Creates provisions relating to cannabis

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 904
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (15).
5624S.03I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 195.010, RSMo, and to enact in lieu thereof four new sections relating to
cannabis, with penalty provisions and an emergency clause for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 195.010, RSMo, is repealed and four 1
new sections enacted in lieu thereof, to be known as sections 2
195.010, 195.800, 195.819, and 195.900, to read as follows:3
195.010. The following words and phrases as used in 1
this chapter and chapter 579, unless the context otherwise 2
requires, mean: 3
(1) "Acute pain", pain, whether resulting from 4
disease, accidental or intentional trauma, or other causes, 5
that the practitioner reasonably expects to last only a 6
short period of time. Acute pain shall not include chronic 7
pain, pain being treated as part of cancer care, hospice or 8
other end-of-life care, or medication-assisted treatment for 9
substance use disorders; 10
(2) "Addict", a person who habitually uses one or more 11
controlled substances to such an extent as to create a 12
tolerance for such drugs, and who does not have a medical 13
need for such drugs, or who is so far addicted to the use of 14
such drugs as to have lost the power of self-control with 15
reference to his or her addiction; 16
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(3) "Administer", to apply a controlled substance, 17
whether by injection, inhalation, ingestion, or any other 18
means, directly to the body of a patient or research subject 19
by: 20
(a) A practitioner (or, in his or her presence, by his 21
or her authorized agent); or 22
(b) The patient or research subject at the direction 23
and in the presence of the practitioner; 24
(4) "Agent", an authorized person who acts on behalf 25
of or at the direction of a manufacturer, distributor, or 26
dispenser. The term does not include a common or contract 27
carrier, public warehouseman, or employee of the carrier or 28
warehouseman while acting in the usual and lawful course of 29
the carrier's or warehouseman's business; 30
(5) "Attorney for the state", any prosecuting 31
attorney, circuit attorney, or attorney general authorized 32
to investigate, commence and prosecute an action under this 33
chapter; 34
(6) "Controlled substance", a drug, substance, or 35
immediate precursor in Schedules I through V listed in this 36
chapter; 37
(7) "Controlled substance analogue", a substance the 38
chemical structure of which is substantially similar to the 39
chemical structure of a controlled substance in Schedule I 40
or II and: 41
(a) Which has a stimulant, depressant, or 42
hallucinogenic effect on the central nervous system 43
substantially similar to the stimulant, depressant, or 44
hallucinogenic effect on the central nervous system of a 45
controlled substance included in Schedule I or II; or 46
(b) With respect to a particular individual, which 47
that individual represents or intends to have a stimulant, 48
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depressant, or hallucinogenic effect on the central nervous 49
system substantially similar to the stimulant, depressant, 50
or hallucinogenic effect on the central nervous system of a 51
controlled substance included in Schedule I or II. The term 52
does not include a controlled substance; any substance for 53
which there is an approved new drug application; any 54
substance for which an exemption is in effect for 55
investigational use, for a particular person, under Section 56
505 of the federal Food, Drug and Cosmetic Act (21 U.S.C. 57
Section 355) to the extent conduct with respect to the 58
substance is pursuant to the exemption; or any substance to 59
the extent not intended for human consumption before such an 60
exemption takes effect with respect to the substance; 61
(8) "Counterfeit substance", a controlled substance 62
which, or the container or labeling of which, without 63
authorization, bears the trademark, trade name, or other 64
identifying mark, imprint, number or device, or any likeness 65
thereof, of a manufacturer, distributor, or dispenser other 66
than the person who in fact manufactured, distributed, or 67
dispensed the substance; 68
(9) "Deliver" or "delivery", the actual, constructive, 69
or attempted transfer from one person to another of drug 70
paraphernalia or of a controlled substance, or an imitation 71
controlled substance, whether or not there is an agency 72
relationship, and includes a sale; 73
(10) "Dentist", a person authorized by law to practice 74
dentistry in this state; 75
(11) "Depressant or stimulant substance": 76
(a) A drug containing any quantity of barbituric acid 77
or any of the salts of barbituric acid or any derivative of 78
barbituric acid which has been designated by the United 79
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States Secretary of Health and Human Services as habit 80
forming under 21 U.S.C. Section 352(d); 81
(b) A drug containing any quantity of: 82
a. Amphetamine or any of its isomers; 83
b. Any salt of amphetamine or any salt of an isomer of 84
amphetamine; or 85
c. Any substance the United States Attorney General, 86
after investigation, has found to be, and by regulation 87
