CCS HCS SB 39 -- CONTROLLED SUBSTANCES

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

The bill makes the manufacturing 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, only the
distribution of a controlled substance within 2,000 feet of a
school is a class A felony, while manufacturing or distributing a
controlled substance in any other location is a class B felony.
Producing or distributing less than five grams of marijuana in
any location remains a class C felony.

The bill also removes the possibility of parole for any
persistent drug offender convicted of distribution of a
controlled substance within 2,000 feet of a school or within
1,000 feet of public housing.

The bill prohibits the 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 bill 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 10
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 bill supercedes any local ordinance
passed on or after December 23, 2002, that is more restrictive.
Violation of this provision is a class A misdemeanor.

The bill also creates the crime of unlawful release of anhydrous
ammonia, a class B felony.  A person commits the crime when he or
she is not the lawful possessor of anhydrous ammonia and releases
the chemical into the atmosphere.

The bill creates within the Department of Public Safety the
Missouri Sheriff Methamphetamine Relief Task Force (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 bill 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 bill also
authorizes courts to order a defendant convicted of a drug crime
to pay for the testing of the drug, when the testing is done at a
private lab.

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