Section: 195.0010 Beginning January 1, 2017--Definitions. Rsmo 195.010


Published: 2015

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Missouri Revised Statutes













Chapter 195

Drug Regulations

←195.005

Section 195.010.1

195.010→

August 28, 2015

Beginning January 1, 2017--Definitions.

195.010. The following words and phrases as used in this chapter and

chapter 579, unless the context otherwise requires, mean:



(1) "Addict", a person who habitually uses one or more controlled

substances to such an extent as to create a tolerance for such drugs, and

who does not have a medical need for such drugs, or who is so far addicted

to the use of such drugs as to have lost the power of self-control with

reference to his or her addiction;



(2) "Administer", to apply a controlled substance, whether by

injection, inhalation, ingestion, or any other means, directly to the body

of a patient or research subject by:



(a) A practitioner (or, in his or her presence, by his or her

authorized agent); or



(b) The patient or research subject at the direction and in the

presence of the practitioner;



(3) "Agent", an authorized person who acts on behalf of or at the

direction of a manufacturer, distributor, or dispenser. The term does not

include a common or contract carrier, public warehouseman, or employee of

the carrier or warehouseman while acting in the usual and lawful course of

the carrier's or warehouseman's business;



(4) "Attorney for the state", any prosecuting attorney, circuit

attorney, or attorney general authorized to investigate, commence and

prosecute an action under this chapter;



(5) "Controlled substance", a drug, substance, or immediate precursor

in Schedules I through V listed in this chapter;



(6) "Controlled substance analogue", a substance the chemical

structure of which is substantially similar to the chemical structure of a

controlled substance in Schedule I or II and:



(a) Which has a stimulant, depressant, or hallucinogenic effect on

the central nervous system substantially similar to the stimulant,

depressant, or hallucinogenic effect on the central nervous system of a

controlled substance included in Schedule I or II; or



(b) With respect to a particular individual, which that individual

represents or intends to have a stimulant, depressant, or hallucinogenic

effect on the central nervous system substantially similar to the

stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance included in Schedule I or II. The term

does not include a controlled substance; any substance for which there is

an approved new drug application; any substance for which an exemption is

in effect for investigational use, for a particular person, under Section

505 of the federal Food, Drug and Cosmetic Act (21 U.S.C. Section 355) to

the extent conduct with respect to the substance is pursuant to the

exemption; or any substance to the extent not intended for human

consumption before such an exemption takes effect with respect to the

substance;



(7) "Counterfeit substance", a controlled substance which, or the

container or labeling of which, without authorization, bears the trademark,

trade name, or other identifying mark, imprint, number or device, or any

likeness thereof, of a manufacturer, distributor, or dispenser other than

the person who in fact manufactured, distributed, or dispensed the

substance;



(8) "Deliver" or "delivery", the actual, constructive, or attempted

transfer from one person to another of drug paraphernalia or of a

controlled substance, or an imitation controlled substance, whether or not

there is an agency relationship, and includes a sale;



(9) "Dentist", a person authorized by law to practice dentistry in

this state;



(10) "Depressant or stimulant substance":



(a) A drug containing any quantity of barbituric acid or any of the

salts of barbituric acid or any derivative of barbituric acid which has

been designated by the United States Secretary of Health and Human Services

as habit forming under 21 U.S.C. Section 352(d);



(b) A drug containing any quantity of:



a. Amphetamine or any of its isomers;



b. Any salt of amphetamine or any salt of an isomer of amphetamine;

or



c. Any substance the United States Attorney General, after

investigation, has found to be, and by regulation designated as, habit

forming because of its stimulant effect on the central nervous system;



(c) Lysergic acid diethylamide; or



(d) Any drug containing any quantity of a substance that the United

States Attorney General, after investigation, has found to have, and by

regulation designated as having, a potential for abuse because of its

depressant or stimulant effect on the central nervous system or its

hallucinogenic effect;



(11) "Dispense", to deliver a narcotic or controlled dangerous drug

to an ultimate user or research subject by or pursuant to the lawful order

of a practitioner including the prescribing, administering, packaging,

labeling, or compounding necessary to prepare the substance for such

delivery. "Dispenser" means a practitioner who dispenses;



(12) "Distribute", to deliver other than by administering or

dispensing a controlled substance;



(13) "Distributor", a person who distributes;



(14) "Drug":



(a) Substances recognized as drugs in the official United States

Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or

Official National Formulary, or any supplement to any of them;



(b) Substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in humans or animals;



(c) Substances, other than food, intended to affect the structure or

any function of the body of humans or animals; and



(d) Substances intended for use as a component of any article

specified in this subdivision. It does not include devices or their

components, parts or accessories;



(15) "Drug-dependent person", a person who is using a controlled

substance and who is in a state of psychic or physical dependence, or both,

arising from the use of such substance on a continuous basis. Drug

dependence is characterized by behavioral and other responses which include

a strong compulsion to take the substance on a continuous basis in order to

experience its psychic effects or to avoid the discomfort caused by its

absence;



(16) "Drug enforcement agency", the Drug Enforcement Administration

in the United States Department of Justice, or its successor agency;



(17) "Drug paraphernalia", all equipment, products, substances and

materials of any kind which are used, intended for use, or designed for

use, in planting, propagating, cultivating, growing, harvesting,

manufacturing, compounding, converting, producing, processing, preparing,

storing, containing, concealing, injecting, ingesting, inhaling, or

otherwise introducing into the human body a controlled substance or an

imitation controlled substance in violation of this chapter or chapter 579.

It includes, but is not limited to:



(a) Kits used, intended for use, or designed for use in planting,

propagating, cultivating, growing or harvesting of any species of plant

which is a controlled substance or from which a controlled substance can be

derived;



(b) Kits used, intended for use, or designed for use in

manufacturing, compounding, converting, producing, processing, or preparing

controlled substances or imitation controlled substances;



(c) Isomerization devices used, intended for use, or designed for use

in increasing the potency of any species of plant which is a controlled

substance or an imitation controlled substance;



(d) Testing equipment used, intended for use, or designed for use in

identifying, or in analyzing the strength, effectiveness or purity of

controlled substances or imitation controlled substances;



(e) Scales and balances used, intended for use, or designed for use

in weighing or measuring controlled substances or imitation controlled

substances;



(f) Dilutents and adulterants, such as quinine hydrochloride,

mannitol, mannite, dextrose and lactose, used, intended for use, or

designed for use in cutting controlled substances or imitation controlled

substances;



(g) Separation gins and sifters used, intended for use, or designed

for use in removing twigs and seeds from, or in otherwise cleaning or

refining, marijuana;



(h) Blenders, bowls, containers, spoons and mixing devices used,

intended for use, or designed for use in compounding controlled substances

or imitation controlled substances;



(i) Capsules, balloons, envelopes and other containers used, intended

for use, or designed for use in packaging small quantities of controlled

substances or imitation controlled substances;



(j) Containers and other objects used, intended for use, or designed

for use in storing or concealing controlled substances or imitation

controlled substances;



(k) Hypodermic syringes, needles and other objects used, intended for

use, or designed for use in parenterally injecting controlled substances or

imitation controlled substances into the human body;



(l) Objects used, intended for use, or designed for use in ingesting,

inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish

oil into the human body, such as:



a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes

with or without screens, permanent screens, hashish heads, or punctured

metal bowls;



b. Water pipes;



c. Carburetion tubes and devices;



d. Smoking and carburetion masks;



e. Roach clips meaning objects used to hold burning material, such as

a marijuana cigarette, that has become too small or too short to be held in

the hand;



f. Miniature cocaine spoons and cocaine vials;



g. Chamber pipes;



h. Carburetor pipes;



i. Electric pipes;



j. Air-driven pipes;



k. Chillums;



l. Bongs;



m. Ice pipes or chillers;



(m) Substances used, intended for use, or designed for use in the

manufacture of a controlled substance;





In determining whether an object, product, substance or material is drug

paraphernalia, a court or other authority should consider, in addition to

all other logically relevant factors, the following:



a. Statements by an owner or by anyone in control of the object

concerning its use;



b. Prior convictions, if any, of an owner, or of anyone in control of

the object, under any state or federal law relating to any controlled

substance or imitation controlled substance;



c. The proximity of the object, in time and space, to a direct

violation of this chapter or chapter 579;



d. The proximity of the object to controlled substances or imitation

controlled substances;



e. The existence of any residue of controlled substances or imitation

controlled substances on the object;



f. Direct or circumstantial evidence of the intent of an owner, or of

anyone in control of the object, to deliver it to persons who he or she

knows, or should reasonably know, intend to use the object to facilitate a

violation of this chapter or chapter 579; the innocence of an owner, or of

anyone in control of the object, as to direct violation of this chapter or

chapter 579 shall not prevent a finding that the object is intended for

use, or designed for use as drug paraphernalia;



g. Instructions, oral or written, provided with the object concerning

its use;



h. Descriptive materials accompanying the object which explain or

depict its use;



i. National or local advertising concerning its use;



j. The manner in which the object is displayed for sale;



k. Whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community, such as a

licensed distributor or dealer of tobacco products;



l. Direct or circumstantial evidence of the ratio of sales of the

object to the total sales of the business enterprise;



m. The existence and scope of legitimate uses for the object in the

community;



n. Expert testimony concerning its use;



o. The quantity, form or packaging of the product, substance or

material in relation to the quantity, form or packaging associated with any

legitimate use for the product, substance or material;



