Bill Text: MO HB2147 | 2014 | Regular Session | Introduced
Bill Title: Changes the laws regarding the sale and possession of controlled substances
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-05-16 - Referred: Judiciary(H) [HB2147 Detail]
Download: Missouri-2014-HB2147-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES MORRIS (Sponsor), LOVE, LANT, MESSENGER, LYNCH, ENGLISH, OTTO, SWAN AND MIMS (Co-sponsors).
6351H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 195.246 and 195.417, RSMo, and to enact in lieu thereof five new sections relating to controlled substances, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 195.246 and 195.417, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 195.246, 195.417, 195.419, 195.422, and 195.423, to read as follows:
195.246. 1. It is unlawful for any person to possess any methamphetamine precursor drug with the intent to manufacture amphetamine, methamphetamine or any of their analogs.
2. Possession of more than [twenty-four] fifteen grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs shall be prima facie evidence of intent to violate this section. This subsection shall not apply to any practitioner or to any product possessed in the course of a legitimate business.
3. A person who violates this section is guilty of a class D felony.
195.417. 1. The limits specified in this section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.
2. Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination drug; or
(3) A combination of any of the products specified in subdivisions (1) and (2) of this subsection; in any total amount greater than [nine] seven and one-half grams, without regard to the number of transactions.
3. Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination drug; or
(3) A combination of any of the products specified in subdivisions (1) and (2) of this subsection; in any total amount greater than three and six-tenths grams without regard to the number of transactions.
4. (1) Within any twelve-month period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount: any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, pseudoephedrine, any of their salts or optical isomers, or salts of optical isomers, either as:
a. The sole active ingredient;
b. One of the active ingredients of a combination drug; or
c. A combination of any of the products specified in subparagraphs a and b of this subdivision; in any total amount greater than sixty grams without regard to the number of transactions.
(2) If an individual purchases, receives, or otherwise acquires thirty grams of any product listed in subdivision (1) of this subsection over the counter during any six-month period of the twelve-month period described in subdivision (1) of this subsection, the individual must obtain a prescription to purchase an additional amount of such product, not to exceed sixty grams annually, during the remaining time of the twelve-month period.
The monthly and annual purchase limits contained in this section shall include any quantities of such products that are purchased in other states, if such other state is utilizing the same electronic tracking system utilized in this state.
5. All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under section 195.017.
[5.] 6. Each pharmacy and pharmacist licensed in this state shall have the discretion to, in good faith, refuse to sell, dispense, or otherwise provide any individual with any methamphetamine precursor drug, and such pharmacy shall not be subject to criminal or civil liability for failure to sell, dispense, or otherwise provide such methamphetamine precursor drug.
7. Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this section in accordance with transmission methods and frequency established by the department by regulation.
[6. This section shall supersede and preempt any local ordinances or regulations, including any ordinances or regulations enacted by any political subdivision of the state.] 8. This section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.
[7.] 9. All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by municipal, county, and state or federal law enforcement officers whose duty it is to enforce the controlled substances laws of this state or the United States.
[8.] 10. Within thirty days of June 15, 2005, all persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
[9.] 11. Any person who knowingly or recklessly violates this section is guilty of a class A misdemeanor.
195.419. Any person who has been found guilty or pled guilty or nolo contendere to any felony drug crime shall be required to obtain a prescription to purchase, receive, or otherwise acquire any drug or drug product containing any detectable amount of ephedrine, phenylpropanolamine, pseudoephedrine, any of their salts or optical isomers, or salts of optical isomers.
195.422. To protect the privacy interests of persons purchasing controlled substances, the department of public safety shall implement a method of coordination between the MULES system and any electronic tracking system that tracks purchases of controlled substances. If the purchase of a controlled substance is denied due to a felony drug conviction by the purchaser, or if such purchase would exceed the purchaser's allowable limit, the only notation in the MULES system and electronic tracking system shall be "sale denied" without disclosure of the reason for such denial.
195.423. The governing body of any city, county, or other political subdivision of this state that has an ordinance or regulation in effect as of the effective date of this section requiring a prescription to purchase, receive, or otherwise acquire any drug or drug product containing any detectable amount of ephedrine, phenylpropanolamine, pseudoephedrine, any of their salts or optical isomers, or salts of optical isomers shall vote whether to continue its existing ordinance or regulation within ninety days of the effective date of this section.
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