designated as, habit forming because of its stimulant effect 88
on the central nervous system; 89
(c) Lysergic acid diethylamide; or 90
(d) Any drug containing any quantity of a substance 91
that the United States Attorney General, after 92
investigation, has found to have, and by regulation 93
designated as having, a potential for abuse because of its 94
depressant or stimulant effect on the central nervous system 95
or its hallucinogenic effect; 96
(12) "Dispense", to deliver a narcotic or controlled 97
dangerous drug to an ultimate user or research subject by or 98
pursuant to the lawful order of a practitioner including the 99
prescribing, administering, packaging, labeling, or 100
compounding necessary to prepare the substance for such 101
delivery. "Dispenser" means a practitioner who dispenses; 102
(13) "Distribute", to deliver other than by 103
administering or dispensing a controlled substance; 104
(14) "Distributor", a person who distributes; 105
(15) "Drug": 106
(a) Substances recognized as drugs in the official 107
United States Pharmacopoeia, Official Homeopathic 108
Pharmacopoeia of the United States, or Official National 109
Formulary, or any supplement to any of them; 110
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(b) Substances intended for use in the diagnosis, 111
cure, mitigation, treatment or prevention of disease in 112
humans or animals; 113
(c) Substances, other than food, intended to affect 114
the structure or any function of the body of humans or 115
animals; and 116
(d) Substances intended for use as a component of any 117
article specified in this subdivision. It does not include 118
devices or their components, parts or accessories; 119
(16) "Drug-dependent person", a person who is using a 120
controlled substance and who is in a state of psychic or 121
physical dependence, or both, arising from the use of such 122
substance on a continuous basis. Drug dependence is 123
characterized by behavioral and other responses which 124
include a strong compulsion to take the substance on a 125
continuous basis in order to experience its psychic effects 126
or to avoid the discomfort caused by its absence; 127
(17) "Drug enforcement agency", the Drug Enforcement 128
Administration in the United States Department of Justice, 129
or its successor agency; 130
(18) "Drug paraphernalia", all equipment, products, 131
substances and materials of any kind which are used, 132
intended for use, or designed for use, in planting, 133
propagating, cultivating, growing, harvesting, 134
manufacturing, compounding, converting, producing, 135
processing, preparing, storing, containing, concealing, 136
injecting, ingesting, inhaling, or otherwise introducing 137
into the human body a controlled substance or an imitation 138
controlled substance in violation of this chapter or chapter 139
579. It includes, but is not limited to: 140
(a) Kits used, intended for use, or designed for use 141
in planting, propagating, cultivating, growing or harvesting 142
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of any species of plant which is a controlled substance or 143
from which a controlled substance can be derived; 144
(b) Kits used, intended for use, or designed for use 145
in manufacturing, compounding, converting, producing, 146
processing, or preparing controlled substances or imitation 147
controlled substances; 148
(c) Isomerization devices used, intended for use, or 149
designed for use in increasing the potency of any species of 150
plant which is a controlled substance or an imitation 151
controlled substance; 152
(d) Testing equipment used, intended for use, or 153
designed for use in identifying, or in analyzing the 154
strength, effectiveness or purity of controlled substances 155
or imitation controlled substances; 156
(e) Scales and balances used, intended for use, or 157
designed for use in weighing or measuring controlled 158
substances or imitation controlled substances; 159
(f) Dilutents and adulterants, such as quinine 160
hydrochloride, mannitol, mannite, dextrose and lactose, 161
used, intended for use, or designed for use in cutting 162
controlled substances or imitation controlled substances; 163
(g) Separation gins and sifters used, intended for 164
use, or designed for use in removing twigs and seeds from, 165
or in otherwise cleaning or refining, marijuana; 166
(h) Blenders, bowls, containers, spoons and mixing 167
devices used, intended for use, or designed for use in 168
compounding controlled substances or imitation controlled 169
substances; 170
(i) Capsules, balloons, envelopes and other containers 171
used, intended for use, or designed for use in packaging 172
small quantities of controlled substances or imitation 173
controlled substances; 174
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(j) Containers and other objects used, intended for 175
use, or designed for use in storing or concealing controlled 176
substances or imitation controlled substances; 177
(k) Hypodermic syringes, needles and other objects 178
used, intended for use, or designed for use in parenterally 179
injecting controlled substances or imitation controlled 180
substances into the human body; 181
(l) Objects used, intended for use, or designed for 182
use in ingesting, inhaling, or otherwise introducing 183