(18) "Federal narcotic laws", the laws of the United States relating

to controlled substances;



(19) "Hospital", a place devoted primarily to the maintenance and

operation of facilities for the diagnosis, treatment or care, for not less

than twenty-four hours in any week, of three or more nonrelated individuals

suffering from illness, disease, injury, deformity or other abnormal

physical conditions; or a place devoted primarily to provide, for not less

than twenty-four consecutive hours in any week, medical or nursing care for

three or more nonrelated individuals. The term "hospital" does not include

convalescent, nursing, shelter or boarding homes as defined in chapter 198;



(20) "Immediate precursor", a substance which:



(a) The state department of health and senior services has found to

be and by rule designates as being the principal compound commonly used or

produced primarily for use in the manufacture of a controlled substance;



(b) Is an immediate chemical intermediary used or likely to be used

in the manufacture of a controlled substance; and



(c) The control of which is necessary to prevent, curtail or limit

the manufacture of the controlled substance;



(21) "Imitation controlled substance", a substance that is not a

controlled substance, which by dosage unit appearance (including color,

shape, size and markings), or by representations made, would lead a

reasonable person to believe that the substance is a controlled substance.

In determining whether the substance is an imitation controlled substance

the court or authority concerned should consider, in addition to all other

logically relevant factors, the following:



(a) Whether the substance was approved by the federal Food and Drug

Administration for over-the-counter (nonprescription or nonlegend) sales

and was sold in the federal Food and Drug Administration approved package,

with the federal Food and Drug Administration approved labeling

information;



(b) Statements made by an owner or by anyone else in control of the

substance concerning the nature of the substance, or its use or effect;



(c) Whether the substance is packaged in a manner normally used for

illicit controlled substances;



(d) Prior convictions, if any, of an owner, or anyone in control of

the object, under state or federal law related to controlled substances or

fraud;



(e) The proximity of the substances to controlled substances;



(f) Whether the consideration tendered in exchange for the

noncontrolled substance substantially exceeds the reasonable value of the

substance considering the actual chemical composition of the substance and,

where applicable, the price at which over-the-counter substances of like

chemical composition sell. An imitation controlled substance does not

include a placebo or registered investigational drug either of which was

manufactured, distributed, possessed or delivered in the ordinary course of

professional practice or research;



(22) "Laboratory", a laboratory approved by the department of health

and senior services as proper to be entrusted with the custody of

controlled substances but does not include a pharmacist who compounds

controlled substances to be sold or dispensed on prescriptions;



(23) "Manufacture", the production, preparation, propagation,

compounding or processing of drug paraphernalia or of a controlled

substance, or an imitation controlled substance, either directly or by

extraction from substances of natural origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the substance or

labeling or relabeling of its container. This term does not include the

preparation or compounding of a controlled substance or an imitation

controlled substance or the preparation, compounding, packaging or labeling

of a narcotic or dangerous drug:



(a) By a practitioner as an incident to his or her administering or

dispensing of a controlled substance or an imitation controlled substance

in the course of his or her professional practice, or



(b) By a practitioner or his or her authorized agent under his or her

supervision, for the purpose of, or as an incident to, research, teaching

or chemical analysis and not for sale;



(24) "Marijuana", all parts of the plant genus Cannabis in any

species or form thereof, including, but not limited to Cannabis Sativa L.,

Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis

Gigantea, whether growing or not, the seeds thereof, the resin extracted

from any part of the plant; and every compound, manufacture, salt,

derivative, mixture, or preparation of the plant, its seeds or resin. It

does not include the mature stalks of the plant, fiber produced from the

stalks, oil or cake made from the seeds of the plant, any other compound,

manufacture, salt, derivative, mixture or preparation of the mature stalks

(except the resin extracted therefrom), fiber, oil or cake, or the

sterilized seed of the plant which is incapable of germination;



(25) "Methamphetamine precursor drug", any drug containing ephedrine,

pseudoephedrine, phenylpropanolamine, or any of their salts, optical

isomers, or salts of optical isomers;



(26) "Narcotic drug", any of the following, whether produced directly

or indirectly by extraction from substances of vegetable origin, or

independently by means of chemical synthesis, or by a combination of

extraction and chemical analysis:



(a) Opium, opiate, and any derivative, of opium or opiate, including

their isomers, esters, ethers, salts, and salts of isomers, esters, and

ethers, whenever the existence of the isomers, esters, ethers, and salts is

possible within the specific chemical designation. The term does not

include the isoquinoline alkaloids of opium;



(b) Coca leaves, but not including extracts of coca leaves from which

cocaine, ecgonine, and derivatives of ecgonine or their salts have been

removed;



(c) Cocaine or any salt, isomer, or salt of isomer thereof;



(d) Ecgonine, or any derivative, salt, isomer, or salt of isomer

thereof;



(e) Any compound, mixture, or preparation containing any quantity of

any substance referred to in paragraphs (a) to (d) of this subdivision;



(27) "Official written order", an order written on a form provided

for that purpose by the United States Commissioner of Narcotics, under any

laws of the United States making provision therefor, if such order forms

are authorized and required by federal law, and if no such order form is

provided, then on an official form provided for that purpose by the

department of health and senior services;



(28) "Opiate", any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of

conversion into a drug having addiction-forming or addiction-sustaining

liability. The term includes its racemic and levorotatory forms. It does

not include, unless specifically controlled under section 195.017, the

dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts

(dextromethorphan);



(29) "Opium poppy", the plant of the species Papaver somniferum L.,

except its seeds;



(30) "Over-the-counter sale", a retail sale licensed pursuant to

chapter 144 of a drug other than a controlled substance;



(31) "Person", an individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, partnership, joint

venture, association, or any other legal or commercial entity;



(32) "Pharmacist", a licensed pharmacist as defined by the laws of

this state, and where the context so requires, the owner of a store or

other place of business where controlled substances are compounded or

dispensed by a licensed pharmacist; but nothing in this chapter shall be

construed as conferring on a person who is not registered nor licensed as a

pharmacist any authority, right or privilege that is not granted to him by

the pharmacy laws of this state;



(33) "Poppy straw", all parts, except the seeds, of the opium poppy,

after mowing;



(34) "Possessed" or "possessing a controlled substance", a person,

with the knowledge of the presence and nature of a substance, has actual or

constructive possession of the substance. A person has actual possession

if he has the substance on his or her person or within easy reach and

convenient control. A person who, although not in actual possession, has

the power and the intention at a given time to exercise dominion or control

over the substance either directly or through another person or persons is

in constructive possession of it. Possession may also be sole or joint.

If one person alone has possession of a substance possession is sole. If

two or more persons share possession of a substance, possession is joint;



(35) "Practitioner", a physician, dentist, optometrist, podiatrist,

veterinarian, scientific investigator, pharmacy, hospital or other person

licensed, registered or otherwise permitted by this state to distribute,

dispense, conduct research with respect to or administer or to use in

teaching or chemical analysis, a controlled substance in the course of

professional practice or research in this state, or a pharmacy, hospital or

other institution licensed, registered, or otherwise permitted to

distribute, dispense, conduct research with respect to or administer a

controlled substance in the course of professional practice or research;



(36) "Production", includes the manufacture, planting, cultivation,

growing, or harvesting of drug paraphernalia or of a controlled substance

or an imitation controlled substance;



(37) "Registry number", the number assigned to each person registered

under the federal controlled substances laws;



(38) "Sale", includes barter, exchange, or gift, or offer therefor,

and each such transaction made by any person, whether as principal,

proprietor, agent, servant or employee;



(39) "State" when applied to a part of the United States, includes

any state, district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United States of

America;



(40) "Synthetic cannabinoid", includes unless specifically excepted

or unless listed in another schedule, any natural or synthetic material,

compound, mixture, or preparation that contains any quantity of a substance

that is a cannabinoid receptor agonist, including but not limited to any

substance listed in paragraph (ll) of subdivision (4) of subsection 2 of

section 195.017 and any analogues; homologues; isomers, whether optical,

positional, or geometric; esters; ethers; salts; and salts of isomers,

esters, and ethers, whenever the existence of the isomers, esters, ethers,

or salts is possible within the specific chemical designation, however, it

shall not include any approved pharmaceutical authorized by the United

States Food and Drug Administration;



(41) "Ultimate user", a person who lawfully possesses a controlled

substance or an imitation controlled substance for his or her own use or

for the use of a member of his or her household or immediate family,

regardless of whether they live in the same household, or for administering

to an animal owned by him or by a member of his or her household. For

purposes of this section, the phrase "immediate family" means a husband,

wife, parent, child, sibling, stepparent, stepchild, stepbrother,

stepsister, grandparent, or grandchild;



(42) "Wholesaler", a person who supplies drug paraphernalia or

controlled substances or imitation controlled substances that he himself

has not produced or prepared, on official written orders, but not on

prescriptions.



