MEDICAL MARIJUANA TELEHEALTH (Section 191.1146)

Under this act, a physician using telehealth to provide a certification for a patient's qualifying medical condition for medical marijuana shall comply with current statutes regarding patient interviews and examinations.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and SCS/HB 1383 (2020).

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. If 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 and further updates by the Drug Enforcement Agency in the Federal Register.

These provisions are identical to provisions in HCS/SS#2/SCS/SB 523 (2020) and similar to provisions of HCS/SCS/SB 6 (2019) and SCS/SB 953 (2018).

PRESCRIPTIONS FOR PSEUDOEPHEDRINE AND RELATED DRUGS (Sections 195.417 and 579.060)

This act prohibits the requirement of a prescription for the dispensation, sale, or distribution of any drug containing any detectable amount of ephedrine, phenylpropanolamine, or psuedoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits set forth in law. This provision shall expire when state's methamphetamine laboratory seizure incidents, as reported by the Missouri State Highway Patrol, exceed 300 incidents in a year.

All current local ordinances and regulations regarding prescriptions for the dispensation, sale, or distribution of any drug containing any detectable amount of ephedrine, phenylpropanolamine, or psuedoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits set forth in law that are in effect prior to August 28, 2020, shall be void and of no effect on August 28, 2020.

This act also changes the amounts that can be sold, dispensed, or otherwise provided to a person in a 30-day period without a prescription from a maximum of 9 grams to a maximum of 7.2 grams and adds an annual limit of 43.2 grams.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and similar to provisions in HCS/SS#2/SCS/SB 523 (2020) and SB 706 (2020).

MEDICAL MARIJUANA EDIBLES (Section 195.805)

This act prohibits the sale of edible marijuana-infused products, packaging, or logos in the shape of a human, animal, or fruit, but geometric shapes shall be permitted. Each package, or packages within a package, containing ten or more milligrams of tetrahydrocannabinols (THC) shall be stamped with a universal symbol and the amount of THC, as described in the act.

Any medical marijuana licensed or certified entity regulated by the Department of Health and Senior Services found to have violated this provision shall be subject to sanctions, including an administrative penalty. The Department shall promulgate rules regarding prohibiting edible marijuana-infused products designed to appeal to persons under 18 years of age, as well as developing a process by which a licensed or certified entity may seek approval of a product design, package, or label prior to manufacture or sale to determine compliance with these provisions.

This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and similar to a provision in HCS/SS#2/SCS/SB 523 (2020), SCS/SB 764 (2020), the perfected SCS/SB 6 (2019), and SB 335 (2019).

MEDICAL MARIJUANA BACKGROUND CHECKS (Section 195.815)

The Department shall require all officers, managers, contractors, employees, and other support staff of licensed or certified medical marijuana facilities, and all owners of such facilities who will have access to the facilities or the facilities' supply of medical marijuana, to submit fingerprints to the Highway Patrol for a state and federal criminal background check. The Highway Patrol shall notify the Department of any criminal history record information or lack thereof discovered on the individual. All such records shall be accessible and available to the Department.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020) and substantially similar to a provision in SCS/SB 764 (2020), HCS/SS#2/SCS/SB 523 (2020), SB 918 (2020), and SCS/HB 1383 (2020).

This provision has an emergency clause.

DRUG TRAFFICKING (Sections 579.065 and 579.068)

This act adds to the offense of trafficking drugs in the first degree knowingly distributing, delivering, manufacturing, or producing or attempting to distribute, deliver, manufacture, or produce more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing more than 10 milligrams of fentanyl or carfentanil, as a Class B felony and a Class A felony when the amount is 20 milligrams or more. Additionally, trafficking in the first degree of one or more grams of flunitrazepam or any amount of gamma-hydroxybutyric acid for the first offense shall be a Class B felony and a Class A felony for any second or subsequent offense.

This act adds to the offense of trafficking drugs in the second degree knowingly possessing or having under one's control, purchasing or attempting to purchase, or bringing into the state more than 10 milligrams of fentanyl or any derivative thereof, or any mixture or substance containing a detectable amount of fentanyl or carfentanil as a Class C felony and a Class B felony when the amount is 20 milligrams or more. Additionally, trafficking in the second degree of less than one gram of flunitrazepam shall be a Class C felony for the first offense and a Class B felony for any second or subsequent offense.

Finally, this act modifies current law for the Class B felony offense of trafficking of drugs in the first degree and the Class C felony offense of trafficking drugs in the second degree by removing the ceiling of the ranges of grams or milligrams of various controlled substances, including heroin, cocaine, LSD, PCP, phencyclidine, marijuana, and amphetamines and methamphetamines.

These provisions are identical to provisions in SS#2/HB 1693 (2020), substantially similar to provisions in HCS/SS#2/SCS/SB 523 (2020), HB 1450 (2020), and HCS/HB 239 (2019), and similar to SB 702 (2020), SB 6 (2019), SCS/SB 953 (2018), and HB 1254 (2018).

SARAH HASKINS