Bill Text: MO HB1539 | 2010 | Regular Session | Introduced
Bill Title: Expands the list of Schedule II controlled substances to include several nitrites
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-14 - Referred: Crime Prevention (H) [HB1539 Detail]
Download: Missouri-2010-HB1539-Introduced.html
SECOND REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES ROORDA (Sponsor), SCHIEFFER AND MEADOWS (Co-sponsors).
4257L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 195.017, RSMo, and to enact in lieu thereof one new section relating to schedule II controlled substances, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 195.017, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 195.017, to read as follows:
195.017. 1. The department of health and senior services shall place a substance in Schedule I if it finds that the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
2. Schedule I:
(1) The controlled substances listed in this subsection are included in Schedule I;
(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
(a) Acetyl-alpha-methylfentanyl;
(b) Acetylmethadol;
(c) Allylprodine;
(d) Alphacetylmethadol;
(e) Alphameprodine;
(f) Alphamethadol;
(g) Alpha-methylfentanyl;
(h) Alpha-methylthiofentanyl;
(i) Benzethidine;
(j) Betacetylmethadol;
(k) Beta-hydroxyfentanyl;
(l) Beta-hydroxy-3-methylfentanyl;
(m) Betameprodine;
(n) Betamethadol;
(o) Betaprodine;
(p) Clonitazene;
(q) Dextromoramide;
(r) Diampromide;
(s) Diethylthiambutene;
(t) Difenoxin;
(u) Dimenoxadol;
(v) Dimepheptanol;
(w) Dimethylthiambutene;
(x) Dioxaphetyl butyrate;
(y) Dipipanone;
(z) Ethylmethylthiambutene;
(aa) Etonitazene;
(bb) Etoxeridine;
(cc) Furethidine;
(dd) Hydroxypethidine;
(ee) Ketobemidone;
(ff) Levomoramide;
(gg) Levophenacylmorphan;
(hh) 3-Methylfentanyl;
(ii) 3-Methylthiofentanyl;
(jj) Morpheridine;
(kk) MPPP;
(ll) Noracymethadol;
(mm) Norlevorphanol;
(nn) Normethadone;
(oo) Norpipanone;
(pp) Para-fluorofentanyl;
(qq) PEPAP;
(rr) Phenadoxone;
(ss) Phenampromide;
(tt) Phenomorphan;
(uu) Phenoperidine;
(vv) Piritramide;
(ww) Proheptazine;
(xx) Properidine;
(yy) Propiram;
(zz) Racemoramide;
(aaa) Thiofentanyl;
(bbb) Tilidine;
(ccc) Trimeperidine;
(3) Any of the following opium derivatives, their salts, isomers and salts of isomers unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(a) Acetorphine;
(b) Acetyldihydrocodeine;
(c) Benzylmorphine;
(d) Codeine methylbromide;
(e) Codeine-N-Oxide;
(f) Cyprenorphine;
(g) Desomorphine;
(h) Dihydromorphine;
(i) Drotebanol;
(j) Etorphine (except hydrochloride salt);
(k) Heroin;
(l) Hydromorphinol;
(m) Methyldesorphine;
(n) Methyldihydromorphine;
(o) Morphine methylbromide;
(p) Morphine methylsulfonate;
(q) Morphine-N-Oxide;
(r) Myrophine;
(s) Nicocodeine;
(t) Nicomorphine;
(u) Normorphine;
(v) Pholcodine;
(w) Thebacon;
(4) Any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
(a) 4-bromo-2, 5-dimethoxyamphetamine;
(b) 4-bromo-2, 5-dimethoxyphenethylamine;
(c) 2,5-dimethoxyamphetamine;
(d) 2,5-dimethoxy-4-ethylamphetamine;
(e) 2,5-dimethoxy-4-(n)-propylthiophenethylamine;
(f) 4-methoxyamphetamine;
(g) 5-methoxy-3,4-methylenedioxyamphetamine;
(h) 4-methyl-2, 5-dimethoxyamphetamine;
(i) 3,4-methylenedioxyamphetamine;
(j) 3,4-methylenedioxymethamphetamine;
(k) 3,4-methylenedioxy-N-ethylamphetamine;
(l) N-hydroxy-3, 4-methylenedioxyamphetamine;
(m) 3,4,5-trimethoxyamphetamine;
(n) Alpha-ethyltryptamine;
(o) Alpha-methyltryptamine;
(p) Bufotenine;
(q) Diethyltryptamine;
(r) Dimethyltryptamine;
(s) 5-methoxy-N,N-diisopropyltryptamine;
(t) Ibogaine;
(u) Lysergic acid diethylamide;
(v) Marijuana or marihuana;
(w) Mescaline;
(x) Parahexyl;
(y) Peyote, to include all parts of the plant presently classified botanically as Lophophora Williamsil Lemaire, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seed or extracts;
(z) N-ethyl-3-piperidyl benzilate;
(aa) N-methyl-3-piperidyl benzilate;
(bb) Psilocybin;
(cc) Psilocyn;
(dd) Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (cannabis plant), as well as synthetic equivalents of the substances contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
a. 1 cis or trans tetrahydrocannabinol, and their optical isomers;
