Bill
HB 2828
HB 2828 adds a broad list of psychoactive substances to Schedule I and tightens possession and delivery penalties accordingly.
Date: 2026 session
Purpose and intent
- The bill repeals three Missouri statutes and enacts three new sections (195.017, 579.015, 579.020) addressing psychoactive substances and related offenses.
- It aims to add a broad and specified set of psychoactive substances to Schedule I of Missouri’s controlled-substances schedule, and to modify offenses for possession and delivery of controlled substances accordingly.
- It also updates schedules and enforcement provisions related to other substances as part of the package.
Key provisions and changes
1) Schedule I listing (195.017)
- The Department of Health and Senior Services (DHSS) would place a substance in Schedule I if it has:
- A high potential for abuse, and
- No accepted medical use or lacks safety for medical supervision in the U.S.
- The bill then enumerates an extensive list of substances, with focus on:
- Opiates and fentanyl-related compounds (e.g., acetyl fentanyl, fentanyl analogs, various fentanyl-related substances)
- Opiate derivatives and synthetic opioids (e.g., heroin, morphine, various methadone-related compounds, buprenorphine in certain contexts)
- Numerous “fentanyl-related substances” (FRS) and fentanyl analogs
- Hallucinogens and related synthetic compounds
- Stimulants and depressants (e.g., certain cathinones, amphetamine-type substances, MDMA-type analogs, cannabinoids like certain synthetic cannabinoids)
- Historically listed substances such as khat, kratom-related constituents (mitragynine) appear in the text as part of the schedule listing process
- Temporary emergency listings under federal scheduling
- The department could exempt certain compounds or mixtures from the scheduling if they contain active medicinal ingredients that mitigate abuse potential.
2) Schedule II, III, IV, and V framework and specifics (sections 195.017, 579.015, 579.020)
- Schedule II: Includes opium, coca leaves, morphine, oxycodone, fentanyl, and a broad set of opiate derivatives and synthetic substances; also includes certain stimulant and depressant substances with medical use but high abuse potential.
- Schedule III: Covers substances with lower abuse potential than Schedule II, including certain stimulants, depressants (with medicinal combinations), and barbiturate derivatives.
- Schedule IV: Covers various sedatives, anxiolytics, anticonvulsants, and some controlled substances with relatively lower abuse potential, with detailed quantity-based provisions (e.g., specific milligrams per dosage form, combination products, and physician-prescriber related allowances).
- Schedule V: Includes preparations with limited quantities of narcotics and certain medical compounds, plus specific stimulant/depressant or pharmacologic categories with low abuse potential and established medical use.
- The bill lays out detailed numerical thresholds for quantities in several schedules (e.g., milligrams per dosage unit, milliliters per volume, and per-100-milliliter/gram limits for certain drugs).
3) Possession and delivery offenses (Sections 579.015 and 579.020)
- Possession of a controlled substance:
- General offense for possession remains, but the psychoactive-substance possession for the first offense is designated as a Class A misdemeanor; second or subsequent offenses become Class E felonies.
- Possession of not more than 10 grams of marijuana or a synthetic cannabinoid remains a Class D misdemeanor, with aggravating circumstances for prior offenses.
- Possession of a psychoactive substance is specifically defined to align with the substances listed in the Schedule provisions.
- Delivery (or distribution) of a controlled substance:
- Delivery of a controlled substance generally is a Class C felony.
- If delivery is of marijuana or a synthetic cannabinoid or a psychoactive substance in quantified amounts, certain tiers apply (e.g., Class E for small amounts, Class C or D for offenses involving minors, etc.).
- Delivery of a psychoactive substance to a person under 18 is a Class D felony; to a minor who is at least two years younger than the defendant is a Class B felony in some scenarios.
- The term “psychoactive substance” references the same list defined in 195.017(6) (the enumerated categories of substances).
4) Administrative and enforcement provisions
- DHSS schedules would be revised and republished annually.
- The bill contemplates rules on the storage, security, and handling of Schedule V substances.
- Logs and recordkeeping requirements are listed for pseudoephedrine- and ephedrine-containing products, including electronic transaction logs and purchaser identity controls (similar to existing controls on regulated chemicals).
- Provisions align with enforcement against precursor chemicals and substances linked to drug manufacture.
Who and what is affected
Timelines and procedural notes
Notes on context
- The accompanying testimony forms indicate a debate about kratom (mitragynine) and other substances, reflecting broader policy questions about public health versus punitive approaches to drug control.
- The bill text itself emphasizes a strict scheduling approach and enhanced penalties for possession and delivery of psychoactive substances, regardless of potential therapeutic research implications.
This summary provides an overview of HB 2828’s core structure, but for decision-making or legal interpretation, consult the full bill text, committee reports, and any amendments adopted during the 2026 session.
Compiled from official sources — confirm details with the bill’s official record.
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