Text of MO HB 2704 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 2704 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE HICKS. 5400H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal sections 143.121, 195.017, 195.815, 362.105, 369.144, 370.070, 579.015, 579.020, 579.030, 579.055, 579.065, 579.068, and 579.105, RSMo, and to enact in lieu thereof forty-five new sections relating to marijuana, with penalty provisions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Sections 143.121, 195.017, 195.815, 362.105, 369.144, 370.070, 579.015, 2 579.020, 579.030, 579.055, 579.065, 579.068, and 579.105, RSMo, are repealed and forty- 3 five new sections enacted in lieu thereof, to be known as sections 143.121, 143.2200, 4 191.255, 195.006, 195.017, 195.815, 196.1173, 196.3000, 196.3003, 196.3006, 196.3009, 5 196.3012, 196.3015, 196.3018, 196.3021, 196.3024, 196.3027, 196.3029, 196.3030, 6 196.3031, 196.3032, 196.3033, 196.3036, 196.3039, 196.3042, 196.3045, 196.3048, 7 362.033, 362.105, 369.144, 369.326, 370.064, 370.070, 487.205, 544.186, 557.059, 8 559.023, 579.015, 579.020, 579.030, 579.055, 579.065, 579.068, 579.105, and 610.135, to 9 read as follows: 143.121. 1. The Missouri adjusted gross income of a resident individual shall be the 2 taxpayer's federal adjusted gross income subject to the modifications in this section. 3 2. There shall be added to the taxpayer's federal adjusted gross income: 4 (1) The amount of any federal income tax refund received for a prior year which 5 resulted in a Missouri income tax benefit. The amount added pursuant to this subdivision 6 shall not include any amount of a federal income tax refund attributable to a tax credit 7 reducing a taxpayer's federal tax liability pursuant to Public Law 116-136 or 116-260, enacted 8 by the 116th United States Congress, for the tax year beginning on or after January 1, 2020, 9 and ending on or before December 31, 2020, and deducted from Missouri adjusted gross EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 10 income pursuant to section 143.171. The amount added under this subdivision shall also not 11 include any amount of a federal income tax refund attributable to a tax credit reducing a 12 taxpayer's federal tax liability under any other federal law that provides direct economic 13 impact payments to taxpayers to mitigate financial challenges related to the COVID-19 14 pandemic, and deducted from Missouri adjusted gross income under section 143.171; 15 (2) Interest on certain governmental obligations excluded from federal gross income 16 by 26 U.S.C. Section 103 of the Internal Revenue Code, as amended. The previous sentence 17 shall not apply to interest on obligations of the state of Missouri or any of its political 18 subdivisions or authorities and shall not apply to the interest described in subdivision (1) of 19 subsection 3 of this section. The amount added pursuant to this subdivision shall be reduced 20 by the amounts applicable to such interest that would have been deductible in computing the 21 taxable income of the taxpayer except only for the application of 26 U.S.C. Section 265 of the 22 Internal Revenue Code, as amended. The reduction shall only be made if it is at least five 23 hundred dollars; 24 (3) The amount of any deduction that is included in the computation of federal 25 taxable income pursuant to 26 U.S.C. Section 168 of the Internal Revenue Code as amended 26 by the Job Creation and Worker Assistance Act of 2002 to the extent the amount deducted 27 relates to property purchased on or after July 1, 2002, but before July 1, 2003, and to the 28 extent the amount deducted exceeds the amount that would have been deductible pursuant to 29 26 U.S.C. Section 168 of the Internal Revenue Code of 1986 as in effect on January 1, 2002; 30 (4) The amount of any deduction that is included in the computation of federal 31 taxable income for net operating loss allowed by 26 U.S.C. Section 172 of the Internal 32 Revenue Code of 1986, as amended, other than the deduction allowed by 26 U.S.C. Section 33 172(b)(1)(G) and 26 U.S.C. Section 172(i) of the Internal Revenue Code of 1986, as 34 amended, for a net operating loss the taxpayer claims in the tax year in which the net 35 operating loss occurred or carries forward for a period of more than twenty years and carries 36 backward for more than two years. Any amount of net operating loss taken against federal 37 taxable income but disallowed for Missouri income tax purposes pursuant to this subdivision 38 after June 18, 2002, may be carried forward and taken against any income on the Missouri 39 income tax return for a period of not more than twenty years from the year of the initial loss; 40 and 41 (5) For nonresident individuals in all taxable years ending on or after December 31, 42 2006, the amount of any property taxes paid to another state or a political subdivision of 43 another state for which a deduction was allowed on such nonresident's federal return in the 44 taxable year unless such state, political subdivision of a state, or the District of Columbia 45 allows a subtraction from income for property taxes paid to this state for purposes of HB 2704 2 46 calculating income for the income tax for such state, political subdivision of a state, or the 47 District of Columbia; 48 (6) For all tax years beginning on or after January 1, 2018, any interest expense paid 49 or accrued in a previous taxable year, but allowed as a deduction under 26 U.S.C. Section 50 163, as amended, in the current taxable year by reason of the carryforward of disallowed 51 business interest provisions of 26 U.S.C. Section 163(j), as amended. For the purposes of this 52 subdivision, an interest expense is considered paid or accrued only in the first taxable year the 53 deduction would have been allowable under 26 U.S.C. Section 163, as amended, if the 54 limitation under 26 U.S.C. Section 163(j), as amended, did not exist. 55 3. There shall be subtracted from the taxpayer's federal adjusted gross income the 56 following amounts to the extent included in federal adjusted gross income: 57 (1) Interest received on deposits held at a federal reserve bank or interest or dividends 58 on obligations of the United States and its territories and possessions or of any authority, 59 commission or instrumentality of the United States to the extent exempt from Missouri 60 income taxes pursuant to the laws of the United States. The amount subtracted pursuant to 61 this subdivision shall be reduced by any interest on indebtedness incurred to carry the 62 described obligations or securities and by any expenses incurred in the production of interest 63 or dividend income described in this subdivision. The reduction in the previous sentence 64 shall only apply to the extent that such expenses including amortizable bond premiums are 65 deducted in determining the taxpayer's federal adjusted gross income or included in the 66 taxpayer's Missouri itemized deduction. The reduction shall only be made if the expenses 67 total at least five hundred dollars; 68 (2) The portion of any gain, from the sale or other disposition of property having a 69 higher adjusted basis to the taxpayer for Missouri income tax purposes than for federal 70 income tax purposes on December 31, 1972, that does not exceed such difference in basis. If 71 a gain is considered a long-term capital gain for federal income tax purposes, the modification 72 shall be limited to one-half of such portion of the gain; 73 (3) The amount necessary to prevent the taxation pursuant to this chapter of any 74 annuity or other amount of income or gain which was properly included in income or gain and 75 was taxed pursuant to the laws of Missouri for a taxable year prior to January 1, 1973, to the 76 taxpayer, or to a decedent by reason of whose death the taxpayer acquired the right to receive 77 the income or gain, or to a trust or estate from which the taxpayer received the income or 78 gain; 79 (4) Accumulation distributions received by a taxpayer as a beneficiary of a trust to the 80 extent that the same are included in federal adjusted gross income; 81 (5) The amount of any state income tax refund for a prior year which was included in 82 the federal adjusted gross income; HB 2704 3 83 (6) The portion of capital gain specified in section 135.357 that would otherwise be 84 included in federal adjusted gross income; 85 (7) The amount that would have been deducted in the computation of federal taxable 86 income pursuant to 26 U.S.C. Section 168 of the Internal Revenue Code as in effect on 87 January 1, 2002, to the extent that amount relates to property purchased on or after July 1, 88 2002, but before July 1, 2003, and to the extent that amount exceeds the amount actually 89 deducted pursuant to 26 U.S.C. Section 168 of the Internal Revenue Code as amended by the 90 Job Creation and Worker Assistance Act of 2002; 91 (8) For all tax years beginning on or after January 1, 2005, the amount of any income 92 received for military service while the taxpayer serves in a combat zone which is included in 93 federal adjusted gross income and not otherwise excluded therefrom. As used in this section, 94 "combat zone" means any area which the President of the United States by Executive Order 95 designates as an area in which Armed Forces of the United States are or have engaged in 96 combat. Service is performed in a combat zone only if performed on or after the date 97 designated by the President by Executive Order as the date of the commencing of combat 98 activities in such zone, and on or before the date designated by the President by Executive 99 Order as the date of the termination of combatant activities in such zone; 100 (9) For all tax years ending on or after July 1, 2002, with respect to qualified property 101 that is sold or otherwise disposed of during a taxable year by a taxpayer and for which an 102 additional modification was made under subdivision (3) of subsection 2 of this section, the 103 amount by which additional modification made under subdivision (3) of subsection 2 of this 104 section on qualified property has not been recovered through the additional subtractions 105 provided in subdivision (7) of this subsection; 106 (10) For all tax years beginning on or after January 1, 2014, the amount of any 107 income received as payment from any program which provides compensation to agricultural 108 producers who have suffered a loss as the result of a disaster or emergency, including the: 109 (a) Livestock Forage Disaster Program; 110 (b) Livestock Indemnity Program; 111 (c) Emergency Assistance for Livestock, Honeybees, and Farm-Raised Fish; 112 (d) Emergency Conservation Program; 113 (e) Noninsured Crop Disaster Assistance Program; 114 (f) Pasture, Rangeland, Forage Pilot Insurance Program; 115 (g) Annual Forage Pilot Program; 116 (h) Livestock Risk Protection Insurance Plan; 117 (i) Livestock Gross Margin Insurance Plan; 118 (11) For all tax years beginning on or after January 1, 2018, any interest expense paid 119 or accrued in the current taxable year, but not deducted as a result of the limitation imposed HB 2704 4 120 under 26 U.S.C. Section 163(j), as amended. For the purposes of this subdivision, an interest 121 expense is considered paid or accrued only in the first taxable year the deduction would have 122 been allowable under 26 U.S.C. Section 163, as amended, if the limitation under 26 U.S.C. 123 Section 163(j), as amended, did not exist; [and] 124 (12) One hundred percent of any retirement benefits received by any taxpayer as a 125 result of the taxpayer's service in the Armed Forces of the United States, including reserve 126 components and the National Guard of this state, as defined in 32 U.S.C. Sections 101(3) and 127 109, and any other military force organized under the laws of this state; and 128 (13) For taxpayers authorized to conduct business under Article XIV of the 129 Constitution of Missouri or sections 196.3000 to 196.3048, the amount that would have 130 been deducted from the computation of the taxpayer's federal taxable income if such a 131 deduction were not disallowed under 26 U.S.C. Section 280E, as in effect on January 1, 132 2022, because of the status of marijuana as a controlled substance under federal law. 133 4. There shall be added to or subtracted from the taxpayer's federal adjusted gross 134 income the taxpayer's share of the Missouri fiduciary adjustment provided in section 143.351. 135 5. There shall be added to or subtracted from the taxpayer's federal adjusted gross 136 income the modifications provided in section 143.411. 137 6. In addition to the modifications to a taxpayer's federal adjusted gross income in this 138 section, to calculate Missouri adjusted gross income there shall be subtracted from the 139 taxpayer's federal adjusted gross income any gain recognized pursuant to 26 U.S.C. Section 140 1033 of the Internal Revenue Code of 1986, as amended, arising from compulsory or 141 involuntary conversion of property as a result of condemnation or the imminence thereof. 142 7. (1) As used in this subsection, "qualified health insurance premium" means the 143 amount paid during the tax year by such taxpayer for any insurance policy primarily 144 providing health care coverage for the taxpayer, the taxpayer's spouse, or the taxpayer's 145 dependents. 146 (2) In addition to the subtractions in subsection 3 of this section, one hundred percent 147 of the amount of qualified health insurance premiums shall be subtracted from the taxpayer's 148 federal adjusted gross income to the extent the amount paid for such premiums is included in 149 federal taxable income. The taxpayer shall provide the department of revenue with proof of 150 the amount of qualified health insurance premiums paid. 151 8. (1) Beginning January 1, 2014, in addition to the subtractions provided in this 152 section, one hundred percent of the cost incurred by a taxpayer for a home energy audit 153 conducted by an entity certified by the department of natural resources under section 640.153 154 or the implementation of any energy efficiency recommendations made in such an audit shall 155 be subtracted from the taxpayer's federal adjusted gross income to the extent the amount paid 156 for any such activity is included in federal taxable income. The taxpayer shall provide the HB 2704 5 157 department of revenue with a summary of any recommendations made in a qualified home 158 energy audit, the name and certification number of the qualified home energy auditor who 159 conducted the audit, and proof of the amount paid for any activities under this subsection for 160 which a deduction is claimed. The taxpayer shall also provide a copy of the summary of any 161 recommendations made in a qualified home energy audit to the department of natural 162 resources. 163 (2) At no time shall a deduction claimed under this subsection by an individual 164 taxpayer or taxpayers filing combined returns exceed one thousand dollars per year for 165 individual taxpayers or cumulatively exceed two thousand dollars per year for taxpayers 166 filing combined returns. 167 (3) Any deduction claimed under this subsection shall be claimed for the tax year in 168 which the qualified home energy audit was conducted or in which the implementation of the 169 energy efficiency recommendations occurred. If implementation of the energy efficiency 170 recommendations occurred during more than one year, the deduction may be claimed in more 171 than one year, subject to the limitations provided under subdivision (2) of this subsection. 172 (4) A deduction shall not be claimed for any otherwise eligible activity under this 173 subsection if such activity qualified for and received any rebate or other incentive through a 174 state-sponsored energy program or through an electric corporation, gas corporation, electric 175 cooperative, or municipally owned utility. 176 9. The provisions of subsection 8 of this section shall expire on December 31, 2020. 143.2200. 1. As used in this section, the following terms mean: 2 (1) "Deduction", an amount subtracted from a taxpayer's Missouri adjusted 3 gross income to determine the taxpayer's Missouri taxable income for a given tax year; 4 (2) "Qualified amount", the amount spent by a taxpayer in a given tax year on a 5 license application fee required under Article XIV, Section 1 of the Constitution of 6 Missouri, up to the amount expended for such fee; 7 (3) "Qualified taxpayer", any individual with an income tax liability under 8 chapter 143, excluding the withholding tax imposed by sections 143.191 to 143.265, who 9 incurred a license application fee required under Article XIV, Section 1 of the 10 Constitution of Missouri but was denied such license. 11 2. For all tax years beginning on or after January 1, 2023, in addition to all other 12 deductions and modifications allowed by law, a qualified taxpayer shall be allowed a 13 deduction from the taxpayer's Missouri adjusted gross income in an amount equal to 14 the taxpayer's qualified amount. 15 3. The department of revenue shall promulgate all necessary rules and 16 regulations for the administration of this section including, but not limited to, rules 17 relating to the verification of a taxpayer's qualified amount. Any rule or portion of a HB 2704 6 18 rule, as that term is defined in section 536.010, that is created under the authority 19 delegated in this section shall become effective only if it complies with and is subject to 20 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and 21 chapter 536 are nonseverable, and if any of the powers vested with the general assembly 22 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 23 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 24 and any rule proposed or adopted after August 28, 2022, shall be invalid and void. 25 4. Under section 23.253 of the Missouri sunset act: 26 (1) The provisions of the new program authorized under this section shall 27 automatically sunset six years after the effective date of this section unless reauthorized 28 by an act of the general assembly; and 29 (2) If such a program is reauthorized, the program authorized under this section 30 shall automatically sunset twelve years after the effective date of the reauthorization of 31 this section; and 32 (3) This section shall terminate on September first of the calendar year 33 immediately following the calendar year in which the program authorized under this 34 section is sunset. 191.255. 1. Notwithstanding any other provision of law to the contrary, no state 2 agency, including employees therein, shall disclose to the federal government, any 3 federal government employee, or any unauthorized third party the statewide list or any 4 individual information of persons who have applied for or obtained a qualifying patient 5 identification card, a qualifying patient cultivation identification card, or a primary 6 caregiver identification card, as those cards are described in Article XIV, Section 1 of 7 the Constitution of Missouri relating to the right to access medical marijuana. 8 2. Any violation of this section is a class E felony. 195.006. Notwithstanding any provision under this chapter or any other 2 provision of law, beginning August 28, 2022, marijuana shall no longer be listed among 3 Missouri's drug schedules and shall no longer be considered a controlled substance or a 4 drug. 195.017. 1. The department of health and senior services shall place a substance in 2 Schedule I if it finds that the substance: 3 (1) Has high potential for abuse; and 4 (2) Has no accepted medical use in treatment in the United States or lacks accepted 5 safety for use in treatment under medical supervision. 6 2. Schedule I: 7 (1) The controlled substances listed in this subsection are included in Schedule I; HB 2704 7 8 (2) Any of the following opiates, including their isomers, esters, ethers, salts, and 9 salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of 10 these isomers, esters, ethers and salts is possible within the specific chemical designation: 11 (a) Acetyl-alpha-methylfentanyl (N-(1-(1-methyl-2-phenethyl)-4-piperidinyl)-N- 12 phenylacetamide); 13 (b) Acetylmethadol; 14 (c) Acetyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); 15 (d) Acryl fentanyl (-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide); 16 (e) AH-7921(3,4-dichloro-N-[(1-dimethylamino) cyclohexylmethyl] benzamide); 17 (f) Allylprodine; 18 (g) Alphacetylmethadol (except levoalphacetylmethadol, also known as levo-alpha- 19 acetylmethadol levothadyl acetate or LAAM); 20 (h) Alphameprodine; 21 (i) Alphamethadol; 22 (j) Alpha-methylfentanyl (N-1-(alphamethyl-beta-phenyl) ethyl-4-piperidyl) 23 propionanilide; 1-(1-methyl-2-phenylethyl)-4 ((N-propanilido) piperidine); 24 (k) Alpha-methylthiofentanyl (N-(1-methyl-2-(2-thienyl) ethyl-4-piperidinyl)-N- 25 phenylpropanamide); 26 (l) Benzethidine; 27 (m) Betacetylmethadol; 28 (n) Beta-hydroxyfentanyl (N-(1-(2-hydroxy-2-phenethyl)-4-piperidinyl)-N- 29 phenylpropanamide); 30 (o) Beta-hydroxy-3-methylfentanyl (N-(1-(2-hydroxy-2-phenethyl)-3-methyl-4- 31 piperidinyl)-N-phenylpropanamide); 32 (p) Betameprodine; 33 (q) Betamethadol; 34 (r) Betaprodine; 35 (s) Clonitazene; 36 (t) Dextromoramide; 37 (u) Diampromide; 38 (v) Cyclopropyl fentanyl; 39 (w) Diethylthiambutene; 40 (x) Difenoxin; 41 (y) Dimenoxadol; 42 (z) Dimepheptanol; 43 (aa) Dimethylthiambutene; 44 (bb) Dioxaphetyl butyrate; HB 2704 8 45 (cc) Dipipanone; 46 (dd) Ethylmethylthiambutene; 47 (ee) Etonitazene; 48 (ff) Etoxeridine; 49 (gg) 4-fluoroisobutyryl fentanyl -(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl) 50 isobutyramide; 51 (hh) Furanyl fentanyl -(1-phenethylpiperidin-4-yl)-N-phenylfuran-2-carboxamide; 52 (ii) Furethidine; 53 (jj) Hydroxypethidine; 54 (kk) Ketobemidone; 55 (ll) Levomoramide; 56 (mm) Levophenacylmorphan; 57 (nn) 3-Methylfentanyl (N-(3-methyl-1-(2-phenylethyl)-4-piperidyl)-N- 58 phenylproanamide), its optical and geometric isomers, salts, and salts of isomers; 59 (oo) 3-Methylthiofentanyl (N-((3-methyl-1-(2-thienyl)ethyl-4-piperidinyl)-N- 60 phenylpropanamide); 61 (pp) Methoxyacetyl fentanyl (2-methoxy-N-(1-phenethylpiperidin-4-yl)-N- 62 phenylacetamide); 63 (qq) Morpheridine; 64 (rr) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); 65 (ss) MT-45(1-cyclohexyl-4-(1,2-diphenylethyl) piperazine); 66 (tt) Noracymethadol; 67 (uu) Norlevorphanol; 68 (vv) Normethadone; 69 (ww) Norpipanone; 70 (xx) Ocfentanil N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl) 71 acetamide; 72 (yy) Ortho-fluorofentanyl (N-2-(1-phenethylpiperidin-yl)propionamide); other name 73 2-fluorofentanyl; 74 (zz) para-fluorobutyryl fentanyl (N-4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl) 75 butyramide; 76 (aaa) Para-fluorofentanyl (N-(4-fluorophenyl)-N-(1-(2-phenethyl)-4-piperidinyl) 77 propanamide); 78 (bbb) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine); 79 (ccc) Phenadoxone; 80 (ddd) Phenampromide; 81 (eee) Phenomorphan; HB 2704 9 82 (fff) Phenoperidine; 83 (ggg) Piritramide; 84 (hhh) Proheptazine; 85 (iii) Properidine; 86 (jjj) Propiram; 87 (kkk) Racemoramide; 88 (lll) Tetrahydrofuranyl fentanyl (N-(1-phenethylpiperidin-4-yl)-N- 89 phenyltetrahydrofuran-2-carboxamide); 90 (mmm) Thiofentanyl (-phenyl-N-(1-(2-thienyl)ethyl-4-piperidinyl)-propanamide); 91 (nnn) Tilidine; 92 (ooo) Trimeperidine; 93 (3) Any of the following opium derivatives, their salts, isomers and salts of isomers 94 unless specifically excepted, whenever the existence of these salts, isomers and salts of 95 isomers is possible within the specific chemical designation: 96 (a) Acetorphine; 97 (b) Acetyldihydrocodeine; 98 (c) Benzylmorphine; 99 (d) Codeine methylbromide; 100 (e) Codeine-N-Oxide; 101 (f) Cyprenorphine; 102 (g) Desomorphine; 103 (h) Dihydromorphine; 104 (i) Drotebanol; 105 (j) Etorphine (except hydrochloride salt); 106 (k) Heroin; 107 (l) Hydromorphinol; 108 (m) Methyldesorphine; 109 (n) Methyldihydromorphine; 110 (o) Morphine methylbromide; 111 (p) Morphine methylsulfonate; 112 (q) Morphine-N-Oxide; 113 (r) Myrophine; 114 (s) Nicocodeine; 115 (t) Nicomorphine; 116 (u) Normorphine; 117 (v) Pholcodine; 118 (w) Thebacon; HB 2704 10 119 (4) Any of the following opiate similar synthetic substances scheduled by the U.S. 120 Drug Enforcement Administration as substances that share a pharmacological profile similar 121 to fentanyl, morphine, and other synthetic opioids, unless specifically excepted or unless 122 listed in another schedule: 123 (a) Butyryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide); 124 (b) U-47700 (3,4-Dichloro-N-[2-(dimethylamino) cyclohexyl]–methyl benzamide). 