b. 6 cis or trans tetrahydrocannabinol, and their optical isomers;
c. 3,4 cis or trans tetrahydrocannabinol, and their optical isomers;
d. Any compounds of these structures, regardless of numerical designation of atomic positions covered;
(ee) Ethylamine analog of phencyclidine;
(ff) Pyrrolidine analog of phencyclidine;
(gg) Thiophene analog of phencyclidine;
(hh) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
(ii) Salvia divinorum;
(jj) Salvinorin A;
(5) Any material, compound, mixture or preparation containing any quantity of the following substances having a depressant effect on the central nervous system, including their salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
(a) Gamma-hydroxybutyric acid;
(b) Mecloqualone;
(c) Methaqualone;
(6) Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:
(a) Aminorex;
(b) N-benzylpiperazine;
(c) Cathinone;
(d) Fenethylline;
(e) Methcathinone;
(f) (+,-)cis-4-methylaminorex ((+,-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(g) N-ethylamphetamine;
(h) N,N-dimethylamphetamine;
(7) A temporary listing of substances subject to emergency scheduling under federal law shall include any material, compound, mixture or preparation which contains any quantity of the following substances:
(a) N-(1-benzyl-4-piperidyl)-N phenylpropanamide (benzylfentanyl), its optical isomers, salts and salts of isomers;
(b) N-(1-(2-thienyl)methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its optical isomers, salts and salts of isomers;
(8) Khat, to include all parts of the plant presently classified botanically as catha edulis, whether growing or not; the seeds thereof; any extract from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or extracts.
3. The department of health and senior services shall place a substance in Schedule II if it finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
4. The controlled substances listed in this subsection are included in Schedule II:
(1) Any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(a) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxone and naltrexone, and their respective salts but including the following:
a. Raw opium;
b. Opium extracts;
c. Opium fluid;
d. Powdered opium;
e. Granulated opium;
f. Tincture of opium;
g. Codeine;
h. Ethylmorphine;
i. Etorphine hydrochloride;
j. Hydrocodone;
k. Hydromorphone;
l. Metopon;
m. Morphine;
n. Oxycodone;
o. Oxymorphone;
p. Thebaine;
(b) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in this subdivision, but not including the isoquinoline alkaloids of opium;
(c) Opium poppy and poppy straw;
(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions which do not contain cocaine or ecgonine;
(e) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or powder form which contains the phenanthrene alkaloids of the opium poppy);
(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(a) Alfentanil;
(b) Alphaprodine;
(c) Amyl nitrite;
(d) Anileridine;
[(d)] (e) Bezitramide;
[(e) Bulk dextropropoxyphene;]
(f) Butyl nitrite;
(g) Carfentanil;
(h) Cyclohexyl nitrite;
[(g) Butyl nitrite;] (i) Bulk Dextropropoxypene;
[(h)] (j) Dihydrocodeine;
[(i)] (k) Diphenoxylate;
(l) Ethyl nitrite;
[(j)] (m) Fentanyl;
(n) Isoamyl nitrite;
(o) Isobutyl nitrite;
(p) Isoethyl nitrite;
(q) Isopentyl nitrite;
(r) Isopropyl nitrite;
[(k)] (s) Isomethadone;
[(l)] (t) Levo-alphacetylmethadol;
[(m)] (u) Levomethorphan;
[(n)] (v) Levorphanol;
[(o)] (w) Metazocine;
[(p)] (x) Methadone;
[(q)] (y) Meperidine;
[(r)] (z) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(aa) Pentyl nitrite;
[(s)] (bb) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane– carboxylic acid;
[(t)] (cc) Pethidine (meperidine);
[(u)] (dd) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
[(v)] (ee) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
[(w)] (ff) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid;
[(x)] (gg) Phenazocine;
[(y)] (hh) Piminodine;
(ii) Propyl nitrite;
[(z)] (jj) Racemethorphan;
[(aa)] (kk) Racemorphan;
[(bb)] (ll) Remifentanil;
[(cc)] (mm) Sufentanil;
(3) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(a) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(b) Lisdexamfetamine, its salts, isomers, and salts of its isomers;