marijuana, cocaine, hashish, or hashish oil into the human 184
body, such as: 185
a. Metal, wooden, acrylic, glass, stone, plastic, or 186
ceramic pipes with or without screens, permanent screens, 187
hashish heads, or punctured metal bowls; 188
b. Water pipes; 189
c. Carburetion tubes and devices; 190
d. Smoking and carburetion masks; 191
e. Roach clips meaning objects used to hold burning 192
material, such as a marijuana cigarette, that has become too 193
small or too short to be held in the hand; 194
f. Miniature cocaine spoons and cocaine vials; 195
g. Chamber pipes; 196
h. Carburetor pipes; 197
i. Electric pipes; 198
j. Air-driven pipes; 199
k. Chillums; 200
l. Bongs; 201
m. Ice pipes or chillers; 202
(m) Substances used, intended for use, or designed for 203
use in the manufacture of a controlled substance. 204
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In determining whether an object, product, substance or 205
material is drug paraphernalia, a court or other authority 206
should consider, in addition to all other logically relevant 207
factors, the following: 208
a. Statements by an owner or by anyone in control of 209
the object concerning its use; 210
b. Prior convictions, if any, of an owner, or of 211
anyone in control of the object, under any state or federal 212
law relating to any controlled substance or imitation 213
controlled substance; 214
c. The proximity of the object, in time and space, to 215
a direct violation of this chapter or chapter 579; 216
d. The proximity of the object to controlled 217
substances or imitation controlled substances; 218
e. The existence of any residue of controlled 219
substances or imitation controlled substances on the object; 220
f. Direct or circumstantial evidence of the intent of 221
an owner, or of anyone in control of the object, to deliver 222
it to persons who he or she knows, or should reasonably 223
know, intend to use the object to facilitate a violation of 224
this chapter or chapter 579; the innocence of an owner, or 225
of anyone in control of the object, as to direct violation 226
of this chapter or chapter 579 shall not prevent a finding 227
that the object is intended for use, or designed for use as 228
drug paraphernalia; 229
g. Instructions, oral or written, provided with the 230
object concerning its use; 231
h. Descriptive materials accompanying the object which 232
explain or depict its use; 233
i. National or local advertising concerning its use; 234
j. The manner in which the object is displayed for 235
sale; 236
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k. Whether the owner, or anyone in control of the 237
object, is a legitimate supplier of like or related items to 238
the community, such as a licensed distributor or dealer of 239
tobacco products; 240
l. Direct or circumstantial evidence of the ratio of 241
sales of the object to the total sales of the business 242
enterprise; 243
m. The existence and scope of legitimate uses for the 244
object in the community; 245
n. Expert testimony concerning its use; 246
o. The quantity, form or packaging of the product, 247
substance or material in relation to the quantity, form or 248
packaging associated with any legitimate use for the 249
product, substance or material; 250
(19) "Federal narcotic laws", the laws of the United 251
States relating to controlled substances; 252
(20) "Hospital", a place devoted primarily to the 253
maintenance and operation of facilities for the diagnosis, 254
treatment or care, for not less than twenty-four hours in 255
any week, of three or more nonrelated individuals suffering 256
from illness, disease, injury, deformity or other abnormal 257
physical conditions; or a place devoted primarily to 258
provide, for not less than twenty-four consecutive hours in 259
any week, medical or nursing care for three or more 260
nonrelated individuals. The term hospital does not include 261
convalescent, nursing, shelter or boarding homes as defined 262
in chapter 198; 263
(21) "Illegal industrial hemp": 264
(a) All nonseed parts and varieties of the Cannabis 265
sativa L. plant, growing or not, that contain an average 266
delta-9 tetrahydrocannabinol (THC) concentration exceeding 267
three-tenths of one percent on a dry weight basis; 268
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(b) Illegal industrial hemp shall be destroyed in the 269
most effective manner possible, and such destruction shall 270
be verified by the Missouri state highway patrol; 271
(22) "Immediate precursor", a substance which: 272
(a) The state department of health and senior services 273
has found to be and by rule designates as being the 274
principal compound commonly used or produced primarily for 275
use in the manufacture of a controlled substance; 276
(b) Is an immediate chemical intermediary used or 277
likely to be used in the manufacture of a controlled 278
substance; and 279
(c) The control of which is necessary to prevent, 280
curtail or limit the manufacture of the controlled substance; 281
(23) "Imitation controlled substance", a substance 282
that is not a controlled substance, which by dosage unit 283
appearance (including color, shape, size and markings), or 284
by representations made, would lead a reasonable person to 285
believe that the substance is a controlled substance. In 286
determining whether the substance is an imitation controlled 287
