ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 570.020, 570.080, 575.230 and 578.395, RSMo 1994, and sections 195.017, 195.070, 195.400 and 570.030, RSMo Supp. 1999, relating to crimes and punishment, and to enact in lieu thereof seventeen new sections relating to the same subject, with penalty provisions.
Section A. Sections 570.020, 570. 080, 575.230 and 578.395, RSMo 1994 and sections 195.017, 195.070, 195.400 and 570.030, RSMo Supp. 1999, are repealed and seventeen new sections enacted in lieu thereof, to be known as sections 195.017, 195.070, 195.400, 221.510, 568.052, 568.065, 568.072, 570.020, 570.030, 570.080, 575.230, 650.400, 650.403, 650.406, 650.409, 650.412 and 650.415, 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.
221.510. 1. This section hereafter shall be known as "Jake's Law" in honor of Jake Robel.
2. Every chief law enforcement official, sheriff, public jailer, private jailer, department of corrections official and regional jail district official shall conduct an inquiry of pending outstanding warrants on all prisoners about to be released, whether convicted or being held on suspicion of charges.
3. No prisoner, whether convicted of a crime or being held on suspicion of charges, shall be released from a correctional facility prior to having a warrant check conducted by an authorized member of the correctional facility.
4. If any prisoner's warrant check indicates outstanding charges or outstanding warrants from another jurisdiction, it shall be the duty of the official requesting the warrant check to inform the agency that issued the warrant that the correctional facility has such prisoner in custody and that prisoner shall not be released unless to the custody of the jurisdictional authority that had issued the warrant, unless the warrant has been satisfied or dismissed, or unless the warrant issuing agency has notified the correctional facility holding the prisoner that they do not wish the prisoner be transferred or the warrant to be pursued.
5. Any person may make a report to the Missouri highway patrol for violations of this section, which shall conduct an investigation. If, in the opinion of the superintendent of the highway patrol, the investigation yields reasonable grounds to believe that a violation of this section is occurring or has occurred, such person shall refer that information to the attorney general or the county prosecutor of the county where the violations are alleged to have occurred.
6. If an authorized member of the correctional facility fails to perform a warrant check that results in the release of a prisoner with outstanding warrants, that individual shall be guilty of a class A misdemeanor.
568.052. 1. As used in this section, the following terms mean:
(1) "Collision", the act of a motor vehicle coming into contact with an object or a person;
(2) "Injury", physical harm to the body of a person;
(3) "Motor vehicle", any automobile, truck, truck-tractor, or any motor bus or motor-propelled vehicle not exclusively operated or driven on fixed rails or tracks;
(4) "Unattended", not accompanied by an individual fourteen years of age or older.
2. A person commits the crime of leaving a child unattended in a motor vehicle in the first degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child fatally injures another person by causing a motor vehicle collision or by causing the motor vehicle to fatally injure a pedestrian, such person shall be guilty of a class C felony.
3. A person commits the crime of leaving a child unattended in a motor vehicle in the second degree if such person knowingly leaves a child ten years of age or less unattended in a motor vehicle and such child injures another person by causing a motor vehicle collision or by causing the motor vehicle to injure a pedestrian, such person shall be guilty of a class A misdemeanor.
568.065. 1. No person shall excise or infibulate, in whole or in part, the labia majora, labia minora, vulva or clitoris of a female child less than seventeen years of age.
2. No parent, guardian or other person legally responsible for a female child less than seventeen years of age shall permit the excision or infibulation, in whole or in part, of the labia majora, labia minora, vulva or clitoris of such female child.
3. Any person who violates the provisions of subsection 1 or 2 of this section is guilty of a class B felony.
4. Belief that the conduct described in subsection 1 of this section is required as a matter of custom, ritual or standard practice, or consent to the conduct by the child on whom it is performed or by the child's parent or legal guardian, shall not be an affirmative defense to a charge pursuant to this section.
5. A surgical procedure as described in subsection 1 of this section is not a crime if the procedure:
(1) Is necessary to preserve the health of the child on whom it is performed and is performed by a person licensed to practice medicine in this state; or
(2) Is performed on a child who is in labor or who has just given birth and is performed for medical purposes connected with such labor or birth by a person licensed to practice medicine in this state.