125 (5) Any material, compound, mixture or preparation which contains any quantity of 126 the following hallucinogenic substances, their salts, isomers and salts of isomers, unless 127 specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is 128 possible within the specific chemical designation: 129 (a) Alpha-ethyltryptamine; 130 (b) 4-bromo-2,5-dimethoxyamphetamine; 131 (c) 4-bromo-2,5-dimethoxyphenethylamine; 132 (d) 2,5-dimethoxyamphetamine; 133 (e) 2,5-dimethoxy-4-ethylamphetamine; 134 (f) 2,5-dimethoxy-4-(n)-propylthiophenethylamine; 135 (g) 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine; 136 (h) 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine; 137 (i) 2-(2,5-Dimethoxy-4-methylphenyl) ethanamine; 138 (j) 2-(2,5-Dimethoxy-4-nitro-phenyl) ethanamine; 139 (k) 2-(2,5-Dimethoxyphenyl) ethanamine; 140 (l) 2-(4-Chloro-2,5-dimethoxyphenyl) ethanamine; 141 (m) 2-(4-Ethylthio-2,5-dimethoxyphenyl) ethanamine; 142 (n) 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine; 143 (o) 2-(4-(Isopropylthio)-2,5-dimethoxyphenyl) ethanamine; 144 (p) 4-methoxyamphetamine; 145 (q) 5-methoxy-3,4-methylenedioxyamphetamine; 146 (r) 4-methyl-2, 5-dimethoxyamphetamine; 147 (s) 3,4-methylenedioxyamphetamine; 148 (t) 3,4-methylenedioxymethamphetamine; 149 (u) 3,4-methylenedioxy-N-ethylamphetamine; 150 (v) N-hydroxy-3, 4-methylenedioxyamphetamine; 151 (w) 3,4,5-trimethoxyamphetamine; 152 (x) 5-MeO-DMT or 5-methoxy-N,N-dimethyltryptamine; 153 (y) Alpha-methyltryptamine; 154 (z) Bufotenine; 155 (aa) Diethyltryptamine; HB 2704 11 156 (bb) Dimethyltryptamine; 157 (cc) 5-methoxy-N,N-diisopropyltryptamine; 158 (dd) Ibogaine; 159 (ee) Lysergic acid diethylamide; 160 (ff) [Marijuana or marihuana, except industrial hemp; 161 (gg)] Mescaline; 162 [(hh) Parahexyl; 163 (ii)] (gg) Peyote, to include all parts of the plant presently classified botanically as 164 Lophophora williamsii Lemaire, whether growing or not; the seeds thereof; any extract from 165 any part of such plant; and every compound, manufacture, salt, derivative, mixture or 166 preparation of the plant, its seed or extracts; 167 [(jj)] (hh) N-ethyl-3-piperidyl benzilate; 168 [(kk)] (ii) N-methyl-3-piperidyl benzilate; 169 [(ll)] (jj) Psilocybin; 170 [(mm)] (kk) Psilocyn; 171 [(nn) Tetrahydrocannabinols naturally contained in a plant of the genus Cannabis 172 (cannabis plant), except industrial hemp, as well as synthetic equivalents of the substances 173 contained in the cannabis plant, or in the resinous extractives of such plant, or synthetic 174 substances, derivatives and their isomers, or both, with similar chemical structure and 175 pharmacological activity to those substances contained in the plant, such as the following: 176 a. 1 cis or trans tetrahydrocannabinol and their optical isomers; 177 b. 6 cis or trans tetrahydrocannabinol and their optical isomers; 178 c. 3,4 cis or trans tetrahydrocannabinol and their optical isomers; 179 d. Any compounds of these structures, regardless of numerical designation of atomic 180 positions covered; 181 (oo)] (ll) Ethylamine analog of phencyclidine; 182 [(pp)] (mm) Pyrrolidine analog of phencyclidine; 183 [(qq)] (nn) Thiophene analog of phencyclidine; 184 [(rr)] (oo) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine; 185 [(ss)] (pp) Salvia divinorum; 186 [(tt)] (qq) Salvinorin A; 187 [(uu)] (rr) Synthetic cannabinoids: 188 a. Any compound structurally derived from 3-(1-naphthoyl)indole or 1H-indol-3-yl- 189 (1-naphthyl)methane by substitution at the nitrogen atom of the indole ring by alkyl, 190 haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2- 191 (4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent, 192 whether or not substituted in the naphthyl ring to any extent. Including, but not limited to: HB 2704 12 193 (i) AM2201, or 1-(5-fluoropentyl)-3-(1-naphthoyl)indole; 194 (ii) JWH-007, or 1-pentyl-2-methyl-3-(1-naphthoyl)indole; 195 (iii) JWH-015, or 1-propyl-2-methyl-3-(1-naphthoyl)indole; 196 (iv) JWH-018, or 1-pentyl-3-(1-naphthoyl)indole; 197 (v) JWH-019, or 1-hexyl-3-(1-naphthoyl)indole; 198 (vi) JWH-073, or 1-butyl-3-(1-naphthoyl)indole; 199 (vii) JWH-081, or 1-pentyl-3-(4-methoxy-1-naphthoyl)indole; 200 (viii) JWH-098, or 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole; 201 (ix) JWH-122, or 1-pentyl-3-(4-methyl-1-naphthoyl)indole; 202 (x) JWH-164, or 1-pentyl-3-(7-methoxy-1-naphthoyl)indole; 203 (xi) JWH-200, or 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl)indole; 204 (xii) JWH-210, or 1-pentyl-3-(4-ethyl-1-naphthoyl)indole; 205 (xiii) JWH-398, or 1-pentyl-3-(4-chloro-1-naphthoyl)indole; 206 b. Any compound structurally derived from 3-(1-naphthoyl)pyrrole by substitution at 207 the nitrogen atom of the pyrrole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 208 cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether 209 or not further substituted in the pyrrole ring to any extent, whether or not substituted in the 210 naphthyl ring to any extent; 211 c. Any compound structurally derived from 1-(1-naphthylmethyl)indene by 212 substitution at the 3-position of the indene ring by alkyl, haloalkyl, alkenyl, 213 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) 214 ethyl group, whether or not further substituted in the indene ring to any extent, whether or not 215 substituted in the naphthyl ring to any extent; 216 d. Any compound structurally derived from 3-phenylacetylindole by substitution at 217 the nitrogen atom of the indole ring with alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 218 cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether 219 or not further substituted in the indole ring to any extent, whether or not substituted in the 220 phenyl ring to any extent. Including, but not limited to: 221 (i) JWH-201, or 1-pentyl-3-(4-methoxyphenylacetyl)indole; 222 (ii) JWH-203, or 1-pentyl-3-(2-chlorophenylacetyl)indole; 223 (iii) JWH-250, or 1-pentyl-3-(2-methoxyphenylacetyl)indole; 224 (iv) JWH-251, or 1-pentyl-3-(2-methylphenylacetyl)indole; 225 (v) RCS-8, or 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole; 226 e. Any compound structurally derived from 2-(3-hydroxycyclohexyl)phenol by 227 substitution at the 5-position of the phenolic ring by alkyl, haloalkyl, alkenyl, 228 cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl) 229 ethyl group, whether or not substituted in the cyclohexyl ring to any extent. Including, but HB 2704 13 230 not limited to CP 47, 497 and homologues, or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2- 231 methyloctan-2-yl)phenol, where side chain n=5, and homologues where side chain n-4,6, or 232 7; 233 f. Any compound containing a 3-(benzoyl)indole structure with substitution at the 234 nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, 235 cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, 236 whether or not further substituted in the indole ring to any extent and whether or not 237 substituted in the phenyl ring to any extent. Including, but not limited to: 238 (i) AM-694, or 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole; 239 (ii) RCS-4, or 1-pentyl-3-(4-methoxybenzoyl)indole (SR-19 and RCS-4); 240 g. CP 50,556-1, or [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-phenylpentan- 241 2-yl] oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl] acetate; 242 h. HU-210, or (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)- 243 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; 244 i. HU-211, or Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 245 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; 246 j. Dimethylheptylpyran, or DMHP; 247 (6) Any material, compound, mixture or preparation containing any quantity of the 248 following substances having a depressant effect on the central nervous system, including their 249 salts, isomers and salts of isomers whenever the existence of these salts, isomers and salts of 250 isomers is possible within the specific chemical designation: 251 (a) Gamma-hydroxybutyric acid; 252 (b) Mecloqualone; 253 (c) Methaqualone; 254 (7) Any material, compound, mixture or preparation containing any quantity of the 255 following substances having a stimulant effect on the central nervous system, including their 256 salts, isomers and salts of isomers: 257 (a) Aminorex; 258 (b) N-benzylpiperazine; 259 (c) Cathinone; 260 (d) Fenethylline; 261 (e) 3-Fluoromethcathinone; 262 (f) 4-Fluoromethcathinone; 263 (g) Mephedrone, or 4-methylmethcathinone; 264 (h) Methcathinone; 265 (i) 4-methoxymethcathinone; HB 2704 14 266 (j) (+,-)cis-4-methylaminorex ((+,-)cis-4,5-dihydro-4-methyl-5-phenyl-2- 267 oxazolamine); 268 (k) Methylenedioxypyrovalerone, MDPV, or 1-(1,3-Benzodioxol-5-yl)-2-(1- 269 pyrrolidinyl)-1-pentanone; 270 (l) Methylone, or 3,4-Methylenedioxymethcathinone; 271 (m) 4-Methyl-alpha-pyrrolidinobutiophenone, or MPBP; 272 (n) N-ethylamphetamine; 273 (o) N,N-dimethylamphetamine; 274 (p) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-22; QUPIC); 275 (q) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (5-fluoro-PB-22; 5F- 276 PB-22); 277 (r) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3- 278 carboxamide (AB-FUBINACA); 279 (s) N-(1-amino-3, 3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide 280 (ADB-PINACA); 281 (8) A temporary listing of substances subject to emergency scheduling under federal 282 law shall include any material, compound, mixture or preparation which contains any 283 quantity of the following substances: 284 (a) (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone, its optical, 285 positional, and geometric isomers, salts, and salts of isomers; 286 (b) [1-(5-fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone, 287 its optical, positional, and geometric isomers, salts, and salts of isomers; 288 (c) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide, its optical, positional, and 289 geometric isomers, salts, and salts of isomers; 290 (d) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, 291 positional, and geometric isomers, salts, and salts of isomers; 292 (e) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, 293 positional, and geometric isomers, salts, and salts of isomers; 294 (f) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine, its optical, 295 positional, and geometric isomers, salts, and salts of isomers; 296 (g) 4-methyl-N-ethylcathinone, its optical, positional, and geometric isomers, salts, 297 and salts of isomers; 298 (h) 4-methyl-alpha-pyrrolidinopropiophenone, its optical, positional, and geometric 299 isomers, salts, and salts of isomers; 300 (i) Alpha-pyrrolidinopentiophenone, its optical, positional, and geometric isomers, 301 salts, and salts of isomers; 302 (j) Butylone, its optical, positional, and geometric isomers, salts, and salts of isomers; HB 2704 15 303 (k) Pentedrone, its optical, positional, and geometric isomers, salts, and salts of 304 isomers; 305 (l) Pentylone, its optical, positional, and geometric isomers, salts, and salts of 306 isomers; 307 (m) Naphyrone, its optical, positional, and geometric isomers, salts, and salts of 308 isomers; 309 (n) Alpha-pyrrolidinobutiophenone, its optical, positional, and geometric isomers, 310 salts, and salts of isomers; 311 (o) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3- 312 carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers; 313 (p) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide, its 314 optical, positional, and geometric isomers, salts, and salts of isomers; 315 (q) [1-(5-fluoropentyl)-1H-indazole-3-yl](naphthalen-1-yl)methanone, its optical, 316 positional, and geometric isomers, salts, and salts of isomers; 317 (r) N-[1-[2-hydroxy-2-(thiophen-2-yl) ethyl]piperidin-4-yl]-N-phenylpropionamide, 318 its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers; 319 (s) N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide, its optical, positional, and 320 geometric isomers, salts, and salts of isomers; 321 (t) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)-1H-indazole-3- 322 carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers; 323 (u) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3- 324 dimethylbutanoate, its optical, positional, and geometric isomers, salts, and salts of isomers; 325 (v) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, its 326 optical, positional, and geometric isomers, salts, and salts of isomers; 327 (w) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide, its optical, 328 positional, and geometric isomers, salts, and salts of isomers; 329 (x) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3- 330 carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers; 331 (y) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3- 332 dimethylbutanoate, its optical, positional, and geometric isomers, salts, and salts of isomers; 333 (z) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3- 334 dimethylbutanoate, its optical, positional, and geometric isomers, salts, and salts of isomers; 335 (aa) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide, its isomers, 336 esters, ethers, salts, and salts of isomers, esters, and ethers; 337 (bb) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-methylbutanoate, 338 its optical, positional, and geometric isomers, salts, and salts of isomers; HB 2704 16 339 (cc) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide, its isomers, 340 esters, ethers, salts, and salts of isomers, esters, and ethers; 341 (dd) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide, its isomers, esters, ethers, 342 salts, and salts of isomers, esters, and ethers; 343 (ee) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide, its isomers, esters, 344 ethers, salts, and salts of isomers, esters, and ethers; 345 (ff) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide, its isomers, 346 esters, ethers, salts, and salts of isomers, esters, and ethers; 347 (gg) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide, its isomers, 348 esters, ethers, salts, and salts of isomers, esters, and ethers; 349 (hh) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide, its isomers, esters, 350 ethers, salts, and salts of isomers, esters, and ethers; 351 (ii) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide, its isomers, 352 esters, ethers, salts, and salts of isomers, esters, and ethers; 353 (jj) Fentanyl-related substances, their isomers, esters, ethers, salts, and salts of 354 isomers, esters, and ethers. Fentanyl-related substance shall mean any substance not 355 otherwise listed under another Drug Enforcement Administration Controlled Substance Code 356 Number, and for which no exemption or approval is in effect under section 505 of the Federal 357 Food, Drug, and Cosmetic Act, 21 U.S.C. Section 355, that is structurally related to fentanyl 358 by one or more of the following modifications: 359 a. Replacement of the phenyl portion of the phenethyl group by any monocycle, 360 whether or not further substituted in or on the monocycle; 361 b. Substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, 362 halo, haloalkyl, amino or nitro groups; 363 c. Substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, 364 hydroxyl, amino or nitro groups; 365 d. Replacement of the aniline ring with any aromatic monocycle, whether or not 366 further substituted in or on the aromatic monocycle; or 367 e. Replacement of the N-propionyl group by another acyl group; 368 (kk) Naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate, its optical, 369 positional, and geometric isomers, salts, and salts of isomers (NM2201; CBL2201); 370 (ll) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1H-indazole-3- 371 carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (5F- 372 AB-PINACA); 373 (mm) 1-(4-cyanobutyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, its 374 optical, positional, and geometric isomers, salts, and salts of isomers (4-CN-CUMYL- HB 2704 17 375 BUTINACA; 4-cyano-CUMYL-BUTINACA; 4-CN-CUMYLBINACA; CUMYL-4CN- 376 BINACA; SGT-78); 377 (nn) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3-methylbutanoate, 378 its optical, positional, and geometric isomers, salts, and salts of isomers (MMB-CHMICA, 379 AMB-CHMICA); 380 (oo) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-pyrrolo[2,3-b]pyridine-3- 381 carboxamide, its optical, positional, and geometric isomers, salts, and salts of isomers (5F- 382 CUMYL-P7AICA); 383 (pp) N-ethylpentylone, its optical, positional, and geometric isomers, salts, and salts 384 of isomers (ephylone, 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one); 385 (qq) ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate, 386 its optical, positional, and geometric isomers, salts, and salts of isomers (trivial name: 5F- 387 EDMB-PINACA); 388 (rr) methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate, 389 its optical, positional, and geometric isomers, salts, and salts of isomers (trivial name: 5F- 390 MDMB-PICA); 391 (ss) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide, its optical, 392 positional, and geometric isomers, salts, and salts of isomers (trivial names: FUB-AKB48; 393 FUB-APINACA; AKB48 N-(4-FLUOROBENZYL)); 394 (tt) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide, its 395 optical, positional, and geometric isomers, salts, and salts of isomers (trivial names: 5F- 396 CUMYL-PINACA; SGT-25); 397 (uu) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone, 398 its optical, positional, and geometric isomers, salts, and salts of isomers (trivial name: FUB- 399 144); 400 (vv) N-ethylhexedrone, its optical, positional, and geometric isomers, salts, and salts 401 of isomers (Other name: 2-(ethylamino)-1-phenylhexan-1-one); 402 (ww) alpha-pyrrolidinohexanophenone, its optical, positional, and geometric isomers, 403 salts, and salts of isomers (Other names: a-PHP; alpha-pyrrolidinohexiophenone; 1-phenyl-2- 404 (pyrrolidin-1-yl)hexan-1-one); 405 (xx) 4-methyl-alpha-ethylaminopentiophenone, its optical, positional, and geometric 406 isomers, salts, and salts of isomers; (Other names: 4-MEAP; 2-(ethylamino)-1-(4- 407 methylphenyl)pentan-1-one); 408 (yy) 4'-methyl-alpha-pyrrolidinohexiophenone, its optical, positional, and geometric 409 isomers, salts, and salts of isomers (Other names: MPHP; 4'-methyl-alpha- 410 pyrrolidinohexanophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one); HB 2704 18 411 (zz) alpha-pyrrolidinoheptaphenone, its optical, positional, and geometric isomers, 412 salts, and salts of isomers (Other names: PV8; 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one); 413 (aaa) 4'-chloro-alpha-pyrrolidinovalerophenone, its optical, positional, and geometric 414 isomers, salts, and salts of isomers (Other names: 4-chloro-a-PVP; 4'-chloro-alpha- 415 pyrrolidinopentiophenone; 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one); 416 (9) Khat, to include all parts of the plant presently classified botanically as catha 417 edulis, whether growing or not; the seeds thereof; any extract from any part of such plant; and 418 every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or 419 extracts. 420 3. The department of health and senior services shall place a substance in Schedule II 421 if it finds that: 422 (1) The substance has high potential for abuse; 423 (2) The substance has currently accepted medical use in treatment in the United 424 States, or currently accepted medical use with severe restrictions; and 425 (3) The abuse of the substance may lead to severe psychic or physical dependence. 426 4. The controlled substances listed in this subsection are included in Schedule II: 427 (1) Any of the following substances whether produced directly or indirectly by 428 extraction from substances of vegetable origin, or independently by means of chemical 429 synthesis, or by combination of extraction and chemical synthesis: 430 (a) Opium and opiate; and any salt, compound, derivative or preparation of opium or 431 opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, 432 nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, but including the 433 following: 434 a. Raw opium; 435 b. Opium extracts; 436 c. Opium fluid; 437 d. Powdered opium; 438 e. Granulated opium; 439 f. Tincture of opium; 440 g. Codeine; 441 h. Dihydroetorphine; 442 i. Ethylmorphine; 443 j. Etorphine hydrochloride; 444 k. Hydrocodone; 445 l. Hydromorphone; 446 m. Metopon; 447 n. Morphine; HB 2704 19 448 o. Oripavine; 449 p. Oxycodone; 450 q. Oxymorphone; 451 r. Thebaine; 452 (b) Any salt, compound, derivative, or preparation thereof which is chemically 453 equivalent or identical with any of the substances referred to in this subdivision, but not 454 including the isoquinoline alkaloids of opium; 455 (c) Opium poppy and poppy straw; 456 (d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and 457 any salt, compound, derivative, or preparation thereof which is chemically equivalent or 458 identical with any of these substances, but not including the following: 459 a. Decocainized coca leaves or extractions of coca leaves, which extractions do not 460 contain cocaine or ecgonine; or 461 b. Ioflupane; 462 (e) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, 463 solid or powder form which contains the phenanthrene alkaloids of the opium poppy); 464 (2) Any of the following opiates, including their isomers, esters, ethers, salts, and 465 salts of isomers, whenever the existence of these isomers, esters, ethers, and salts is possible 466 within the specific chemical designation, dextrorphan and levopropoxyphene excepted: 467 (a) Alfentanil; 468 (b) Alphaprodine; 469 (c) Anileridine; 470 (d) Bezitramide; 471 (e) Bulk dextropropoxyphene; 472 (f) Carfentanil; 473 (g) Dihydrocodeine; 474 (h) Diphenoxylate; 475 (i) Fentanyl; 476 (j) Isomethadone; 477 (k) Levo-alphacetylmethadol; 478 (l) Levomethorphan; 479 (m) Levorphanol; 480 (n) Metazocine; 481 (o) Methadone; 482 (p) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane; 483 (q) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane- 484 carboxylic acid; HB 2704 20 485 (r) Pethidine (meperidine); 486 (s) Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine; 487 (t) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate; 488 (u) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine-4-carboxylic acid; 489 (v) Phenazocine; 490 (w) Piminodine; 491 (x) Racemethorphan; 492 (y) Racemorphan; 493 (z) Remifentanil; 494 (aa) Sufentanil; 495 (bb) Tapentadol; 496 (cc) Thiafentanil; 497 (3) Any material, compound, mixture, or preparation which contains any quantity of 498 the following substances having a stimulant effect on the central nervous system: 499 (a) Amphetamine, its salts, optical isomers, and salts of its optical isomers; 500 (b) Lisdexamfetamine, its salts, isomers, and salts of its isomers; 501 (c) Methamphetamine, its salts, isomers, and salts of its isomers; 502 (d) Phenmetrazine and its salts; 503 (e) Methylphenidate; 504 (4) Any material, compound, mixture, or preparation which contains any quantity of 505 the following substances having a depressant effect on the central nervous system, including 506 its salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts 507 of isomers is possible within the specific chemical designation: 508 (a) Amobarbital; 509 (b) Glutethimide; 510 (c) Pentobarbital; 511 (d) Phencyclidine; 512 (e) Secobarbital; 513 (5) Hallucinogenic substances: 514 (a) Any material or compound which contains any quantity of nabilone; 515 (b) Dronabinol [(-)-?