substance the court or authority concerned should consider, 288
in addition to all other logically relevant factors, the 289
following: 290
(a) Whether the substance was approved by the federal 291
Food and Drug Administration for over-the-counter 292
(nonprescription or nonlegend) sales and was sold in the 293
federal Food and Drug Administration-approved package, with 294
the federal Food and Drug Administration-approved labeling 295
information; 296
(b) Statements made by an owner or by anyone else in 297
control of the substance concerning the nature of the 298
substance, or its use or effect; 299
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(c) Whether the substance is packaged in a manner 300
normally used for illicit controlled substances; 301
(d) Prior convictions, if any, of an owner, or anyone 302
in control of the object, under state or federal law related 303
to controlled substances or fraud; 304
(e) The proximity of the substances to controlled 305
substances; 306
(f) Whether the consideration tendered in exchange for 307
the noncontrolled substance substantially exceeds the 308
reasonable value of the substance considering the actual 309
chemical composition of the substance and, where applicable, 310
the price at which over-the-counter substances of like 311
chemical composition sell. An imitation controlled 312
substance does not include a placebo or registered 313
investigational drug either of which was manufactured, 314
distributed, possessed or delivered in the ordinary course 315
of professional practice or research; 316
(24) "Industrial hemp"[: 317
(a) All nonseed parts and varieties of the Cannabis 318
sativa L. plant, growing or not, that contain an average 319
delta-9 tetrahydrocannabinol (THC) concentration that does 320
not exceed three-tenths of one percent on a dry weight basis 321
or the maximum concentration allowed under federal law, 322
whichever is greater; 323
(b) Any Cannabis sativa L. seed that is part of a 324
growing crop, retained by a grower for future planting, or 325
used for processing into or use as agricultural hemp seed; 326
(c) Industrial hemp includes industrial hemp 327
commodities and products and topical or ingestible animal 328
and consumer products derived from industrial hemp with a 329
delta-9 tetrahydrocannabinol concentration of not more than 330
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three-tenths of one percent on a dry weight basis], the same 331
meaning as in section 195.900; 332
(25) "Initial prescription", a prescription issued to 333
a patient who has never previously been issued a 334
prescription for the drug or its pharmaceutical equivalent 335
or who was previously issued a prescription for the drug or 336
its pharmaceutical equivalent, but the date on which the 337
current prescription is being issued is more than five 338
months after the date the patient last used or was 339
administered the drug or its equivalent; 340
(26) "Laboratory", a laboratory approved by the 341
department of health and senior services as proper to be 342
entrusted with the custody of controlled substances but does 343
not include a pharmacist who compounds controlled substances 344
to be sold or dispensed on prescriptions; 345
(27) "Manufacture", the production, preparation, 346
propagation, compounding or processing of drug paraphernalia 347
or of a controlled substance, or an imitation controlled 348
substance, either directly or by extraction from substances 349
of natural origin, or independently by means of chemical 350
synthesis, or by a combination of extraction and chemical 351
synthesis, and includes any packaging or repackaging of the 352
substance or labeling or relabeling of its container. This 353
term does not include the preparation or compounding of a 354
controlled substance or an imitation controlled substance or 355
the preparation, compounding, packaging or labeling of a 356
narcotic or dangerous drug: 357
(a) By a practitioner as an incident to his or her 358
administering or dispensing of a controlled substance or an 359
imitation controlled substance in the course of his or her 360
professional practice; or 361
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(b) By a practitioner or his or her authorized agent 362
under his or her supervision, for the purpose of, or as an 363
incident to, research, teaching or chemical analysis and not 364
for sale; 365
(28) "Marijuana", all parts of the plant genus 366
Cannabis in any species or form thereof, including, but not 367
limited to Cannabis Sativa L., except industrial hemp, 368
Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and 369
Cannabis Gigantea, whether growing or not, the seeds 370
thereof, the resin extracted from any part of the plant; and 371
every compound, manufacture, salt, derivative, mixture, or 372
preparation of the plant, its seeds or resin. It does not 373
include the mature stalks of the plant, fiber produced from 374
the stalks, oil or cake made from the seeds of the plant, 375
any other compound, manufacture, salt, derivative, mixture 376
or preparation of the mature stalks (except the resin 377
extracted therefrom), fiber, oil or cake, or the sterilized 378
seed of the plant which is incapable of germination; 379
(29) "Methamphetamine precursor drug", any drug 380