(c) Methamphetamine, its salts, isomers, and salts of its isomers;
(d) Phenmetrazine and its salts;
(e) Methylphenidate;
(4) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(a) Amobarbital;
(b) Glutethimide;
(c) Pentobarbital;
(d) Phencyclidine;
(e) Secobarbital;
(5) Any material or compound which contains any quantity of nabilone;
(6) Any material, compound, mixture, or preparation which contains any quantity of the following substances:
(a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone;
(b) Immediate precursors to phencyclidine (PCP):
a. 1-phenylcyclohexylamine;
b. 1-piperidinocyclohexanecarbonitrile (PCC).
5. The department of health and senior services shall place a substance in Schedule III if it finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
6. The controlled substances listed in this subsection are included in Schedule III:
(1) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(a) Benzphetamine;
(b) Chlorphentermine;
(c) Clortermine;
(d) Phendimetrazine;
(2) Any material, compound, mixture or preparation which contains any quantity or salt of the following substances or salts having a depressant effect on the central nervous system:
(a) Any material, compound, mixture or preparation which contains any quantity or salt of the following substances combined with one or more active medicinal ingredients:
a. Amobarbital;
b. Secobarbital;
c. Pentobarbital;
(b) Any suppository dosage form containing any quantity or salt of the following:
a. Amobarbital;
b. Secobarbital;
c. Pentobarbital;
(c) Any substance which contains any quantity of a derivative of barbituric acid or its salt;
(d) Chlorhexadol;
(e) Embutramide;
(f) Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers contained in a drug product for which an application has been approved under Section 505 of the federal Food, Drug, and Cosmetic Act;
(g) Ketamine, its salts, isomers, and salts of isomers;
(h) Lysergic acid;
(i) Lysergic acid amide;
(j) Methyprylon;
(k) Sulfondiethylmethane;
(l) Sulfonethylmethane;
(m) Sulfonmethane;
(n) Tiletamine and zolazepam or any salt thereof;
(3) Nalorphine;
(4) Any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs or their salts:
(a) Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(b) Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(c) Not more than three hundred milligrams of hydrocodone per one hundred milliliters or not more than fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(d) Not more than three hundred milligrams of hydrocodone per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;
(e) Not more than 1.8 grams of dihydrocodeine per one hundred milliliters or not more than ninety milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;
(f) Not more than three hundred milligrams of ethylmorphine per one hundred milliliters or not more than fifteen milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(g) Not more than five hundred milligrams of opium per one hundred milliliters or per one hundred grams or not more than twenty-five milligrams per dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic amounts;
(h) Not more than fifty milligrams of morphine per one hundred milliliters or per one hundred grams, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts, as set forth in subdivision (6) of this subsection; buprenorphine;
(6) Anabolic steroids. Any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone) that promotes muscle growth, except an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for that administration. If any person prescribes, dispenses, or distributes such steroid for human use, such person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this paragraph. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation containing any quantity of the following substances, including its salts, esters and ethers:
(a) 3β,17-dihydroxy-5a-androstane;
(b) 3α,17β-dihydroxy-5a-androstane;
(c) 5α-androstan-3,17-dione;
(d) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-ene);
(e) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-ene);
(f) 4-androstenediol (3β,17β-dihydroxy-androst-4-ene);
