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Drug policy of Missouri

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The drug policy of Missouri involves the policies, measures and laws set by the government of Missouri to control substance distribution and abuse.

Former United States senator, John Ashcroft, meeting with Missouri law enforcement to speak about the "Missouri meth crisis", 2000
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To counteract drug abuse in Missouri, the Substance Abuse and Mental Health Services Administration gave two grants worth a total of 66 million dollars to the Missouri Department of Mental Health, to cover building costs of rehabilitation centers.[1] The Department Of Mental Health launched a public education campaign to educate children about prescription drug addiction.[2] SAMHSA also created a drug abuse hotline to help addicts get treatment.[3] The United States government also created the "Keepin' It REAL Program," as a replacement for the D.A.R.E. Program, after it lost funding in 1998.[4] In addition, citizens have reported to the Missouri State Highway Patrol 530,596 people for drug possession from the years of 2001–2014.[5]

Specific drugs

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Alcohol

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Proposal to repeal the Eighteenth Amendment in Missouri, Association Against the Prohibition Amendment, 1921
Main article: Missouri wine

Before Prohibition, Missouri was the second largest wine-producing state in the nation, behind Kansas.[6] Prohibition caused Missouri's economy to take a hit, as large wineries like Stone Hill Winery were shut down during prohibition. Vineyards were also uprooted, making it impossible to resume production in 1933, when alcohol bans were lifted.

There are no dry counties in the state of Missouri. In Missouri's constitution, dry counties are prohibited.[6]

Cannabis

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Main article: Cannabis in Missouri

As of November 6, 2018, medical cannabis is legal in Missouri.[7] Recreational marijuana is legal in Missouri.[8] It was illegal to have both a Medical Card and a concealed carry weapon simultaneously in Missouri, but after state legislators passed a law, it became legal to obtain both.[9]

On December 8, 2022, the 2022 Missouri marijuana legalization initiative led to the legalization of cannabis of up to three ounces.[10] Licenses for ownership of dispensaries began being issued on February 30, 2023. With the legalization of recreational cannabis, Missouri became the 21 state to do so.[11]

The Drug Enforcement Administration labeled cannabis as a schedule 1 drug,[12] but was changed to schedule 3 after article XIV was signed into the Missouri state constitution.

Hallucinogens

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In 2010, 28,498 mentions of hallucinogen possession were recorded by Missouri Department of Health and Senior Services.[13] A bill titled "HB 869" was proposed to the Missouri House of Representatives in January 2023. The bill was promoted by state representative Tony Lovasco. The bill would've loosened the laws against possessing and the use of psilocybin.[14]

Another bill, titled "SB 678", was promoted by Holly Thompson Rehder in February 2024. The bill aimed to legalized the use of psychodelics for therapy of veterans over the age of 21. The bill passed in March.[15][16]

Methamphetamine

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A tablet of benzylpiperazine found in Sikeston, Missouri. The tablet was found to be laced with methamphetamine and caffeine.

As of January 1, 2017, it is illegal to possess more than 24 grams of methamphetamine.[17]

In 2019, Missouri was labeled "America's Meth Production Capital", after a study carried out by rehabs.com found it to have the highest number of meth labs per capita.[18]

The Drug Enforcement Administration labels methamphetamine as a schedule 2 drug.[19]

Nicotine

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Cartoon of a smoking ban in a tram in Kansas City, Missouri, 1 November 1910

As of 2018, Missouri had the tenth highest rate of nicotine usage in the United States; with around 10% of Missourian youth smoking nicotine. If electronic cigarettes are included in the statistic, then the rate of youth nicotine consumption goes up to 20%.[20] As of July 5, 2022, Juul's vapes, except for the flavorless and mint flavors, were banned by the FDA from the entire United States of America.[21]

On December 20, 2019, the Federal Food, Drug, and Cosmetic Act was updated. This changed the minimum legal age to possess nicotine from 18 to 21.[22]

The Drug Enforcement Administration labels nicotine as a schedule 2 drug.[23]

Opioids

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Opioids are the most used illicit drug in the state of Missouri.[24] In 2021, there were 1,582 deaths in the state, this accounts for more than 70% of all drug-related deaths in the year 2021.[25] The state of Missouri has provided naloxone to those experiencing overdose. As of 2023, the kratom plant is unbanned from public possession, for anyone over the age of 18 years old.[25] Similarly, the ingredients required to create purple drank have been more restrictive and heavily regulated, especially cough syrup.

The Drug Enforcement Administration labels opioids as a schedule 2 drug.[26]

 
Interior of a Katz Drug Store in Kansas City, Missouri, c. 1950

Prescription medication

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In 2021, an estimated 235,000 Missourians misused prescription medication in that year.[27] In early 2023, the state government of Missouri issued a statewide prescription monitoring program to all pharmacies in the state. The prescription monitoring program monitors the prescription of everyone, to stop those with a prescription drug addiction from swapping pharmacies to get an early refill on their prescription.[27]

Sentencing

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As of 2017, sentencing for drug possession in Missouri is separated into 5 categories, labelled between the letters A and E.[28]

Class A

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Class A covers:

  1. Possession near protected areas such as schools or public housing,
  2. Meth lab explosions resulting in someone dying or being seriously injured, or
  3. A large quantity of cocaine, heroin, phencyclidine, MDMA, or methamphetamine.