containing ephedrine, pseudoephedrine, phenylpropanolamine, 381
or any of their salts, optical isomers, or salts of optical 382
isomers; 383
(30) "Narcotic drug", any of the following, whether 384
produced directly or indirectly by extraction from 385
substances of vegetable origin, or independently by means of 386
chemical synthesis, or by a combination of extraction and 387
chemical analysis: 388
(a) Opium, opiate, and any derivative, of opium or 389
opiate, including their isomers, esters, ethers, salts, and 390
salts of isomers, esters, and ethers, whenever the existence 391
of the isomers, esters, ethers, and salts is possible within 392
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the specific chemical designation. The term does not 393
include the isoquinoline alkaloids of opium; 394
(b) Coca leaves, but not including extracts of coca 395
leaves from which cocaine, ecgonine, and derivatives of 396
ecgonine or their salts have been removed; 397
(c) Cocaine or any salt, isomer, or salt of isomer 398
thereof; 399
(d) Ecgonine, or any derivative, salt, isomer, or salt 400
of isomer thereof; 401
(e) Any compound, mixture, or preparation containing 402
any quantity of any substance referred to in paragraphs (a) 403
to (d) of this subdivision; 404
(31) "Official written order", an order written on a 405
form provided for that purpose by the United States 406
Commissioner of Narcotics, under any laws of the United 407
States making provision therefor, if such order forms are 408
authorized and required by federal law, and if no such order 409
form is provided, then on an official form provided for that 410
purpose by the department of health and senior services; 411
(32) "Opiate" or "opioid", any substance having an 412
addiction-forming or addiction-sustaining liability similar 413
to morphine or being capable of conversion into a drug 414
having addiction-forming or addiction-sustaining liability. 415
The term includes its racemic and levorotatory forms. It 416
does not include, unless specifically controlled under 417
section 195.017, the dextrorotatory isomer of 3-methoxy-n- 418
methyl-morphinan and its salts (dextromethorphan); 419
(33) "Opium poppy", the plant of the species Papaver 420
somniferum L., except its seeds; 421
(34) "Over-the-counter sale", a retail sale licensed 422
pursuant to chapter 144 of a drug other than a controlled 423
substance; 424
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(35) "Person", an individual, corporation, government 425
or governmental subdivision or agency, business trust, 426
estate, trust, partnership, joint venture, association, or 427
any other legal or commercial entity; 428
(36) "Pharmacist", a licensed pharmacist as defined by 429
the laws of this state, and where the context so requires, 430
the owner of a store or other place of business where 431
controlled substances are compounded or dispensed by a 432
licensed pharmacist; but nothing in this chapter shall be 433
construed as conferring on a person who is not registered 434
nor licensed as a pharmacist any authority, right or 435
privilege that is not granted to him by the pharmacy laws of 436
this state; 437
(37) "Poppy straw", all parts, except the seeds, of 438
the opium poppy, after mowing; 439
(38) "Possessed" or "possessing a controlled 440
substance", a person, with the knowledge of the presence and 441
nature of a substance, has actual or constructive possession 442
of the substance. A person has actual possession if he has 443
the substance on his or her person or within easy reach and 444
convenient control. A person who, although not in actual 445
possession, has the power and the intention at a given time 446
to exercise dominion or control over the substance either 447
directly or through another person or persons is in 448
constructive possession of it. Possession may also be sole 449
or joint. If one person alone has possession of a substance 450
possession is sole. If two or more persons share possession 451
of a substance, possession is joint; 452
(39) "Practitioner", a physician, dentist, 453
optometrist, podiatrist, veterinarian, scientific 454
investigator, pharmacy, hospital or other person licensed, 455
registered or otherwise permitted by this state to 456
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distribute, dispense, conduct research with respect to or 457
administer or to use in teaching or chemical analysis, a 458
controlled substance in the course of professional practice 459
or research in this state, or a pharmacy, hospital or other 460
institution licensed, registered, or otherwise permitted to 461
distribute, dispense, conduct research with respect to or 462
administer a controlled substance in the course of 463
professional practice or research; 464
(40) "Production", includes the manufacture, planting, 465
cultivation, growing, or harvesting of drug paraphernalia or 466
of a controlled substance or an imitation controlled 467
substance; 468
(41) "Registry number", the number assigned to each 469
person registered under the federal controlled substances 470
laws; 471
(42) "Sale", includes barter, exchange, or gift, or 472
offer therefor, and each such transaction made by any 473
person, whether as principal, proprietor, agent, servant or 474
employee; 475
(43) "State" when applied to a part of the United 476