(RSMo 1939 § 9832, A.L. 1945 p. 957, A.L. 1953 p. 619, A.L. 1957 p.

679, A.L. 1971 H.B. 69, A.L. 1975 H.B. 438, A.L. 1982 S.B. 522,

A.L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147,

et al., A.L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2011

H.B. 641, A.L. 2014 S.B. 491)



Effective 1-01-17





2011

2001

1998



2011



195.010. The following words and phrases as used in sections 195.005 to

195.425*, unless the context otherwise requires, mean:



(1) "Addict", a person who habitually uses one or more controlled

substances to such an extent as to create a tolerance for such drugs, and who

does not have a medical need for such drugs, or who is so far addicted to the

use of such drugs as to have lost the power of self-control with reference to

his addiction;



(2) "Administer", to apply a controlled substance, whether by injection,

inhalation, ingestion, or any other means, directly to the body of a patient

or research subject by:



(a) A practitioner (or, in his presence, by his authorized agent); or



(b) The patient or research subject at the direction and in the presence

of the practitioner;



(3) "Agent", an authorized person who acts on behalf of or at the

direction of a manufacturer, distributor, or dispenser. The term does not

include a common or contract carrier, public warehouseman, or employee of the

carrier or warehouseman while acting in the usual and lawful course of the

carrier's or warehouseman's business;



(4) "Attorney for the state", any prosecuting attorney, circuit

attorney, or attorney general authorized to investigate, commence and

prosecute an action under sections 195.005 to 195.425*;



(5) "Controlled substance", a drug, substance, or immediate precursor in

Schedules I through V listed in sections 195.005 to 195.425*;



(6) "Controlled substance analogue", a substance the chemical structure

of which is substantially similar to the chemical structure of a controlled

substance in Schedule I or II and:



(a) Which has a stimulant, depressant, or hallucinogenic effect on the

central nervous system substantially similar to the stimulant, depressant, or

hallucinogenic effect on the central nervous system of a controlled substance

included in Schedule I or II; or



(b) With respect to a particular individual, which that individual

represents or intends to have a stimulant, depressant, or hallucinogenic

effect on the central nervous system substantially similar to the stimulant,

depressant, or hallucinogenic effect on the central nervous system of a

controlled substance included in Schedule I or II. The term does not include

a controlled substance; any substance for which there is an approved new drug

application; any substance for which an exemption is in effect for

investigational use, for a particular person, under Section 505 of the federal

Food, Drug and Cosmetic Act (21 U.S.C. 355) to the extent conduct with respect

to the substance is pursuant to the exemption; or any substance to the extent

not intended for human consumption before such an exemption takes effect with

respect to the substance;



(7) "Counterfeit substance", a controlled substance which, or the

container or labeling of which, without authorization, bears the trademark,

trade name, or other identifying mark, imprint, number or device, or any

likeness thereof, of a manufacturer, distributor, or dispenser other than the

person who in fact manufactured, distributed, or dispensed the substance;



(8) "Deliver" or "delivery", the actual, constructive, or attempted

transfer from one person to another of drug paraphernalia or of a controlled

substance, or an imitation controlled substance, whether or not there is an

agency relationship, and includes a sale;



(9) "Dentist", a person authorized by law to practice dentistry in this

state;



(10) "Depressant or stimulant substance":



(a) A drug containing any quantity of barbituric acid or any of the

salts of barbituric acid or any derivative of barbituric acid which has been

designated by the United States Secretary of Health and Human Services as

habit forming under 21 U.S.C. 352(d);



(b) A drug containing any quantity of:



a. Amphetamine or any of its isomers;



b. Any salt of amphetamine or any salt of an isomer of amphetamine; or



c. Any substance the United States Attorney General, after

investigation, has found to be, and by regulation designated as, habit forming

because of its stimulant effect on the central nervous system;



(c) Lysergic acid diethylamide; or



(d) Any drug containing any quantity of a substance that the United

States Attorney General, after investigation, has found to have, and by

regulation designated as having, a potential for abuse because of its

depressant or stimulant effect on the central nervous system or its

hallucinogenic effect;



(11) "Dispense", to deliver a narcotic or controlled dangerous drug to

an ultimate user or research subject by or pursuant to the lawful order of a

practitioner including the prescribing, administering, packaging, labeling, or

compounding necessary to prepare the substance for such delivery. "Dispenser"

means a practitioner who dispenses;



(12) "Distribute", to deliver other than by administering or dispensing

a controlled substance;



(13) "Distributor", a person who distributes;



(14) "Drug":



(a) Substances recognized as drugs in the official United States

Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or

Official National Formulary, or any supplement to any of them;



(b) Substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in humans or animals;



(c) Substances, other than food, intended to affect the structure or any

function of the body of humans or animals; and



(d) Substances intended for use as a component of any article specified

in this subdivision. It does not include devices or their components, parts

or accessories;



(15) "Drug-dependent person", a person who is using a controlled

substance and who is in a state of psychic or physical dependence, or both,

arising from the use of such substance on a continuous basis. Drug dependence

is characterized by behavioral and other responses which include a strong

compulsion to take the substance on a continuous basis in order to experience

its psychic effects or to avoid the discomfort caused by its absence;



(16) "Drug enforcement agency", the Drug Enforcement Administration in

the United States Department of Justice, or its successor agency;



(17) "Drug paraphernalia", all equipment, products, substances and

materials of any kind which are used, intended for use, or designed for use,

in planting, propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing, storing,

containing, concealing, injecting, ingesting, inhaling, or otherwise

introducing into the human body a controlled substance or an imitation

controlled substance in violation of sections 195.005 to 195.425*. It

includes, but is not limited to:



(a) Kits used, intended for use, or designed for use in planting,

propagating, cultivating, growing or harvesting of any species of plant which

is a controlled substance or from which a controlled substance can be derived;



(b) Kits used, intended for use, or designed for use in manufacturing,

compounding, converting, producing, processing, or preparing controlled

substances or imitation controlled substances;



(c) Isomerization devices used, intended for use, or designed for use in

increasing the potency of any species of plant which is a controlled substance

or an imitation controlled substance;



(d) Testing equipment used, intended for use, or designed for use in

identifying, or in analyzing the strength, effectiveness or purity of

controlled substances or imitation controlled substances;



(e) Scales and balances used, intended for use, or designed for use in

weighing or measuring controlled substances or imitation controlled

substances;



(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol,

mannite, dextrose and lactose, used, intended for use, or designed for use in

cutting controlled substances or imitation controlled substances;



(g) Separation gins and sifters used, intended for use, or designed for

use in removing twigs and seeds from, or in otherwise cleaning or refining,

marijuana;



(h) Blenders, bowls, containers, spoons and mixing devices used,

intended for use, or designed for use in compounding controlled substances or

imitation controlled substances;



(i) Capsules, balloons, envelopes and other containers used, intended

for use, or designed for use in packaging small quantities of controlled

substances or imitation controlled substances;



(j) Containers and other objects used, intended for use, or designed for

use in storing or concealing controlled substances or imitation controlled

substances;



(k) Hypodermic syringes, needles and other objects used, intended for

use, or designed for use in parenterally injecting controlled substances or

imitation controlled substances into the human body;



(l) Objects used, intended for use, or designed for use in ingesting,

inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil

into the human body, such as:



a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with

or without screens, permanent screens, hashish heads, or punctured metal

bowls;



b. Water pipes;



c. Carburetion tubes and devices;



d. Smoking and carburetion masks;



e. Roach clips meaning objects used to hold burning material, such as a

marijuana cigarette, that has become too small or too short to be held in the

hand;



f. Miniature cocaine spoons and cocaine vials;



g. Chamber pipes;



h. Carburetor pipes;



i. Electric pipes;



j. Air-driven pipes;



k. Chillums;



l. Bongs;



m. Ice pipes or chillers;