Class A sentences are between 10 and 30 years.[28]

Class B

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Class B covers:

  1. Transporting controlled substances to minors,
  2. A medium quantity of cocaine, heroin, phencyclidine, MDMA, or methamphetamine, or
  3. Possession somewhat near protected areas.

Class B sentences are between 5 and 15 years; 10-30 for repeat offenders.[28]

Class C

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Class C covers:

  1. Transporting small amounts of cannabis to minors,
  2. Possession of any controlled substance, other than cannabis and is less than 35 grams,
  3. A small quantity of cocaine, heroin, phencyclidine, MDMA, or methamphetamine, or
  4. Creating a dangerous device to aid in the manufacturing of controlled substances.

Class C sentences are between 3 and 10 years; 5-15 for repeat offenders.[28]

Class D

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Class D covers:

  1. Possession of less than 30 grams of any controlled substance except for cannabis.

Class D sentences are up to 7 years; 3-10 for repeat offenders.[28]

Class E

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Class E covers:

  1. 35 grams or less of cannabis,
  2. Legal distribution of drug paraphernalia without taking precautions to stop users from buying,
  3. Fraudulently buying a controlled substance,
  4. Manufacturing or delivering imitation medications,
  5. Possessing or delivering drug paraphernalia,
  6. Reckless delivery of controlled substances, or
  7. Distributing controlled substances without proper registration.

Class E sentences are up to 4 years; up to 7 years for repeat offenders.[28]

See also

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References

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  1. ^ "Opioid Crisis Response". dmh.mo.gov. Retrieved December 28, 2021.
  2. ^ "Prescription Drug Misuse". dmh.mo.gov. Retrieved December 28, 2021.
  3. ^ "SAMHSA's National Helpline". www.samhsa.gov. May 14, 2014. Retrieved December 28, 2021.
  4. ^ "keepin' it REAL". youth.gov. Retrieved December 28, 2021.
  5. ^ "Uniform Crime Reporting Drug Arrest". www.mshp.dps.missouri.gov. Retrieved December 28, 2021.
  6. ^ a b "Augusta". www.govinfo.gov. Retrieved September 11, 2022.
  7. ^ "About Us | Health Services Regulation | Health & Senior Services". health.mo.gov. Retrieved September 11, 2022.
  8. ^ "Recreational marijuana is on Missouri's ballot in November. Critics say to read the fine print". KCUR 89.3 - NPR in Kansas City. August 15, 2022. Retrieved September 11, 2022.
  9. ^ "Missouri Law Restores Medical Marijuana Users' Second Amendment Rights". Reason Foundation. July 1, 2021. Retrieved September 11, 2022.
  10. ^ "Data and Reports | Medical Marijuana | Health Services Regulation | Health & Senior Services". health.mo.gov. Retrieved May 28, 2023.
  11. ^ Bates, Savannah Hawley; Moreno, Carlos (March 5, 2023). "Missouri started selling recreational weed 1 month ago. How's it going so far?". KCUR - Kansas City news and NPR. Retrieved May 28, 2023.
  12. ^ "Controlled Substance Schedules". www.deadiversion.usdoj.gov. Retrieved October 19, 2023.
  13. ^ "Hallucinogens". www.mshp.dps.missouri.gov. Retrieved May 28, 2023.
  14. ^ "Missouri House of Representatives - Bill Information for HB869". house.mo.gov. Retrieved May 28, 2023.
  15. ^ Herrington, A. J. "Missouri State Lawmaker Files Psilocybin Therapy Legalization Bill". Forbes. Retrieved September 28, 2024.
  16. ^ Cox, Kallie. "Missouri Lawmakers Push to Make Psilocybin Legal for Veterans". Riverfront Times. Retrieved September 28, 2024.
  17. ^ "579.110". revisor.mo.gov. Retrieved September 11, 2022.
  18. ^ "Study ranks Missouri #1 in meth manufacturing". Columbia Daily Tribune. Retrieved September 14, 2022.
  19. ^ "Information Bulletin: Crystal Methamphetamine". June 13, 2012. Archived from the original on June 13, 2012. Retrieved May 28, 2023.
  20. ^ "Tobacco Use Prevention and Control | Smoking and Tobacco | Health & Senior Services". health.mo.gov. Retrieved September 12, 2022.
  21. ^ "FDA Denies Authorization to Market JUUL Products". United States Food and Drug Administration. July 5, 2022. Retrieved November 7, 2022.
  22. ^ "Tobacco Regulations & Statutes". atc.dps.mo.gov. Retrieved September 12, 2022.
  23. ^ "Controlled Substance Schedules". www.deadiversion.usdoj.gov. Retrieved May 28, 2023.
  24. ^ "News Releases | Health & Senior Services". health.mo.gov. Retrieved April 14, 2023.
  25. ^ a b "Mental Health and Substance Use State Fact Sheets". KFF. March 20, 2023. Retrieved April 14, 2023.
  26. ^ "Controlled Substance Schedules". www.deadiversion.usdoj.gov. Retrieved May 28, 2023.
  27. ^ a b "Prescription Drug Misuse | dmh.mo.gov". dmh.mo.gov. Retrieved April 18, 2023.
  28. ^ a b c d e f Families Against Mandatory Minimums (2017). "Missouri Drug Sentencing Laws 2017" (PDF).
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