States, includes any state, district, commonwealth, 477
territory, insular possession thereof, and any area subject 478
to the legal authority of the United States of America; 479
(44) "Synthetic cannabinoid", includes unless 480
specifically excepted or unless listed in another schedule, 481
any natural or synthetic material, compound, mixture, or 482
preparation that contains any quantity of a substance that 483
is a cannabinoid receptor agonist, including but not limited 484
to any substance listed in paragraph (ll) of subdivision (4) 485
of subsection 2 of section 195.017 and any analogues; 486
homologues; isomers, whether optical, positional, or 487
geometric; esters; ethers; salts; and salts of isomers, 488
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esters, and ethers, whenever the existence of the isomers, 489
esters, ethers, or salts is possible within the specific 490
chemical designation, however, it shall not include any 491
approved pharmaceutical authorized by the United States Food 492
and Drug Administration; 493
(45) "Ultimate user", a person who lawfully possesses 494
a controlled substance or an imitation controlled substance 495
for his or her own use or for the use of a member of his or 496
her household or immediate family, regardless of whether 497
they live in the same household, or for administering to an 498
animal owned by him or by a member of his or her household. 499
For purposes of this section, the phrase "immediate family" 500
means a husband, wife, parent, child, sibling, stepparent, 501
stepchild, stepbrother, stepsister, grandparent, or 502
grandchild; 503
(46) "Wholesaler", a person who supplies drug 504
paraphernalia or controlled substances or imitation 505
controlled substances that he himself has not produced or 506
prepared, on official written orders, but not on 507
prescriptions. 508
195.800. 1. Notwithstanding any other provision of 1
law to the contrary, no state agency, including employees 2
therein, shall disclose to the federal government, any 3
federal government employee, or any unauthorized third party 4
the statewide list or any individual information of persons 5
who have applied for or obtained a qualifying patient 6
identification card, a qualifying patient cultivation 7
identification card, or a primary caregiver identification 8
card, as those cards are described in Article XIV, Section 1 9
of the Constitution of Missouri relating to the right to 10
access medical marijuana, unless required to do so pursuant 11
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to a subpoena or court order issued by a court of competent 12
jurisdiction. 13
2. Any person who knowingly violates the provisions of 14
this section shall be guilty of a class E felony. 15
195.819. Upon the written request of a consumer, 1
marijuana dispensary facilities, as described in Article XIV 2
of the Constitution of Missouri, shall not create or retain 3
any record containing the consumer's identifying 4
information. The provisions of this section shall not apply 5
to any record-keeping requirements relating to qualifying 6
patients and primary caregivers under Article XIV, Section 1 7
of the Constitution of Missouri. Any dispensary facility 8
that violates the provisions of this section shall be 9
assessed a fine of two thousand five hundred dollars per 10
occurrence. 11
195.900. 1. This section shall be known and may be 1
cited as the "Intoxicating Cannabinoid Control Act". 2
2. As used in this section, the following terms mean: 3
(1) "CBD", cannabidiol, a nonintoxicating cannabinoid 4
found in cannabis and hemp; 5
(2) "Cannabinoids", ligands that are either plant- 6
derived, synthetic, or semisynthetic, and have an affinity 7
for and activity at cannabinoid receptors; 8
(3) "Container", the innermost wrapping, packaging, or 9
vessel in direct contact with a final hemp-derived 10
cannabinoid product in which the final hemp-derived 11
cannabinoid product is enclosed for retail sale to 12
consumers, including, but not limited to, a jar, bottle, 13
bag, box, packet, can, carton, or cartridge. "Container" 14
shall not include bulk shipping containers or outer 15
wrappings that are not essential for the final retail 16
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delivery or sale to an end-user consumer for personal or 17
household use; 18
(4) "Department", the department of health and senior 19
services; 20
(5) "Hemp", the plant Cannabis sativa L. and any part 21
of that plant, including the seeds thereof, and all 22
derivatives, extracts, cannabinoids, isomers, acids, salts, 23
and salts of isomers, whether growing or not, with a total 24
tetrahydrocannabinols concentration, including 25
tetrahydrocannabinolic acid, of not more than three-tenths 26
of one percent on a dry weight basis. "Hemp" shall include 27
industrial hemp, but shall not include the following: 28
(a) Any viable seed from a Cannabis sativa L. plant 29
that exceeds a total tetrahydrocannabinol concentration, 30
including tetrahydrocannabinolic acid, of three-tenths of 31
one percent on a dry weight basis; 32
(b) Any intermediate hemp-derived cannabinoid products 33
containing: 34
a. Cannabinoids that are capable of being naturally 35
produced by a Cannabis sativa L. plant and were synthesized 36
or manufactured outside the plant; or 37
