Authority to control
The Missouri Department of Health and Senior Services is in charge of deciding which drugs are controlled substances in the state. They look at things like how likely a drug is to be abused, how addictive it is, and how dangerous it is to the public. If the federal government adds, changes, or removes a drug from its controlled substance list, Missouri has 30 days to do the same thing, unless the department disagrees and holds a hearing. Drugs that can be bought over the counter without a prescription are not put on the controlled substance list.
195.015. to control. — 1. The shall this chapter and may add substances to the s after public notice and . In making a regarding a substance, the department of health and senior services shall consider the following:
(1) The actual or relative potential for ;
(2) The scientific evidence of its , 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 ; and
(8) Whether the substance is an of a substance already controlled under this chapter.
2. After considering the factors enumerated in 1 of this section the department of health and senior services shall make findings with respect and a 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 , , or deleted as a 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 this chapter and shall submit to the under section 536.025 within thirty days of in the federal of a 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 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 unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion under this chapter by the department of health and senior services, control under this chapter is as to the substance in question until the department of health and senior services publishes its decision. If the emergency rules under this subsection, such rules may, the of subsection 7 of section 536.025, remain in effect until the concludes its next regular session following the imposition of any such rules. The department shall clearly state if the rules shall be in effect this subsection or subsection 7 of section 536.025 in the emergency statement filed with the secretary of state.
5. The department of health and senior services shall exclude any 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 .
6. The department of health and senior services shall prepare a list of all drugs falling within the of . Upon preparation, a copy of the list shall be filed in the office of the secretary of state.
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Source & history notes
(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491, A.L. 2020 H.B. 1896) (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.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.