THE "TASK FORCE ON SUBSTANCE ABUSE PREVENTION AND TREATMENT" (Section 21.790)

This act establishes the "Task Force on Substance Abuse Prevention and Treatment". The task force shall be comprised of sixteen members, including six from the House of Representatives, six from the Senate, and four appointed by the Governor, as specified in the act. The task force shall conduct hearings on current and future drug and substance use and abuse in Missouri, explore solutions to such issues, and draft or modify legislation as necessary to effectuate the goals of finding and funding education and treatment solutions. The task force shall report annually to the General Assembly and Governor with recommendations for legislation pertaining to substance abuse prevention and treatment.

MEDICAL MARIJUANA (Sections 195.010, 195.017, 195.805, 263.250, 579.065, and 579.068)

This act removes medical marijuana from the definition of a "controlled substance" and from Schedule I of the controlled substances. Marijuana grown lawfully for medical use shall not be classified as a "noxious weed" and shall not be required to be destroyed. Trafficking offenses involving marijuana shall not include medical marijuana.

Additionally, this act prohibits the sale of edible marijuana-infused products that are designed, produced, or marketed in a manner to appeal to persons under 18 years of age, including, candies, lollipops, cotton candy, or products in the shape of a human, animal, or fruit. Each increment of an edible marijuana-infused product containing 10 or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a diamond containing the letters "THC" and the number of milligrams of THC in that increment. Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this act shall be subject to Department sanctions, including an administrative penalty.

These provisions are identical to provisions in the perfected SCS/SB 6 (2019) and SCS/SB 335 (2019).

UPDATING THE SCHEDULES OF CONTROLLED SUBSTANCES (Sections 195.015 and 195.017)

Under this act, if a substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Department of Health and Senior Services shall promulgate emergency rules to implement such change within 30 days of publication of the change in the Federal Register, unless the Department objects to such change. When the Department promulgates emergency rules under this act, the rules may remain in effect until the legislature concludes its next regular session following the imposition of the rules.

Additionally, this act updates the schedules of controlled substances in Missouri to mirror the most recent update to the schedules in 19 CFR 30-1.002.

These provisions are identical to provisions in the perfected SCS/SB 6 (2019).

ELECTRONIC PRESCRIBING (Sections 195.060, 195.550, 196.100, 221.111, 338.015, 338.055, and 338.056)

Under this act and beginning January 1, 2021, no person shall issue a prescription for any Schedule II, III, or IV controlled substance unless the prescription is electronic and made to a pharmacy, excluding prescriptions issued in circumstances specified in the act. Pharmacists receiving a written, oral, or faxed prescription shall not be required to verify that the prescription falls into one of the exceptions and may continue to dispense medication from an otherwise valid non-electronic prescription. An individual who violates this provision may be subject to disciplinary action by his or her professional licensing board.

These provisions are substantially similar to SCS/SB 262 (2019) and similar to HB 293 (2019).

DISTRIBUTION OF HEROIN (Sections 556.061 and 579.020)

Under current law, the distribution of heroin is not distinguished from the distribution of most other controlled substances and is a Class C felony. This act provides that the distribution of any substance containing a detectable amount of heroin is a Class B felony.

Additionally, this act provides that the distribution of heroin is a "dangerous felony", as defined by statute. Any offender who has been found guilty of a dangerous felony and is committed to the Department of Corrections shall be required to serve a minimum prison term of eighty-five percent of the sentence imposed by the court or until the offender attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.

These provisions are identical to provisions in the perfected SCS/SB 6 (2019), SB 93 (2019), SB 589 (2018), and SB 351 (2017).

MANUFACTURE, DELIVERY, OR DISTRIBUTION OF DRUGS WITH DEATH RESULTING (Section 565.021)

This act modifies the crime of murder in the second degree by adding language making a person who knowingly and unlawfully manufactures, delivers, or distributes a Schedule I or II controlled substance, excluding marijuana for medical use, and thereafter the controlled substance is the proximate cause of the death of another person who uses or consumes it. It shall not be a defense that the defendant did not directly deliver or distribute the controlled substance to the decedent.

This provision is identical to a provision in the perfected SCS/SB 6 (2019).

UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE BY CERTAIN PROVIDERS AND EMPLOYEES (Section 579.015)

Currently, unlawful possession of a controlled substance, except 35 grams or less of marijuana or any synthetic cannabinoid, is a Class D felony. This act adds an enhanced penalty if the defendant is an emergency care provider, a home health care employee, a hospice employee, an in-home care employee, a personal care assistant, or any other individual providing home health or personal care assistance services to patients. If such defendant knowingly and unlawfully possesses a controlled substance belonging to the patient or another member of the patient's household, the offense shall be a Class C felony.

This provision is identical to a provision in the perfected SCS/SB 6 (2019).

TRAFFICKING OF FENTANYL AND CARFENTANIL (Sections 579.065 and 579.068)

Finally, this acts adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, producing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class B felony and a Class A felony when the amount is 50 milligrams or more.

Additionally, this act adds to the offense of trafficking drugs in the second degree knowingly possessing, purchasing, or attempting to do so more than 10 milligrams but less than 50 milligrams of fentanyl or carfentanil, or any derivative thereof, or any combination thereof, or any mixture containing fentanyl or carfentanil, as a Class C felony and a Class B felony when the amount is 50 milligrams or more.

These provisions are identical to provisions in the perfected SCS/SB 6 (2019) and similar to SCS/SB 953 (2018) and HB 1254 (2018).

SARAH HASKINS