(m) Substances used, intended for use, or designed for use in the

manufacture of a controlled substance; In determining whether an object,

product, substance or material is drug paraphernalia, a court or other

authority should consider, in addition to all other logically relevant

factors, the following:



a. Statements by an owner or by anyone in control of the object

concerning its use;



b. Prior convictions, if any, of an owner, or of anyone in control of

the object, under any state or federal law relating to any controlled

substance or imitation controlled substance;



c. The proximity of the object, in time and space, to a direct violation

of sections 195.005 to 195.425*;



d. The proximity of the object to controlled substances or imitation

controlled substances;



e. The existence of any residue of controlled substances or imitation

controlled substances on the object;



f. Direct or circumstantial evidence of the intent of an owner, or of

anyone in control of the object, to deliver it to persons who he knows, or

should reasonably know, intend to use the object to facilitate a violation of

sections 195.005 to 195.425*; the innocence of an owner, or of anyone in

control of the object, as to direct violation of sections 195.005 to 195.425*

shall not prevent a finding that the object is intended for use, or designed

for use as drug paraphernalia;



g. Instructions, oral or written, provided with the object concerning

its use;



h. Descriptive materials accompanying the object which explain or depict

its use;



i. National or local advertising concerning its use;



j. The manner in which the object is displayed for sale;



k. Whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community, such as a

licensed distributor or dealer of tobacco products;



l. Direct or circumstantial evidence of the ratio of sales of the object

to the total sales of the business enterprise;



m. The existence and scope of legitimate uses for the object in the

community;



n. Expert testimony concerning its use;



o. The quantity, form or packaging of the product, substance or material

in relation to the quantity, form or packaging associated with any legitimate

use for the product, substance or material;



(18) "Federal narcotic laws", the laws of the United States relating to

controlled substances;



(19) "Hospital", a place devoted primarily to the maintenance and

operation of facilities for the diagnosis, treatment or care, for not less

than twenty-four hours in any week, of three or more nonrelated individuals

suffering from illness, disease, injury, deformity or other abnormal physical

conditions; or a place devoted primarily to provide, for not less than

twenty-four consecutive hours in any week, medical or nursing care for three

or more nonrelated individuals. The term "hospital" does not include

convalescent, nursing, shelter or boarding homes as defined in chapter 198;



(20) "Immediate precursor", a substance which:



(a) The state department of health and senior services has found to be

and by rule designates as being the principal compound commonly used or

produced primarily for use in the manufacture of a controlled substance;



(b) Is an immediate chemical intermediary used or likely to be used in

the manufacture of a controlled substance; and



(c) The control of which is necessary to prevent, curtail or limit the

manufacture of the controlled substance;



(21) "Imitation controlled substance", a substance that is not a

controlled substance, which by dosage unit appearance (including color, shape,

size and markings), or by representations made, would lead a reasonable person

to believe that the substance is a controlled substance. In determining

whether the substance is an imitation controlled substance the court or

authority concerned should consider, in addition to all other logically

relevant factors, the following:



(a) Whether the substance was approved by the federal Food and Drug

Administration for over-the-counter (nonprescription or nonlegend) sales and

was sold in the federal Food and Drug Administration approved package, with

the federal Food and Drug Administration approved labeling information;



(b) Statements made by an owner or by anyone else in control of the

substance concerning the nature of the substance, or its use or effect;



(c) Whether the substance is packaged in a manner normally used for

illicit controlled substances;



(d) Prior convictions, if any, of an owner, or anyone in control of the

object, under state or federal law related to controlled substances or fraud;



(e) The proximity of the substances to controlled substances;



(f) Whether the consideration tendered in exchange for the noncontrolled

substance substantially exceeds the reasonable value of the substance

considering the actual chemical composition of the substance and, where

applicable, the price at which over-the-counter substances of like chemical

composition sell. An imitation controlled substance does not include a

placebo or registered investigational drug either of which was manufactured,

distributed, possessed or delivered in the ordinary course of professional

practice or research;



(22) "Laboratory", a laboratory approved by the department of health and

senior services as proper to be entrusted with the custody of controlled

substances but does not include a pharmacist who compounds controlled

substances to be sold or dispensed on prescriptions;



(23) "Manufacture", the production, preparation, propagation,

compounding or processing of drug paraphernalia or of a controlled substance,

or an imitation controlled substance, either directly or by extraction from

substances of natural origin, or independently by means of chemical synthesis,

or by a combination of extraction and chemical synthesis, and includes any

packaging or repackaging of the substance or labeling or relabeling of its

container. This term does not include the preparation or compounding of a

controlled substance or an imitation controlled substance or the preparation,

compounding, packaging or labeling of a narcotic or dangerous drug:



(a) By a practitioner as an incident to his administering or dispensing

of a controlled substance or an imitation controlled substance in the course

of his professional practice, or



(b) By a practitioner or his authorized agent under his supervision, for

the purpose of, or as an incident to, research, teaching or chemical analysis

and not for sale;



(24) "Marijuana", all parts of the plant genus Cannabis in any species

or form thereof, including, but not limited to Cannabis Sativa L., Cannabis

Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea, whether

growing or not, the seeds thereof, the resin extracted from any part of the

plant; and every compound, manufacture, salt, derivative, mixture, or

preparation of the plant, its seeds or resin. It does not include the mature

stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative, mixture

or preparation of the mature stalks (except the resin extracted therefrom),

fiber, oil or cake, or the sterilized seed of the plant which is incapable of

germination;



(25) "Methamphetamine precursor drug", any drug containing ephedrine,

pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers,

or salts of optical isomers;



(26) "Narcotic drug", any of the following, whether produced directly or

indirectly by extraction from substances of vegetable origin, or independently

by means of chemical synthesis, or by a combination of extraction and chemical

analysis:



(a) Opium, opiate, and any derivative, of opium or opiate, including

their isomers, esters, ethers, salts, and salts of isomers, esters, and

ethers, whenever the existence of the isomers, esters, ethers, and salts is

possible within the specific chemical designation. The term does not include

the isoquinoline alkaloids of opium;



(b) Coca leaves, but not including extracts of coca leaves from which

cocaine, ecgonine, and derivatives of ecgonine or their salts have been

removed;



(c) Cocaine or any salt, isomer, or salt of isomer thereof;



(d) Ecgonine, or any derivative, salt, isomer, or salt of isomer

thereof;



(e) Any compound, mixture, or preparation containing any quantity of any

substance referred to in paragraphs (a) to (d) of this subdivision;



(27) "Official written order", an order written on a form provided for

that purpose by the United States Commissioner of Narcotics, under any laws of

the United States making provision therefor, if such order forms are

authorized and required by federal law, and if no such order form is provided,

then on an official form provided for that purpose by the department of health

and senior services;



(28) "Opiate", any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of

conversion into a drug having addiction-forming or addiction-sustaining

liability. The term includes its racemic and levorotatory forms. It does not

include, unless specifically controlled under section 195.017, the

dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts

(dextromethorphan);



(29) "Opium poppy", the plant of the species Papaver somniferum L.,

except its seeds;



(30) "Over-the-counter sale", a retail sale licensed pursuant to chapter

144 of a drug other than a controlled substance;



(31) "Person", an individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, partnership, joint

venture, association, or any other legal or commercial entity;



(32) "Pharmacist", a licensed pharmacist as defined by the laws of this

state, and where the context so requires, the owner of a store or other place

of business where controlled substances are compounded or dispensed by a

licensed pharmacist; but nothing in sections 195.005 to 195.425* shall be

construed as conferring on a person who is not registered nor licensed as a

pharmacist any authority, right or privilege that is not granted to him by the

pharmacy laws of this state;



(33) "Poppy straw", all parts, except the seeds, of the opium poppy,

after mowing;



(34) "Possessed" or "possessing a controlled substance", a person, with

the knowledge of the presence and nature of a substance, has actual or

constructive possession of the substance. A person has actual possession if

he has the substance on his person or within easy reach and convenient

control. A person who, although not in actual possession, has the power and

the intention at a given time to exercise dominion or control over the

substance either directly or through another person or persons is in

constructive possession of it. Possession may also be sole or joint. If one

person alone has possession of a substance possession is sole. If two or more

persons share possession of a substance, possession is joint;



(35) "Practitioner", a physician, dentist, optometrist, podiatrist,

veterinarian, scientific investigator, pharmacy, hospital or other person

licensed, registered or otherwise permitted by this state to distribute,

dispense, conduct research with respect to or administer or to use in teaching

or chemical analysis, a controlled substance in the course of professional

practice or research in this state, or a pharmacy, hospital or other

institution licensed, registered, or otherwise permitted to distribute,

dispense, conduct research with respect to or administer a controlled

substance in the course of professional practice or research;



(36) "Production", includes the manufacture, planting, cultivation,

growing, or harvesting of drug paraphernalia or of a controlled substance or

an imitation controlled substance;



(37) "Registry number", the number assigned to each person registered

under the federal controlled substances laws;



(38) "Sale", includes barter, exchange, or gift, or offer therefor, and

each such transaction made by any person, whether as principal, proprietor,

agent, servant or employee;



(39) "State" when applied to a part of the United States, includes any

state, district, commonwealth, territory, insular possession thereof, and any

area subject to the legal authority of the United States of America;



(40) "Synthetic cannabinoid", includes unless specifically excepted or

unless listed in another schedule, any natural or synthetic material,

compound, mixture, or preparation that contains any quantity of a substance

that is a cannabinoid receptor agonist, including but not limited to any

substance listed in paragraph (ll) of subdivision (4) of subsection 2 of

section 195.017 and any analogues, homologues; isomers, whether optical,

positional, or geometric; esters; ethers; salts; and salts of isomers, esters,

and ethers, whenever the existence of the isomers, esters, ethers, or salts is

possible within the specific chemical designation, however, it shall not

include any approved pharmaceutical authorized by the United States Food and

Drug Administration;



(41) "Ultimate user", a person who lawfully possesses a controlled

substance or an imitation controlled substance for his own use or for the use

of a member of his household or for administering to an animal owned by him or

by a member of his household;



(42) "Wholesaler", a person who supplies drug paraphernalia or

controlled substances or imitation controlled substances that he himself has

not produced or prepared, on official written orders, but not on

prescriptions.



