Adds certain psychoactive substances to the list of Schedule I controlled substances and modifies the offenses of possession of a controlled substance and delivery of a controlled substance
Summary
HB 2828 revises Missouri’s controlled substances schedules and related criminal statutes to address a broad range of psychoactive substances. The bill repeals and reenacts sections 195.017, 579.015, and 579.020, updating Schedule I, II, III, IV, and V listings with extensive additions and technical revisions. In particular, it adds or clarifies coverage for many synthetic opioids, fentanyl-related substances, synthetic cannabinoids, cathinones, hallucinogens, depressants, stimulants, and anabolic steroids, and it preserves or refines exemptions for certain FDA-approved products and industrial hemp-related cannabis distinctions.
Impact
The bill would expand the list of substances treated as controlled drugs under Missouri law, especially by defining “psychoactive substance” to include certain synthetic cannabinoids and related compounds listed in section 195.017. It also changes penalties in chapter 579 by making first-offense possession of a psychoactive substance a class A misdemeanor and repeat possession a class E felony, while making delivery of a psychoactive substance to a person under 18 a class D felony. The measure further updates pharmacy restrictions, recordkeeping, and pseudoephedrine/ephedrine controls, and it directs the Department of Health and Senior Services to maintain and annually republish the schedules.
Sentiment
The available legislative history shows a generally supportive posture toward the bill, with the House committee substitute reported do pass and no recorded votes or transcripted debate in the provided materials. That suggests the measure moved forward without documented public opposition in the available record. The bill’s stated purpose and structure indicate a policy focus on keeping Missouri’s drug schedules current with emerging synthetic drugs and on strengthening enforcement tools.
Contention
The main points of potential contention are the breadth of the scheduling language and the criminal penalties tied to the new “psychoactive substance” category. Because the bill sweeps in a large number of named compounds and structural analogs, concerns could arise about overbreadth, enforcement complexity, and the possibility of capturing substances that may later have legitimate medical or research uses. The pseudoephedrine/ephedrine pharmacy restrictions and the Department’s authority to grant exemptions for products not used in methamphetamine manufacture may also be sensitive for pharmacies, manufacturers, and consumers, though no specific objections are recorded in the provided materials.