-9-trans tetrahydrocannabinol] in an oral solution in a drug 516 product approved for marketing by the U.S. Food and Drug Administration; 517 (6) Any material, compound, mixture, or preparation which contains any quantity of 518 the following substances: 519 (a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone; 520 (b) Immediate precursors to phencyclidine (PCP): 521 a. 1-phenylcyclohexylamine; HB 2704 21 522 b. 1-piperidinocyclohexanecarbonitrile (PCC); 523 (c) Immediate precursor to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP); 524 (7) Any material, compound, mixture, or preparation which contains any quantity of 525 the following alkyl nitrites: 526 (a) Amyl nitrite; 527 (b) Butyl nitrite. 528 5. The department of health and senior services shall place a substance in Schedule III 529 if it finds that: 530 (1) The substance has a potential for abuse less than the substances listed in 531 Schedules I and II; 532 (2) The substance has currently accepted medical use in treatment in the United 533 States; and 534 (3) Abuse of the substance may lead to moderate or low physical dependence or high 535 psychological dependence. 536 6. The controlled substances listed in this subsection are included in Schedule III: 537 (1) Any material, compound, mixture, or preparation which contains any quantity of 538 the following substances having a potential for abuse associated with a stimulant effect on the 539 central nervous system: 540 (a) Benzphetamine; 541 (b) Chlorphentermine; 542 (c) Clortermine; 543 (d) Phendimetrazine; 544 (2) Any material, compound, mixture or preparation which contains any quantity or 545 salt of the following substances or salts having a depressant effect on the central nervous 546 system: 547 (a) Any material, compound, mixture or preparation which contains any quantity or 548 salt of the following substances combined with one or more active medicinal ingredients: 549 a. Amobarbital; 550 b. Secobarbital; 551 c. Pentobarbital; 552 (b) Any suppository dosage form containing any quantity or salt of the following: 553 a. Amobarbital; 554 b. Secobarbital; 555 c. Pentobarbital; 556 (c) Any substance which contains any quantity of a derivative of barbituric acid or its 557 salt; 558 (d) Chlorhexadol; HB 2704 22 559 (e) Embutramide; 560 (f) Gamma hydroxybutyric acid and its salts, isomers, and salts of isomers contained 561 in a drug product for which an application has been approved under Section 505 of the federal 562 Food, Drug, and Cosmetic Act; 563 (g) Ketamine, its salts, isomers, and salts of isomers; 564 (h) Lysergic acid; 565 (i) Lysergic acid amide; 566 (j) Methyprylon; 567 (k) Perampanel, and its salts, isomers, and salts of isomers; 568 (l) Sulfondiethylmethane; 569 (m) Sulfonethylmethane; 570 (n) Sulfonmethane; 571 (o) Tiletamine and zolazepam or any salt thereof; 572 (3) Nalorphine; 573 (4) Any material, compound, mixture, or preparation containing limited quantities of 574 any of the following narcotic drugs or their salts: 575 (a) Not more than 1.8 grams of codeine per one hundred milliliters or not more than 576 ninety milligrams per dosage unit, with an equal or greater quantity of an isoquinoline 577 alkaloid of opium; 578 (b) Not more than 1.8 grams of codeine per one hundred milliliters or not more than 579 ninety milligrams per dosage unit with one or more active, nonnarcotic ingredients in 580 recognized therapeutic amounts; 581 (c) Not more than 1.8 grams of dihydrocodeine per one hundred milliliters or not 582 more than ninety milligrams per dosage unit, with one or more active, nonnarcotic ingredients 583 in recognized therapeutic amounts; 584 (d) Not more than three hundred milligrams of ethylmorphine per one hundred 585 milliliters or not more than fifteen milligrams per dosage unit, with one or more active, 586 nonnarcotic ingredients in recognized therapeutic amounts; 587 (e) Not more than five hundred milligrams of opium per one hundred milliliters or per 588 one hundred grams or not more than twenty-five milligrams per dosage unit, with one or more 589 active nonnarcotic ingredients in recognized therapeutic amounts; 590 (f) Not more than fifty milligrams of morphine per one hundred milliliters or per one 591 hundred grams, with one or more active, nonnarcotic ingredients in recognized therapeutic 592 amounts; 593 (5) Any material, compound, mixture, or preparation containing any of the following 594 narcotic drugs or their salts: Buprenorphine; HB 2704 23 595 (6) Anabolic steroids. Any drug or hormonal substance, chemically and 596 pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids, 597 and dehydroepiandrosterone) that promotes muscle growth, except an anabolic steroid which 598 is expressly intended for administration through implants to cattle or other nonhuman species 599 and which has been approved by the Secretary of Health and Human Services for that 600 administration. If any person prescribes, dispenses, or distributes such steroid for human use, 601 such person shall be considered to have prescribed, dispensed, or distributed an anabolic 602 steroid within the meaning of this subdivision. Unless specifically excepted or unless listed 603 in another schedule, any material, compound, mixture or preparation containing any quantity 604 of the following substances, including its salts, esters and ethers: 605 (a) 3ß,17ß-dihydroxy-5a-androstane; 606 (b) 3a,17ß-dihydroxy-5a-androstane; 607 (c) 5a-androstan-3,17-dione; 608 (d) 1-androstenediol (3ß,17ß-dihydroxy-5a-androst-1-ene); 609 (e) 1-androstenediol (3a,17ß-dihydroxy-5a-androst-1-ene); 610 (f) 4-androstenediol (3ß,17ß-dihydroxy-androst-4-ene); 611 (g) 5-androstenediol (3ß,17ß-dihydroxy-androst-5-ene); 612 (h) 1-androstenedione ([5a]-androst-1-en-3,17-dione); 613 (i) 4-androstenedione (androst-4-en-3,17-dione); 614 (j) 5-androstenedione (androst-5-en-3,17-dione); 615 (k) Bolasterone (7a, 17a-dimethyl-17ß-hydroxyandrost-4-en-3-one); 616 (l) Boldenone (17ß-hydroxyandrost-1,4,-diene-3-one); 617 (m) Boldione; 618 (n) Calusterone (7ß, 17a-dimethyl-17ß-hydroxyandrost-4-en-3-one); 619 (o) Clostebol (4-chloro-17ß-hydroxyandrost-4-en-3-one); 620 (p) Dehydrochloromethyltestosterone (4-chloro-17ß-hydroxy-17a-methyl-androst- 621 1,4-dien-3-one); 622 (q) Desoxymethyltestosterone; 623 (r) 4-dihydrotestosterone (17ß-hydroxy-androstan-3-one); 624 (s) Drostanolone (17ß-hydroxy-2a-methyl-5a-androstan-3-one); 625 (t) Ethylestrenol (17a-ethyl-17ß-hydroxyestr-4-ene); 626 (u) Fluoxymesterone (9-fluoro-17a-methyl-11ß,17ß-dihydroxyandrost-4-en-3-one); 627 (v) Formebolone (2-formyl-17a-methyl-11a,17ß-dihydroxyandrost-1,4-dien-3-one); 628 (w) Furazabol (17a-methyl-17ß-hydroxyandrostano[2,3-c]-furazan); 629 (x) 13ß-ethyl-17ß-hydroxygon-4-en-3-one; 630 (y) 4-hydroxytestosterone (4,17ß-dihydroxy-androst-4-en-3-one); 631 (z) 4-hydroxy-19-nortestosterone (4,17ß-dihydroxy-estr-4-en-3-one); HB 2704 24 632 (aa) Mestanolone (17a-methyl-17ß-hydroxy-5a-androstan-3-one); 633 (bb) Mesterolone (1a- methyl-17ß-hydroxy-[5a]-androstan-3-one); 634 (cc) Methandienone (17a-methyl-17ß-hydroxyandrost-1,4-dien-3-one); 635 (dd) Methandriol (17a-methyl-3ß,17ß-dihydroxyandrost-5-ene); 636 (ee) Methasterone (2a,17a-dimethyl-5a-androstan-17ß-ol-3-one); 637 (ff) Methenolone (1-methyl-17ß-hydroxy-5a-androst-1-en-3-one); 638 (gg) 17a-methyl-3ß,17ß-dihydroxy-5a-androstane; 639 (hh) 17a-methyl-3a,17ß-dihydroxy-5a-androstane; 640 (ii) 17a-methyl-3ß,17ß-dihydroxyandrost-4-ene; 641 (jj) 17a-methyl-4-hydroxynandrolone (17a-methyl-4-hydroxy-17ß-hydroxyestr-4-en- 642 3-one); 643 (kk) Methyldienolone (17a-methyl-17ß-hydroxyestra-4,9(10)-dien-3-one); 644 (ll) Methyltrienolone (17a-methyl-17ß-hydroxyestra-4,9,11-trien-3-one); 645 (mm) Methyltestosterone (17a-methyl-17ß-hydroxyandrost-4-en-3-one); 646 (nn) Mibolerone (7a,17a-dimethyl-17ß-hydroxyestr-4-en-3-one); 647 (oo) 17a-methyl-?1-dihydrotestosterone (17ß-hydroxy-17a-methyl-5a-androst-1-en- 648 3-one) (a.k.a. '17-a-methyl-1-testosterone'); 649 (pp) Nandrolone (17ß-hydroxyestr-4-ene-3-one); 650 (qq) 19-nor-4-androstenediol (3ß,17ß-dihydroxyestr-4-ene); 651 (rr) 19-nor-4-androstenediol (3a,17ß-dihydroxyestr-4-ene); 652 (ss) 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); 653 (tt) 19-nor-5-androstenediol (3ß,17ß-dihydroxyestr-5-ene); 654 (uu) 19-nor-5-androstenediol (3a,17ß-dihydroxyestr-5-ene); 655 (vv) 19-nor-4-androstenedione (estr-4-en-3,17-dione); 656 (ww) 19-nor-5-androstenedione (estr-5-en-3,17-dione); 657 (xx) Norbolethone (13ß,17a-diethyl-17ß-hydroxygon-4-en-3-one); 658 (yy) Norclostebol (4-chloro-17ß-hydroxyestr-4-en-3-one); 659 (zz) Norethandrolone (17a-ethyl-17ß-hydroxyestr-4-en-3-one); 660 (aaa) Normethandrolone (17a-methyl-17ß-hydroxyestr-4-en-3-one); 661 (bbb) Oxandrolone (17a-methyl-17ß-hydroxy-2-oxa-[5a]-androstan-3-one); 662 (ccc) Oxymesterone (17a-methyl-4,17ß-dihydroxyandrost-4-en-3-one); 663 (ddd) metholone (17a-methyl-2-hydroxymethylene-17ß-hydroxy-[5a]-androstan-3- 664 one); 665 (eee) Prostanozol (17ß-hydroxy-5a-androstano[3,2-c]pyrazole); 666 (fff) Stanolone (?1-dihydrotestosterone (a.k.a. 1-testosterone)(17ß-hydroxy-5a- 667 androst-1-en-3-one)); 668 (ggg) Stanozolol (17a-methyl-17ß-hydroxy-[5a]-androst-2-eno[3,2-c]-pyrazole); HB 2704 25 669 (hhh) Stenbolone (17ß-hydroxy-2-methyl-[5a]-androst-1-en-3-one); 670 (iii) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid 671 lactone); 672 (jjj) Testosterone (17ß-hydroxyandrost-4-en-3-one); 673 (kkk) Tetrahydrogestrinone (13ß,17a-diethyl-17ß-hydroxygon-4,9,11-trien-3-one); 674 (lll) Trenbolone (17ß-hydroxyestr-4,9,11-trien-3-one); 675 (mmm) Any salt, ester, or ether of a drug or substance described or listed in this 676 subdivision, except an anabolic steroid which is expressly intended for administration through 677 implants to cattle or other nonhuman species and which has been approved by the Secretary 678 of Health and Human Services for that administration; 679 (7) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a 680 United States Food and Drug Administration approved drug product; 681 (8) The department of health and senior services may except by rule any compound, 682 mixture, or preparation containing any stimulant or depressant substance listed in 683 subdivisions (1) and (2) of this subsection from the application of all or any part of 684 sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or more 685 active medicinal ingredients not having a stimulant or depressant effect on the central nervous 686 system, and if the admixtures are included therein in combinations, quantity, proportion, or 687 concentration that vitiate the potential for abuse of the substances which have a stimulant or 688 depressant effect on the central nervous system. 689 7. The department of health and senior services shall place a substance in Schedule 690 IV if it finds that: 691 (1) The substance has a low potential for abuse relative to substances in Schedule III; 692 (2) The substance has currently accepted medical use in treatment in the United 693 States; and 694 (3) Abuse of the substance may lead to limited physical dependence or psychological 695 dependence relative to the substances in Schedule III. 696 8. The controlled substances listed in this subsection are included in Schedule IV: 697 (1) Any material, compound, mixture, or preparation containing any of the following 698 narcotic drugs or their salts calculated as the free anhydrous base or alkaloid, in limited 699 quantities as set forth below: 700 (a) Not more than one milligram of difenoxin and not less than twenty-five 701 micrograms of atropine sulfate per dosage unit; 702 (b) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-2- 703 propionoxybutane); 704 (c) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical 705 and geometric isomers, and salts of these isomers (including tramadol); HB 2704 26 706 (d) Any of the following limited quantities of narcotic drugs or their salts, which shall 707 include one or more nonnarcotic active medicinal ingredients in sufficient proportion to 708 confer upon the compound, mixture or preparation valuable medicinal qualities other than 709 those possessed by the narcotic drug alone: 710 a. Not more than two hundred milligrams of codeine per one hundred milliliters or 711 per one hundred grams; 712 b. Not more than one hundred milligrams of dihydrocodeine per one hundred 713 milliliters or per one hundred grams; 714 c. Not more than one hundred milligrams of ethylmorphine per one hundred 715 milliliters or per one hundred grams; 716 (2) Any material, compound, mixture or preparation containing any quantity of the 717 following substances, including their salts, isomers, and salts of isomers whenever the 718 existence of those salts, isomers, and salts of isomers is possible within the specific chemical 719 designation: 720 (a) Alfaxalone; 721 (b) Alprazolam; 722 (c) Barbital; 723 (d) Bromazepam; 724 (e) Camazepam; 725 (f) Carisoprodol; 726 (g) Chloral betaine; 727 (h) Chloral hydrate; 728 (i) Chlordiazepoxide; 729 (j) Clobazam; 730 (k) Clonazepam; 731 (l) Clorazepate; 732 (m) Clotiazepam; 733 (n) Cloxazolam; 734 (o) Delorazepam; 735 (p) Diazepam; 736 (q) Dichloralphenazone; 737 (r) Estazolam; 738 (s) Ethchlorvynol; 739 (t) Ethinamate; 740 (u) Ethyl loflazepate; 741 (v) Fludiazepam; 742 (w) Flunitrazepam; HB 2704 27 743 (x) Flurazepam; 744 (y) Fospropofol; 745 (z) Halazepam; 746 (aa) Haloxazolam; 747 (bb) Ketazolam; 748 (cc) Loprazolam; 749 (dd) Lorazepam; 750 (ee) Lormetazepam; 751 (ff) Mebutamate; 752 (gg) Medazepam; 753 (hh) Meprobamate; 754 (ii) Methohexital; 755 (jj) Methylphenobarbital (mephobarbital); 756 (kk) Midazolam; 757 (ll) Nimetazepam; 758 (mm) Nitrazepam; 759 (nn) Nordiazepam; 760 (oo) Oxazepam; 761 (pp) Oxazolam; 762 (qq) Paraldehyde; 763 (rr) Petrichloral; 764 (ss) Phenobarbital; 765 (tt) Pinazepam; 766 (uu) Prazepam; 767 (vv) Quazepam; 768 (ww) Suvorexant; 769 (xx) Temazepam; 770 (yy) Tetrazepam; 771 (zz) Triazolam; 772 (aaa) Zaleplon; 773 (bbb) Zolpidem; 774 (ccc) Zopiclone; 775 (3) Any material, compound, mixture, or preparation which contains any quantity of 776 the following substance including its salts, isomers and salts of isomers whenever the 777 existence of such salts, isomers and salts of isomers is possible: fenfluramine; HB 2704 28 778 (4) Any material, compound, mixture, or preparation which contains any quantity of 779 the following substances, including its salts, isomers, and salts of isomers, whenever the 780 existence of such salts, isomers, and salts of isomers is possible: Lorcaserin; 781 (5) Any material, compound, mixture or preparation containing any quantity of the 782 following substances having a stimulant effect on the central nervous system, including their 783 salts, isomers and salts of isomers: 784 (a) Cathine ((+)-norpseudoephedrine); 785 (b) Diethylpropion; 786 (c) Fencamfamin; 787 (d) Fenproporex; 788 (e) Mazindol; 789 (f) Mefenorex; 790 (g) Modafinil; 791 (h) Pemoline, including organometallic complexes and chelates thereof; 792 (i) Phentermine; 793 (j) Pipradrol; 794 (k) Sibutramine; 795 (l) SPA ((-)-1-dimethyamino-1,2-diphenylethane); 796 (6) Any material, compound, mixture or preparation containing any quantity of the 797 following substance, including its salts: 798 (a) Butorphanol (including its optical isomers); 799 (b) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1- 800 oxopropyl][(1S)-1-(4-phenyl-1 H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic 801 acid) (including its optical isomers) and its salts, isomers, and salts of isomers; 802 (c) Pentazocine; 803 (7) Ephedrine, its salts, optical isomers and salts of optical isomers, when the 804 substance is the only active medicinal ingredient; 805 (8) The department of health and senior services may except by rule any compound, 806 mixture, or preparation containing any depressant substance listed in subdivision (1) of this 807 subsection from the application of all or any part of sections 195.010 to 195.320 and sections 808 579.015 to 579.086 if the compound, mixture, or preparation contains one or more active 809 medicinal ingredients not having a depressant effect on the central nervous system, and if the 810 admixtures are included therein in combinations, quantity, proportion, or concentration that 811 vitiate the potential for abuse of the substances which have a depressant effect on the central 812 nervous system. 813 9. The department of health and senior services shall place a substance in Schedule V 814 if it finds that: HB 2704 29 815 (1) The substance has low potential for abuse relative to the controlled substances 816 listed in Schedule IV; 817 (2) The substance has currently accepted medical use in treatment in the United 818 States; and 819 (3) The substance has limited physical dependence or psychological dependence 820 liability relative to the controlled substances listed in Schedule IV. 821 10. The controlled substances listed in this subsection are included in Schedule V: 822 (1) Any compound, mixture or preparation containing any of the following narcotic 823 drugs or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as 824 set forth below, which also contains one or more nonnarcotic active medicinal ingredients in 825 sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal 826 qualities other than those possessed by the narcotic drug alone: 827 (a) Not more than two and five-tenths milligrams of diphenoxylate and not less than 828 twenty-five micrograms of atropine sulfate per dosage unit; 829 (b) Not more than one hundred milligrams of opium per one hundred milliliters or per 830 one hundred grams; 831 (c) Not more than five-tenths milligram of difenoxin and not less than twenty-five 832 micrograms of atropine sulfate per dosage unit; 833 (2) Any material, compound, mixture or preparation which contains any quantity of 834 the following substance having a stimulant effect on the central nervous system including its 835 salts, isomers and salts of isomers: pyrovalerone; 836 (3) Any compound, mixture, or preparation containing any detectable quantity of 837 pseudoephedrine or its salts or optical isomers, or salts of optical isomers or any compound, 838 mixture, or preparation containing any detectable quantity of ephedrine or its salts or optical 839 isomers, or salts of optical isomers; 840 (4) Unless specifically exempted or excluded or unless listed in another schedule, any 841 material, compound, mixture, or preparation which contains any quantity of the following 842 substances having a depressant effect on the central nervous system, including its salts: 843 (a) Brivaracetam ((25)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl]butanamide) (also 844 referred to as BRV; UCB-34714; Briviact); 845 (b) Ezogabine [N-[2-amino-4(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl 846 ester]; 847 (c) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]; 848 (d) Pregabalin [(S)-3-(aminomethyl)-5-methylhexanoic acid]; 849 (5) Any drug product in finished dosage formulation that has been approved by the 850 U.S. Food and Drug Administration that contains cannabidiol (2-[1R-3-methyl-6R-(1- HB 2704 30 851 methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-1,3-benzenediol) derived from cannabis and no 852 more than 0.1 percent (w/w) residual tetrahydro cannabinols. 853 11. If any compound, mixture, or preparation as specified in subdivision (3) of 854 subsection 10 of this section is dispensed, sold, or distributed in a pharmacy without a 855 prescription: 856 (1) All packages of any compound, mixture, or preparation containing any detectable 857 quantity of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or 858 ephedrine, its salts or optical isomers, or salts of optical isomers, shall be offered for sale only 859 from behind a pharmacy counter where the public is not permitted, and only by a registered 860 pharmacist or registered pharmacy technician; and 861 (2) Any person purchasing, receiving or otherwise acquiring any compound, mixture, 862 or preparation containing any detectable quantity of pseudoephedrine, its salts or optical 863 isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical 864 isomers shall be at least eighteen years of age; and 865 (3) The pharmacist, intern pharmacist, or registered pharmacy technician shall require 866 any person, prior to such person's purchasing, receiving or otherwise acquiring such 867 compound, mixture, or preparation to furnish suitable photo identification that is issued by a 868 state or the federal government or a document that, with respect to identification, is 869 considered acceptable and showing the date of birth of the person; 870 (4) The seller shall deliver the product directly into the custody of the purchaser. 871 12. Pharmacists, intern pharmacists, and registered pharmacy technicians shall 872 implement and maintain an electronic log of each transaction. Such log shall include the 873 following information: 874 (1) The name, address, and signature of the purchaser; 875 (2) The amount of the compound, mixture, or preparation purchased; 876 (3) The date and time of each purchase; and 877 (4) The name or initials of the pharmacist, intern pharmacist, or registered pharmacy 878 technician who dispensed the compound, mixture, or preparation to the purchaser. 879 13. Each pharmacy shall submit information regarding sales of any compound, 880 mixture, or preparation as specified in subdivision (3) of subsection 10 of this section in 881 accordance with transmission methods and frequency established by the department by 882 regulation; 883 14. No person shall dispense, sell, purchase, receive, or otherwise acquire quantities 884 greater than those specified in this chapter. 885 15. All persons who dispense or offer for sale pseudoephedrine and ephedrine 886 products in a pharmacy shall ensure that all such products are located only behind a pharmacy 887 counter where the public is not permitted. HB 2704 31 888 16. The penalties for a knowing or reckless violation of the provisions of subsections 889 11 to 15 of this section are found in section 579.060. 890 17. The scheduling of substances specified in subdivision (3) of subsection 10 of this 891 section and subsections 11, 12, 14, and 15 of this section shall not apply to any compounds, 892 mixtures, or preparations that are in liquid or liquid-filled gel capsule form or to any 893 compound, mixture, or preparation specified in subdivision (3) of subsection 10 of this 894 section which must be dispensed, sold, or distributed in a pharmacy pursuant to a 895 prescription. 