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Industrial Hemp, with Penalty Provisions

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Industrial Hemp, with Penalty Provisions 5739S.09F SENATE SUBSTITUTE FOR SENATE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 2034 AN ACT To repeal sections 195.010, 195.017, and 196.070, RSMo, and to enact in lieu thereof sixteen new sections relating to industrial hemp, with penalty provisions. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS: 1 Section A. Sections 195.010, 195.017, and 196.070, RSMo, 2 are repealed and sixteen new sections enacted in lieu thereof, to 3 be known as sections 195.010, 195.017, 195.203, 195.740, 195.743, 4 195.746, 195.749, 195.752, 195.755, 195.756, 195.758, 195.764, 5 195.767, 195.770, 195.773, and 196.070, to read as follows: 6 195.010. The following words and phrases as used in this 7 chapter and chapter 579, unless the context otherwise requires, 8 mean: 9 (1) "Addict", a person who habitually uses one or more 10 controlled substances to such an extent as to create a tolerance 11 for such drugs, and who does not have a medical need for such 12 drugs, or who is so far addicted to the use of such drugs as to 13 have lost the power of self-control with reference to his or her 14 addiction; 1 1 (2) "Administer", to apply a controlled substance, whether 2 by injection, inhalation, ingestion, or any other means, directly 3 to the body of a patient or research subject by: 4 (a) A practitioner (or, in his or her presence, by his or 5 her authorized agent); or 6 (b) The patient or research subject at the direction and in 7 the presence of the practitioner; 8 (3) "Agent", an authorized person who acts on behalf of or 9 at the direction of a manufacturer, distributor, or dispenser. 10 The term does not include a common or contract carrier, public 11 warehouseman, or employee of the carrier or warehouseman while 12 acting in the usual and lawful course of the carrier's or 13 warehouseman's business; 14 (4) "Attorney for the state", any prosecuting attorney, 15 circuit attorney, or attorney general authorized to investigate, 16 commence and prosecute an action under this chapter; 17 (5) "Controlled substance", a drug, substance, or immediate 18 precursor in Schedules I through V listed in this chapter; 19 (6) "Controlled substance analogue", a substance the 20 chemical structure of which is substantially similar to the 21 chemical structure of a controlled substance in Schedule I or II 22 and: 23 (a) Which has a stimulant, depressant, or hallucinogenic 24 effect on the central nervous system substantially similar to the 25 stimulant, depressant, or hallucinogenic effect on the central 26 nervous system of a controlled substance included in Schedule I 27 or II; or 28 (b) With respect to a particular individual, which that 2 1 individual represents or intends to have a stimulant, depressant, 2 or hallucinogenic effect on the central nervous system 3 substantially similar to the stimulant, depressant, or 4 hallucinogenic effect on the central nervous system of a 5 controlled substance included in Schedule I or II. The term does 6 not include a controlled substance; any substance for which there 7 is an approved new drug application; any substance for which an 8 exemption is in effect for investigational use, for a particular 9 person, under Section 505 of the federal Food, Drug and Cosmetic 10 Act (21 U.S.C. Section 355) to the extent conduct with respect to 11 the substance is pursuant to the exemption; or any substance to 12 the extent not intended for human consumption before such an 13 exemption takes effect with respect to the substance; 14 (7) "Counterfeit substance", a controlled substance which, 15 or the container or labeling of which, without authorization, 16 bears the trademark, trade name, or other identifying mark, 17 imprint, number or device, or any likeness thereof, of a 18 manufacturer, distributor, or dispenser other than the person who 19 in fact manufactured, distributed, or dispensed the substance; 20 (8) "Deliver" or "delivery", the actual, constructive, or 21 attempted transfer from one person to another of drug 22 paraphernalia or of a controlled substance, or an imitation 23 controlled substance, whether or not there is an agency 24 relationship, and includes a sale; 25 (9) "Dentist", a person authorized by law to practice 26 dentistry in this state; 27 (10) "Depressant or stimulant substance": 28 (a) A drug containing any quantity of barbituric acid or 3 1 any of the salts of barbituric acid or any derivative of 2 barbituric acid which has been designated by the United States 3 Secretary of Health and Human Services as habit forming under 21 4 U.S.C. Section 352(d); 5 (b) A drug containing any quantity of: 6 a. Amphetamine or any of its isomers; 7 b. Any salt of amphetamine or any salt of an isomer of 8 amphetamine; or 9 c. Any substance the United States Attorney General, after 10 investigation, has found to be, and by regulation designated as, 11 habit forming because of its stimulant effect on the central 12 nervous system; 13 (c) Lysergic acid diethylamide; or 14 (d) Any drug containing any quantity of a substance that 15 the United States Attorney General, after investigation, has 16 found to have, and by regulation designated as having, a 17 potential for abuse because of its depressant or stimulant effect 18 on the central nervous system or its hallucinogenic effect; 19 (11) "Dispense", to deliver a narcotic or controlled 20 dangerous drug to an ultimate user or research subject by or 21 pursuant to the lawful order of a practitioner including the 22 prescribing, administering, packaging, labeling, or compounding 23 necessary to prepare the substance for such delivery. 