The department of health and senior services administers this chapter and can add substances to the schedules, but must follow notice, hearing, findings, and filing rules.
195.015. Authority to control. — 1. The department of health and senior services shall administer this chapter and may add substances to the schedules after public notice and hearing. In making a determination regarding a substance, the department of health and senior services shall consider the following: (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 physiological dependence liability; and (8) Whether the substance is an immediate precursor of a substance already controlled under this chapter. 2. After considering the factors enumerated in subsection 1 of this section the department of health and senior services shall make findings with respect thereto and issue a rule controlling the substance if it finds the substance has a potential for abuse. 3. If the department of health and senior services designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor. 4. If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the department of health and senior services, the department of health and senior services shall similarly control the substance under this chapter and shall submit emergency rules to the secretary of state under section 536.025 within thirty days of publication in the federal register of a final order designating a substance as a controlled substance or rescheduling 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 senior services shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department of health and senior services shall publish its decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling or deletion under this chapter by the department of health and senior services, control under this chapter is stayed as to the substance in question until the department of health and senior services publishes its decision. If the department promulgates emergency rules under this subsection, such rules may, notwithstanding the provisions of subsection 7 of section 536.025, remain in effect until the general assembly concludes its next regular session following the imposition of any such rules. The department shall clearly state if the rules shall be in effect pursuant to this subsection or subsection 7 of section 536.025 in the emergency statement filed with the secretary of state. 5. The department of health and senior services shall exclude any nonnarcotic substance from a schedule if such substance may, under the federal Food, Drug, and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription. 6. The department of health and senior services shall prepare a list of all drugs falling within the purview of controlled substances. Upon preparation, a copy of the list shall be filed in the office of the secretary of state. (L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L. 2014 S.B. 491, A.L. 2020 H.B. 1896) (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.