896 18. The manufacturer of a drug product or another interested party may apply with 897 the department of health and senior services for an exemption from this section. The 898 department of health and senior services may grant an exemption by rule from this section if 899 the department finds the drug product is not used in the illegal manufacture of 900 methamphetamine or other controlled or dangerous substances. The department of health 901 and senior services shall rely on reports from law enforcement and law enforcement 902 evidentiary laboratories in determining if the proposed product can be used to manufacture 903 illicit controlled substances. 904 19. The department of health and senior services shall revise and republish the 905 schedules annually. 906 20. The department of health and senior services shall promulgate rules under chapter 907 536 regarding the security and storage of Schedule V controlled substances, as described in 908 subdivision (3) of subsection 10 of this section, for distributors as registered by the 909 department of health and senior services. 910 21. Logs of transactions required to be kept and maintained by this section and 911 section 195.417 shall create a rebuttable presumption that the person whose name appears in 912 the logs is the person whose transactions are recorded in the logs. 195.815. 1. The department of health and senior services shall require all [officers, 2 managers, contractors, employees, and other support staff of licensed or certified] employees, 3 contractors, owners, and volunteers of medical marijuana facilities[, and all owners of such 4 medical marijuana facilities who will have access to the facilities or to the facilities' medical 5 marijuana,] or the cannabis enforcement authority shall require all employees, 6 contractors, owners, and volunteers of marijuana businesses to submit fingerprints to 7 the Missouri state highway patrol for the purpose of conducting a state and federal 8 fingerprint-based criminal background check. 9 2. The department or authority may require that such fingerprint submissions be 10 made as part of a medical marijuana facility or marijuana business application [for licensure 11 or certification], a medical marijuana facility or marijuana business renewal application 12 [for renewal of licensure or certification], and an individual's application for licensure under HB 2704 32 13 sections 196.3000 to 196.3048 or licensure and issuance of an identification card 14 authorizing that individual to be an employee, contractor, owner, [officer, manager, 15 contractor, employee, or other support staff] or volunteer of a medical marijuana facility or 16 marijuana business. 17 3. Fingerprint cards and any required fees shall be sent to the Missouri state highway 18 patrol's central repository. The fingerprints shall be used for searching the state criminal 19 records repository and shall also be forwarded to the Federal Bureau of Investigation for a 20 federal criminal records search under section 43.540. The Missouri state highway patrol shall 21 notify the department of any criminal history record information or lack of criminal history 22 record information discovered on the individual. Notwithstanding the provisions of section 23 610.120 to the contrary, all records related to any criminal history information discovered 24 shall be accessible and available to the department. 25 4. As used in this section, the following words shall mean: 26 (1) "Contractor", a person performing work or service of any kind for a medical 27 marijuana facility marijuana business in accordance with a contract with that facility or 28 business; 29 (2) "Employee", [any] a person performing work or service of any kind or character 30 for hire in a medical marijuana facility; 31 [(2)] (3) "Medical marijuana facility", an entity licensed or certified by the 32 department of health and senior services[, or its successor agency,] to acquire, cultivate, 33 process, manufacture, test, store, sell, transport, or deliver medical marijuana[; 34 (3) "Other support staff", any person performing work or service of any kind or 35 character, other than employees, on behalf of a medical marijuana facility if such a person 36 would have access to the medical marijuana facility or its medical marijuana or related 37 equipment or supplies]. 196.1173. 1. This section shall be known and may be cited as the "Cannabinoid 2 Product Labeling Act". 3 2. As used in this section, the following terms mean: 4 (1) "Cannabinoid": 5 (a) CBD; 6 (b) CBDA; 7 (c) CBG; 8 (d) CBN; or 9 (e) THC; 10 (2) "Cannabinoid oil product", a food product or dietary ingredient containing 11 an extract from a cannabis plant or a mixture or preparation containing cannabis plant 12 material that: HB 2704 33 13 (a) Is composed of at least one-half of one percent cannabinoid by weight; and 14 (b) Contains no other psychoactive substance; 15 (3) "CBD", cannabidiol; 16 (4) "CBDA", cannabidiolic acid; 17 (5) "CBG", cannabigerol; 18 (6) "CBN", cannabinol; 19 (7) "Dealer", a person who sells, prepares, or maintains cannabinoid oil 20 products or advertises, represents, or holds oneself out as selling, preparing, or 21 maintaining cannabinoid oil products or a person who operates a marijuana business 22 under sections 196.3000 to 196.3048. Such person may include, but shall not be limited 23 to, a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, 24 delicatessen, supermarket, grocery store, convenience store, nursing home, or food or 25 drink company; 26 (8) "Department", the department of health and senior services; 27 (9) "Director", the director of the department or the director's designee; 28 (10) "Food", a food, food product, food ingredient, dietary ingredient, dietary 29 supplement, or beverage for human consumption; 30 (11) "THC", tetrahydrocannabinol. 31 3. The general assembly hereby occupies and preempts the entire field of 32 regulating cannabinoid oil products as provided in this section to the complete exclusion 33 of any order, ordinance, or regulation by any political subdivision of this state. Any 34 existing or future orders, ordinances, or regulations relating to cannabinoid oil products 35 as provided in this section are hereby void. 36 4. (1) A dealer who prepares, distributes, sells, or exposes for sale a food that is 37 represented to be a cannabinoid oil product shall disclose on the product label the 38 factual basis upon which that representation is made. 39 (2) A dealer shall not prepare, distribute, sell, or expose for sale a food 40 represented to be a cannabinoid oil product that does not conform to the disclosure 41 requirement under subdivision (1) of this subsection. 42 5. (1) No cannabinoid oil product shall be prepared, distributed, sold, or 43 exposed for sale without a label containing the following information: 44 (a) The processor's business or trade name; 45 (b) The business or trade name of any entity that packaged the product if 46 different from the processor; 47 (c) The product identity that correctly identifies the cannabinoid as either a 48 concentrate or extract; 49 (d) The date the concentrate or extract was made; HB 2704 34 50 (e) The net weight or volume in U.S. customary and metric units; 51 (f) The serving size and number of servings per container; 52 (g) The amount, in milligrams, of THC and cannabinoid in each serving and in 53 the container; 54 (h) A statement that reads: "This product is not approved by the FDA to treat, 55 cure, or prevent any disease."; and 56 (i) A warning that states: "For use only by adults 21 and older. Keep out of 57 reach of children.". 58 (2) This subsection shall not be construed to prohibit the inclusion of other 59 information on any cannabinoid oil product package. 60 6. A dealer shall not prepare, distribute, sell, or expose for sale any of the 61 following: 62 (1) A cannabinoid oil product that is adulterated with a dangerous 63 noncannabidiol substance. A cannabinoid oil product shall be considered to be 64 adulterated with a dangerous noncannabidiol substance if the cannabinoid oil product is 65 mixed or packed with a noncannabidiol substance and that substance affects the quality 66 or strength of the cannabinoid oil product to such a degree as to render the cannabinoid 67 oil product injurious to a consumer; or 68 (2) A cannabinoid oil product that is contaminated with a dangerous 69 noncannabidiol substance. A cannabinoid oil product shall be considered to be 70 contaminated with a dangerous noncannabidiol substance if the cannabinoid oil product 71 contains a poisonous or otherwise deleterious noncannabidiol ingredient including, but 72 not limited to, any substance listed in section 195.017. 73 7. A dealer shall not distribute, sell, or expose for sale a cannabinoid oil product 74 to an individual under twenty-one years of age. 75 8. (1) If a dealer violates subdivision (1) of subsection 4 of this section, the 76 director may, after notice and hearing, impose a fine on the dealer of no more than five 77 hundred dollars for the first offense and no more than one thousand dollars for the 78 second or subsequent offense. 79 (2) A dealer who violates subdivision (2) of subsection 4 of this section or 80 subsection 5, 6, or 7 of this section is guilty of a class D misdemeanor. 81 (3) A person aggrieved by a violation of subdivision (2) of subsection 4 of this 82 section or subsection 5 or 6 of this section may, in addition to and distinct from any 83 other remedy at law or in equity, bring a private cause of action in a court of competent 84 jurisdiction for damages resulting from that violation including, but not limited to, 85 economic, noneconomic, and consequential damages. HB 2704 35 86 (4) A dealer shall not be deemed to have violated subdivision (2) of subsection 4 87 of this section or subsection 5 or 6 of this section if a preponderance of the evidence 88 shows that the dealer relied in good faith upon the representations of a manufacturer, 89 processor, packer, or distributor of food represented to be a cannabinoid oil product. 90 9. This section shall not apply to any hemp extract for which a registration card 91 has been issued under sections 192.945 to 192.947 or section 195.207. 92 10. The department shall promulgate rules to implement the provisions of this 93 section including, but not limited to, the requirements for the format, size, and 94 placement of the disclosure label required under subdivision (1) of subsection 4 of this 95 section and for the information to be included in the disclosure label. Any rule or 96 portion of a rule, as that term is defined in section 536.010, that is created under the 97 authority delegated in this section shall become effective only if it complies with and is 98 subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This 99 section and chapter 536 are nonseverable, and if any of the powers vested with the 100 general assembly pursuant to chapter 536 to review, to delay the effective date, or to 101 disapprove and annul a rule are subsequently held unconstitutional, then the grant of 102 rulemaking authority and any rule proposed or adopted after August 28, 2022, shall be 103 invalid and void. 196.3000. Sections 196.3000 to 196.3048 shall be known and may be cited as the 2 "Cannabis Freedom Act". 196.3003. As used in sections 196.3000 to 196.3048, the following terms mean: 2 (1) "Authority", the cannabis enforcement authority (CEA) within the 3 department; 4 (2) "Consumer", a person twenty-one years of age or older who purchases 5 marijuana, marijuana products, or marijuana accessories for personal use but not for 6 resale to others; 7 (3) "Department", the department of agriculture; 8 (4) "Marijuana", all parts of the plant of the genus Cannabis, whether growing; 9 the seeds thereof; the resin extracted from any part of the plant; and every compound, 10 manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, 11 including marijuana concentrate. "Marijuana" shall not include industrial hemp, nor 12 shall it include fiber produced from the stalks, oil, or cake made from the seeds of the 13 plant; sterilized seed of the plant that is incapable of germination; or the weight of any 14 other ingredient combined with marijuana to prepare topical or oral administrations, 15 food, drink, or other products; 16 (5) "Marijuana accessories", any equipment, products, or materials of any kind 17 that are used, intended for use, or designed for use in planting, propagating, cultivating, HB 2704 36 18 growing, harvesting, composting, manufacturing, compounding, converting, producing, 19 processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, 20 or containing marijuana or for ingesting, inhaling, or otherwise introducing marijuana 21 into the human body; 22 (6) "Marijuana business", a licensed marijuana processor, marijuana 23 commercial grower, or marijuana retailer; 24 (7) "Marijuana commercial grower" or "commercial grower", an entity licensed 25 to cultivate, prepare, and package marijuana and transfer or contract for transfer of 26 marijuana to a marijuana retailer, marijuana processor, or any other marijuana 27 commercial grower. A commercial grower may sell seeds, flower, or clones to 28 commercial growers under sections 196.3000 to 196.3048; 29 (8) "Marijuana processor", a person or entity licensed under sections 196.3000 30 to 196.3048 to operate a business, including the production, manufacture, extraction, 31 processing, packaging, or creation of marijuana products as described under sections 32 196.3000 to 196.3048; 33 (9) "Marijuana products", concentrated marijuana products and marijuana 34 products that are composed of marijuana and other ingredients and are intended for use 35 or consumption including, but not limited to, edible products, ointments, and tinctures; 36 (10) "Marijuana retailer", an entity that has been licensed by the authority 37 under sections 196.3000 to 196.3048 to purchase marijuana or marijuana products from 38 a licensed marijuana commercial grower or marijuana processor, sell marijuana or 39 marijuana products to consumers under sections 196.3000 to 196.3048, or sell or 40 transfer marijuana or marijuana products to another marijuana retailer; 41 (11) "Medical marijuana dispensary facility", a facility licensed by the 42 department of health and senior services or its successor agency to acquire, store, 43 sell, transport, and deliver marijuana, marijuana-infused products, and drug 44 paraphernalia used to administer marijuana as provided under Article XIV, Section 1 45 of the Constitution of Missouri to a qualifying patient, a primary caregiver, another 46 medical marijuana dispensary facility, a medical marijuana testing facility, or a medical 47 marijuana-infused products manufacturing facility; 48 (12) "Personal use", personal use or consumption of marijuana by a person 49 twenty-one years of age or older. 196.3006. The provisions of sections 196.3000 to 196.3048 shall not: 2 (1) Restrict the rights of employers to maintain a drug-and alcohol-free 3 workplace or affect the ability of employers to enact workplace policies restricting the 4 use of marijuana or marijuana products by employees or prospective employees; HB 2704 37 5 (2) Require an employer to allow or accommodate the use, consumption, 6 possession, transfer, display, transportation, sale, or cultivation of marijuana or 7 marijuana products in a place of employment; 8 (3) Allow driving, flying, or boating while impaired by marijuana or marijuana 9 products or prevent this state from enacting and imposing penalties for driving, flying, 10 or boating while impaired by marijuana or marijuana products; 11 (4) Allow individuals who are under twenty-one years of age to purchase, 12 possess, transport, or consume marijuana or marijuana products; 13 (5) Allow the sale, transfer, or provision of marijuana or marijuana products to 14 individuals who are under twenty-one years of age; 15 (6) Restrict the rights of employers, schools, day care centers, adult care 16 facilities, health care facilities, or correctional facilities to prohibit or regulate conduct 17 otherwise allowed under sections 196.3000 to 196.3048 if such conduct occurs on or in 18 properties listed under this subdivision; 19 (7) Restrict the ability of an individual, partnership, limited liability company, 20 private corporation, private entity, or private organization of any character that 21 occupies, owns, or controls property to prohibit or regulate conduct otherwise allowed 22 in this section on or in such property; 23 (8) Prohibit this state or a political subdivision of this state from prohibiting or 24 regulating conduct otherwise allowed under sections 196.3000 to 196.3048 when such 25 conduct occurs on or in property that is occupied, owned, controlled, or operated by this 26 state or a political subdivision of this state; or 27 (9) Require a person to violate federal law or to implement or fail to implement a 28 restriction on the possession, consumption, displaying, transferring, processing, 29 manufacturing, or cultivation of marijuana if by doing so the person will lose a 30 monetary or licensing-related benefit under federal law. 196.3009. 1. The following acts shall not be unlawful and shall not be an offense 2 under Missouri law: 3 (1) Possessing or consuming marijuana or marijuana products for personal use; 4 (2) For any person twenty-one years of age or older, cultivating or possessing no 5 more than twelve mature, flowering marijuana plants for noncommercial, personal use. 6 Any person twenty-one years of age or older may contract with a commercial grower to 7 grow his or her allotment of marijuana plants for noncommercial, personal use. The 8 authority shall set fines for any person who exceeds the limitation under this subdivision 9 if the person has not obtained a temporary or annual marijuana business license; 10 (3) Cultivating, harvesting, processing, manufacturing, packaging, distributing, 11 transferring, displaying, or possessing marijuana, marijuana accessories, or marijuana HB 2704 38 12 products for commercial purposes, provided the person has current applicable licensing 13 to operate a marijuana business; 14 (4) Providing marijuana, marijuana accessories, or marijuana products for sale 15 to consumers twenty-one years of age or older; and 16 (5) Leasing or otherwise allowing the use of property owned, occupied, or 17 controlled by any person, corporation, or other entity for any of the activities conducted 18 lawfully in accordance with subdivisions (1) to (4) of this subsection. 19 2. The use or possession of marijuana shall in no way impede on a person's legal 20 right to possess a firearm. 196.3012. Notwithstanding any provision of law, it shall be lawful for a person 2 twenty-one years of age or older, or an emancipated individual under twenty-one years 3 of age with a physician's recommendation authorizing the use of marijuana, to transfer 4 or gift marijuana in any form including, but not limited to, plant material, seeds, 5 extract, or concentrate, to another adult twenty-one years of age or older, or to another 6 emancipated individual under twenty-one years of age with a physician's 7 recommendation authorizing the use of marijuana, provided no compensation of any 8 kind is given or received; however, nothing in this section shall be construed to permit 9 the transfer or gifting of marijuana to a person under twenty-one years of age, if such 10 person has a physician's recommendation authorizing the use of marijuana, by anyone 11 other than such person's legal guardian, under and in accordance with the provisions 12 governing the medically authorized administration of marijuana to a person under 13 twenty-one years of age. 196.3015. Marijuana farmers, manufacturers, processors, and distributors shall 2 not be subject to any special zoning requirement or licensing fee that is excessive, 3 discriminatory, prohibitive, or in any way contrary to that which is relative to any other 4 commercial or agricultural farmer, manufacturer, processor, or distributor. 196.3018. 1. No Missouri law enforcement personnel or state funds shall be used 2 to assist or aid in the enforcement of federal marijuana laws involving acts that are no 3 longer illegal in the state of Missouri under sections 196.3000 to 196.3048. 4 2. Asset or civil forfeiture shall no longer be used in the state of Missouri in 5 association with legal marijuana cultivation, use, sale, or possession. 6 3. As provided under section 610.135, Missouri's courts shall expunge conviction 7 records of offenses or municipal violations pertaining to nonviolent marijuana-related 8 offenses or violations that are no longer illegal in the state of Missouri under sections 9 196.3000 to 196.3048. 196.3021. 1. A tax shall be levied upon the sale of marijuana or marijuana 2 products to consumers or buyers not licensed for resale at a rate not to exceed twelve HB 2704 39 3 percent. The department of revenue shall direct the authority to establish procedures 4 for the collection of all taxes levied. The tax shall be evidenced by stamps that shall be 5 furnished by and purchased from the department of revenue, and the department of 6 revenue shall enforce any such tax in a manner similar to taxes levied on cigarettes 7 under chapter 149. 8 2. All tax revenues collected under subsection 1 of this section shall be deposited 9 in the cannabis freedom fund established under section 196.3045. Moneys in the fund 10 shall be used to pay for the direct and indirect costs associated with the implementation, 11 administration, and enforcement of sections 196.3000 to 196.3048. 12 3. Any excess moneys remaining in the fund after all costs under subsection 2 of 13 this section have been paid shall be divided equally between teachers' salaries, first 14 responders' pensions, and the Missouri veterans commission. 15 4. Nothing in this section shall prohibit state and local sales tax as imposed under 16 the sales tax law and local sales tax law. 17 5. Any sale of marijuana for medical use shall not be subject to taxation under 18 this section. 196.3024. All provisions of sections 196.3000 to 196.3048 shall supersede any 2 conflicting city, county, or state statute, local charter, ordinance, or resolution. 196.3027. 1. There is hereby established the "Cannabis Enforcement Authority" 2 under the department. The authority shall have oversight and auditing responsibilities 3 to ensure that all marijuana being grown in Missouri for personal use is accounted for 4 and shall implement an inventory tracking system as provided under subsection 2 of this 5 section. The authority shall require that each marijuana business keep records for 6 every transaction with another marijuana business or consumer. Inventory shall be 7 tracked and updated after each individual sale and reported to the authority. 8 2. The authority shall require a seed-to-sale tracking system that tracks 9 marijuana from either seed or immature plant stage until the marijuana or marijuana 10 product is sold to a consumer at a marijuana business to ensure that no marijuana 11 grown or processed is sold or otherwise transferred except by a marijuana business. 