24 "Dispenser" means a practitioner who dispenses; 25 (12) "Distribute", to deliver other than by administering 26 or dispensing a controlled substance; 27 (13) "Distributor", a person who distributes; 28 (14) "Drug": 4 1 (a) Substances recognized as drugs in the official United 2 States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the 3 United States, or Official National Formulary, or any supplement 4 to any of them; 5 (b) Substances intended for use in the diagnosis, cure, 6 mitigation, treatment or prevention of disease in humans or 7 animals; 8 (c) Substances, other than food, intended to affect the 9 structure or any function of the body of humans or animals; and 10 (d) Substances intended for use as a component of any 11 article specified in this subdivision. It does not include 12 devices or their components, parts or accessories; 13 (15) "Drug-dependent person", a person who is using a 14 controlled substance and who is in a state of psychic or physical 15 dependence, or both, arising from the use of such substance on a 16 continuous basis. Drug dependence is characterized by behavioral 17 and other responses which include a strong compulsion to take the 18 substance on a continuous basis in order to experience its 19 psychic effects or to avoid the discomfort caused by its absence; 20 (16) "Drug enforcement agency", the Drug Enforcement 21 Administration in the United States Department of Justice, or its 22 successor agency; 23 (17) "Drug paraphernalia", all equipment, products, 24 substances and materials of any kind which are used, intended for 25 use, or designed for use, in planting, propagating, cultivating, 26 growing, harvesting, manufacturing, compounding, converting, 27 producing, processing, preparing, storing, containing, 28 concealing, injecting, ingesting, inhaling, or otherwise 5 1 introducing into the human body a controlled substance or an 2 imitation controlled substance in violation of this chapter or 3 chapter 579. It includes, but is not limited to: 4 (a) Kits used, intended for use, or designed for use in 5 planting, propagating, cultivating, growing or harvesting of any 6 species of plant which is a controlled substance or from which a 7 controlled substance can be derived; 8 (b) Kits used, intended for use, or designed for use in 9 manufacturing, compounding, converting, producing, processing, or 10 preparing controlled substances or imitation controlled 11 substances; 12 (c) Isomerization devices used, intended for use, or 13 designed for use in increasing the potency of any species of 14 plant which is a controlled substance or an imitation controlled 15 substance; 16 (d) Testing equipment used, intended for use, or designed 17 for use in identifying, or in analyzing the strength, 18 effectiveness or purity of controlled substances or imitation 19 controlled substances; 20 (e) Scales and balances used, intended for use, or designed 21 for use in weighing or measuring controlled substances or 22 imitation controlled substances; 23 (f) Dilutents and adulterants, such as quinine 24 hydrochloride, mannitol, mannite, dextrose and lactose, used, 25 intended for use, or designed for use in cutting controlled 26 substances or imitation controlled substances; 27 (g) Separation gins and sifters used, intended for use, or 28 designed for use in removing twigs and seeds from, or in 6 1 otherwise cleaning or refining, marijuana; 2 (h) Blenders, bowls, containers, spoons and mixing devices 3 used, intended for use, or designed for use in compounding 4 controlled substances or imitation controlled substances; 5 (i) Capsules, balloons, envelopes and other containers 6 used, intended for use, or designed for use in packaging small 7 quantities of controlled substances or imitation controlled 8 substances; 9 (j) Containers and other objects used, intended for use, or 10 designed for use in storing or concealing controlled substances 11 or imitation controlled substances; 12 (k) Hypodermic syringes, needles and other objects used, 13 intended for use, or designed for use in parenterally injecting 14 controlled substances or imitation controlled substances into the 15 human body; 16 (l) Objects used, intended for use, or designed for use in 17 ingesting, inhaling, or otherwise introducing marijuana, cocaine, 18 hashish, or hashish oil into the human body, such as: 19 a.
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