568.072. 1. A person commits the crime of unlawful drug transactions with a child if the person:
(1) Knowingly permits a child less than seventeen years of age to enter or remain in a place where illegal activity in controlled substances, as defined in chapter 195, RSMo, is maintained or conducted; or
(2) Knowingly encourages, aids or causes a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 195, RSMo;
(3) Enlists the aid, either through payment or coercion, of a person less than seventeen years of age to unlawfully manufacture, compound, produce, prepare, sell, transport, test or analyze amphetamine or methamphetamine or any of their analogues, or to obtain any material used to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues; or
(4) Unlawfully manufactures, compounds, produces, prepares, sells, transports, tests or analyzes amphetamine or methamphetamine or any of their analogues in the presence of a person less than seventeen years of age;
(5) Violates section 195.211, RSMo, by distributing or delivering any controlled substance to a person less than seventeen years of age.
2. Unlawful drug transactions with a child is a class A felony.
3. It is not a defense to a violation of this section that the defendant did not know the age of the child.
570.020. For the purposes of this chapter, the value of property shall be ascertained as follows:
(1) Except as otherwise specified in this section, "value" means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime. If the victim is a merchant, as defined in section 400.2-104, RSMo, and the property is a type that the merchant sells in the ordinary course of business, then the property shall be valued at the price that such merchant would normally sell such property;
(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:
(a) The value of an instrument constituting evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectible thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied;
(b) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument;
(3) When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in subdivisions (1) and (2) of this section, its value shall be deemed to be an amount less than one hundred fifty dollars.
570.030. 1. A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.
2. Evidence of the following is admissible in any criminal prosecution under this section on the issue of the requisite knowledge or belief of the alleged stealer:
(1) That he or she failed or refused to pay for property or services of a hotel, restaurant, inn or boardinghouse;
(2) That he or she gave in payment for property or services of a hotel, restaurant, inn or boardinghouse a check or negotiable paper on which payment was refused;
(3) That he or she left the hotel, restaurant, inn or boardinghouse with the intent to not pay for property or services;
(4) That he or she surreptitiously removed or attempted to remove his or her baggage from a hotel, inn or boardinghouse.
3. Stealing is a class D felony if the value of the property or services is at least one hundred fifty dollars but less than four hundred twenty-five dollars.
4. Stealing is a class C felony if:
(1) The value of the property or services appropriated is [seven] four hundred [fifty] twenty-five dollars or more; or
(2) The actor physically takes the property appropriated from the person of the victim; or
(3) The property appropriated consists of:
(a) Any motor vehicle, watercraft or aircraft; or
(b) Any will or unrecorded deed affecting real property; or
(c) Any credit card or letter of credit; or
(d) Any firearms; or
(e) A United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open; or
(f) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri; or
(g) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States; or
(h) Any book of registration or list of voters required by chapter 115, RSMo; or
(i) Any animal of the species of horse, mule, ass, cattle, swine, sheep, or goat; or
(j) Live fish raised for commercial sale with a value of seventy-five dollars; or
(k) Any controlled substance as defined by section 195.010, RSMo.
[4.] 5. If an actor appropriates any material with a value less than one hundred fifty dollars in violation of this section with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues, then such violation is a class D felony. The theft of any amount of anhydrous ammonia is a class D felony.
[5.] 6. The theft of any item of property or services under subsection [3] 4 of this section which exceeds [seven] one hundred fifty dollars may be considered a separate felony and may be charged in separate counts.
[6.] 7. Any person with a prior conviction of paragraph (i) of subdivision (3) of subsection [3] 4 of this section and who violates the provisions of paragraph (i) of subdivision (3) of subsection [3] 4 of this section when the value of the animal or animals stolen exceeds three thousand dollars is guilty of a class B felony.
[7.] 8. Any violation of this section for which no other penalty is specified in this section is a class A misdemeanor.
570.080. 1. A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.
2. Evidence of the following is admissible in any criminal prosecution under this section to prove the requisite knowledge or belief of the alleged receiver:
(1) That he was found in possession or control of other property stolen on separate occasions from two or more persons;
(2) That he received other stolen property in another transaction within the year preceding the transaction charged;
(3) That he acquired the stolen property for a consideration which he knew was far below its reasonable value.
3. Receiving stolen property is a class A misdemeanor unless the property involved has a value of at least one hundred fifty dollars but less than four hundred twenty-five dollars, in which case receiving stolen property is a class D felony. If the property involved has a value of four hundred twenty-five dollars or more, or the person receiving the property is a dealer in goods of the type in question, in which cases receiving stolen property is a class C felony.