12 The authority shall contract with a vendor or vendors to maintain a standardized 13 tracking system in the state. The tracking system shall include, at a minimum, the 14 following: 15 (1) Notification of when marijuana seeds are planted; 16 (2) Notification of when marijuana plants are harvested and destroyed; 17 (3) Notification of when marijuana is transported, sold, stolen, diverted, or lost; HB 2704 40 18 (4) A complete inventory of all marijuana seeds, plant tissue, clones, plants, 19 usable marijuana or trim, leaves, and other plant matter, batches of extract, and 20 marijuana concentrates; 21 (5) All samples sent to a testing laboratory, an unused portion of a sample 22 returned to a licensee, and all samples utilized by a licensee for purposes of negotiating a 23 sale; and 24 (6) All samples used for quality testing by a licensee. 196.3029. 1. As used in this section, "temporary marijuana business license" 2 means a conditional license that authorizes the licensee to engage in commercial 3 marijuana activities as would be permitted under the privileges of an annual marijuana 4 business license under section 196.3030. A temporary marijuana business licensee shall 5 follow all applicable rules and regulations as would be required if the licensee held an 6 annual license under section 196.3030. 7 2. Beginning August 28, 2022, the authority shall require all persons or entities 8 seeking licensure under section 196.3030 as a marijuana commercial grower, marijuana 9 processor, marijuana retailer, or marijuana transporter to first apply for a temporary 10 marijuana business license. 11 3. A temporary marijuana business license shall not obligate the authority to 12 issue an annual marijuana business license under section 196.3030 nor does the 13 temporary marijuana business license create a vested right in the license holder to either 14 an extension of the temporary marijuana business license or to the granting of a 15 subsequent annual marijuana business license. 16 4. A temporary marijuana business license issued under this section shall be 17 valid for one hundred eighty days from the effective date of the license. 18 5. A temporary marijuana business license may be extended by the authority for 19 an additional ninety days but shall not exceed eighteen months if an application for an 20 annual marijuana business license has been submitted to the authority prior to the 21 initial expiration date of the temporary marijuana business license and the authority 22 determines that the application and required documentation submitted by the applicant 23 for an annual marijuana business license is deficient in some manner. 24 6. The authority shall review temporary marijuana business license applications 25 and conduct all investigations, inspections, and interviews, including a site inspection, 26 before approving the application for an annual marijuana business license under section 27 196.3030. 196.3030. 1. There is hereby created the marijuana business license, which shall 2 include applications for the following categories: 3 (1) Marijuana commercial growers; HB 2704 41 4 (2) Marijuana processors; 5 (3) Marijuana retailers; 6 (4) Marijuana sellers; and 7 (5) Marijuana transporters, as provided under section 196.3032. 8 2. The authority, with the aid of the office of administration, shall develop a 9 website for marijuana business applications. 10 3. The authority shall determine an application fee for a marijuana business 11 license in an amount sufficient to cover administration, regulation, and enforcement 12 costs associated under sections 196.3000 to 196.3048, and the fee shall be deposited into 13 the cannabis freedom fund established under section 196.3045. 14 4. All applicants seeking licensure as a marijuana business shall comply with the 15 following general requirements: 16 (1) All applications shall contain the name and address of the applicant; 17 (2) All applications shall contain the name, address, and global positioning 18 system coordinates and the legal description of the property for commercial growers 19 and marijuana processors; 20 (3) All applications for licenses authorized under this section shall be made upon 21 forms prescribed by the authority; 22 (4) Each application shall identify the city or county in which the applicant seeks 23 to obtain licensure as a marijuana business; 24 (5) Applicants shall submit a complete application to the authority before the 25 application may be accepted or considered; 26 (6) All applications shall be complete and accurate; 27 (7) All applications shall include all attachments or supplemental information 28 required by the forms supplied by the authority; 29 (8) All applications shall be accompanied by a full remittance for the entire 30 amount of the application fees; 31 (9) All applicants shall be approved for licensing review that, at a minimum, 32 meet the following criteria: 33 (a) All applicants shall be twenty-one years of age or older; and 34 (b) All applying individuals or entities shall be registered to conduct business in 35 the state of Missouri; 36 (10) There shall be no limit to the number of marijuana business licenses or 37 categories that an individual or entity can apply for or receive; however, each 38 application and each category under subsection 1 of this section shall require a separate 39 application and application fee. A marijuana commercial grower, marijuana processor, HB 2704 42 40 and marijuana retailer shall be authorized to share the same address or physical 41 location, subject to the restrictions set forth by the authority; 42 (11) All applicants for a marijuana business license, authorized under sections 43 196.3000 to 196.3048, shall undergo a Missouri criminal background check within thirty 44 days prior to applying for the license, including: 45 (a) Individual applicants applying on their own behalf; 46 (b) Individuals applying on behalf of an entity; 47 (c) All principal officers of an entity; and 48 (d) All owners of an entity; 49 (12) All applicable fees charged for the criminal background check are the 50 responsibility of the applicant and shall not be higher than fees charged to any other 51 person or industry for such background check; 52 (13) All applicants shall establish their identity through submission of a color 53 copy or digital image of one of the following unexpired documents: 54 (a) Front and back of a Missouri driver's license; 55 (b) Front and back of a Missouri identification card; or 56 (c) A United States passport or other photo identification issued by the United 57 States government; and 58 (14) All applicants shall submit an applicant photograph. 59 5. The authority shall review the marijuana business license application, 60 approve or reject the application, and mail the approval, rejection, or status-update 61 letter to the applicant within ninety days of receipt of the application. 62 6. (1) The authority shall review the marijuana business applications and 63 conduct all investigations, inspections, and interviews before approving an application. 64 (2) Approved applicants shall be issued a marijuana business license for the 65 specific category applied under, which shall act as proof of the applicant's approved 66 status. Rejection letters shall provide a reason for the rejection. Applications shall be 67 rejected based only on the applicant not meeting the standards set forth under the 68 provisions of this section, improper completion of the application, or for a reason 69 provided for under sections 196.3000 to 196.3048. If an application is rejected for 70 failure to provide the required information, the applicant shall have thirty days to 71 submit the required information for reconsideration. No additional application fee shall 72 be charged for such reconsideration. 73 (3) Status-update letters shall provide a reason for delay in either approval or 74 rejection if a situation arise in which an application was submitted properly but a delay 75 in processing the application occurred. HB 2704 43 76 (4) An approval, rejection, or a status-update letters shall be sent to the 77 applicant in the same method the application was submitted to the authority. 78 7. A license provided under this section shall not be issued until all relevant local 79 licenses and permits have been issued by the municipality including, but not limited to, 80 an occupancy permit or certificate of compliance. 81 8. In the event an applicant has not received the necessary permits, certificates, 82 or licenses from a municipality but the applicant has fulfilled all other obligations 83 required under this section, the authority shall grant a conditional license. A 84 conditional license shall remain valid for a period of one year or until the applicant 85 obtains the necessary local permits, certificates, or licenses. An applicant shall not 86 transfer any marijuana or marijuana products to a marijuana business or consumer 87 until approval is received from the authority. 88 9. A marijuana business license shall not be issued to or held by: 89 (1) A person until all required fees have been paid; 90 (2) A person under twenty-one years of age; 91 (3) A person licensed under this section who, during a period of licensure or at 92 the time of application, has failed to: 93 (a) File taxes, interest, or penalties due related to a marijuana business; or 94 (b) Pay taxes, interest, or penalties due related to a marijuana business. 95 10. In investigating the qualifications of an applicant or a licensee, the authority 96 may have access to criminal history record information furnished by a criminal justice 97 agency, subject to any restrictions imposed by such an agency. In the event the 98 authority considers the criminal history record of the applicant, the authority shall also 99 consider any information provided by the applicant regarding such criminal history 100 record including, but not limited to, evidence of rehabilitation, character references, and 101 educational achievements, and those items pertaining to the period of time between the 102 last criminal conviction of the applicant and the consideration of the application for a 103 state license. 104 11. The failure of an applicant to provide the requested information by the 105 authority's deadline may be grounds for denial of the application. 106 12. All applicants shall submit information to the authority in a full, faithful, 107 truthful, and fair manner. The authority may recommend denial of an application if the 108 applicant made misstatements, omissions, misrepresentations, or untruths in the 109 application or in connection with the background investigation of the applicant. Such 110 conduct may be considered as the basis for additional administrative action against the 111 applicant. Typos and scrivener's errors shall not be grounds for denial. HB 2704 44 112 13. A licensed marijuana business premises shall be subject to and responsible 113 for compliance with applicable provisions for marijuana business facilities as described 114 in the most recent versions of the International Building Code and the International 115 Fire Code, unless granted an exemption by the authority or a municipality. 116 14. All marijuana business licensees shall pay the relevant licensure fees prior to 117 receiving licensure to operate a marijuana business, as provided under this section, for 118 each category of license. 119 15. A marijuana business that attempts to renew its license after the expiration 120 date of the license shall pay a late renewal fee in an amount to be determined by the 121 authority to reinstate the license. Late renewal fees are nonrefundable. A license that 122 has been expired for more than ninety days shall not be renewed. 196.3031. 1. In addition to the general requirements under sections 196.3029 2 and 196.3030, a person or entity applying for a temporary marijuana business license 3 under section 196.3029 or applying to renew an annual marijuana business license 4 under section 196.3030 shall submit the following to the authority: 5 (1) Business-formation documents, which may include, but are not limited to, 6 articles of incorporation, operating agreements, partnership agreements, and fictitious 7 business name statements; 8 (2) Financial information pertaining to the operations of the marijuana business, 9 which shall include the following: 10 (a) A list of funds belonging to the applicant held in savings, checking, or other 11 accounts maintained by a financial institution. The applicant shall provide for each 12 account the name of the financial institution, the address of the financial institution, 13 account type, account number, and the amount of moneys in the account; 14 (b) A list of loans made to the applicant. For each loan, the applicant shall 15 provide the amount of the loan; the date of the loan; term of the loan; security provided 16 for the loan; and the name, address, and phone number of the lender; 17 (c) A list of investments made into the marijuana business. For each investment, 18 the applicant shall provide the amount of the investment; the date of the investment; 19 term of the investment; and the name, address, and phone number of the investor; 20 (d) A list of all gifts of any kind given to the applicant for the applicant's use in 21 conducting marijuana business activities. For each gift, the applicant shall provide the 22 value of the gift or description of the gift and the name, address, and phone number of 23 the provider of the gift; 24 (e) A complete list of every individual who has a financial interest in the 25 marijuana business but is not an owner of the marijuana business; HB 2704 45 26 (f) Whether the applicant has an ownership or a financial interest in any other 27 marijuana business licensed in Missouri; and 28 (g) A complete and detailed diagram of the proposed premises. The diagram 29 shall be to scale and shall show the following: 30 a. Boundaries of the property and the proposed premises to be licensed, 31 including all boundaries, dimensions, entrances and exits, interior partitions, walls, 32 rooms, windows, doorways, and common or shared entryways. A brief statement or 33 description of the principal activity to be conducted therein shall also be included; 34 b. The location of marijuana business activities that will take place in each area 35 of the premises and the identification of limited-access areas; 36 c. Where all cameras are located and a number assigned to each camera for 37 identification purposes; and 38 d. If the proposed premises consists of only a portion of the property, which part 39 of the property is the proposed premises, and the use of the remaining property. 40 2. If the applicant is not the landowner of the real property upon which the 41 premises is located, the applicant shall provide to the authority a document from the 42 landowner or the agent of the landowner that states that the applicant has the right to 43 occupy the property and acknowledges the applicant may use the property for 44 marijuana business activities for which the applicant is applying for licensure. An 45 applicant shall also provide a copy of the rental agreement, as applicable. 46 3. If the applicant is the landowner of the real property upon which the premises 47 is located, the applicant shall provide to the authority a copy of the title or deed to the 48 property. 49 4. If the applicant is applying for a marijuana commercial grower license, the 50 applicant shall also submit the following: 51 (1) For indoor and mixed light cultivation, identification of all power sources for 52 cultivation activities including, but not limited to, illumination, heating, cooling, and 53 ventilation; 54 (2) If the applicant is proposing to use a diversion from a waterbody, 55 groundwater well, or rain catchment system as a water source for cultivation, the 56 following locations on the property diagram with locations also provided as GPS 57 coordinates in latitude and longitude: 58 (a) Sources of the water used, including the location of waterbody diversion; 59 (b) Pump location and distribution system; and 60 (c) Location, type, and capacity of each storage unit to be used for cultivation; 61 (3) A proposed cultivation plan, which shall include identification of all water 62 sources used for cultivation activities; HB 2704 46 63 (4) Evidence of insurance including, but not limited to: 64 (a) General liability insurance; 65 (b) Workers' compensation insurance; and 66 (c) Product liability insurance; and 67 (5) Any additional information required by the authority. 68 5. The authority may reject an application for an annual marijuana business 69 license under section 196.3030 if the requirements for the marijuana business license or 70 the provisions of this section are not satisfied. 71 6. The following violations shall be grounds for denial of a temporary or annual 72 marijuana license under this section: 73 (1) Unlawful sales or purchases; 74 (2) Any fraudulent acts, falsification of records, or misrepresentation to the 75 authority; 76 (3) Any grossly inaccurate or fraudulent reporting; 77 (4) Threatening or harming any marijuana patient, caregiver, consumer, 78 medical practitioner, or employee of the authority; 79 (5) Knowingly or intentionally refusing to permit the authority access to the 80 premises or records; 81 (6) Using a prohibited, hazardous substance for processing in a residential area; 82 (7) Criminal acts relating to the operation of a marijuana business; or 83 (8) Any violation that endangers public health and safety or product safety. 84 7. The authority may recommend denial of an application if the applicant or 85 licensee made misstatements, omissions, misrepresentations, or untruths in the 86 application or in connection with the background investigation of the applicant. 87 Such conduct may be grounds for administrative action against the applicant or 88 licensee. The criminal background of an applicant, as long as it does not include any 89 violations under this section or section 196.3029 or 196.3030, shall not be used solely as 90 grounds for denial of an application. 91 8. A licensed marijuana commercial grower shall sell only at the wholesale level 92 to a licensed marijuana retailer, a licensed marijuana grower, or a licensed marijuana 93 processor. 94 9. A licensed marijuana commercial grower shall be required to complete and 95 submit a monthly yield and sales report to the authority. The report shall be due on the 96 fifteenth of each month and provide reporting for the previous month. The report shall 97 detail the amount of marijuana harvested in pounds, the amount of drying or dried 98 marijuana on hand, the amount of marijuana sold to licensed processors in pounds, the 99 amount of waste in pounds, and the amount of marijuana sold to licensed marijuana HB 2704 47 100 dispensaries in pounds. Additionally, the report shall show total wholesale sales in 101 dollars. 102 10. Up to two times a year, the authority may inspect a growing operation and 103 determine the operation's compliance with this section and section 196.3029 or 196.3030. 104 If a deficiency is found, a written report of the deficiency shall be issued to the licensed 105 marijuana commercial grower. The licensed marijuana commercial grower shall have 106 one month to correct the deficiency or be subject to fines as determined by the authority. 107 11. The authority shall have oversight and auditing responsibilities to ensure 108 that all marijuana being grown by a licensed marijuana commercial grower is 109 accounted for. 110 12. The authority shall be authorized to issue the following types of temporary 111 or annual marijuana processor licenses based on the level of risk posed by the type of 112 processing conducted: 113 (1) A nonhazardous marijuana processor license; or 114 (2) A hazardous marijuana processor license. 115 13. A licensed marijuana processor may take marijuana plants and distill or 116 process such plants into concentrates, edibles, and other forms for consumption. 117 14. The authority shall make available a set of standards that shall be used by 118 licensed marijuana processors in the preparation of edible marijuana products within 119 sixty days of the enactment of this section. The standards should be in line with current 120 food preparation guidelines. No excessive or punitive rules may be established by the 121 authority. 122 15. Up to two times per year, the authority may inspect a processing operation 123 and determine the operation's compliance with the preparation standards. If a 124 deficiency is found, a written report of the deficiency shall be issued to the licensed 125 marijuana processor. The licensed marijuana processor shall have one month to correct 126 the deficiency or be subject to fines as determined by the authority. 127 16. A licensed marijuana processor may sell marijuana products the processor 128 creates to a licensed marijuana dispensary or any other licensed marijuana processor. 129 All sales by a licensed marijuana commercial grower or marijuana processor shall be 130 considered wholesale sales and shall not be subject to taxation. 131 17. For a fee, a licensed marijuana processor may process cannabis into a 132 concentrated form for a medical marijuana patient or for an adult-use grower. 133 18. A licensed marijuana processor shall be required to complete and submit a 134 monthly yield and sales report to the authority. The report shall be due on the fifteenth 135 of each month and shall provide reporting for the previous month. The report shall 136 detail the amount of marijuana and marijuana products purchased in pounds, the HB 2704 48 137 amount of marijuana cooked or processed in pounds, and the amount of waste in 138 pounds. Additionally, the report shall show total wholesale sales in dollars. The 139 authority shall have oversight and auditing responsibilities to ensure that all marijuana 140 being processed is accounted for. 141 19. The authority shall oversee the inspection and compliance of licensed 142 marijuana processors producing products with marijuana as an additive. The authority 143 shall, within thirty days of August 28, 2022, appoint twelve Missouri residents to the 144 "Marijuana Advisory Council", which is hereby established, who are marijuana 145 industry experts, to create a list of food safety standards for growing, processing, and 146 handling marijuana in Missouri. The standards shall be adopted by the authority, and 147 the authority may enforce the standards for licensed marijuana processors. The 148 authority shall develop a standards review procedure, and the standards may be altered 149 by calling another council consisting of twelve marijuana industry experts. A member 150 of either council shall not have ownership interest in or be an employee of a medical 151 marijuana entity licensed under Article XIV of the Constitution of Missouri. A signed 152 letter of twenty operating, licensed processors shall constitute a need for a new council 153 and standards review. 196.3032. 1. A temporary marijuana transporter license or an annual 2 marijuana transporter license shall be issued to qualifying applicants for a marijuana 3 retail dispensary, marijuana commercial grower, or marijuana processor license. The 4 temporary or annual marijuana transporter license shall be issued at the time of 5 approval of a retail, temporary or annual marijuana business license. The fees for the 6 temporary or annual marijuana transporter license shall be paid by the applicant as 7 determined by the authority. 