(g) 5-androstenediol (3β,17β-dihydroxy-androst-5-ene);
(h) 1-androstenedione ([5α]-androst-1-en-3,17-dione);
(i) 4-androstenedione (androst-4-en-3,17-dione);
(j) 5-androstenedione (androst-5-en-3,17-dione);
(k) Bolasterone (7α, 17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(l) Boldenone (17β-hydroxyandrost-1,4,-diene-3-one);
(m) Calusterone (7β, 17α-dimethyl-17β-hydroxyandrost-4-en-3-one);
(n) Clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);
(o) Dehydrochloromethyltestosterone (4-chloro-17β-hydroxy-17α-methyl-androst-1, 4-dien-3-one);
(p) Δ1-dihydrotestosterone (a.k.a. '1-testosterone')(17β-hydroxy-5α-androst-1-en-3-one);
(q) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);
(r) Drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-one);
(s) Ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);
(t) Fluoxymesterone (9-fluoro-17α-methyl-11β,17β-dihydroxyandrost-4-en-3-one);
(u) Formebolone (2-formyl-17α-methyl-11α,17β-dihydroxyandrost-1,4-dien-3-one);
(v) Furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-furazan);
(w) 13β-ethyl-17β-hydroxygon-4-en-3-one;
(x) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-en-3-one);
(y) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-en-3-one);
(z) Mestanolone (17α-methyl-17β-hydroxy-5-androstan-3-one);
(aa) Mesterolone (1αmethyl-17β-hydroxy-[5α]-androstan-3-one);
(bb) Methandienone (17α-methyl-17β-hydroxyandrost-1,4-dien-3-one);
(cc) Methandriol (17α-methyl-3β,17β-dihydroxyandrost-5-ene);
(dd) Methenolone (1-methyl-17β-hydroxy-5α-androst-1-en-3-one);
(ee) 17α-methyl-3β,17β-dihydroxy-5a-androstane);
(ff) 17α-methyl-3α,17β-dihydroxy-5a-androstane);
(gg) 17α-methyl-3β,17β-dihydroxyandrost-4-ene;
(hh) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-hydroxy-17β-hydroxyestr-4-en-3-one);
(ii) Methyldienolone (17α-methyl-17β-hydroxyestra-4,9(10)-dien-3-one);
(jj) Methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-11-trien-3-one);
(kk) Methyltestosterone (17α-methyl-17β-hydroxyandrost-4-en-3-one);
(ll) Mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en-3-one);
(mm) 17α-methyl-Δ1-dihydrotestosterone (17bβ-hydroxy-17α-methyl-5α-androst-1-en- 3-one) (a.k.a. '17-α-methyl-1-testosterone');
(nn) Nandrolone (17β-hydroxyestr-4-ene-3-one);
(oo) 19-nor-4-androstenediol (3β,17β-dihydroxyestr-4-ene);
(pp) 19-nor-4-androstenediol (3α,17β-dihydroxyestr-4-ene);
(qq) 19-nor-5-androstenediol (3β,17β-dihydroxyestr-5-ene);
(rr) 19-nor-5-androstenediol (3α,17β-dihydroxyestr-5-ene);
(ss) 19-nor-4-androstenedione (estr-4-en-3,17-dione);
(tt) 19-nor-5-androstenedione (estr-5-en-3,17-dione);
(uu) Norbolethone (13β,17α-diethyl-17β-hydroxygon-4-en-3-one);
(vv) Norclostebol (4-chloro-17β-hydroxyestr-4-en-3-one);
(ww) Norethandrolone (17α-ethyl-17β-hydroxyestr-4-en-3-one);
(xx) Normethandrolone (17α-methyl-17β-hydroxyestr-4-en-3-one);
(yy) Oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-androstan-3-one);
(zz) Oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-en-3-one);
(aaa) Oxymethalone (17a-methyl-2-hydroxymethylene-17β-hydroxy-[5α]-androstan-3-one);
(bbb) Stanozolol (17α-methyl-17β-hydroxy-[5α]-androst-2-eno[3,2-c]-pyrazole);
(ccc) Stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en-3-one);
(ddd) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(eee) Testosterone (17β-hydroxyandrost-4-en-3-one);
(fff) Tetrahydrogestrinone (13β,17α-diethyl-17β-hydroxygon-4,9,11-trien-3-one);
(ggg) Trenbolone (17β-hydroxyestr-4,9,11-trien-3-one);
(hhh) Any salt, ester, or ether of a drug or substance described or listed in this subdivision, except an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for that administration;
(7) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States Food and Drug Administration approved drug product;
(8) The department of health and senior services may except by rule any compound, mixture, or preparation containing any stimulant or depressant substance listed in subdivisions (1) and (2) of this subsection from the application of all or any part of sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a stimulant or depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a stimulant or depressant effect on the central nervous system.