2001



195.010. The following words and phrases as used in sections 195.005 to

195.425, unless the context otherwise requires, mean:



(1) "Addict", a person who habitually uses one or more controlled

substances to such an extent as to create a tolerance for such drugs, and who

does not have a medical need for such drugs, or who is so far addicted to the

use of such drugs as to have lost the power of self-control with reference to

his addiction;



(2) "Administer", to apply a controlled substance, whether by injection,

inhalation, ingestion, or any other means, directly to the body of a patient

or research subject by:



(a) A practitioner (or, in his presence, by his authorized agent); or



(b) The patient or research subject at the direction and in the presence

of the practitioner;



(3) "Agent", an authorized person who acts on behalf of or at the

direction of a manufacturer, distributor, or dispenser. The term does not

include a common or contract carrier, public warehouseman, or employee of the

carrier or warehouseman while acting in the usual and lawful course of the

carrier's or warehouseman's business;



(4) "Attorney for the state", any prosecuting attorney, circuit

attorney, or attorney general authorized to investigate, commence and

prosecute an action under sections 195.005 to 195.425;



(5) "Controlled substance", a drug, substance, or immediate precursor in

Schedules I through V listed in sections 195.005 to 195.425;



(6) "Controlled substance analogue", a substance the chemical structure

of which is substantially similar to the chemical structure of a controlled

substance in Schedule I or II and:



(a) Which has a stimulant, depressant, or hallucinogenic effect on the

central nervous system substantially similar to the stimulant, depressant, or

hallucinogenic effect on the central nervous system of a controlled substance

included in Schedule I or II; or



(b) With respect to a particular individual, which that individual

represents or intends to have a stimulant, depressant, or hallucinogenic

effect on the central nervous system substantially similar to the stimulant,

depressant, or hallucinogenic effect on the central nervous system of a

controlled substance included in Schedule I or II. The term does not include

a controlled substance; any substance for which there is an approved new drug

application; any substance for which an exemption is in effect for

investigational use, for a particular person, under Section 505 of the federal

Food, Drug and Cosmetic Act (21 U.S.C. 355) to the extent conduct with

respect to the substance is pursuant to the exemption; or any substance to

the extent not intended for human consumption before such an exemption takes

effect with respect to the substance;



(7) "Counterfeit substance", a controlled substance which, or the

container or labeling of which, without authorization, bears the trademark,

trade name, or other identifying mark, imprint, number or device, or any

likeness thereof, of a manufacturer, distributor, or dispenser other than the

person who in fact manufactured, distributed, or dispensed the substance;



(8) "Deliver" or "delivery", the actual, constructive, or attempted

transfer from one person to another of drug paraphernalia or of a controlled

substance, or an imitation controlled substance, whether or not there is an

agency relationship, and includes a sale;



(9) "Dentist", a person authorized by law to practice dentistry in this

state;



(10) "Depressant or stimulant substance":







(a) A drug containing any quantity of barbituric acid or any of the

salts of barbituric acid or any derivative of barbituric acid which has been

designated by the United States Secretary of Health and Human Services as

habit forming under 21 U.S.C. 352(d);



(b) A drug containing any quantity of:



a. Amphetamine or any of its isomers;



b. Any salt of amphetamine or any salt of an isomer of amphetamine; or



c. Any substance the United States Attorney General, after investigation,

has found to be, and by regulation designated as, habit forming because of

its stimulant effect on the central nervous system;



(c) Lysergic acid diethylamide; or



(d) Any drug containing any quantity of a substance that the United

States Attorney General, after investigation, has found to have, and by

regulation designated as having, a potential for abuse because of its

depressant or stimulant effect on the central nervous system or its

hallucinogenic effect;



(11) "Dispense", to deliver a narcotic or controlled dangerous drug to an

ultimate user or research subject by or pursuant to the lawful order of a

practitioner including the prescribing, administering, packaging, labeling, or

compounding necessary to prepare the substance for such delivery.

"Dispenser" means a practitioner who dispenses;



(12) "Distribute", to deliver other than by administering or dispensing a

controlled substance;



(13) "Distributor", a person who distributes;



(14) "Drug":







(a) Substances recognized as drugs in the official United States

Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or

Official National Formulary, or any supplement to any of them;



(b) Substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in humans or animals;



(c) Substances, other than food, intended to affect the structure or any

function of the body of humans or animals; and



(d) Substances intended for use as a component of any article specified

in this subdivision. It does not include devices or their components, parts

or accessories;







(15) "Drug-dependent person", a person who is using a controlled

substance and who is in a state of psychic or physical dependence, or both,

arising from the use of such substance on a continuous basis. Drug

dependence is characterized by behavioral and other responses which include a

strong compulsion to take the substance on a continuous basis in order to

experience its psychic effects or to avoid the discomfort caused by its

absence;



(16) "Drug enforcement agency", the Drug Enforcement Administration in

the United States Department of Justice, or its successor agency;



(17) "Drug paraphernalia", all equipment, products, substances and

materials of any kind which are used, intended for use, or designed for use,

in planting, propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing, storing,

containing, concealing, injecting, ingesting, inhaling, or otherwise

introducing into the human body a controlled substance or an imitation

controlled substance in violation of sections 195.005 to 195.425. It

includes, but is not limited to:



(a) Kits used, intended for use, or designed for use in planting,

propagating, cultivating, growing or harvesting of any species of plant which

is a controlled substance or from which a controlled substance can be derived;



(b) Kits used, intended for use, or designed for use in manufacturing,

compounding, converting, producing, processing, or preparing controlled

substances or imitation controlled substances;



(c) Isomerization devices used, intended for use, or designed for use in

increasing the potency of any species of plant which is a controlled

substance or an imitation controlled substance;



(d) Testing equipment used, intended for use, or designed for use in

identifying, or in analyzing the strength, effectiveness or purity of

controlled substances or imitation controlled substances;



(e) Scales and balances used, intended for use, or designed for use in

weighing or measuring controlled substances or imitation controlled

substances;



(f) Dilutents and adulterants, such as quinine hydrochloride, mannitol,

mannite, dextrose and lactose, used, intended for use, or designed for use in

cutting controlled substances or imitation controlled substances;



(g) Separation gins and sifters used, intended for use, or designed for

use in removing twigs and seeds from, or in otherwise cleaning or refining,

marijuana;



(h) Blenders, bowls, containers, spoons and mixing devices used,

intended for use, or designed for use in compounding controlled substances or

imitation controlled substances;



(i) Capsules, balloons, envelopes and other containers used, intended

for use, or designed for use in packaging small quantities of controlled

substances or imitation controlled substances;



(j) Containers and other objects used, intended for use, or designed for

use in storing or concealing controlled substances or imitation controlled

substances;



(k) Hypodermic syringes, needles and other objects used, intended for

use, or designed for use in parenterally injecting controlled substances or

imitation controlled substances into the human body;



(l) Objects used, intended for use, or designed for use in ingesting,

inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish

oil into the human body, such as:



a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with

or without screens, permanent screens, hashish heads, or punctured metal

bowls;



b. Water pipes;



c. Carburetion tubes and devices;



d. Smoking and carburetion masks;



e. Roach clips meaning objects used to hold burning material, such as a

marijuana cigarette, that has become too small or too short to be held in the

hand;



f. Miniature cocaine spoons and cocaine vials;



g. Chamber pipes;



h. Carburetor pipes;



i. Electric pipes;



j. Air-driven pipes;



k. Chillums;



l. Bongs;



m. Ice pipes or chillers;



(m) Substances used, intended for use, or designed for use in the

manufacture of a controlled substance;





In determining whether an object, product, substance or material is drug

paraphernalia, a court or other authority should consider, in addition to all

other logically relevant factors, the following:



(a) Statements by an owner or by anyone in control of the object

concerning its use;







(b) Prior convictions, if any, of an owner, or of anyone in control of

the object, under any state or federal law relating to any controlled

substance or imitation controlled substance;