8 2. A marijuana transporter license shall allow the holder to transport marijuana 9 from a Missouri-licensed marijuana retailer, licensed marijuana commercial grower 10 facility, or licensed marijuana processor facility to a Missouri-licensed marijuana 11 retailer, licensed marijuana commercial grower facility, or licensed marijuana 12 processing facility. 13 3. All marijuana or marijuana products shall be transported in a locked 14 container and clearly labeled "Marijuana or Derivative". 15 4. No marijuana business shall possess, sell, or transfer marijuana or marijuana 16 products without a valid, unexpired marijuana transporter license issued by the 17 authority. 18 5. A marijuana transporter license shall be valid for one year and shall not be 19 transferred with a change of ownership. A licensed marijuana transporter shall be HB 2704 49 20 responsible for all marijuana, marijuana concentrate, and marijuana products once the 21 transporter takes control of the product. 22 6. A marijuana transporter license shall be required for any person or entity to 23 transport or transfer marijuana, marijuana concentrate, or marijuana products from a 24 licensed marijuana business to another marijuana business. 25 7. A marijuana transporter licensee may contract with multiple licensed 26 marijuana businesses. 27 8. A marijuana transporter may maintain a licensed premises to temporarily 28 store marijuana, marijuana concentrate, and marijuana products and to use as a 29 centralized distribution point. A marijuana transporter may store and distribute 30 marijuana, marijuana concentrate, and marijuana products from the licensed premises. 31 The licensed premises shall meet all security requirements determined by the authority. 32 9. A marijuana transporter licensee shall use the seed-to-sale tracking system 33 developed under section 196.3030 to create shipping manifests documenting the 34 transport of marijuana, marijuana concentrate, and marijuana products throughout 35 the state. 36 10. A licensed marijuana transporter may maintain and operate one or more 37 warehouses in the state to handle marijuana, marijuana concentrate, and marijuana 38 products. Each warehouse shall be registered and inspected by the authority prior to its 39 use and shall meet all security requirements determined by the authority. 40 11. With the exception of a lawful transfer between marijuana businesses that 41 are licensed to operate at the same physical address, all marijuana, marijuana 42 concentrate, and marijuana products shall be transported: 43 (1) In a vehicle equipped with a global positioning system (GPS) tracker; 44 (2) In a locked container clearly labeled "Marijuana or Derivative"; and 45 (3) In a secured area of the vehicle that is not accessible by the driver during 46 transit. 47 12. A marijuana transporter agent may possess marijuana at any location while 48 the marijuana transporter agent is transferring marijuana to or from a licensed 49 marijuana business. The department shall administer and enforce the provisions of this 50 section concerning transportation. 51 13. The authority shall issue a marijuana transporter agent license to individual 52 agents, employees, officers, or owners of a marijuana transporter license in order for the 53 individual to qualify to transport marijuana, marijuana concentrate, or marijuana 54 products. 55 14. The annual fee for a marijuana transporter agent license shall be twenty-five 56 dollars and shall be paid by the marijuana transporter license holder or the individual HB 2704 50 57 applicant. Marijuana transporter license reprints shall be twenty dollars. The 58 authority shall issue each marijuana transporter agent a registry identification card 59 within thirty days of receipt of the name, address, and date of birth of the person. 60 15. A registry identification card for a marijuana transporter shall expire one 61 year after the date of issuance or upon notification from the holder of the marijuana 62 transporter license that the marijuana transporter agent ceases to work as a marijuana 63 transporter. 64 16. The department may revoke the registry identification card of a marijuana 65 transporter agent who knowingly violates any provision of this section, and the 66 marijuana transporter shall be subject to any other penalties established by law for the 67 violation. The department may revoke or suspend the marijuana transporter license of 68 a marijuana transporter that the department determines knowingly aided or facilitated 69 a violation of any provision of this section, and the license holder shall be subject to any 70 other penalties established in law for the violation. 71 17. Vehicles used in the transport of marijuana or marijuana products shall: 72 (1) Be insured at or above the legal requirements in Missouri; 73 (2) Be capable of securing marijuana during transport; and 74 (3) Contain a shipping container capable of securing all transported products. 75 18. Prior to the transport of any marijuana, marijuana concentrate, or 76 marijuana product, an inventory manifest shall be prepared at the origination point of 77 the marijuana. The inventory manifest shall include the following information: 78 (1) For the origination point of the marijuana: 79 (a) The license number for the commercial grower, processor, or retailer; 80 (b) The address of the origination of transport; and 81 (c) The name and contact information for the originating licensee; 82 (2) For the end-recipient license holder of the marijuana: 83 (a) The license number for the retailer, commercial grower, and processor; 84 (b) The address of the destination; and 85 (c) The name and contact information for the destination licensee; 86 (3) Quantities by weight or unit of each type of marijuana product contained in 87 the transport; 88 (4) The date of the transport and the approximate time of departure; 89 (5) The arrival date and the estimated time of arrival; 90 (6) Printed names and signatures of the personnel accompanying the transport; 91 and 92 (7) Notation of the transporting licensee. HB 2704 51 93 19. A separate inventory manifest shall be prepared for each licensee receiving 94 the marijuana. 95 20. The marijuana transporter agent shall provide the other marijuana business 96 with a copy of the inventory manifest at the time the product changes hands and after 97 the other licensee prints his or her name and signs the inventory manifest. 98 21. A receiving licensee shall refuse to accept any marijuana, marijuana 99 concentrate, or marijuana product that is not accompanied by an inventory manifest. 100 22. Originating and receiving licensees shall maintain copies of inventory 101 manifests and logs of quantities of marijuana received for three years from the date of 102 receipt. 196.3033. In addition to the application requirements under section 196.3030, a 2 marijuana commercial grower or marijuana processor shall demonstrate to the 3 authority that the grower or processor has a bank account and shall provide growth 4 estimates, processing estimates, and predicted electrical and water usage to grow or 5 process marijuana. 196.3036. After August 28, 2024: 2 (1) An entity that was awarded a medical marijuana business license by the 3 department of health and senior services may apply for a marijuana business license 4 under section 196.3030; and 5 (2) An entity may concurrently submit an application to obtain a license for a 6 medical marijuana dispensary facility and license for a marijuana business. 196.3039. 1. The authority shall by rule create a statewide hospitality business 2 license that allows a business including, but not limited to, a lodge establishment as 3 defined under section 315.005, bar, or restaurant, to sell marijuana or marijuana 4 products for consumption on the premises or a catering business to sell marijuana or 5 marijuana products at a private event. 6 2. The authority shall maintain a list of businesses licensed under this section. 7 3. Businesses that are licensed under this section shall: 8 (1) Confirm that guests who desire to consume marijuana or marijuana 9 products are twenty-one years of age or older; 10 (2) Post a notice at all entrances declaring that marijuana or marijuana 11 products may be consumed on the premises; and 12 (3) Ensure that areas and rooms where marijuana or marijuana products may 13 be consumed are located twenty feet or more from areas that do not allow such 14 consumption or ensure that marijuana or marijuana product consumption is restricted 15 to a floor or floors that are specifically designated for the consumption of such products. 16 A lodging establishment licensed under this section that allows consumption at any HB 2704 52 17 location on the establishment's premises shall be exempt from the requirements of this 18 subdivision. 19 4. (1) The authority shall determine a fee for a license issued under this section 20 in an amount sufficient to cover the administration, regulation, and enforcement costs 21 under sections 196.3000 to 196.3048. 22 (2) A business seeking licensure under this section shall submit an application to 23 the authority with the fee in a form and manner determined by the authority. The 24 application shall require the business include a written description, blueprints, or 25 similar information that communicates to the authority that the business is in 26 compliance with the requirements of this section. 27 (3) The hospitality business license issued under this section shall be valid for 28 two years after the date of issuance. 29 5. (1) Any business that does not have a hospitality business license under this 30 section and that knowingly allows guests or consumers to consume marijuana or 31 marijuana products on its premises shall be subject to a fine in the amount of one 32 thousand dollars for a first offense. A second offense shall result in a fine in the amount 33 of two thousand dollars. A third or subsequent offense shall result in a fine in the 34 amount of five thousand dollars. In addition to a fine, a fourth offense shall result in a 35 one-week suspension of a license issued to the business by the applicable municipal or 36 county governing body, if any such license exists. 37 (2) Any business licensed under this section that has not posted notice as 38 required under subdivision (2) of subsection 3 of this section shall be subject to a fine in 39 the amount of one hundred dollars for the first offense. A second offense shall result in 40 a fine in the amount of two hundred dollars. A third offense shall result in a fine in the 41 amount of five hundred dollars. A fourth offense shall result in the loss of the business's 42 license issued under this section for a period of one year. After one year, the business 43 shall be eligible to reapply for a license issued under this section. 44 (3) Any business licensed under this section that does not comply with the 45 requirements under subdivision (3) of subsection 3 of this section shall be subject to a 46 fine in the amount of one hundred dollars for the first offense. A second offense shall 47 result in a fine of two hundred dollars. A third offense shall result in a fine of three 48 hundred dollars. A fourth offense shall result in the loss of the business's license issued 49 under this section for a period of one year. After one year, the business shall be eligible 50 to reapply for such license. 196.3042. If marijuana is decriminalized on a federal level, any licensed 2 marijuana business in this state may engage in interstate commerce, and the state may 3 enter into any interstate compact or agreement relating to marijuana. HB 2704 53 196.3045. 1. There is hereby created in the state treasury the "Cannabis 2 Freedom Fund", which shall consist of moneys collected under sections 196.3021 and 3 196.3030, subsection 14 of section 196.3032, and subsection 4 of section 196.3039. The 4 state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 5 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated 6 fund and, upon appropriation, moneys in this fund shall be used solely as provided in 7 section 196.3021. 8 2. Notwithstanding the provisions of section 33.080 to the contrary, any moneys 9 remaining in the fund at the end of the biennium shall not revert to the credit of the 10 general revenue fund. 11 3. The state treasurer shall invest moneys in the fund in the same manner as 12 other funds are invested. Any interest and moneys earned on such investments shall be 13 credited to the fund. 196.3048. The authority shall promulgate all necessary rules and regulations for 2 the administration of sections 196.3000 to 196.3048. Any rule or portion of a rule, as 3 that term is defined in section 536.010, that is created under the authority delegated in 4 this section shall become effective only if it complies with and is subject to all of the 5 provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 6 536 are nonseverable, and if any of the powers vested with the general assembly 7 pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul 8 a rule are subsequently held unconstitutional, then the grant of rulemaking authority 9 and any rule proposed or adopted after August 28, 2022, shall be invalid and void. 362.033. 1. The division of finance shall not prohibit, penalize, take any adverse 2 action against, or otherwise discourage a bank or trust company from providing 3 financial services to a facility licensed or certified under Article XIV, Section 1 of the 4 Constitution of Missouri or to any service provider to such a facility or to a business 5 licensed under sections 196.3000 to 196.3048. 6 2. Nothing in this chapter shall require a bank or trust company to provide 7 financial services to a facility licensed or certified under Article XIV, Section 1 of the 8 Constitution of Missouri or to any service provider to such a facility or to a business 9 licensed under sections 196.3000 to 196.3048. 10 3. Nothing in this chapter shall be construed in any way as limiting or otherwise 11 restricting the general examination, supervisory, or enforcement authority of the 12 division of finance over any bank or trust company, provided that the basis for any 13 examination or supervisory or enforcement action is not solely the provision of financial 14 services to a facility licensed or certified under Article XIV, Section 1 of the Constitution HB 2704 54 15 of Missouri or to any service provider to such a facility or to a business licensed under 16 sections 196.3000 to 196.3048. 17 4. As used in this section, the following terms mean: 18 (1) "Financial services", receiving the savings of, making loans to, depositing the 19 funds of, or investing funds; 20 (2) "Service provider", a business, organization, person, or entity that: 21 (a) Sells goods or services to an entity; or 22 (b) Provides any business services including, but not limited to, the sale or lease 23 of real property or other property; accounting, legal, or other licensed services; or other 24 ancillary service, to an entity. 362.105. 1. Every bank and trust company created under the laws of this state may 2 for a fee or other consideration, directly or through a subsidiary company, and upon 3 complying with any applicable licensing statute: 4 (1) Conduct the business of receiving money on deposit and allowing interest thereon 5 not exceeding the legal rate or without allowing interest thereon, and of buying and selling 6 exchange, gold, silver, coin of all kinds, uncurrent money, of loaning money upon real estate 7 or personal property, and upon collateral of personal security at a rate of interest not 8 exceeding that allowed by law, and also of buying, investing in, selling and discounting 9 negotiable and nonnegotiable paper of all kinds, including bonds as well as all kinds of 10 commercial paper; and for all loans and discounts made, the corporation may receive and 11 retain the interest in advance; 12 (2) Accept for payment, at a future date, drafts drawn upon it by its customers and to 13 issue letters of credit authorizing the holders thereof to draw drafts upon it or upon its 14 correspondents at sight or on time not exceeding one year; provided, that no bank or trust 15 company shall incur liabilities under this subdivision to an amount equal at any time in the 16 aggregate to more than its paid-up and unimpaired capital stock and surplus fund, except with 17 the approval of the director under such general regulations as to amount of acceptances as the 18 director may prescribe; 19 (3) Purchase and hold, for the purpose of becoming a member of a Federal Reserve 20 Bank, so much of the capital stock thereof as will qualify it for membership in the reserve 21 bank pursuant to an act of Congress, approved December 23, 1913, entitled "The Federal 22 Reserve Act" and any amendments thereto; to become a member of the Federal Reserve 23 Bank, and to have and exercise all powers, not in conflict with the laws of this state, which are 24 conferred upon any member by the Federal Reserve Act and any amendments thereto. The 25 member bank or trust company and its directors, officers and stockholders shall continue to be 26 subject, however, to all liabilities and duties imposed upon them by any law of this state and 27 to all the provisions of this chapter relating to banks or trust companies; HB 2704 55 28 (4) Subscribe for and purchase such stock in the Federal Deposit Insurance 29 Corporation and to make such payments to and to make such deposits with the Federal 30 Deposit Insurance Corporation and to pay such assessments made by such corporation as will 31 enable the bank or trust company to obtain the benefits of the insurance of deposits under the 32 act of Congress known as "The Banking Act of 1933" and any amendments thereto; 33 (5) Invest in a bank service corporation as defined by the act of Congress known as 34 the "Bank Service [Corporation] Company Act", Public Law 87-856, as approved October 35 23, 1962, to the same extent as provided by that act or any amendment thereto; 36 (6) Hold a noncontrolling equity interest in any business entity that conducts only 37 activities that are financial in nature or incidental to financial activity or that is established 38 pursuant to subdivision (16) of this subsection where the majority of the stock or other 39 interest is held by Missouri banks, Missouri trust companies, national banks located in 40 Missouri, or any foreign bank with a branch or branches in Missouri, or any combination of 41 these financial institutions; provided that if the entity is defined pursuant to Missouri law as 42 any type of financial institution subsidiary or other type of entity subject to special conditions 43 or regulations, those conditions and regulations shall remain applicable, and provided that 44 such business entity may be formed as any type of business entity, in which each investor's 45 liability is limited to the investment in and loans to the business entity as otherwise provided 46 by law; 47 (7) Receive upon deposit for safekeeping personal property of every description, and 48 to own or control a safety vault and rent the boxes therein; 49 (8) Purchase and hold the stock of one safe deposit company organized and existing 50 under the laws of the state of Missouri and doing a safe deposit business on premises owned 51 or leased by the bank or trust company at the main banking house and any branch operated by 52 the bank or trust company; provided, that the purchasing and holding of the stock is first duly 53 authorized by resolution of the board of directors of the bank or trust company and by the 54 written approval of the director, and that all of the shares of the safe deposit company shall be 55 purchased and held, and shall not be sold or transferred except as a whole and not be pledged 56 at all, all sales or transfers or pledges in violation hereof to be void; 57 (9) Act as the fiscal or transfer agent of the United States, of any state, municipality, 58 body politic or corporation and in such capacity to receive and disburse money, to transfer, 59 register and countersign certificates of stock, bonds and other evidences of indebtedness; 60 (10) Acquire or convey real property for the following purposes: 61 (a) Real property conveyed to it in satisfaction or part satisfaction of debts previously 62 contracted in the course of its business; 63 (b) Real property purchased at sales under judgment, decrees or liens held by it; and HB 2704 56 64 (c) Real property purchased or leased by a bank for the purpose of leasing or 65 subleasing that property to a public entity including, but not limited to, government buildings, 66 municipal buildings, school buildings and grounds, and public hospitals. The bank shall only 67 lease the property to a public entity that has sufficient resources to make all rental payments 68 as the payments become due. The lease agreement shall provide that, upon the expiration of 69 the lease, the public entity will become the owner of the real property and any building or 70 facility located thereon. No bank shall purchase or lease real estate for this purpose if the 71 purchase or lease will exceed the bank's lending limit under section 362.170; 72 (11) Purchase, hold and become the owner and lessor of personal property acquired 73 upon the specific request of and for use of a customer; and, in addition, leases that neither 74 anticipate full purchase price repayment on the leased asset, nor require the lease to cover the 75 physical life of the asset, other than those for motor vehicles which will not be used by bank 76 or trust company personnel, and may incur such additional obligations as may be incident to 77 becoming an owner and lessor of the property, subject to the following limitations: 78 (a) Lease transactions do not result in loans for the purpose of section 362.170, but 79 the total amount disbursed under leasing obligations or rentals by any bank to any person, 80 partnership, association, or corporation shall at no time exceed the legal loan limit permitted 81 by statute except upon the written approval of the director of finance; and 82 (b) Lease payments are in the nature of rent rather than interest, and the provisions of 83 chapter 408 are not applicable; 84 (12) Contract with another bank or trust company, bank service corporation or other 85 partnership, corporation, association or person, within or without the state, to render or 86 receive any banking or trust services authorized under this chapter such as check and deposit 87 sorting and posting, computation and posting of interest and other credits and charges, 88 preparation and mailing of checks, statements, notices, and similar items, or any other 89 clerical, bookkeeping, accounting, statistical, financial counseling, or similar services, or the 90 storage, transmitting or processing of any information or data. Any person or entity that 91 provides, by contract or otherwise, such services to a bank or trust company, other than an 92 entity that is a founding member and is represented on the executive committee of the 93 Payment Card Industry Security Standards Council and that is examined and regulated under 94 the Bank Service Company Act (12 U.S.C. Sections 1861 to [1867(c)] 1867) or any successor 95 statute by an appropriate federal banking agency, shall be subject to examination by the 96 division of finance to the same extent as if the service was being performed by the bank or 97 trust company on its own premises. Each bank or trust company under the jurisdiction of the 98 division of finance shall provide a list of all persons or entities providing services to the bank 99 or trust company; HB 2704 57 100 (13) Purchase and hold stock in a corporation whose only purpose is to purchase, 101 lease, hold or convey real property of a character which the bank or trust company holding 102 stock in the corporation could itself purchase, lease, hold or convey pursuant to the provisions 103 of subdivision (10) of this subsection; provided, the purchase and holding of the stock is first 104 duly authorized by resolution of the board of directors of the bank or trust company and that 105 all of the shares of the corporation shall be purchased and held by the bank or trust company 106 and shall not be sold or transferred except as a whole; 107 (14) Purchase and sell investment securities, without recourse, solely upon order and 108 for the account of customers; and establish and maintain one or more mutual funds and offer 109 to the public shares or participations therein. Any bank which engages in such activity shall 110 comply with all provisions of chapter 409 regarding the licensing and registration of sales 111 personnel for mutual funds so offered, provided that such banks shall register as a broker- 112 dealer with the office of the commissioner of securities and shall consent to supervision and 113 inspection by that office and shall be subject to the continuing jurisdiction of that office; 114 (15) Make debt or equity investments in corporations or projects, whether for profit 115 or not for profit, designed to promote the development of the community and its welfare, 116 provided that the aggregate investment in all such corporations and in all such projects does 117 not exceed five percent of the unimpaired capital of the bank, and provided that this limitation 118 shall not apply to loans made under the authority of other provisions of law, and other 119 provisions of law shall not limit this subdivision; [and] 120 (16) Offer through one or more subsidiaries any products and services which a 121 national bank may offer through its financial subsidiaries, subject to the limitations that are 122 applicable to national bank financial subsidiaries, and provided such bank or trust company 123 meets the division of finance safety and soundness considerations. This subdivision is 124 enacted to provide in part competitive equality with national banks' powers under the Gramm- 125 Leach-Bliley Act of 1999, Public Law 106-102; and 126 (17) Receive the savings of, make loans to, deposit the funds of, and invest funds 127 of customers who operate as a facility licensed or certified under Article XIV, Section 1 128 of the Constitution of Missouri or who operate as a business licensed under sections 129 196.3000 to 196.3048. No bank or trust company acting in accordance with this 130 subdivision shall be liable under state law for contracting with a facility licensed or 131 certified under Article XIV, Section 1 of the Constitution of Missouri or a business 132 licensed under sections 196.3000 to 196.3048. 