Missouri law bans children from sharing prescription drugs at school now in effect

JEFFERSON CITY, Mo. -- Farmington Senior High School principal David Waters watched as some students were hospitalized after taking prescription medicines they shouldn't have, and he knew they needed help.

But it was tough to get them services through the juvenile justice system.

So he fought for -- and succeeded in getting -- a new law that specifically makes it a crime for pupils to distribute prescription drugs to others, or to possess them, no matter the type, on school property without a valid prescription.

The legislation was one of many Missouri laws which took effect Sunday.

But it also has a wrinkle: Legislators passed, and the governor signed, two versions of the measure, and they apply to different ages. That's among the disparities in a handful of laws that legislators plan to resolve when they meet for a special session early next month.

Meantime, the differences between the two versions could cause some confusion for school officials and law enforcement.

One applies the prohibitions on possessing or distributing drugs while on school property -- public or private -- to anyone younger than 21, while the other applies to those less than 18 years old. Violators face a misdemeanor charge, which escalates with repeat offenses.

The law exempts those authorized by school officials and emergency personnel.

Most school districts already have policies about prescription drugs, the Missouri School Boards Association said. The main change the law will bring is to allow school officials to go beyond academic punishment for those who violate the policy.

Generally, even pupils who need their own medication hand it over to school officials to dole out when needed, said Kelli Hopkins, an attorney and director of education policy services for the association.

"It didn't change policy per se," she said. "The big difference might be that because now there's a specific crime they can refer to, the district could choose to report it to the police."

Waters said referring children to juvenile authorities gives them access to counseling, drug treatment and other support services, along with probation, where they could be tested to ensure they don't take the drugs again.

"We weren't interested in seeing kids locked up necessarily, but there are a number of things available by all of us working together," he said.

His eastern Missouri high school of 1,200 students had about a dozen incidents with prescription drugs last year, he said, more than the school faced regarding alcohol or marijuana.

"It's an emerging problem for us," he said.

The school board group, which creates sample policies for districts on various topics, said about 290 of the state's 524 districts use its service, though they may tweak the wording to fit local needs.

The association already has a policy on prescription drugs and general drug and alcohol abuse. With the new law, Hopkins said, a line may be added spelling out that possessing or distributing prescription medicine on school property without a prescription could lead to criminal charges.

The discrepancy in applying the restrictions to those under 18 or those under 21 really won't affect school discipline policies, which generally apply simply to pupils, she said, but could affect the legal side.

For now, the association is telling districts they're safe referring matters to law enforcement for those younger than 18 and that it's keeping tabs on what lawmakers do.

Sen. Kevin Engler said Waters brought the idea to him and that a tough part was convincing him and others the law didn't already cover such drug sharing.

"Nobody's thought through it and said, 'We've got this problem of legal drugs being taken to school,' because the drugs themselves were not illegal," said Engler, R-Farmington. "Some of these kids needed help. They needed to be forced into ... taking treatment or seeking counseling."

Engler said the plan is to make the law apply to those younger than 21 to ensure it covers everyone.

The Missouri Association of Secondary School Principals also said the law will simply allow school officials to bring concerns to authorities as well.

"It probably aligns the state laws more with school policies," executive director Jim King said.

King said determining at what age students fall under various criminal provisions often arises at high schools.

"Principals fight that all the time in the gray issues. Are they really under juvenile code or not? But for school policies they don't distinguish," he said.

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Prescription medicine policy is in SB254 and HB353.

On the Net:

Legislature: http://www.moga.mo.gov

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New laws now in force

CRIME

Toughens laws on drunken drivers who cause fatal accidents. Places new restrictions on strip clubs. Repeals a law allowing the early prison release of some drug offenders, burglars and other nonviolent offenders.

FIRST STEPS

Revamps the First Steps program that provides therapy to developmentally disabled infants and toddlers.

HOUSING DISPUTES

Requires homeowners to follow detailed steps to try to get contractors to fix problems on new or remodeled homes before homeowners are allowed to sue.

JOB INCENTIVES

Allows voters to consider local sales taxes for economic development.

LAWSUIT LIMITS

Limits medical malpractice and injury lawsuits by restricting where they can be filed, capping how much money juries can award victims and limiting the current practice of shared liability among defendants.

MEDICAID

Among other changes, the health care program no longer will pay for services such as dental care or eyeglasses; income thresholds to qualify for some programs changed; and recipients will pay more through co-payments, premiums and personal expenses.

PHONE RATES

Allows cities to tax cell phone providers while lowering local taxes on traditional landline phone companies. Halts lawsuits by cities seeking unpaid taxes disputed by cell phone providers. A separate measure makes it easier for local telephone companies to get out from under state price regulations.

TEEN DRINKING

Suspends the drivers' licenses of minors convicted of alcohol possession and requires schools to adopt penalty policies for students caught drinking. Allows misdemeanor charges against people who knowingly allow minors, other than their children, to drink on their property.

TIRE FEES

Reinstates a fee of 50 cents per new tire purchased to help fund the cleanup of old tire dumps.

UNIVERSITIES

Renames Southwest Missouri State University as Missouri State University. Replaces the title "college" with "university" for Missouri Western State and Harris-Stowe State. Drops the city designator from Missouri Southern State University-Joplin. Gives Central Missouri State University the option of renaming itself the University of Central Missouri.

WORKERS' COMPENSATION

Makes it harder for injured Missourians to receive workers' compensation benefits by tightening the definition of workplace injuries.