195.015. 1. The department of health and senior services shalladminister sections 195.005 to 195.425 and may add substances to the schedulesafter public notice and hearing. In making a determination regarding asubstance, the department of health and senior services shall consider thefollowing:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiologicaldependence liability; and
(8) Whether the substance is an immediate precursor of a substancealready controlled under sections 195.005 to 195.425.
2. After considering the factors enumerated in subsection 1 of thissection the department of health and senior services shall make findings withrespect thereto and issue a rule controlling the substance if it finds thesubstance has a potential for abuse.
3. If the department of health and senior services designates asubstance as an immediate precursor, substances which are precursors of thecontrolled precursor shall not be subject to control solely because they areprecursors of the controlled precursor.
4. If any substance is designated, rescheduled, or deleted as acontrolled substance under federal law and notice thereof is given to thedepartment of health and senior services, the department of health and seniorservices shall similarly control the substance under sections 195.005 to195.425 after the expiration of thirty days from publication in the federalregister of a final order designating a substance as a controlled substance orrescheduling or deleting a substance, unless within that thirty-day period,the department of health and senior services objects to inclusion,rescheduling, or deletion. In that case, the department of health and seniorservices shall publish the reasons for objection and afford all interestedparties an opportunity to be heard. At the conclusion of the hearing, thedepartment of health and senior services shall publish its decision, whichshall be final unless altered by statute. Upon publication of objection toinclusion, rescheduling or deletion under sections 195.005 to 195.425 by thedepartment of health and senior services, control under sections 195.005 to195.425 is stayed as to the substance in question until the department ofhealth and senior services publishes its decision.
5. The department of health and senior services shall exclude anynonnarcotic substance from a schedule if such substance may, under the federalFood, Drug, and Cosmetic Act and the law of this state, be lawfully sold overthe counter without a prescription.
6. The department of health and senior services shall prepare a list ofall drugs falling within the purview of controlled substances. Uponpreparation, a copy of the list shall be filed in the office of the secretaryof state.
(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58)
(1975) Rescheduling of a controlled substance from schedule III to schedule II by division of health after same action on the federal level was proper and defendant's contention that the division had no authority to subtract or remove a substance was held invalid. State v. Winters (A.), 525 S.W.2d 417.
(1982) Statute providing that if substance is designated as controlled substance under federal law and notice thereof is given to division of health, the division shall also control substance unless it objects and statute does not result in an unlawful delegation of legislative authority. State v. Thompson (Mo.), 627 S.W.2d 298.
195.015. 1. The department of health and senior services shalladminister sections 195.005 to 195.425 and may add substances to the schedulesafter public notice and hearing. In making a determination regarding asubstance, the department of health and senior services shall consider thefollowing:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiologicaldependence liability; and
(8) Whether the substance is an immediate precursor of a substancealready controlled under sections 195.005 to 195.425.
2. After considering the factors enumerated in subsection 1 of thissection the department of health and senior services shall make findings withrespect thereto and issue a rule controlling the substance if it finds thesubstance has a potential for abuse.
3. If the department of health and senior services designates asubstance as an immediate precursor, substances which are precursors of thecontrolled precursor shall not be subject to control solely because they areprecursors of the controlled precursor.
4. If any substance is designated, rescheduled, or deleted as acontrolled substance under federal law and notice thereof is given to thedepartment of health and senior services, the department of health and seniorservices shall similarly control the substance under sections 195.005 to195.425 after the expiration of thirty days from publication in the federalregister of a final order designating a substance as a controlled substance orrescheduling or deleting a substance, unless within that thirty-day period,the department of health and senior services objects to inclusion,rescheduling, or deletion. In that case, the department of health and seniorservices shall publish the reasons for objection and afford all interestedparties an opportunity to be heard. At the conclusion of the hearing, thedepartment of health and senior services shall publish its decision, whichshall be final unless altered by statute. Upon publication of objection toinclusion, rescheduling or deletion under sections 195.005 to 195.425 by thedepartment of health and senior services, control under sections 195.005 to195.425 is stayed as to the substance in question until the department ofhealth and senior services publishes its decision.
5. The department of health and senior services shall exclude anynonnarcotic substance from a schedule if such substance may, under the federalFood, Drug, and Cosmetic Act and the law of this state, be lawfully sold overthe counter without a prescription.
6. The department of health and senior services shall prepare a list ofall drugs falling within the purview of controlled substances. Uponpreparation, a copy of the list shall be filed in the office of the secretaryof state.
(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58)
(1975) Rescheduling of a controlled substance from schedule III to schedule II by division of health after same action on the federal level was proper and defendant's contention that the division had no authority to subtract or remove a substance was held invalid. State v. Winters (A.), 525 S.W.2d 417.
(1982) Statute providing that if substance is designated as controlled substance under federal law and notice thereof is given to division of health, the division shall also control substance unless it objects and statute does not result in an unlawful delegation of legislative authority. State v. Thompson (Mo.), 627 S.W.2d 298.
195.015. 1. The department of health and senior services shalladminister sections 195.005 to 195.425 and may add substances to the schedulesafter public notice and hearing. In making a determination regarding asubstance, the department of health and senior services shall consider thefollowing:
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration, and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiologicaldependence liability; and
(8) Whether the substance is an immediate precursor of a substancealready controlled under sections 195.005 to 195.425.
2. After considering the factors enumerated in subsection 1 of thissection the department of health and senior services shall make findings withrespect thereto and issue a rule controlling the substance if it finds thesubstance has a potential for abuse.
3. If the department of health and senior services designates asubstance as an immediate precursor, substances which are precursors of thecontrolled precursor shall not be subject to control solely because they areprecursors of the controlled precursor.
4. If any substance is designated, rescheduled, or deleted as acontrolled substance under federal law and notice thereof is given to thedepartment of health and senior services, the department of health and seniorservices shall similarly control the substance under sections 195.005 to195.425 after the expiration of thirty days from publication in the federalregister of a final order designating a substance as a controlled substance orrescheduling or deleting a substance, unless within that thirty-day period,the department of health and senior services objects to inclusion,rescheduling, or deletion. In that case, the department of health and seniorservices shall publish the reasons for objection and afford all interestedparties an opportunity to be heard. At the conclusion of the hearing, thedepartment of health and senior services shall publish its decision, whichshall be final unless altered by statute. Upon publication of objection toinclusion, rescheduling or deletion under sections 195.005 to 195.425 by thedepartment of health and senior services, control under sections 195.005 to195.425 is stayed as to the substance in question until the department ofhealth and senior services publishes its decision.
5. The department of health and senior services shall exclude anynonnarcotic substance from a schedule if such substance may, under the federalFood, Drug, and Cosmetic Act and the law of this state, be lawfully sold overthe counter without a prescription.
6. The department of health and senior services shall prepare a list ofall drugs falling within the purview of controlled substances. Uponpreparation, a copy of the list shall be filed in the office of the secretaryof state.
(L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58)
(1975) Rescheduling of a controlled substance from schedule III to schedule II by division of health after same action on the federal level was proper and defendant's contention that the division had no authority to subtract or remove a substance was held invalid. State v. Winters (A.), 525 S.W.2d 417.
(1982) Statute providing that if substance is designated as controlled substance under federal law and notice thereof is given to division of health, the division shall also control substance unless it objects and statute does not result in an unlawful delegation of legislative authority. State v. Thompson (Mo.), 627 S.W.2d 298.
