HCS SB 39 -- CONTROLLED SUBSTANCES

SPONSOR:  Cauthorn (Mayer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 16 to 0.

This substitute makes several changes in the laws governing
controlled substances.

The substitute creates within the Department of Public Safety the
Missouri Sheriff Methamphetamine Relief Taskforce (MoSMART).  The
task force will consist of five sheriffs appointed by the
Governor.  The task force will award grants from a MoSMART fund
to law enforcement agencies to help cover the costs associated
with the enforcement of methamphetamine laws.

The substitute establishes a $150 surcharge to be assessed on
defendants convicted of any drug charge which requires analysis
of the drug by a crime lab.  This money will be deposited in the
Missouri Crime Laboratory Assistance Program.

The substitute makes the manufacturing or distribution of a
controlled substance a class A felony when it is done within
2,000 feet of any school, or within a residence where a child
resides.  Currently, manufacturing or distributing a controlled
substance in any location is a class B felony.

In addition, the substitute prohibits the retail sale of more
than two packages, or six grams, of any over-the-counter drug
having a sole active ingredient of ephedrine, pseudoephedrine, or
phenylpropanolamine.  The substitute also prohibits the sale of
three packages, or nine grams, of any combination drug containing
ephedrine, pseudoephedrine, or phenylpropanolamine.  Packages
having a sole active ingredient of ephedrine, pseudoephedrine, or
phenylpropanolamine must be kept behind the counter or within six
feet of an attended checkout counter and within the view of the
checker.  This provision does not apply to stores that have an
electronic anti-theft system using a detection alarm and product
tags on these drugs.  The provision supercedes any local
ordinance that might be more restrictive.  Violation of this
provision is a class A misdemeanor.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of More
than $100,000 in FY 2004, FY 2005, and FY 2006.  Totals are
partially subject to appropriation.  Estimated Net Effect on
MoSMART Fund of $0 or Unknown in FY 2004, FY 2005, and FY 2006.
Totals are subject to appropriation.

PROPONENTS:  Supporters say that the battle to contain the
production of methamphetamine continues every day, but the
funding required for this police work might not continue.  Rural
law enforcement agencies simply don't have the resources to
police this growing problem, and they rely upon federal grants to
keep officers working.  That federal money may dry up at any
time.  One three-county region handled 900 cases last year.  They
had received $200,000 in federal grants two years ago, but only
$100,000 this past year.  Local law enforcement needs the state
to help fund this battle.

Testifying for the bill were Senator Cauthorn; Representative
Hobbs; Stuart Miller, Audrain County Sheriff; Missouri Sheriffs
Association; and Missouri Farm Bureau.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:13 am