(c) The proximity of the object, in time and space, to a direct

violation of sections 195.005 to 195.425;



(d) The proximity of the object to controlled substances or imitation

controlled substances;



(e) The existence of any residue of controlled substances or imitation

controlled substances on the object;



(f) Direct or circumstantial evidence of the intent of an owner, or of

anyone in control of the object, to deliver it to persons who he knows, or

should reasonably know, intend to use the object to facilitate a violation of

sections 195.005 to 195.425; the innocence of an owner, or of anyone in

control of the object, as to direct violation of sections 195.005 to 195.425

shall not prevent a finding that the object is intended for use, or designed

for use as drug paraphernalia;



(g) Instructions, oral or written, provided with the object concerning

its use;



(h) Descriptive materials accompanying the object which explain or

depict its use;



(i) National or local advertising concerning its use;



(j) The manner in which the object is displayed for sale;



(k) Whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community, such as a

licensed distributor or dealer of tobacco products;



(l) Direct or circumstantial evidence of the ratio of sales of the

object to the total sales of the business enterprise;



(m) The existence and scope of legitimate uses for the object in the

community;



(n) Expert testimony concerning its use;



(o) The quantity, form or packaging of the product, substance or

material in relation to the quantity, form or packaging associated with any

legitimate use for the product, substance or material;



(18) "Federal narcotic laws", the laws of the United States relating to

controlled substances;



(19) "Hospital", a place devoted primarily to the maintenance and

operation of facilities for the diagnosis, treatment or care, for not less

than twenty-four hours in any week, of three or more nonrelated individuals

suffering from illness, disease, injury, deformity or other abnormal physical

conditions; or a place devoted primarily to provide, for not less than

twenty-four consecutive hours in any week, medical or nursing care for three

or more nonrelated individuals. The term "hospital" does not include

convalescent, nursing, shelter or boarding homes as defined in chapter 198;



(20) "Immediate precursor", a substance which:







(a) The state department of health and senior services has found to be

and by rule designates as being the principal compound commonly used or

produced primarily for use in the manufacture of a controlled substance;



(b) Is an immediate chemical intermediary used or likely to be used in

the manufacture of a controlled substance; and



(c) The control of which is necessary to prevent, curtail or limit the

manufacture of the controlled substance;







(21) "Imitation controlled substance", a substance that is not a

controlled substance, which by dosage unit appearance (including color,

shape, size and markings), or by representations made, would lead a

reasonable person to believe that the substance is a controlled substance. In

determining whether the substance is an "imitation controlled substance" the

court or authority concerned should consider, in addition to all other

logically relevant factors, the following:



(a) Whether the substance was approved by the federal Food and Drug

Administration for over-the-counter (nonprescription or nonlegend) sales and

was sold in the federal Food and Drug Administration approved package, with

the federal Food and Drug Administration approved labeling information;



(b) Statements made by an owner or by anyone else in control of the

substance concerning the nature of the substance, or its use or effect;



(c) Whether the substance is packaged in a manner normally used for

illicit controlled substances;



(d) Prior convictions, if any, of an owner, or anyone in control of the

object, under state or federal law related to controlled substances or fraud;



(e) The proximity of the substances to controlled substances;



(f) Whether the consideration tendered in exchange for the noncontrolled

substance substantially exceeds the reasonable value of the substance

considering the actual chemical composition of the substance and, where

applicable, the price at which over-the-counter substances of like chemical

composition sell. An imitation controlled substance does not include a

placebo or registered investigational drug either of which was manufactured,

distributed, possessed or delivered in the ordinary course of professional

practice or research;



(22) "Laboratory", a laboratory approved by the department of health and

senior services as proper to be entrusted with the custody of controlled

substances but does not include a pharmacist who compounds controlled

substances to be sold or dispensed on prescriptions;



(23) "Manufacture", the production, preparation, propagation, compounding

or processing of drug paraphernalia or of a controlled substance, or an

imitation controlled substance, either directly or by extraction from

substances of natural origin, or independently by means of chemical synthesis,

or by a combination of extraction and chemical synthesis, and includes any

packaging or repackaging of the substance or labeling or relabeling of its

container. This term does not include the preparation or compounding of a

controlled substance or an imitation controlled substance or the preparation,

compounding, packaging or labeling of a narcotic or dangerous drug:



(a) By a practitioner as an incident to his administering or dispensing

of a controlled substance or an imitation controlled substance in the course

of his professional practice, or



(b) By a practitioner or his authorized agent under his supervision, for

the purpose of, or as an incident to, research, teaching or chemical analysis

and not for sale;



(24) "Marijuana", all parts of the plant genus Cannabis in any species or

form thereof, including, but not limited to Cannabis Sativa L., Cannabis

Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis Gigantea,

whether growing or not, the seeds thereof, the resin extracted from any part

of the plant; and every compound, manufacture, salt, derivative, mixture, or

preparation of the plant, its seeds or resin. It does not include the mature

stalks of the plant, fiber produced from the stalks, oil or cake made from the

seeds of the plant, any other compound, manufacture, salt, derivative,

mixture or preparation of the mature stalks (except the resin extracted

therefrom), fiber, oil or cake, or the sterilized seed of the plant which is

incapable of germination;



(25) "Methamphetamine precursor drug", any drug containing ephedrine,

pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers,

or salts of optical isomers;



(26) "Narcotic drug", any of the following, whether produced directly or

indirectly by extraction from substances of vegetable origin, or

independently by means of chemical synthesis, or by a combination of

extraction and chemical analysis:



(a) Opium, opiate, and any derivative, of opium or opiate, including

their isomers, esters, ethers, salts, and salts of isomers, esters, and

ethers, whenever the existence of the isomers, esters, ethers, and salts is

possible within the specific chemical designation. The term does not include

the isoquinoline alkaloids of opium;







(b) Coca leaves, but not including extracts of coca leaves from which

cocaine, ecgonine, and derivatives of ecgonine or their salts have been

removed;



(c) Cocaine or any salt, isomer, or salt of isomer thereof;



(d) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof;



(e) Any compound, mixture, or preparation containing any quantity of any

substance referred to in paragraphs (a) to (d) of this subdivision;







(27) "Official written order", an order written on a form provided for

that purpose by the United States Commissioner of Narcotics, under any laws

of the United States making provision therefor, if such order forms are

authorized and required by federal law, and if no such order form is provided,

then on an official form provided for that purpose by the department of

health and senior services;



(28) "Opiate", any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of

conversion into a drug having addiction-forming or addiction-sustaining

liability. The term includes its racemic and levorotatory forms. It does not

include, unless specifically controlled under section 195.017, the

dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts

(dextromethorphan);



(29) "Opium poppy", the plant of the species Papaver somniferum L.,

except its seeds;



(30) "Over-the-counter sale", a retail sale licensed pursuant to chapter

144 of a drug other than a controlled substance;



(31) "Person", an individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, partnership, joint

venture, association, or any other legal or commercial entity;



(32) "Pharmacist", a licensed pharmacist as defined by the laws of this

state, and where the context so requires, the owner of a store or other place

of business where controlled substances are compounded or dispensed by a

licensed pharmacist; but nothing in sections 195.005 to 195.425 shall be

construed as conferring on a person who is not registered nor licensed as a

pharmacist any authority, right or privilege that is not granted to him by

the pharmacy laws of this state;



(33) "Poppy straw", all parts, except the seeds, of the opium poppy,

after mowing;



(34) "Possessed" or "possessing a controlled substance", a person, with

the knowledge of the presence and nature of a substance, has actual or

constructive possession of the substance. A person has actual possession if

he has the substance on his person or within easy reach and convenient

control. A person who, although not in actual possession, has the power and

the intention at a given time to exercise dominion or control over the

substance either directly or through another person or persons is in

constructive possession of it. Possession may also be sole or joint. If one

person alone has possession of a substance possession is sole. If two or

more persons share possession of a substance, possession is joint;



(35) "Practitioner", a physician, dentist, optometrist, podiatrist,

veterinarian, scientific investigator, pharmacy, hospital or other person

licensed, registered or otherwise permitted by this state to distribute,

dispense, conduct research with respect to or administer or to use in

teaching or chemical analysis, a controlled substance in the course of

professional practice or research in this state, or a pharmacy, hospital or

other institution licensed, registered, or otherwise permitted to distribute,

dispense, conduct research with respect to or administer a controlled

substance in the course of professional practice or research;



(36) "Production", includes the manufacture, planting, cultivation,

growing, or harvesting of drug paraphernalia or of a controlled substance or

an imitation controlled substance;



(37) "Registry number", the number assigned to each person registered

under the federal controlled substances laws;



(38) "Sale", includes barter, exchange, or gift, or offer therefor, and

each such transaction made by any person, whether as principal, proprietor,

agent, servant or employee;



(39) "State" when applied to a part of the United States, includes any

state, district, commonwealth, territory, insular possession thereof, and any

area subject to the legal authority of the United States of America;



(40) "Ultimate user", a person who lawfully possesses a controlled

substance or an imitation controlled substance for his own use or for the use

of a member of his household or for administering to an animal owned by him or

by a member of his household;



(41) "Wholesaler", a person who supplies drug paraphernalia or controlled

substances or imitation controlled substances that he himself has not

produced or prepared, on official written orders, but not on prescriptions.







