possession of more than 24 grams is prima facie
evidence of both intent to deliver drug paraphernalia and intent
to manufacture amphetamine or methamphetamine.  All violations
are class D felonies (Sections 195.235 and 195.246); and

(c)  Prohibits the sale of more than 3 packages that contain any
methamphetamine precursor drug in any single transaction and
prohibits the sale of any package of any methamphetamine
precursor drug that contains more than 3 grams per package.  All
nonliquid products must be in blister packs containing no more
than 2 dosage units or in single unit dose packets or pouches.
Any violation of these provisions is a class A misdemeanor,
except that owners or operators of outlets where the substances
are sold will not be subject to prosecution on employee
violations if they provide an employee training program
(Sections 195.417 and 195.418);

(2)  Adds gamma hydroxybutyric acid (GHB) to the Schedule I list
of controlled substances and adds both GHB contained in a drug
product approved by federal law and ketamine to Schedule III.
Currently, ketamine is a Schedule IV controlled substance
(Section 195.017);

(3)  Requires certain medical professionals to use only those
individuals authorized by statute to dispense controlled
substances.  Currently, a nurse or graduate physician under the
professional's direction and supervision may dispense these
substances (Section 195.070);

(4)  Adds distribution or manufacture of more than 30 grams of
any material containing any amount of the substance
3,4-methylenedioxymethamphetamine (commonly known as "ecstasy")
to the crime of trafficking drugs in the first degree.  If the
quantity is more than 30 grams but less than 90 grams, the
penalty is a class A felony.  If the quantity is 90 grams or
more, or more than 30 grams within 2,000 feet of public housing
or within a motor vehicle or hotel, the penalty is a class A
felony without probation or parole.  The bill also provides that
possession of more than 30 grams of any material containing any
amount of the substance 3,4-methylenedioxymethamphetamine
constitutes trafficking in the second degree.  If the quantity
is more than 30 grams but less than 90 grams, the penalty is a
class B felony; possession of 90 grams or more but less than 450
grams is a class A felony; and possession of 450 grams or more
is a class A felony without probation or parole (Sections
195.222 and 195.223);

(5)  Adds gamma butyrolactone and 1,4 butanediol to the list of
substances for which retailers are required to report sales.
The bill removes photographs and motor vehicle license numbers
from the list of allowable identifications for purchase of the
substances.  The reporting requirements are revised to require
retailers to keep records and inventories in compliance with
federal law as well as Department of Health regulations in place
of the reports that are required to be filed under current law.
In addition, the Department of Health may inspect the
establishment of any reporting retailer (Section 195.400);

(6)  Requires an owner of real property with prior knowledge of
methamphetamine production on the property to disclose that fact
in writing to any prospective renter or buyer (Section 441.236);

(7)  Establishes a Drug Courts Coordinating Commission and a
Drug Court Resources Fund to coordinate, allocate, and
distribute resources to drug courts throughout the state
(Section 478.009); and

(8)  Revises laws involving anhydrous ammonia and liquid
nitrogen.  The bill:

(a)  Prohibits persons making unauthorized removals of anhydrous
ammonia from suing the legal owners of the anhydrous ammonia for
damages involved with the removal, unless the owner is willfully
or wantonly negligent (Section 537.297);

(b)  Makes the theft of liquid nitrogen, or any attempt to steal
liquid nitrogen or anhydrous ammonia, a class C felony (Section
570.030);

(c)  Makes the theft of anhydrous ammonia by appropriation of
truck or tank a class A felony (Section 570.030); and

(d)  Makes the possession of anhydrous ammonia in a nonapproved
container a class D felony (Section 578.154).

Missouri House of Representatives
Last Updated November 26, 2001 at 11:44 am