133 2. In addition to the power and authorities granted in subsection 1 of this section, and 134 notwithstanding any limitations therein, a bank or trust company may: 135 (1) Purchase or lease, in an amount not exceeding its legal loan limit, real property 136 and improvements thereto suitable for the convenient conduct of its functions. The bank may HB 2704 58 137 derive income from renting or leasing such real property or improvements or both. If the 138 purchase or lease of such real property or improvements exceeds the legal loan limit or is 139 from an officer, director, employee, affiliate, principal shareholder or a related interest of such 140 person, prior approval shall be obtained from the director of finance; and 141 (2) Loan money on real estate as defined in section 442.010, and handle escrows, 142 settlements and closings on real estate for the benefit of the bank's customers, as a core part of 143 the banking business, notwithstanding any other provision of law to the contrary. 144 3. In addition to the powers and authorities granted in subsection 1 of this section, 145 every trust company created under the laws of this state shall be authorized and empowered 146 to: 147 (1) Receive money in trust and to accumulate the same at such rate of interest as may 148 be obtained or agreed upon, or to allow such interest thereon as may be prescribed or agreed; 149 (2) Accept and execute all such trusts and perform such duties of every description as 150 may be committed to it by any person or persons whatsoever, or any corporation, and act as 151 assignee, receiver, trustee and depositary, and to accept and execute all such trusts and 152 perform such duties of every description as may be committed or transferred to it by order, 153 judgment or decree of any courts of record of this state or other states, or of the United States; 154 (3) Take, accept and hold, by the order, judgment or decree of any court of this state, 155 or of any other state, or of the United States, or by gift, grant, assignment, transfer, devise or 156 bequest of any person or corporation, any real or personal property in trust, and to execute and 157 perform any and all the legal and lawful trusts in regard to the same upon the terms, 158 conditions, limitations and restrictions which may be declared, imposed, established or agreed 159 upon in and by the order, judgment, decree, gift, grant, assignment, transfer, devise or 160 bequest; 161 (4) Buy, invest in and sell all kinds of stocks or other investment securities; 162 (5) Execute, as principal or surety, any bond or bonds required by law to be given in 163 any proceeding, in law or equity, in any of the courts of this state or other states, or of the 164 United States; 165 (6) Act as trustee, personal representative, or conservator or in any other like 166 fiduciary capacity; and 167 (7) Act as attorney-in-fact or agent of any person or corporation, foreign or domestic, 168 in the management and control of real or personal property, the sale or conveyance of same, 169 the investment of money, and for any other lawful purpose. 170 4. (1) In addition to the powers and authorities granted in this section, the director of 171 finance may, from time to time, with the approval of the state banking and savings and loan 172 board, issue orders granting such other powers and authorities as have been granted to 173 financial institutions subject to the supervision of the federal government to: HB 2704 59 174 (a) State-chartered banks and trust companies which are necessary to enable such 175 banks and trust companies to compete; 176 (b) State-chartered banks and trust companies to establish branches to the same extent 177 that federal law permits national banks to establish branches; 178 (c) Subsidiaries of state-chartered banks and trust companies to the same extent 179 powers are granted to national bank subsidiaries to enable such banks and trust companies to 180 compete; and 181 (d) State-chartered banks and trust companies to establish trust representative offices 182 to the same extent national banks are permitted such offices[; and]. 183 (2) The orders shall be promulgated as provided in section 361.105 and shall not be 184 inconsistent with the constitution and the laws of this state. 185 5. As used in this section, the term "subsidiary" shall include one or more business 186 entities of which the bank or trust company is the owner, provided the owner's liability is 187 limited by the investment in and loans to the subsidiary as otherwise provided for by law. 188 6. A bank or trust company to which authority is granted by regulation in subsection 4 189 of this section, based on the population of the political subdivision, may continue to exercise 190 such authority for up to five years after the appropriate decennial census indicates that the 191 population of the town in which such bank or trust company is located has exceeded the limits 192 provided for by regulation pursuant to subsection 4 of this section. 369.144. Each association incorporated pursuant to or operating under the provisions 2 of sections 369.010 to 369.369 has all the powers enumerated, authorized, and permitted by 3 sections 369.010 to 369.369 and such other rights, privileges, and powers as may be 4 incidental to or reasonably necessary to exercise such powers granted herein. Among others, 5 and except as otherwise limited by the provisions of sections 369.010 to 369.369, each 6 association has the following powers: 7 (1) To have perpetual existence; to adopt and use a corporate seal, which may be 8 affixed by imprint, facsimile, or otherwise; and to adopt and amend bylaws as provided in 9 sections 369.010 to 369.369; 10 (2) To sue and be sued, complain and defend in any court of law or equity; 11 (3) To acquire, hold, sell, dispose of and convey real and personal property; and to 12 mortgage, pledge, or lease any real or personal property in the exercise of the powers granted 13 herein; provided, however, that such leasing activities are limited to the extent permitted a 14 federal association; 15 (4) To borrow from sources, individual or corporate. All such loans and advances 16 may be secured by property of the association, and may be evidenced by such notes, bonds, 17 debentures, or other obligations or securities as the director of the division of finance may 18 authorize for all associations; HB 2704 60 19 (5) To obtain and maintain insurance of its accounts by the Federal Deposit Insurance 20 Corporation or any successor thereto, or by any agency of this state insuring accounts in 21 associations, or by any other insurer approved by the director of the division of finance, and 22 may comply with conditions necessary to obtain and maintain such insurance; 23 (6) To qualify as and become a member of a Federal Home Loan Bank; 24 (7) In addition to the powers and authorities granted in this section, the director of the 25 division of finance may, from time to time, with the approval of the state banking and savings 26 and loan board, issue regulations granting such other powers and authorities as have been 27 granted to federal associations subject to the supervision of the Office of Thrift Supervision or 28 any successor thereto which are necessary to enable associations to compete. The regulations 29 shall be promulgated as provided in this chapter and shall not be inconsistent with the 30 constitution and laws of this state; 31 (8) To appoint officers, agents, and employees as its business shall require and to 32 provide them suitable compensation; to enter into employment contracts not to exceed five 33 years in duration; to provide for life, health and casualty insurance for officers, employees 34 and directors who are not officers, and to adopt and operate reasonable bonus plans, 35 retirement benefits and deferred compensation plans for such officers and employees; to 36 adopt and operate stock option and similar incentive compensation programs by capital stock 37 associations; and to provide for indemnification of its officers, employees and directors as 38 prescribed or permitted by sections 369.010 to 369.369 whether by insurance or otherwise; 39 (9) To become a member of, deal with, or make reasonable payments or contributions 40 to any organization to the extent that such organization assists in furthering or facilitating the 41 association's purposes, powers or community responsibilities, and to comply with any 42 reasonable conditions of eligibility; 43 (10) To sell money orders, travel checks and similar instruments drawn by it on its 44 commercial bank accounts, accounts it has with the district Federal Home Loan Bank or as 45 agent for any organization empowered to sell such instruments through agents within the 46 state; 47 (11) When an association is a member of a Federal Home Loan Bank, to act as fiscal 48 agent of the United States, and, when so designated by the Secretary of the Treasury, to 49 perform, under such regulations as the Secretary may prescribe, all such reasonable duties as 50 fiscal agents for the United States as the Secretary may require; and to act as agent for any 51 instrumentality of the United States and as agent of this state or any instrumentality thereof; 52 (12) To service loans and investments for others; 53 (13) When an association is insured, to act as trustee of any trust created or organized 54 in the United States and forming part of a stock bonus, pension, or profit-sharing plan which 55 qualifies or qualified for specific tax treatment under section 401(d) of the Internal Revenue HB 2704 61 56 Code of 1954 as amended, if the funds of such trust are invested only in accounts or deposits 57 in such association or in obligations or securities issued by such association. All funds held in 58 such fiduciary capacity by any such association may be commingled for appropriate purposes 59 of investment, but individual records shall be kept by the fiduciary for each participant and 60 shall show in proper detail all transactions engaged in under the authority of this subdivision; 61 (14) To act as agent for others in any transaction incidental to the operation of its 62 business; 63 (15) To accept deposits, and to lend and invest its funds as provided in sections 64 369.010 to 369.369; 65 (16) To use abbreviations, words or symbols in connection with any document of any 66 nature and on checks, proxies, notices and other instruments, which abbreviations, words, or 67 symbols shall have the same force and legal effect as though the respective words and phrases 68 for which they stand were set forth in full; 69 (17) To act as custodian or keeper of microfilm records of other savings associations 70 or place microfilm records of the association for storage and safekeeping with another 71 association; 72 (18) To make donations in reasonable amounts for the public welfare or for 73 charitable, scientific, religious, or educational purposes; 74 (19) To act as agent for any electric, gas, water, telephone or other public utility 75 company operating within this state in receiving moneys due such company for utility 76 services furnished by such company; 77 (20) To enter into agreements with others to supply data processing services and for 78 the use of data processing equipment owned or controlled by the association; and 79 (21) To receive the savings of, make loans to, deposit the funds of, and invest 80 funds of customers who operate as a facility licensed or certified under Article XIV, 81 Section 1 of the Constitution of Missouri or as a business licensed under sections 82 196.3000 to 196.3048. No association acting in accordance with this subdivision shall be 83 liable under state law for contracting with a facility licensed or certified under Article 84 XIV, Section 1 of the Constitution of Missouri or a business licensed under sections 85 196.3000 to 196.3048. 369.326. 1. The division of finance shall not prohibit, penalize, take any adverse 2 action against, or otherwise discourage an association from providing financial services 3 to a facility licensed or certified under Article XIV, Section 1 of the Constitution of 4 Missouri or to any service provider to such a facility or to a business licensed under 5 sections 196.3000 to 196.3048. 6 2. Nothing in this chapter shall require an association to provide financial 7 services to a facility licensed or certified under Article XIV, Section 1 of the Constitution HB 2704 62 8 of Missouri or to any service provider to such a facility or to a business licensed under 9 sections 196.3000 to 196.3048. 10 3. Nothing in this chapter shall be construed in any way as limiting or otherwise 11 restricting the general examination, supervisory, or enforcement authority of the 12 division of finance over any association, provided that the basis for any examination or 13 supervisory or enforcement action is not solely the provision of financial services to a 14 facility licensed or certified under Article XIV, Section 1 of the Constitution of Missouri 15 or to any service provider to such a facility or to a business licensed under sections 16 196.3000 to 196.3048. 17 4. As used in this section, the following terms mean: 18 (1) "Financial services", receiving the savings of, making loans to, depositing the 19 funds of, or investing funds; 20 (2) "Service provider", a business, organization, person, or entity that: 21 (a) Sells goods or services to an entity; or 22 (b) Provides any business services including, but not limited to, the sale or lease 23 of real property or other property; accounting, legal, or other licensed services; or other 24 ancillary service, to an entity. 370.064. 1. The division of credit unions shall not prohibit, penalize, take any 2 adverse action against, or otherwise discourage a credit union from providing financial 3 services to a facility licensed or certified under Article XIV, Section 1 of the Constitution 4 of Missouri or to any service provider to such a facility or to a business licensed under 5 sections 196.3000 to 196.3048. 6 2. Nothing in this chapter shall require a credit union to provide financial 7 services to a facility licensed or certified under Article XIV, Section 1 of the Constitution 8 of Missouri or to any service provider to such a facility or to a business licensed under 9 sections 196.3000 to 196.3048. 10 3. Nothing in this chapter shall be construed in any way as limiting or otherwise 11 restricting the general examination, supervisory, or enforcement authority of the 12 division of credit unions over any credit union, provided that the basis for any 13 examination or supervisory or enforcement action is not solely the provision of financial 14 services to a facility licensed or certified under Article XIV, Section 1 of the Constitution 15 of Missouri or to any service provider to such a facility or to a business licensed under 16 sections 196.3000 to 196.3048. 17 4. As used in this section, the following terms mean: 18 (1) "Financial services", receiving the savings of, making loans to, depositing the 19 funds of, or investing funds; 20 (2) "Service provider", a business, organization, person, or entity that: HB 2704 63 21 (a) Sells goods or services to an entity; or 22 (b) Provides any business services including, but not limited to, the sale or lease 23 of real property or other property; accounting, legal, or other licensed services; or other 24 ancillary service, to an entity. 370.070. A credit union has the following powers: 2 (1) To receive the savings of its members in payment for shares; and in addition to 3 membership shares and general shares, there may also be created various classes of special 4 shares, which special shares, notwithstanding any other provisions of this chapter, may be 5 issued upon such terms, rates of interest and conditions as the board of directors may provide; 6 (2) To make loans to members; 7 (3) To deposit its funds and purchase certificates of deposit in state and national 8 banks; 9 (4) To invest its funds in securities as provided in this chapter. The funds of the credit 10 union shall be used first, however, for loans to members in the way and manner hereinafter 11 provided, and preference shall be given to the small loan in the event the available funds do 12 not permit all loans which have been approved by the credit committee; 13 (5) To purchase, hold and dispose of property, real and personal, necessary and 14 incidental to its operation. Any property, real or personal, not used in the business but 15 acquired by way of pledge or foreclosure in the collection of loans or accounts, may be held 16 by the credit union, provided any real estate so acquired shall be sold by it within six years 17 from the date on which it was acquired; 18 (6) To purchase insurance for the benefit of the credit union and its members; 19 (7) To make contracts, sue and be sued; 20 (8) With the approval of the director of the division of credit unions, to make loans to 21 other credit unions, in the total amount not exceeding twenty percent of its capital, surplus 22 and reserve funds; 23 (9) To provide for such special thrift accounts on such terms and conditions as the 24 board of directors may determine not inconsistent with the bylaws; 25 (10) With the prior approval of the director of the division of credit unions, to provide 26 to members fiscal and financial services, including temporary services to bona fide members 27 of other credit unions, and to exercise such other incidental powers as are granted to general 28 business corporations organized under the laws of this state, including such powers as are 29 convenient or useful to enable it to promote and carry on most effectively its purposes, and all 30 at a fee to be determined by the board of directors; 31 (11) To participate with another lender or other lenders in making loans. Such loans 32 may be made on a secured or unsecured basis upon such terms and conditions as the board of 33 directors of the credit union shall authorize; HB 2704 64 34 (12) To purchase from or sell to other lenders or holders of loans any loan or loan 35 participation interest in loans made by another lender; 36 (13) To lend, in an amount not to exceed two percent of the shares and deposits of the 37 credit union, to any credit union association of which the credit union is a member or any 38 subsidiary of such credit union association; and 39 (14) To receive the savings of, make loans to, deposit the funds of, and invest 40 funds of members who operate as a facility licensed or certified under Article XIV, 41 Section 1 of the Constitution of Missouri or as a business licensed under sections 42 196.3000 to 196.3048. No credit union acting in accordance with this subdivision shall 43 be liable under state law for contracting with a facility licensed or certified under 44 Article XIV, Section 1 of the Constitution of Missouri or a business licensed under 45 sections 196.3000 to 196.3048. 487.205. 1. As used in this section, "medical marijuana" means the use of 2 medical marijuana in compliance with Article XIV of the Constitution of Missouri by a 3 qualified patient with a valid medical marijuana certification. 4 2. A family court participant shall not be required to refrain from using or 5 consuming marijuana or marijuana products in accordance with sections 196.3000 to 6 196.3048 or medical marijuana in accordance with Article XIV, Section 1 of the 7 Constitution of Missouri as a term or condition of successful completion of the family 8 court program. 9 3. A family court participant who is a qualified patient with a valid medical 10 marijuana certification shall not be in violation of the terms or conditions of the family 11 court on the basis of his or her participation in Missouri's medical marijuana program. 12 A family court participant who uses or consumes marijuana or marijuana products in 13 accordance with sections 196.3000 to 196.3048 shall not be in violation of the terms or 14 conditions of the family court. 15 4. The status and conduct of a qualified patient who acts in accordance with 16 Article XIV, Section 1 of the Constitution of Missouri or a person who acts in 17 accordance with sections 196.3000 to 196.3048 shall not, by itself, be used to restrict or 18 abridge custodial or parental rights to minor children in any action or proceeding under 19 the jurisdiction of a family court under this chapter or a juvenile court under chapter 20 211. 