7. The department of health and senior services shall place a substance in Schedule IV if it finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
8. The controlled substances listed in this subsection are included in Schedule IV:
(1) Any material, compound, mixture, or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
(a) Not more than one milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;
(b) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2- propionoxybutane);
(c) Any of the following limited quantities of narcotic drugs or their salts, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
a. Not more than two hundred milligrams of codeine per one hundred milliliters or per one hundred grams;
b. Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters or per one hundred grams;
c. Not more than one hundred milligrams of ethylmorphine per one hundred milliliters or per one hundred grams;
(2) Any material, compound, mixture or preparation containing any quantity of the following substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation:
(a) Alprazolam;
(b) Barbital;
(c) Bromazepam;
(d) Camazepam;
(e) Chloral betaine;
(f) Chloral hydrate;
(g) Chlordiazepoxide;
(h) Clobazam;
(i) Clonazepam;
(j) Clorazepate;
(k) Clotiazepam;
(l) Cloxazolam;
(m) Delorazepam;
(n) Diazepam;
(o) Dichloralphenazone;
(p) Estazolam;
(q) Ethchlorvynol;
(r) Ethinamate;
(s) Ethyl loflazepate;
(t) Fludiazepam;
(u) Flunitrazepam;
(v) Flurazepam;
(w) Halazepam;
(x) Haloxazolam;
(y) Ketazolam;
(z) Loprazolam;
(aa) Lorazepam;
(bb) Lormetazepam;
(cc) Mebutamate;
(dd) Medazepam;
(ee) Meprobamate;
(ff) Methohexital;
(gg) Methylphenobarbital (mephobarbital);
(hh) Midazolam;
(ii) Nimetazepam;
(jj) Nitrazepam;
(kk) Nordiazepam;
(ll) Oxazepam;
(mm) Oxazolam;
(nn) Paraldehyde;
(oo) Petrichloral;
(pp) Phenobarbital;
(qq) Pinazepam;
(rr) Prazepam;
(ss) Quazepam;
(tt) Temazepam;
(uu) Tetrazepam;
(vv) Triazolam;
(ww) Zaleplon;
(xx) Zolpidem;
(yy) Zopiclone;
(3) Any material, compound, mixture, or preparation which contains any quantity of the following substance including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible: fenfluramine;
(4) Any material, compound, mixture or preparation containing any quantity of the following substances having a stimulant effect on the central nervous system, including their salts, isomers and salts of isomers:
(a) Cathine ((+)-norpseudoephedrine);
(b) Diethylpropion;
(c) Fencamfamin;
(d) Fenproporex;
(e) Mazindol;
(f) Mefenorex;
(g) Modafinil;
(h) Pemoline, including organometallic complexes and chelates thereof;
(i) Phentermine;
(j) Pipradrol;
(k) Sibutramine;
(l) SPA ((-)-1-dimethyamino-1,2-diphenylethane);
(5) Any material, compound, mixture or preparation containing any quantity of the following substance, including its salts:
(a) butorphanol;
(b) pentazocine;
(6) Ephedrine, its salts, optical isomers and salts of optical isomers, when the substance is the only active medicinal ingredient;
(7) The department of health and senior services may except by rule any compound, mixture, or preparation containing any depressant substance listed in subdivision (1) of this subsection from the application of all or any part of sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion, or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
9. The department of health and senior services shall place a substance in Schedule V if it finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
10. The controlled substances listed in this subsection are included in Schedule V:
(1) Any compound, mixture or preparation containing any of the following narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(a) Not more than two and five-tenths milligrams of diphenoxylate and not less than twenty-five micrograms of atropine sulfate per dosage unit;
(b) Not more than one hundred milligrams of opium per one hundred milliliters or per one hundred grams;
(c) Not more than five-tenths milligram of difenoxin and not less than twenty-five micrograms of atropine sulfate per dosage unit;
(2) Any material, compound, mixture or preparation which contains any quantity of the following substance having a stimulant effect on the central nervous system including its salts, isomers and salts of isomers: pyrovalerone;
(3) Any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine or its salts or optical isomers, or salts of optical isomers or any compound, mixture, or preparation containing any detectable quantity of ephedrine or its salts or optical isomers, or salts of optical isomers;
(4) Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts: pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid].
