State could see increases in penalties for drug dealing, manufacturing | State

JEFFERSON CITY — Emergency caregivers who steal drugs from patients would face harsher penalties in proposed legislation that also cracks down on increased fentanyl trafficking.

The Senate Committee of Health and Pensions discussed proposed changes to the penalties for possessing controlled substances during a hearing Wednesday morning.

“Last year, we worked on the provider side. This year, it is my goal to attack it from the distribution and trafficking side,” Sen. David Sater, R-Cassville, said. “We need the tools to fight it, and that’s what I believe Senate Bill 6 will do.”

Senate Bill 6 adds enhanced penalties for emergency care providers, home health care employees, hospice employees and any individual providing home health or personal care assistance services who unlawfully possess a controlled substance belonging to their patient or a family member of the patient.

Sater also said it’s vital for Missouri to update the list of controlled substances and create a process for providing assistance to officials when new drugs hit the streets.

“This bill is a furthered attempt to deal with the opioid crisis,” Sater said.

Distributing, delivering, manufacturing and producing the drug fentanyl are becoming more common, and if the bill passes, fentanyl would be added to the list of controlled substances in the state.

Senate Bill 6 also states that an individual who knowingly and unlawfully manufactures, delivers or distributes a controlled substance is guilty of second-degree murder if their customer dies from the use or consumption of the drug.

“If a drug dealer is looking at spending the rest of their life in prison or at least 20 plus years in prison, perhaps they will think long and hard before giving their friend or acquaintance a drug that could kill them,” Sater said.

Currently, the unlawful possession of controlled substances (except 35 grams or less of marijuana for medical use) is listed in legislation as a victimless crime.

“Missouri does not currently have a specific law for drug-induced homicides,” Sater said. “The prosecutors have charged drug dealers with manslaughter, which is a very lesser penalty.”

If approved, Senate Bill 6 would be effective Aug. 28.

Supervising editor is Mark Horvit, horvitm@missouri.edu.