544.186. Notwithstanding any provision of law, the odor of marijuana alone shall 2 not provide a law enforcement officer with probable cause to conduct a warrantless 3 search of a motor vehicle, home, or other private property. 557.059. 1. Any conviction, remaining sentence, ongoing supervision, or unpaid 2 court-ordered restitution of any person who on August 28, 2022, is or will be serving a HB 2704 65 3 sentence of incarceration, probation, parole, or other form of community supervision as 4 a result of the person's conviction of an offense or municipal violation involving a 5 nonviolent marijuana-related offense or violation that was committed prior to obtaining 6 a patient identification card under Article XIV, Section 1 of the Constitution of 7 Missouri, or prior to the enactment of sections 196.3000 to 196.3048 shall have the 8 conviction, remaining sentence, ongoing supervision, or unpaid court-ordered 9 restitution vacated if the person files a petition in the court in which the person was 10 convicted of the offense or violation. 11 2. If the court determines, after hearing, that a person has been issued a patient 12 identification card under Article XIV, Section 1 of the Constitution of Missouri or was 13 convicted of an offense or municipal violation that is no longer an offense or violation 14 because of the enactment of sections 196.3000 to 196.3048, the offense or municipal 15 violation is a nonviolent marijuana-related offense, and the offense or municipal 16 violation occurred within the state of Missouri prior to the issuance of the patient 17 identification card or the enactment of sections 196.3000 to 196.3048, the court shall 18 enter an order vacating the conviction, remaining sentence, ongoing supervision, or 19 unpaid court-ordered restitution. 559.023. Notwithstanding any provision of law, the lawful possession or use of 2 marijuana or marijuana products as authorized under sections 196.3000 to 196.3048 or 3 Article XIV, Section 1 of the Constitution of Missouri shall not result in any punitive 4 action with regard to such person's probation or parole status. No condition of 5 probation or parole shall consist of restricting the possession or use of marijuana or 6 marijuana products, and no revocation or extension of probation or parole shall be 7 imposed as a consequence of the lawful possession or use of marijuana or marijuana 8 products under the laws of this state. 579.015. 1. A person commits the offense of possession of a controlled substance if 2 he or she knowingly possesses a controlled substance, except as authorized by this chapter or 3 chapter 195. 4 2. The offense of possession of any controlled substance except thirty-five grams or 5 less of [marijuana or] any synthetic cannabinoid is a class D felony. 6 3. The offense of possession of more than ten grams but thirty-five grams or less of 7 [marijuana or] any synthetic cannabinoid is a class A misdemeanor. 8 4. The offense of possession of not more than ten grams of [marijuana or] any 9 synthetic cannabinoid is a class D misdemeanor. If the defendant has previously been found 10 guilty of any offense of the laws related to controlled substances of this state, or of the United 11 States, or any state, territory, or district, the offense is a class A misdemeanor. Prior findings 12 of guilt shall be pleaded and proven in the same manner as required by section 558.021. HB 2704 66 13 5. In any complaint, information, or indictment, and in any action or proceeding 14 brought for the enforcement of any provision of this chapter or chapter 195, it shall not be 15 necessary to include any exception, excuse, proviso, or exemption contained in this chapter or 16 chapter 195, and the burden of proof of any such exception, excuse, proviso or exemption 17 shall be upon the defendant. 579.020. 1. A person commits the offense of delivery of a controlled substance if, 2 except as authorized in this chapter or chapter 195, he or she: 3 (1) Knowingly distributes or delivers a controlled substance; 4 (2) Attempts to distribute or deliver a controlled substance; 5 (3) Knowingly possesses a controlled substance with the intent to distribute or deliver 6 any amount of a controlled substance; or 7 (4) Knowingly permits a minor to purchase or transport illegally obtained controlled 8 substances. 9 2. Except when the controlled substance is thirty-five grams or less of [marijuana or] 10 synthetic cannabinoid or as otherwise provided under subsection 5 of this section, the offense 11 of delivery of a controlled substance is a class C felony. 12 3. Except as otherwise provided under subsection 4 of this section, the offense of 13 delivery of thirty-five grams or less of [marijuana or] synthetic cannabinoid is a class E 14 felony. 15 4. The offense of delivery of thirty-five grams or less of [marijuana or] synthetic 16 cannabinoid to a person less than seventeen years of age who is at least two years younger 17 than the defendant is a class C felony. 18 5. The offense of delivery of a controlled substance is a class B felony if: 19 (1) The delivery or distribution is any amount of a controlled substance except thirty- 20 five grams or less of [marijuana or] synthetic cannabinoid, to a person less than seventeen 21 years of age who is at least two years younger than the defendant; or 22 (2) The person knowingly permits a minor to purchase or transport illegally obtained 23 controlled substances. 579.030. 1. A person commits the offense of distribution of a controlled substance in 2 a protected location if he or she knowingly distributes, sells, or delivers any controlled 3 substance, except thirty-five grams or less of [marijuana or] synthetic cannabinoid, to a 4 person with knowledge that that distribution, delivery, or sale is: 5 (1) In, on, or within two thousand feet of, the real property comprising a public or 6 private elementary, vocational, or secondary school, or on any school bus; or 7 (2) In, on, or within one thousand feet of, the real property comprising a public park, 8 state park, county park, municipal park, or private park designed for public recreational 9 purposes, as park is defined in section 253.010; or HB 2704 67 10 (3) In or on the real property comprising public housing or other governmental 11 assisted housing. 12 2. The offense of unlawful distribution of a controlled substance in a protected 13 location is a class A felony. 579.055. 1. A person commits the offense of manufacture of a controlled substance 2 if, except as authorized in this chapter or chapter 195, he or she: 3 (1) Knowingly manufactures, produces, or grows a controlled substance; 4 (2) Attempts to manufacture, produce, or grow a controlled substance; or 5 (3) Knowingly possesses a controlled substance with the intent to manufacture, 6 produce, or grow any amount of controlled substance. 7 2. The offense of manufacturing or attempting to manufacture any amount of 8 controlled substance is a class B felony when committed within two thousand feet of the real 9 property comprising a public or private elementary, vocational, or secondary school, 10 community college, college, or university. It is a class A felony if a person has suffered 11 serious physical injury or has died as a result of a fire or explosion started in an attempt by the 12 defendant to produce methamphetamine. 13 3. The offense of manufacturing or attempting to manufacture any amount of a 14 controlled substance, except thirty-five grams or less of [marijuana or] synthetic cannabinoid, 15 is a class C felony. 16 4. The offense of manufacturing thirty-five grams or less of [marijuana or] synthetic 17 cannabinoid is a class E felony. 579.065. 1. A person commits the offense of trafficking drugs in the first degree if, 2 except as authorized by this chapter or chapter 195, such person knowingly distributes, 3 delivers, manufactures, or produces or attempts to distribute, deliver, manufacture, or 4 produce: 5 (1) More than thirty grams of a mixture or substance containing a detectable amount 6 of heroin; 7 (2) More than one hundred fifty grams of a mixture or substance containing a 8 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 9 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 10 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 11 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 12 any quantity of any of the foregoing substances; 13 (3) More than eight grams of a mixture or substance described in subdivision (2) of 14 this subsection which contains cocaine base; 15 (4) More than five hundred milligrams of a mixture or substance containing a 16 detectable amount of lysergic acid diethylamide (LSD); HB 2704 68 17 (5) More than thirty grams of a mixture or substance containing a detectable amount 18 of phencyclidine (PCP); 19 (6) More than four grams of phencyclidine; 20 (7) [More than thirty kilograms of a mixture or substance containing marijuana; 21 (8)] More than thirty grams of any material, compound, mixture, or preparation 22 containing any quantity of the following substances having a stimulant effect on the central 23 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 24 methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine 25 and its salts; or methylphenidate; 26 [(9)] (8) More than thirty grams of any material, compound, mixture, or preparation 27 which contains any quantity of 3,4-methylenedioxymethamphetamine; 28 [(10)] (9) One gram or more of flunitrazepam for the first offense; 29 [(11)] (10) Any amount of gamma-hydroxybutyric acid for the first offense; or 30 [(12)] (11) More than ten milligrams of fentanyl or carfentanil, or any derivative 31 thereof, or any combination thereof, or any compound, mixture, or substance containing a 32 detectable amount of fentanyl or carfentanil, or their optical isomers or analogues. 33 2. The offense of trafficking drugs in the first degree is a class B felony. 34 3. The offense of trafficking drugs in the first degree is a class A felony if the quantity 35 involved is: 36 (1) Ninety grams or more of a mixture or substance containing a detectable amount of 37 heroin; or 38 (2) Four hundred fifty grams or more of a mixture or substance containing a 39 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 40 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 41 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 42 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 43 any quantity of any of the foregoing substances; or 44 (3) Twenty-four grams or more of a mixture or substance described in subdivision (2) 45 of this subsection which contains cocaine base; or 46 (4) One gram or more of a mixture or substance containing a detectable amount of 47 lysergic acid diethylamide (LSD); or 48 (5) Ninety grams or more of a mixture or substance containing a detectable amount of 49 phencyclidine (PCP); or 50 (6) Twelve grams or more of phencyclidine; or 51 (7) [One hundred kilograms or more of a mixture or substance containing marijuana; 52 or HB 2704 69 53 (8)] Ninety grams or more of any material, compound, mixture, or preparation 54 containing any quantity of the following substances having a stimulant effect on the central 55 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 56 methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine 57 and its salts; or methylphenidate; or 58 [(9)] (8) More than thirty grams of any material, compound, mixture, or preparation 59 containing any quantity of the following substances having a stimulant effect on the central 60 nervous system: amphetamine, its salts, optical isomers, and salts of its optical isomers; 61 methamphetamine, its salts, optical isomers, and salts of its optical isomers; phenmetrazine 62 and its salts; or methylphenidate, and the location of the offense was within two thousand feet 63 of real property comprising a public or private elementary, vocational, or secondary school, 64 college, community college, university, or any school bus, in or on the real property 65 comprising public housing or any other governmental assisted housing, or within a motor 66 vehicle, or in any structure or building which contains rooms furnished for the 67 accommodation or lodging of guests, and kept, used, maintained, advertised, or held out to 68 the public as a place where sleeping accommodations are sought for pay or compensation to 69 transient guests or permanent guests; or 70 [(10)] (9) Ninety grams or more of any material, compound, mixture or preparation 71 which contains any quantity of 3,4-methylenedioxymethamphetamine; or 72 [(11)] (10) More than thirty grams of any material, compound, mixture, or 73 preparation which contains any quantity of 3,4-methylenedioxymethamphetamine and the 74 location of the offense was within two thousand feet of real property comprising a public or 75 private elementary, vocational, or secondary school, college, community college, university, 76 or any school bus, in or on the real property comprising public housing or any other 77 governmental assisted housing, within a motor vehicle, or in any structure or building which 78 contains rooms furnished for the accommodation or lodging of guests, and kept, used, 79 maintained, advertised, or held out to the public as a place where sleeping accommodations 80 are sought for pay or compensation to transient guests or permanent guests; or 81 [(12)] (11) One gram or more of flunitrazepam for a second or subsequent offense; or 82 [(13)] (12) Any amount of gamma-hydroxybutyric acid for a second or subsequent 83 offense; or 84 [(14)] (13) Twenty milligrams or more of fentanyl or carfentanil, or any derivative 85 thereof, or any combination thereof, or any compound, mixture, or substance containing a 86 detectable amount of fentanyl or carfentanil, or their optical isomers or analogues. 579.068. 1. A person commits the offense of trafficking drugs in the second degree 2 if, except as authorized by this chapter or chapter 195, such person knowingly possesses or 3 has under his or her control, purchases or attempts to purchase, or brings into this state: HB 2704 70 4 (1) More than thirty grams of a mixture or substance containing a detectable amount 5 of heroin; 6 (2) More than one hundred fifty grams of a mixture or substance containing a 7 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 8 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 9 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 10 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 11 any quantity of any of the foregoing substances; 12 (3) More than eight grams of a mixture or substance described in subdivision (2) of 13 this subsection which contains cocaine base; 14 (4) More than five hundred milligrams of a mixture or substance containing a 15 detectable amount of lysergic acid diethylamide (LSD); 16 (5) More than thirty grams of a mixture or substance containing a detectable amount 17 of phencyclidine (PCP); 18 (6) More than four grams of phencyclidine; 19 (7) [More than thirty kilograms of a mixture or substance containing marijuana; 20 (8)] More than thirty grams of any material, compound, mixture, or preparation 21 containing any quantity of the following substances having a stimulant effect on the central 22 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 23 methamphetamine, its salts, optical isomers and salts of its optical isomers; phenmetrazine 24 and its salts; or methylphenidate; 25 [(9)] (8) More than thirty grams of any material, compound, mixture, or preparation 26 which contains any quantity of 3,4-methylenedioxymethamphetamine; or 27 [(10)] (9) More than ten milligrams of fentanyl or carfentanil, or any derivative 28 thereof, or any combination thereof, or any compound, mixture, or substance containing a 29 detectable amount of fentanyl or carfentanil, or their optical isomers or analogues. 30 2. The offense of trafficking drugs in the second degree is a class C felony. 31 3. The offense of trafficking drugs in the second degree is a class B felony if the 32 quantity involved is: 33 (1) Ninety grams or more of a mixture or substance containing a detectable amount of 34 heroin; or 35 (2) Four hundred fifty grams or more of a mixture or substance containing a 36 detectable amount of coca leaves, except coca leaves and extracts of coca leaves from which 37 cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine salts 38 and their optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their 39 salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains 40 any quantity of any of the foregoing substances; or HB 2704 71 41 (3) Twenty-four grams or more of a mixture or substance described in subdivision (2) 42 of this subsection which contains cocaine base; or 43 (4) One gram or more of a mixture or substance containing a detectable amount of 44 lysergic acid diethylamide (LSD); or 45 (5) Ninety grams or more of a mixture or substance containing a detectable amount of 46 phencyclidine (PCP); or 47 (6) Twelve grams or more of phencyclidine; or 48 (7) [One hundred kilograms or more of a mixture or substance containing marijuana; 49 or 50 (8) More than five hundred marijuana plants; or 51 (9)] Ninety grams or more but less than four hundred fifty grams of any material, 52 compound, mixture, or preparation containing any quantity of the following substances 53 having a stimulant effect on the central nervous system: amphetamine, its salts, optical 54 isomers and salts of its optical isomers; methamphetamine, its salts, optical isomers and salts 55 of its optical isomers; phenmetrazine and its salts; or methylphenidate; or 56 [(10)] (8) Ninety grams or more but less than four hundred fifty grams of any 57 material, compound, mixture, or preparation which contains any quantity of 3,4- 58 methylenedioxymethamphetamine; or 59 [(11)] (9) Twenty milligrams or more of fentanyl or carfentanil, or any derivative 60 thereof, or any combination thereof, or any compound, mixture, or substance containing a 61 detectable amount of fentanyl or carfentanil, or their optical isomers or analogues. 62 4. The offense of trafficking drugs in the second degree is a class A felony if the 63 quantity involved is four hundred fifty grams or more of any material, compound, mixture or 64 preparation which contains: 65 (1) Any quantity of the following substances having a stimulant effect on the central 66 nervous system: amphetamine, its salts, optical isomers and salts of its optical isomers; 67 methamphetamine, its salts, isomers and salts of its isomers; phenmetrazine and its salts; or 68 methylphenidate; or 69 (2) Any quantity of 3,4-methylenedioxymethamphetamine. 70 5. The offense of drug trafficking in the second degree is a class C felony for the first 71 offense and a class B felony for any second or subsequent offense for the trafficking of less 72 than one gram of flunitrazepam. 579.105. 1. A person commits the offense of keeping or maintaining a public 2 nuisance if he or she knowingly keeps or maintains: 3 (1) Any room, building, structure or inhabitable structure, as defined in section 4 556.061, which is used for the illegal manufacture, distribution, storage, or sale of any HB 2704 72 5 amount of a controlled substance, except [thirty-five grams or less of marijuana or] thirty-five 6 grams or less of any synthetic cannabinoid; or 7 (2) Any room, building, structure or inhabitable structure, as defined in section 8 556.061, where on three or more separate occasions within the period of a year, two or more 9 persons, who were not residents of the room, building, structure, or inhabitable structure, 10 gathered for the principal purpose of unlawfully ingesting, injecting, inhaling, or using any 11 amount of a controlled substance, except [thirty-five grams or less of marijuana or] thirty-five 12 grams or less of any synthetic cannabinoid. 13 2. In addition to any other criminal prosecutions, the prosecuting attorney or circuit 14 attorney may by information or indictment charge the owner or the occupant, or both the 15 owner and the occupant of the room, building, structure, or inhabitable structure with the 16 offense of keeping or maintaining a public nuisance. 17 3. The offense of keeping or maintaining a public nuisance is a class E felony. 18 4. Upon the conviction of the owner pursuant to this section, the room, building, 19 structure, or inhabitable structure is subject to the provisions of sections 513.600 to 513.645. 610.135. 1. Notwithstanding any other provision of law, any person who was 2 convicted of a nonviolent marijuana-related offense or municipal violation prior to 3 obtaining a patient identification card under Article XIV, Section 1 of the Constitution 4 of Missouri or prior to the enactment of sections 196.3000 to 196.3048 may petition the 5 court to have the nonviolent marijuana-related offense or municipal violation expunged 6 so long as the offense or violation was prosecuted under the jurisdiction of a Missouri 7 associate circuit or circuit court or municipal court and all nonviolent marijuana- 8 related offenses are listed in the petition of expungement. 9 2. If the court determines, after hearing, that a person has been issued a patient 10 identification card or was convicted of a nonviolent marijuana-related offense or 11 municipal violation that is no longer an offense or violation because of the enactment of 12 sections 196.3000 to 196.3048, the offense seeking to be expunged is related to the 13 nonviolent marijuana-related offense or violation, and the offense or violation occurred 14 within the state of Missouri, the court shall enter an order for expungement. 15 3. A petition for expungement under this section may be made at any time, 16 provided such offense or violation occurred within the state of Missouri prior to the 17 issuance of a patient identification card or prior to the enactment of sections 196.3000 to 18 196.3048. 19 4. Upon the court's granting the order of expungement under this section, the 20 records and files maintained in any court proceeding in an associate or a circuit division 21 of the circuit court or in a municipal court under this section shall be confidential and 22 available only to the parties or by order of the court for good cause shown. The effect of HB 2704 73 23 expungement under this section shall be to restore such person to the status he or she 24 occupied prior to such arrest, plea, or conviction and as if such event had never taken 25 place. If expungement under this section has been ordered, no such person shall be held 26 thereafter under any provision of any law to be guilty of perjury or otherwise giving a 27 false statement by reason of his or her failure to recite or acknowledge such arrest, plea, 28 trial, conviction, or expungement in response to any inquiry made of him or her for any 29 purpose, and no such inquiry shall be made for information relating to an expungement 30 under this section. 31 5. The provisions of this section shall not be construed to authorize expungement 32 of any conviction or plea of guilty for any offense committed by a commercial driver's 33 license holder that shall result in a violation of 49 CFR 384.226, as amended, or an 34 offense committed by a person while operating a commercial motor vehicle in violation 35 of 49 CFR 391.15. ✔ HB 2704 74