b. More than three-tenths of one percent on a dry 38
weight basis of a combined total of tetrahydrocannabinols, 39
including tetrahydrocannabinolic acid, and any other 40
cannabinoids that have similar effects or are marketed as 41
having similar effects on humans or animals as a 42
tetrahydrocannabinol, as determined by the U.S. Secretary of 43
Health and Human Services; 44
(c) Any intermediate hemp-derived cannabinoid products 45
marketed or sold as a final product or directly to an end 46
consumer for personal or household use; or 47
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(d) Any final hemp-derived cannabinoid products 48
containing: 49
a. Cannabinoids that are not capable of being produced 50
by a Cannabis sativa L. plant; 51
b. Cannabinoids that are capable of being naturally 52
produced by a Cannabis sativa L. plant and that were 53
synthesized or manufactured outside the plant; or 54
c. Greater that four tenths of one milligram combined 55
total per container of tetrahydrocannabinols, including 56
tetrahydrocannabinolic acid, and any other cannabinoids that 57
have similar effects or are marketed as having similar 58
effects on humans or animals as a tetrahydrocannabinol, as 59
determined by the U.S. Secretary of Health and Human 60
Services; 61
(6) "Hemp-derived cannabinoid product", any 62
intermediate or final product derived from hemp, other than 63
industrial hemp, that contains cannabinoids in any form and 64
is intended for human or animal use through any means of 65
application or administration, including, but not limited 66
to, inhalation, ingestion, or topical application. "Hemp- 67
derived cannabinoid product" shall not include a drug that 68
is the subject of an application approved under subsection 69
(c) or (j) of Section 505 of the Federal Food, Drug, and 70
Cosmetic Act, 21 U.S.C. Section 355, as amended; 71
(7) "Industrial hemp", hemp that is: 72
(a) Grown for the use of the stalk of the plant, fiber 73
produced from such a stalk, or any other noncannabinoid 74
compound, derivative, mixture, preparation, or manufacture 75
of such a stalk; 76
(b) Grown for the use of the whole grain, oil, cake, 77
nut, hull, or any other noncannabinoid compound, derivative, 78
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mixture, preparation, or manufacture of the seeds of such 79
plant; 80
(c) Grown for the purpose of producing microgreens or 81
other edible hemp leaf products intended for human 82
consumption that are derived from an immature hemp plant 83
that is grown from seeds that do not exceed the threshold 84
for total tetrahydrocannabinol concentration under paragraph 85
(a) of subdivision (5) of this subsection; 86
(d) A plant that does not enter the stream of commerce 87
and is intended to support hemp research at an institution 88
of higher education, as defined in Section 101 of the Higher 89
Education Act of 1965, 20 U.S.C. Section 1001, as amended, 90
or an independent research institute; or 91
(e) Grown for the use of a viable seed of the plant 92
produced solely for the production or manufacture of any 93
material described in paragraphs (a) to (d) of this 94
subdivision; 95
(8) "Intermediate hemp-derived cannabinoid product", a 96
hemp-derived cannabinoid product that is: 97
(a) Not yet in the final form or preparation marketed 98
or intended to be used or consumed by a human or animal; or 99
(b) A powder, liquid, tablet, oil, or other product 100
form that is intended or marketed to be mixed, dissolved, 101
formulated, or otherwise added to or prepared with or into 102
any other substance prior to administration or consumption; 103
(9) "Marijuana", as such term is defined in Article 104
XIV, Constitution of Missouri and shall not be construed to 105
conform to or be included in the definition of "hemp" in 106
this section; 107
(10) "Transaction", the sale of a single unit of a 108
hemp-derived cannabinoid product, including a single unit in 109
a multiunit package. 110
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3. The general assembly hereby declares that the state 111
has a compelling interest in ensuring that all hemp-derived 112
cannabinoid products be subject to growing, manufacturing, 113
dispensing, transportation, advertising, marketing, testing, 114
packaging, and labeling requirements in a manner no less 115
stringent than the regulatory requirements imposed upon 116
licensees under Article XIV of the Constitution of Missouri 117
and regulations promulgated by the department. 118
4. The cultivation, production, manufacturing, 119
testing, transportation, and retail sale of all hemp-derived 120
cannabinoid products within this state shall be conducted 121
solely by entities licensed by the department under Article 122
XIV, Constitution of Missouri. Hemp-derived cannabinoid 123
products shall be considered marijuana and shall be subject 124
to the legal framework contained in Article XIV, 125
Constitution of Missouri, under which the purchase, 126
possession, consumption, use, delivery, manufacturing, and 127
sale of marijuana is regulated by the department. 128
5. Hemp and industrial hemp shall not be considered 129
marijuana and shall not be subject to the legal framework 130
contained in Article XIV, Constitution of Missouri or in 131
this section. Nothing in this section shall be construed to 132
