HS HCS SS SCS SB 89 & 37 -- DRUG OFFENSES

This bill changes various drug offense laws.  In its main
provisions, the bill:

(1)  Clarifies that school teachers are immune from tort claims
for reporting acts of school violence and threatened acts of
school violence when this reporting is mandated by law and done
in conformity with established school board policies (Section
160.261, RSMo);

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

(3)  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);

(4)  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 for employee
violations if they provide an employee training program
(Sections 195.417 and 195.418);

(5)  Requires manufacturers or wholesalers of precursor drugs to
forward all federal reports of suspicious transactions to local
authorities.  Failure to report a suspicious transaction is a
class D felony (Section 195.515);

(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.  Additionally,
the landlord or seller must disclose that the property was the
residence, storage site, or laboratory of a person convicted of
certain drug-related crimes (Sections 441.236 and 442.606);

(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 11:47 am