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SECOND REGULAR SESSION
HOUSE BILL NO. 2602
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STINNETT .
4213H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 579.040 and 579.076, RSMo, and to enact in lieu thereof three new
sections relating to distributors of hypodermic needles.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 579.040 and 579.076, RSMo, are repealed and three new sections
2 enacted in lieu thereof, to be known as sections 191.101 1, 579.040, and 579.076, to read as
3 follows:
191.101 1. 1. The department of health and senior services shall establish a
2 r egistration pro cess for entities desiring to operate a syringe access pr ogram intended to
3 mitigate the health risks associated with unsterile injection drug use whereb y any entity
4 that would like to operate such a prog ram shall be allowed to do so if it meets
5 r equir ements set by the department of health and senior services.
6 2. The department of health and senior services shall requi re, as a condition for
7 r egistration under subsection 1 of this section, that the entity seeking re gistration has a
8 collaborative agreement with an organization that pro vides access to mental health and
9 substance use tr eatment options.
10 3. No entity r egister ed with the department of health and senior services under
11 subsection 1 of this section shall be present within five hundred feet of any school
12 building unless the school building was constructed or established as a school after the
13 entity was in operation at such location.
14 4. The department of health and senior services shall pr omulgate rules to
15 implement the prov isions of this section. Any rule or portion of a rule, as that term is
16 defined in section 536.010, that is cr eated under the authority delegated in this section
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 shall become effective only if it complies with and is subject to all of the provi sions of
18 chapter 536 and, if applicable, section 536.028. This section and chapter 536 are
19 nonseverable and if any of the powers vested with the general assembly pursuant to
20 chapter 536 to review , to delay the effective date, or to disappr ove and annul a rule ar e
21 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
22 pr oposed or adopted after August 28, 2026, shall be invalid and void.
579.040. 1. (1) A person commits the of fense of unlawful distribution, delivery , or
2 sale of drug paraphernalia if he or she unlawfully distributes, delivers, or sells, or possesses
3 with intent to distribute, deliver , or sell drug paraphernalia knowing, or under circumstances
4 in which one reasonably should know , that it will be used to plant, propogate, cultivate, grow ,
5 harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
6 repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human
7 body a controlled substance or an imitation controlled substance in violation of this chapter .
8 (2) The following entities and persons shall be exempt fr om the pr ovisions of this
9 section:
10 (a) Any entity re gistered with the department of health and senior services
11 under section 191.101 1 that possesses, distributes, or delivers hypodermic needles or
12 syringes for the purpose of operating a syringe access progr am described under section
13 191.101 1; and
14 (b) Any staff member , volunteer , or participant in a syringe access pr ogram
15 operated by an entity described under paragraph (a) of this subdivision who possesses,
16 distributes, or delivers hypodermic needles or syringes in connection with his or her
17 duties or participation in the syringe access pr ogram.
18 2. The of fense of unlawful delivery of drug paraphernalia is a class A misdemeanor ,
19 unless done for commercial purposes, in which case it is a class E felony .
579.076. 1. (1) A person commits the of fense of unlawful manufacture of drug
2 paraphernalia if he or she unlawfully manufactures with intent to deliver drug paraphernalia,
3 knowing, or under circumstances where one reasonably should know , that it will be used to
4 plant, propagate, cultivate, grow , harvest, manufacture, compound, convert, produce, process,
5 prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise
6 introduce into the human body a controlled substance or an imitation controlled substance in
7 violation of this chapter or chapter 195.
8 (2) The following entities and persons shall be exempt fr om the pr ovisions of this
9 section:
10 (a) Any entity re gistered with the department of health and senior services
11 under section 191.101 1 that delivers or manufactur es hypodermic needles or syringes
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12 for the purpose of operating a syringe access pr ogram described under section 191.101 1;
13 and
14 (b) Any staff member , volunteer , or participant in a syringe access pr ogram
15 operated by an entity described under paragraph (a) of this subdivision who delivers or
16 manufactur es hypodermic needles or syringes in connection with his or her duties or
17 participation in the syringe access pr ogram.
18 2. The of fense of unlawful manufacture of drug paraphernalia is a class A
19 misdemeanor , unless done for commercial purposes, in which case it is a class E felony .
✔
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