575.230. 1. A person commits the crime of aiding escape of a prisoner if [he] the person:
(1) Introduces into any place of confinement any deadly weapon or dangerous instrument, or other thing adapted or designed for use in making an escape, with the purpose of facilitating the escape of any prisoner confined therein, or of facilitating the commission of any other crime; or
(2) Assists or attempts to assist any prisoner who is being held in custody or confinement for the purpose of effecting the prisoner's escape from custody or confinement.
2. Aiding escape of a prisoner by introducing a deadly weapon or dangerous instrument into a place of confinement is a class B felony. Aiding escape of a prisoner being held in custody or confinement on the basis of a felony charge or conviction is a class [D] B felony. Otherwise, aiding escape of a prisoner is a class A misdemeanor.
[578.395. 1. Any person, firm, or corporation who resells or offers to resell any ticket for admission, or any other evidence of the right of entry, to any public sporting event for a price in excess of the price printed on the ticket is guilty of the offense of ticket scalping. For purposes of this section, if a seller requires, as a precondition of the resale of a ticket, the purchase or rental of other goods or services at a price in excess of the fair market value of such goods or services, the excess amount shall be deemed to be part of the purchase price of the ticket.
2. Nothing in this section shall prohibit nor shall be deemed to prohibit a seller, with consent of the sponsor of such sporting event, from collecting a reasonable service charge from a ticket purchaser in return for services actually rendered.
3. Any person violating this section upon conviction shall be guilty of a misdemeanor and, except as provided in subsection 4 of this section, shall be punished as follows:
(1) For the first offense, by a fine of not less than fifty dollars nor more than three hundred dollars or by imprisonment in the county jail for a term of not less than fifteen days;
(2) For the second offense, by a fine of not less than three hundred dollars nor more than five hundred dollars or by imprisonment in the county jail for a term of not less than sixty days nor more than six months;
(3) For the third and each subsequent offense, by a fine of not less than five hundred dollars nor more than one thousand dollars or imprisonment in the county jail for a term of not less than six months nor more than one year.
4. In lieu of any fine imposed under subsection 3 of this section, the court may invoke the provisions of subsection 2 of section 560.016, RSMo, against any person convicted of a second or subsequent offense of this section.]
650.400. The department of public safety is hereby designated as the central repository for the collection, maintenance, analysis and reporting of crime incident activity, including, but not limited to, the manufacture, possession, sale and distribution of methamphetamine and all other illegal drug activity, that is generated by law enforcement agencies in Missouri. The department of public safety shall develop and operate a uniform crime reporting system that is compatible with the national uniform crime reporting system operated by the Federal Bureau of Investigation.
650.403. The department of public safety, shall:
(1) Develop, operate and maintain an information system for the collection, storage, maintenance, analysis and retrieval of crime incident and arrest reports from Missouri law enforcement agencies;
(2) Compile the statistical data and forward such data as required to the Federal Bureau of Investigation or the appropriate Department of Justice agency, in accordance with the standards and procedures of the national systems;
(3) Provide the forms, formats, procedures, standards and related training and training assistance to all law enforcement agencies in the state as necessary for these agencies to report incident and arrest activity for timely inclusion into the statewide system;
(4) Annually publish a report on the nature and extent of crime and furnish the report to the governor and the Missouri general assembly. This report and other statistical reports shall be made available to state and local law enforcement agencies and the general public through an electronic or manual media; and
(5) Maintain the privacy and security of information in accordance with applicable state and federal laws, regulations or orders.
650.406. The department of public safety, may:
(1) Enter into agreements with agencies or groups for statistical comparison of crime reports and related data, however, such reports shall not reveal the identity of the persons nor shall the receiving agency or group attempt to reestablish the identity of such persons; and
(2) Prepare special compilations of data from the uniform crime reporting system for nongovernmental agencies for a fee commensurate with resources expended; the fee of which shall be allocated to the state's criminal justice technology funds.
650.409. Law enforcement agencies in Missouri shall cooperate in the collection of data and statistics as required by sections 650.400 to 650.415 and shall:
(1) Submit crime incident reports to the department of public safety on forms or in the format prescribed by the department; and
(2) Submit, at a minimum, the crime incident information prescribed by the department.
650.412. 1. The director of the department of public safety shall, in accordance with the provisions of chapter 536, RSMo, establish such rules and regulations as are necessary to carry out the provisions of sections 650.400 to 650.415.
2. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
650.415. Any law enforcement agency which violates the provisions of sections 650.400 to 650.415 may not be
eligible to receive state or federal funds which would otherwise be paid to it for law enforcement, safety or criminal
justice purposes.
Missouri
House of Representatives