CCS/HCS/SB 39 - MoSMART--This act creates the "Missouri Sheriff's Methamphetamine Relief Taskforce" (MoSMART) housed within the Department of Public Safety. This team consists of five sheriffs who will serve a two-year term and elect a chairman.

The MoSMART Fund is created and is available on an application basis to law enforcement entities and task forces. Applications are evaluated based upon the level of funding designated for methamphetamine enforcement before 1997 and upon current need and circumstances.

RELEASE OF ANHYDROUS AMMONIA - This act makes it a Class B felony for any person not the owner or not in lawful control of an approved anhydrous ammonia container to release anhydrous ammonia into the atmosphere. If the unlawful release of anhydrous ammonia causes physical injury or death to any person, it is a Class A felony.

CONTROLLED SUBSTANCES - This act 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, except producing or distributing less than five grams of marijuana in any location remains a Class C felony. The act 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.

EPHEDRINE/PSEUDOEPHEDRINE; PHENYLOPROPANOLAMINE - This act 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 sale of three packages, or nine grams, of any combination drug containing ephedrine, pseudoephedrine, or phenylpropanolamine is also prohibited. Packages having a sole active ingredient of ephedrine, pseudoephedrine, or phenylpropanolamine must be kept behind the counter, or within fifteen feet of an attended checkout counter and within the view of the checker. Violation of the provisions of this section is a Class A misdemeanor.

This act does not apply to stores that have an electronic anti-theft system using a detection alarm and product tags on these drugs.

The act supercedes any municipal ordinances or regulation passed on or after December 23, 2002, to the extent the ordinance are more restrictive.

SURCHARGE ON CHAPTER 195, RSMo CASES - This act allows surcharges of $150 to all pleas or findings of guilt in Chapter 195, RSMo, criminal cases that requires laboratory tests. The surcharge will be deposited to the credit of the State Forensic Laboratory Account pursuant to 650.105, RSMo.

This act contains provision of SB 409 (2003); CCS/SS/HS/HB470; and SB 404 (2003).
SARAH MORROW