regulate hemp, industrial hemp, or products that do not fall 133
within the definition of hemp-derived cannabinoid products, 134
and the provisions of this section shall not be construed to 135
conflict or otherwise preempt the Agriculture Improvement 136
Act of 2018, Pub. L. 115-334, as amended. 137
6. Nothing in this section shall be construed to 138
prohibit the interstate commerce of hemp or the 139
transportation or shipment of hemp through this state. 140
7. Notwithstanding any provision of law to the 141
contrary, all hemp-derived cannabinoid products are 142
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marijuana and shall be subject to the jurisdiction of the 143
department and the office of the attorney general consistent 144
with Article XIV, Constitution of Missouri and the 145
provisions of this section. The department and the office 146
of the attorney general shall be empowered, mandated, and 147
otherwise authorized to enforce the provisions of this 148
section in such a manner as to ensure that no hemp-derived 149
cannabinoid products are cultivated, manufactured, tested, 150
transported, or sold within this state outside of a licensed 151
comprehensive marijuana facility, medical marijuana 152
facility, testing facility, or microbusiness facility, as 153
such terms are defined in Article XIV, Constitution of 154
Missouri. 155
8. No person or entity engaged in the sale of products 156
that contain CBD, hemp, marijuana, cannabinoids, hemp- 157
derived cannabinoid products, or paraphernalia to aid in the 158
human or animal consumption of such products, other than a 159
comprehensive marijuana dispensary facility, medical 160
marijuana dispensary facility, or microbusiness dispensary 161
facility, as such terms are defined in Article XIV, 162
Constitution of Missouri, shall carry on, conduct, or 163
transact business under a name that contains as part of the 164
name the word "dispensary" or any word of similar import. 165
9. (1) The office of the attorney general, the 166
department, the department of public safety, the division of 167
alcohol and tobacco control within the department of public 168
safety, the state highway patrol, and any other state agency 169
deemed necessary by the office of the attorney general to 170
aid in the enforcement of this section shall concurrently be 171
authorized, empowered, and mandated to enforce the 172
provisions of this section, including, but not limited to, 173
the prohibition of the cultivation, manufacturing, testing, 174
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transportation, and retail sale of hemp-derived cannabinoid 175
products outside of licensed comprehensive marijuana 176
facilities, medical marijuana facilities, or microbusiness 177
facilities, as such terms are defined in Article XIV, 178
Constitution of Missouri. 179
(2) The office of the attorney general shall have 180
primary jurisdiction to enforce the provisions of this 181
section, including, but not limited to: 182
(a) Utilizing a multijurisdictional enforcement 183
approach, including, but not limited to, direct coordination 184
with the department, the department of public safety, the 185
division of alcohol and tobacco control within the 186
department of public safety, the state highway patrol, 187
prosecuting and circuit attorneys, and any other state 188
agency deemed necessary by the office of the attorney 189
general; 190
(b) Collaborate and coordinate with local county and 191
municipal governments and other political subdivisions; and 192
(c) Utilize the department's reference laboratory. 193
10. Any person or entity that violates the provisions 194
of this section shall be subject to a fine of five thousand 195
dollars per transaction, and shall be guilty of a class D 196
felony. 197
11. The department of health and senior services shall 198
promulgate all rules and regulations necessary to implement 199
the provisions of this section. Any rule or portion of a 200
rule, as that term is defined in section 536.010, that is 201
created under the authority delegated in this section shall 202
become effective only if it complies with and is subject to 203
all of the provisions of chapter 536 and, if applicable, 204
section 536.028. This section and chapter 536 are 205
nonseverable and if any of the powers vested with the 206
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general assembly pursuant to chapter 536 to review, to delay 207
the effective date, or to disapprove and annul a rule are 208
subsequently held unconstitutional, then the grant of 209
rulemaking authority and any rule proposed or adopted after 210
August 28, 2026, shall be invalid and void. 211
Section B. Because of the immediate danger to the 1
health and safety of Missouri residents presented by the 2
rapid increase of unregulated, untested, and otherwise 3
dangerous intoxicating cannabinoid products in this state, 4
the enactment of section 195.900 of this act is deemed 5
necessary for the immediate preservation of the public 6
health, welfare, peace, and safety, and is hereby declared 7
to be an emergency act within the meaning of the 8
constitution, and the enactment of section 195.900 of this 9
act shall be in full force and effect upon its passage and 10
approval. 11
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