1998



195.010. The following words and phrases as used in sections 195.005

to 195.425, unless the context otherwise requires, mean:



(1) "Addict", a person who habitually uses one or more controlled

substances to such an extent as to create a tolerance for such drugs, and

who does not have a medical need for such drugs, or who is so far addicted

to the use of such drugs as to have lost the power of self-control with

reference to his addiction;



(2) "Administer", to apply a controlled substance, whether by

injection, inhalation, ingestion, or any other means, directly to the body

of a patient or research subject by:



(a) A practitioner (or, in his presence, by his authorized agent); or



(b) The patient or research subject at the direction and in the

presence of the practitioner;



(3) "Agent", an authorized person who acts on behalf of or at the

direction of a manufacturer, distributor, or dispenser. The term does not

include a common or contract carrier, public warehouseman, or employee of

the carrier or warehouseman while acting in the usual and lawful course of

the carrier's or warehouseman's business;



(4) "Attorney for the state", any prosecuting attorney, circuit

attorney, or attorney general authorized to investigate, commence and

prosecute an action under sections 195.005 to 195.425;



(5) "Controlled substance", a drug, substance, or immediate precursor

in Schedules I through V listed in *sections 195.005 to 195.425;



(6) "Controlled substance analogue", a substance the chemical

structure of which is substantially similar to the chemical structure of a

controlled substance in Schedule I or II and:



(a) Which has a stimulant, depressant, or hallucinogenic effect on

the central nervous system substantially similar to the stimulant,

depressant, or hallucinogenic effect on the central nervous system of a

controlled substance included in Schedule I or II; or



(b) With respect to a particular individual, which that individual

represents or intends to have a stimulant, depressant, or hallucinogenic

effect on the central nervous system substantially similar to the

stimulant, depressant, or hallucinogenic effect on the central nervous

system of a controlled substance included in Schedule I or II. The term

does not include a controlled substance; any substance for which there is

an approved new drug application; any substance for which an exemption is

in effect for investigational use, for a particular person, under Section

505 of the federal Food, Drug and Cosmetic Act (21 U.S.C. 355) to the

extent conduct with respect to the substance is pursuant to the exemption;

or any substance to the extent not intended for human consumption before

such an exemption takes effect with respect to the substance;



(7) "Counterfeit substance", a controlled substance which, or the

container or labeling of which, without authorization, bears the trademark,

trade name, or other identifying mark, imprint, number or device, or any

likeness thereof, of a manufacturer, distributor, or dispenser other than

the person who in fact manufactured, distributed, or dispensed the

substance;



(8) "Deliver" or "delivery", the actual, constructive, or attempted

transfer from one person to another of drug paraphernalia or of a

controlled substance, or an imitation controlled substance, whether or not

there is an agency relationship, and includes a sale;



(9) "Dentist", a person authorized by law to practice dentistry in

this state;



(10) "Depressant or stimulant substance":



(a) A drug containing any quantity of barbituric acid or any of the

salts of barbituric acid or any derivative of barbituric acid which has

been designated by the United States Secretary of Health and Human Services

as habit forming under 21 U.S.C. 352(d);



(b) A drug containing any quantity of:



a. Amphetamine or any of its isomers;



b. Any salt of amphetamine or any salt of an isomer of amphetamine;

or



c. Any substance the United States Attorney General, after

investigation, has found to be, and by regulation designated as, habit

forming because of its stimulant effect on the central nervous system;



(c) Lysergic acid diethylamide; or



(d) Any drug containing any quantity of a substance that the United

States Attorney General, after investigation, has found to have, and by

regulation designated as having, a potential for abuse because of its

depressant or stimulant effect on the central nervous system or its

hallucinogenic effect;



(11) "Dispense", to deliver a narcotic or controlled dangerous drug

to an ultimate user or research subject by or pursuant to the lawful order

of a practitioner including the prescribing, administering, packaging,

labeling, or compounding necessary to prepare the substance for such

delivery. "Dispenser" means a practitioner who dispenses;



(12) "Distribute", to deliver other than by administering or

dispensing a controlled substance;



(13) "Distributor", a person who distributes;



(14) "Drug":



(a) Substances recognized as drugs in the official United States

Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, or

Official National Formulary, or any supplement to any of them;



(b) Substances intended for use in the diagnosis, cure, mitigation,

treatment or prevention of disease in humans or animals;



(c) Substances, other than food, intended to affect the structure or

any function of the body of humans or animals; and



(d) Substances intended for use as a component of any article

specified in this subdivision. It does not include devices or their

components, parts or accessories;



(15) "Drug-dependent person", a person who is using a controlled

substance and who is in a state of psychic or physical dependence, or both,

arising from the use of such substance on a continuous basis. Drug

dependence is characterized by behavioral and other responses which include

a strong compulsion to take the substance on a continuous basis in order to

experience its psychic effects or to avoid the discomfort caused by its

absence;



(16) "Drug enforcement agency", the Drug Enforcement Administration

in the United States Department of Justice, or its successor agency;



(17) "Drug paraphernalia", all equipment, products and materials of

any kind which are used, intended for use, or designed for use, in

planting, propagating, cultivating, growing, harvesting, manufacturing,

compounding, converting, producing, processing, preparing, storing,

containing, concealing, injecting, ingesting, inhaling, or otherwise

introducing into the human body a controlled substance or an imitation

controlled substance in violation of sections 195.005 to 195.425. It

includes, but is not limited to:



(a) Kits used, intended for use, or designed for use in planting,

propagating, cultivating, growing or harvesting of any species of plant

which is a controlled substance or from which a controlled substance can be

derived;



(b) Kits used, intended for use, or designed for use in

manufacturing, compounding, converting, producing, processing, or preparing

controlled substances or imitation controlled substances;



(c) Isomerization devices used, intended for use, or designed for use

in increasing the potency of any species of plant which is a controlled

substance or an imitation controlled substance;



(d) Testing equipment used, intended for use, or designed for use in

identifying, or in analyzing the strength, effectiveness or purity of

controlled substances or imitation controlled substances;



(e) Scales and balances used, intended for use, or designed for use

in weighing or measuring controlled substances or imitation controlled

substances;



(f) Dilutents and adulterants, such as quinine hydrochloride,

mannitol, mannite, dextrose and lactose, used, intended for use, or

designed for use in cutting controlled substances or imitation controlled

substances;



(g) Separation gins and sifters used, intended for use, or designed

for use in removing twigs and seeds from, or in otherwise cleaning or

refining, marijuana;



(h) Blenders, bowls, containers, spoons and mixing devices used,

intended for use, or designed for use in compounding controlled substances

or imitation controlled substances;



(i) Capsules, balloons, envelopes and other containers used, intended

for use, or designed for use in packaging small quantities of controlled

substances or imitation controlled substances;



(j) Containers and other objects used, intended for use, or designed

for use in storing or concealing controlled substances or imitation

controlled substances;



(k) Hypodermic syringes, needles and other objects used, intended for

use, or designed for use in parenterally injecting controlled substances or

imitation controlled substances into the human body;



(l) Objects used, intended for use, or designed for use in ingesting,

inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish

oil into the human body, such as:



a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes

with or without screens, permanent screens, hashish heads, or punctured

metal bowls;



b. Water pipes;



c. Carburetion tubes and devices;



d. Smoking and carburetion masks;



e. Roach clips meaning objects used to hold burning material, such as

a marijuana cigarette, that has become too small or too short to be held in

the hand;



f. Miniature cocaine spoons and cocaine vials;



g. Chamber pipes;



h. Carburetor pipes;



i. Electric pipes;



j. Air-driven pipes;



k. Chillums;



l. Bongs;



m. Ice pipes or chillers;





In determining whether an object is drug paraphernalia, a court or other

authority should consider, in addition to all other logically relevant

factors, the following:



(a) Statements by an owner or by anyone in control of the object

concerning its use;



(b) Prior convictions, if any, of an owner, or of anyone in control

of the object, under any state or federal law relating to any controlled

substance or imitation controlled substance;



(c) The proximity of the object, in time and space, to a direct

violation of sections 195.005 to 195.425;



(d) The proximity of the object to controlled substances or imitation

controlled substances;



(e) The existence of any residue of controlled substances or

imitation controlled substances on the object;