11. If any compound, mixture, or preparation as specified in subdivision (3) of subsection 10 of this section is dispensed, sold, or distributed in a pharmacy without a prescription:
(1) All packages of any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical isomers, 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; and
(2) Any person purchasing, receiving or otherwise acquiring any compound, mixture, or preparation containing any detectable quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical isomers shall be at least eighteen years of age; and
(3) The pharmacist, intern pharmacist, or registered pharmacy technician shall require any person, prior to their purchasing, receiving or otherwise acquiring such compound, mixture, or preparation to furnish suitable photo identification that is issued by a state or the federal government or a document that, with respect to identification, is considered acceptable and showing the date of birth of the person;
(4) The seller shall deliver the product directly into the custody of the purchaser.
12. Pharmacists, intern pharmacists, and registered pharmacy technicians shall implement and maintain an electronic log of each transaction. Such log shall include the following information:
(1) The name, address, and signature of the purchaser;
(2) The amount of the compound, mixture, or preparation purchased;
(3) The date and time of each purchase; and
(4) The name or initials of the pharmacist, intern pharmacist, or registered pharmacy technician who dispensed the compound, mixture, or preparation to the purchaser.
13. Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in subdivision (3) of subsection 10 of this section in accordance with transmission methods and frequency established by the department by regulation;
14. No person shall dispense, sell, purchase, receive, or otherwise acquire quantities greater than those specified in this chapter.
15. All persons who dispense or offer for sale pseudoephedrine and ephedrine products in a pharmacy shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.
16. Any person who knowingly or recklessly violates the provisions of subsections 11 to 15 of this section is guilty of a class A misdemeanor.
17. The scheduling of substances specified in subdivision (3) of subsection 10 of this section and subsections 11, 12, 14, and 15 of this section shall not apply to any compounds, mixtures, or preparations that are in liquid or liquid-filled gel capsule form or to any compound, mixture, or preparation specified in subdivision (3) of subsection 10 of this section which must be dispensed, sold, or distributed in a pharmacy pursuant to a prescription.
18. The manufacturer of a drug product or another interested party may apply with the department of health and senior services for an exemption from this section. The department of health and senior services may grant an exemption by rule from this section if the department finds the drug product is not used in the illegal manufacture of methamphetamine or other controlled or dangerous substances. The department of health and senior services shall rely on reports from law enforcement and law enforcement evidentiary laboratories in determining if the proposed product can be used to manufacture illicit controlled substances.
19. The department of health and senior services shall revise and republish the schedules annually.
20. The department of health and senior services shall promulgate rules under chapter 536, RSMo, regarding the security and storage of Schedule V controlled substances, as described in subdivision (3) of subsection 10 of this section, for distributors as registered by the department of health and senior services.
21. Logs of transactions required to be kept and maintained by this section and section 195.417 shall create a rebuttable presumption that the person whose name appears in the logs is the person whose transactions are recorded in the logs.
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