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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