(f) Direct or circumstantial evidence of the intent of an owner, or

of anyone in control of the object, to deliver it to persons who he knows,

or should reasonably know, intend to use the object to facilitate a

violation of sections 195.005 to 195.425; the innocence of an owner, or of

anyone in control of the object, as to direct violation of sections 195.005

to 195.425 shall not prevent a finding that the object is intended for use,

or designed for use as drug paraphernalia;



(g) Instructions, oral or written, provided with the object

concerning its use;



(h) Descriptive materials accompanying the object which explain or

depict its use;



(i) National or local advertising concerning its use;



(j) The manner in which the object is displayed for sale;



(k) Whether the owner, or anyone in control of the object, is a

legitimate supplier of like or related items to the community, such as a

licensed distributor or dealer of tobacco products;



(l) Direct or circumstantial evidence of the ratio of sales of the

object to the total sales of the business enterprise;



(m) The existence and scope of legitimate uses for the object in the

community;



(n) Expert testimony concerning its use;



(18) "Federal narcotic laws", the laws of the United States relating

to controlled substances;



(19) "Hospital", a place devoted primarily to the maintenance and

operation of facilities for the diagnosis, treatment or care, for not less

than twenty-four hours in any week, of three or more nonrelated individuals

suffering from illness, disease, injury, deformity or other abnormal

physical conditions; or a place devoted primarily to provide, for not less

than twenty-four consecutive hours in any week, medical or nursing care for

three or more nonrelated individuals. The term "hospital" does not include

convalescent, nursing, shelter or boarding homes as defined in chapter 198,

RSMo;



(20) "Immediate precursor", a substance which:



(a) The state department of health has found to be and by rule

designates as being the principal compound commonly used or produced

primarily for use in the manufacture of a controlled substance;



(b) Is an immediate chemical intermediary used or likely to be used

in the manufacture of a controlled substance; and



(c) The control of which is necessary to prevent, curtail or limit

the manufacture of the controlled substance;



(21) "Imitation controlled substance", a substance that is not a

controlled substance, which by dosage unit appearance (including color,

shape, size and markings), or by representations made, would lead a

reasonable person to believe that the substance is a controlled substance.

In determining whether the substance is an "imitation controlled substance"

the court or authority concerned should consider, in addition to all other

logically relevant factors, the following:



(a) Whether the substance was approved by the federal Food and Drug

Administration for over-the-counter (nonprescription or nonlegend) sales

and was sold in the federal Food and Drug Administration approved package,

with the federal Food and Drug Administration approved labeling

information;



(b) Statements made by an owner or by anyone else in control of the

substance concerning the nature of the substance, or its use or effect;



(c) Whether the substance is packaged in a manner normally used for

illicit controlled substances;



(d) Prior convictions, if any, of an owner, or anyone in control of

the object, under state or federal law related to controlled substances or

fraud;



(e) The proximity of the substances to controlled substances;



(f) Whether the consideration tendered in exchange for the

noncontrolled substance substantially exceeds the reasonable value of the

substance considering the actual chemical composition of the substance and,

where applicable, the price at which over-the-counter substances of like

chemical composition sell. An imitation controlled substance does not

include a placebo or registered investigational drug either of which was

manufactured, distributed, possessed or delivered in the ordinary course of

professional practice or research;



(22) "Laboratory", a laboratory approved by the department of health

as proper to be entrusted with the custody of controlled substances but

does not include a pharmacist who compounds controlled substances to be

sold or dispensed on prescriptions;



(23) "Manufacture", the production, preparation, propagation,

compounding or processing of drug paraphernalia or of a controlled

substance, or an imitation controlled substance, either directly or by

extraction from substances of natural origin, or independently by means of

chemical synthesis, or by a combination of extraction and chemical

synthesis, and includes any packaging or repackaging of the substance or

labeling or relabeling of its container. This term does not include the

preparation or compounding of a controlled substance or an imitation

controlled substance or the preparation, compounding, packaging or labeling

of a narcotic or dangerous drug:



(a) By a practitioner as an incident to his administering or

dispensing of a controlled substance or an imitation controlled substance

in the course of his professional practice, or



(b) By a practitioner or his authorized agent under his supervision,

for the purpose of, or as an incident to, research, teaching or chemical

analysis and not for sale;



(24) "Marijuana", all parts of the plant genus Cannabis in any

species or form thereof, including, but not limited to Cannabis Sativa L.,

Cannabis Indica, Cannabis Americana, Cannabis Ruderalis, and Cannabis

Gigantea, whether growing or not, the seeds thereof, the resin extracted

from any part of the plant; and every compound, manufacture, salt,

derivative, mixture, or preparation of the plant, its seeds or resin. It

does not include the mature stalks of the plant, fiber produced from the

stalks, oil or cake made from the seeds of the plant, any other compound,

manufacture, salt, derivative, mixture or preparation of the mature stalks

(except the resin extracted therefrom), fiber, oil or cake, or the

sterilized seed of the plant which is incapable of germination;



(25) "Narcotic drug", any of the following, whether produced directly

or indirectly by extraction from substances of vegetable origin, or

independently by means of chemical synthesis, or by a combination of

extraction and chemical analysis:



(a) Opium, opiate, and any derivative, of opium or opiate, including

their isomers, esters, ethers, salts, and salts of isomers, esters, and

ethers, whenever the existence of the isomers, esters, ethers, and salts is

possible within the specific chemical designation. The term does not

include the isoquinoline alkaloids of opium;



(b) Coca leaves, but not including extracts of coca leaves from which

cocaine, ecgonine, and derivatives of ecgonine or their salts have been

removed;



(c) Cocaine or any salt, isomer, or salt of isomer thereof;



(d) Ecgonine, or any derivative, salt, isomer, or salt of isomer

thereof;



(e) Any compound, mixture, or preparation containing any quantity of

any substance referred to in paragraphs (a) to (d) of this subdivision;



(26) "Official written order", an order written on a form provided

for that purpose by the United States Commissioner of Narcotics, under any

laws of the United States making provision therefor, if such order forms

are authorized and required by federal law, and if no such order form is

provided, then on an official form provided for that purpose by the

department of health;



(27) "Opiate", any substance having an addiction-forming or

addiction-sustaining liability similar to morphine or being capable of

conversion into a drug having addiction-forming or addiction-sustaining

liability. The term includes its racemic and levorotatory forms. It does

not include, unless specifically controlled under section 195.017, the

dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its salts

(dextromethorphan);



(28) "Opium poppy", the plant of the species Papaver somniferum L.,

except its seeds;



(29) "Person", an individual, corporation, government or governmental

subdivision or agency, business trust, estate, trust, partnership, joint

venture, association, or any other legal or commercial entity;



(30) "Pharmacist", a licensed pharmacist as defined by the laws of

this state, and where the context so requires, the owner of a store or

other place of business where controlled substances are compounded or

dispensed by a licensed pharmacist; but nothing in sections 195.005 to

195.425 shall be construed as conferring on a person who is not registered

nor licensed as a pharmacist any authority, right or privilege that is not

granted to him by the pharmacy laws of this state;



(31) "Poppy straw", all parts, except the seeds, of the opium poppy,

after mowing;



(32) "Possessed" or "possessing a controlled substance", a person,

with the knowledge of the presence and nature of a substance, has actual or

constructive possession of the substance. A person has actual possession

if he has the substance on his person or within easy reach and convenient

control. A person who, although not in actual possession, has the power

and the intention at a given time to exercise dominion or control over the

substance either directly or through another person or persons is in

constructive possession of it. Possession may also be sole or joint. If

one person alone has possession of a substance possession is sole. If two

or more persons share possession of a substance, possession is joint;



(33) "Practitioner", a physician, dentist, optometrist, podiatrist,

veterinarian, scientific investigator, pharmacy, hospital or other person

licensed, registered or otherwise permitted by this state to distribute,

dispense, conduct research with respect to or administer or to use in

teaching or chemical analysis, a controlled substance in the course of

professional practice or research in this state, or a pharmacy, hospital or

other institution licensed, registered, or otherwise permitted to

distribute, dispense, conduct research with respect to or administer a

controlled substance in the course of professional practice or research;



(34) "Production", includes the manufacture, planting, cultivation,

growing, or harvesting of drug paraphernalia or of a controlled substance

or an imitation controlled substance;



(35) "Registry number", the number assigned to each person registered

under the federal controlled substances laws;



(36) "Sale", includes barter, exchange, or gift, or offer therefor,

and each such transaction made by any person, whether as principal,

proprietor, agent, servant or employee;



(37) "State" when applied to a part of the United States, includes

any state, district, commonwealth, territory, insular possession thereof,

and any area subject to the legal authority of the United States of

America;



(38) "Ultimate user", a person who lawfully possesses a controlled

substance or an imitation controlled substance for his own use or for the

use of a member of his household or for administering to an animal owned by

him or by a member of his household;



(39) "Wholesaler", a person who supplies drug paraphernalia or

controlled substances or imitation controlled substances that he himself

has not produced or prepared, on official written orders, but not on

prescriptions.



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