| 195.015 |
NARCOTIC NEWS
Drug Law in Missouri 195.015
Drug Law in Missouri 195.015
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Authority to control
The department of health and senior services shall administer sections
195.005 to 195.425 and may add substances to the schedules after public
notice and hearing. In making a determination regarding a substance, the
department of health and senior services shall consider the following:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiological
dependence liability; and
(8) Whether the substance is an immediate precursor of a substance already
controlled under sections 195.005 to 195.425.
2. After considering the factors enumerated in subsection 1 of this section the
department of health and senior services shall make findings with respect
thereto and issue a rule controlling the substance if it finds the substance has
a potential for abuse.
3. If the department of health and senior services designates a substance as
an immediate precursor, substances which are precursors of the controlled
precursor shall not be subject to control solely because they are precursors of
the controlled precursor.
4. If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the department of
health and senior services, the department of health and senior services shall
similarly control the substance under sections 195.005 to 195.425 after the
expiration of thirty days from publication in the federal register of a final order
designating a substance as a controlled substance or rescheduling or deleting
a substance, unless within that thirty-day period, the department of health and
senior services objects to inclusion, rescheduling, or deletion. In that case, the
department of health and senior services shall publish the reasons for
objection and afford all interested parties an opportunity to be heard. At the
conclusion of the hearing, the department of health and senior services shall
publish its decision, which shall be final unless altered by statute. Upon
publication of objection to inclusion, rescheduling or deletion under sections
195.005 to 195.425 by the department of health and senior services, control
under sections 195.005 to 195.425 is stayed as to the substance in question
until the department of health and senior services publishes its decision.
5. The department of health and senior services shall exclude any nonnarcotic
substance from a schedule if such substance may, under the federal Food,
Drug, and Cosmetic Act and the law of this state, be lawfully sold over the
counter without a prescription.
6. The department of health and senior services shall prepare a list of all drugs
falling within the purview of controlled substances. Upon preparation, a copy of
the list shall be filed in the office of the secretary of state.
(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58)
(1975) Rescheduling of a controlled substance from schedule III to schedule II
by division of health after same action on the federal level was proper and
defendant's contention that the division had no authority to subtract or remove a
substance was held invalid. State v. Winters (A.), 525 S.W.2d 417.
(1982) Statute providing that if substance is designated as controlled
substance under federal law and notice thereof is given to division of health,
the division shall also control substance unless it objects and statute does not
result in an unlawful delegation of legislative authority. State v. Thompson (Mo.),
627 S.W.2d 298.
195.005 to 195.425 and may add substances to the schedules after public
notice and hearing. In making a determination regarding a substance, the
department of health and senior services shall consider the following:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiological
dependence liability; and
(8) Whether the substance is an immediate precursor of a substance already
controlled under sections 195.005 to 195.425.
2. After considering the factors enumerated in subsection 1 of this section the
department of health and senior services shall make findings with respect
thereto and issue a rule controlling the substance if it finds the substance has
a potential for abuse.
3. If the department of health and senior services designates a substance as
an immediate precursor, substances which are precursors of the controlled
precursor shall not be subject to control solely because they are precursors of
the controlled precursor.
4. If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the department of
health and senior services, the department of health and senior services shall
similarly control the substance under sections 195.005 to 195.425 after the
expiration of thirty days from publication in the federal register of a final order
designating a substance as a controlled substance or rescheduling or deleting
a substance, unless within that thirty-day period, the department of health and
senior services objects to inclusion, rescheduling, or deletion. In that case, the
department of health and senior services shall publish the reasons for
objection and afford all interested parties an opportunity to be heard. At the
conclusion of the hearing, the department of health and senior services shall
publish its decision, which shall be final unless altered by statute. Upon
publication of objection to inclusion, rescheduling or deletion under sections
195.005 to 195.425 by the department of health and senior services, control
under sections 195.005 to 195.425 is stayed as to the substance in question
until the department of health and senior services publishes its decision.
5. The department of health and senior services shall exclude any nonnarcotic
substance from a schedule if such substance may, under the federal Food,
Drug, and Cosmetic Act and the law of this state, be lawfully sold over the
counter without a prescription.
6. The department of health and senior services shall prepare a list of all drugs
falling within the purview of controlled substances. Upon preparation, a copy of
the list shall be filed in the office of the secretary of state.
(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58)
(1975) Rescheduling of a controlled substance from schedule III to schedule II
by division of health after same action on the federal level was proper and
defendant's contention that the division had no authority to subtract or remove a
substance was held invalid. State v. Winters (A.), 525 S.W.2d 417.
(1982) Statute providing that if substance is designated as controlled
substance under federal law and notice thereof is given to division of health,
the division shall also control substance unless it objects and statute does not
result in an unlawful delegation of legislative authority. State v. Thompson (Mo.),
627 S.W.2d 298.