Missouri Revised Statutes
Chapter 195 - Drug Regulations
Section 195.773 - Department duties — rulemaking authority.

Effective - 28 Aug 2018
195.773. Department duties — rulemaking authority. — 1. The department of agriculture shall execute its responsibilities relating to the cultivation of industrial hemp in the most cost-efficient manner possible, including in establishing permit and registration fees. For the purpose of testing industrial hemp for pesticides, the department shall explore the option of transporting samples from Missouri to departments of agriculture or testing laboratories in contiguous states, which participate in an agricultural pilot program authorized by the federal Agricultural Act of 2014, or any state program authorized by successor federal law. All transport between states shall be in compliance with the federal Agricultural Act of 2014, or any successor federal law, as well as any other applicable state and federal law.
2. The department shall promulgate rules necessary to administer the provisions of sections 195.740 to 195.773. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2018, shall be invalid and void.
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(L. 2018 H.B. 2034)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XII - Public Health and Welfare

Chapter 195 - Drug Regulations

Section 195.003 - Violations of chapter, defendant to pay costs of testing when found guilty.

Section 195.005 - Comprehensive drug control act.

Section 195.010 - Definitions.

Section 195.015 - Authority to control.

Section 195.016 - Nomenclature.

Section 195.017 - Substances, how placed in schedules — list of scheduled substances — publication of schedules annually — electronic log of transactions to be maintained, when — certain products to be located behind pharmacy counter — exemption from...

Section 195.022 - Chemical substances structurally similar to Schedule I controlled substances to be treated as Schedule I controlled substance.

Section 195.030 - Rules, procedure — fees — registration required, exceptions, registration, term not to exceed three years.

Section 195.040 - Registration requirements — revocation and suspension — review by administrative hearing commission — reapplication may be denied up to five years.

Section 195.041 - Emergencies, waiver of registration and record-keeping requirements for controlled substances, when.

Section 195.042 - Confidentiality of all complaints, investigatory reports and information, exceptions.

Section 195.045 - Civil immunity for persons required to report to the department of health and senior services.

Section 195.050 - Controlled substances, legal sales, how made — records required to be kept.

Section 195.060 - Controlled substances to be dispensed on prescription only, exception.

Section 195.070 - Prescriptive authority.

Section 195.080 - Excepted substances — prescription or dispensing limitation on amount of supply, exception — may be increased by physician, procedure.

Section 195.100 - Labeling requirements.

Section 195.140 - Forfeiture of controlled substances and drug paraphernalia, when — disposal — money, records in close proximity also forfeited, rebuttable presumption — procedure.

Section 195.146 - Forfeiture of controlled substances and CAFA applicable to children — arrest to include taking a child into custody.

Section 195.150 - Procedure upon conviction for violation.

Section 195.190 - Enforcement by whom.

Section 195.195 - Regulations, authority to promulgate, where vested.

Section 195.197 - Department of health and senior services, duties of.

Section 195.198 - Educational and research programs authorized — report, contents on effect of drugs, publication.

Section 195.203 - Industrial hemp, authorization to grow, harvest, cultivate, and process with valid registration.

Section 195.205 - Immunity from liability for seeking or obtaining medical assistance for a drug overdose, when — law enforcement to provide information and resources, when.

Section 195.206 - Opioid antagonist or addiction mitigation medicine, sale and dispensing of by pharmacists, possession of — administration of, contacting emergency personnel — immunity from liability, when.

Section 195.207 - Hemp extract, use of, permitted when — administration to a minor permitted, when — amount authorized.

Section 195.244 - Advertisements to promote sale of drug paraphernalia or imitation controlled substances prohibited, penalty.

Section 195.253 - Public nuisances — defendants in suits to enjoin.

Section 195.265 - Disposal of unused controlled substances, permitted methods — awareness program.

Section 195.310 - Injunction authorized.

Section 195.320 - Purpose clause.

Section 195.375 - Warrants for administrative inspections, contents, procedures — controlled premises, defined.

Section 195.400 - Reports required, exceptions, penalties — person, defined — list of regulated chemicals.

Section 195.417 - Limit on sale or dispensing of certain drugs, exceptions — prescription for certain substances not required, when, expiration when — local ordinances, state law to supercede and preempt — violations, penalty.

Section 195.418 - Limitations on the retail sale of methamphetamine precursor drugs — violations, penalty.

Section 195.550 - Electronic prescriptions required, when, exceptions — violations.

Section 195.600 - Task force established — definitions — members, appointment, expenses — duties — controlled substance dispensation information, submitted to vendor, procedure — use of information — violation, penalty — rulemaking authority.

Section 195.740 - Definitions.

Section 195.743 - Viable industrial hemp is an agricultural product subject to regulation by department.

Section 195.746 - Registration and permits, requirements — application, contents — issuance, when.

Section 195.749 - Registration and permit, revocation, refusal to issue, refusal to renew, when — penalty, amount.

Section 195.752 - Administrative fine, when, amount.

Section 195.756 - Pesticides and agricultural chemicals, use of — limitations on liability.

Section 195.758 - Monitoring system, recordkeeping requirements — inspections, when — destruction of crop, when — aerial surveillance — coordination with local law enforcement — nonviable hemp not subject to regulation.

Section 195.764 - Fees, amount, use of — fund created.

Section 195.767 - Research and study of industrial hemp by institutions of higher education permitted, registration and permit not required.

Section 195.773 - Department duties — rulemaking authority.

Section 195.805 - Edible marijuana — infused products, restrictions on design and shape — THC stamp required, when — violations, penalty — rulemaking authority.

Section 195.815 - Fingerprinting requirements, medical marijuana facilities — definitions.

Section 195.820 - Medical cannabis, processing fee authorized, when.