Tag: Gina Mitten

House endorses adding fentanyl, ‘date rape’ drugs to trafficking laws

The Missouri House has proposed strengthening the state’s trafficking laws to include the potent pain reliever fentanyl and its derivatives, as well as Rohypnol or GHB – both commonly known as “date rape” drugs.

Representative Nick Schroer (photo; Tim Bommel, Missouri House Communications)

House Bill 239 would make possession or trafficking of those drugs a felony.  Penalties range from three years to life in prison, depending on the amount of the drug involved.  Missouri laws against trafficking do not include any of those substances.

Lawmakers heard that the abuse of fentanyl steadily increased between 2013 and 2017, and doctors said many people are being treated in emergency rooms because they took heroin mixed with fentanyl.

Bill sponsor Nick Schroer (R-O’Fallon) said there is a hole in Missouri’s trafficking law, so prosecutors often must charge for whatever drug fentanyl is laced with.  He said more and more it’s being trafficked by itself, as it’s becoming more popular to abuse.

“I have two beautiful, amazing daughters that I kind of want to ensure … that they are not going to be exposed to these things such as fentanyl and carfentanyl and these other drugs of choice that are so dangerous that being prescribed in a micro-milligram fashion can actually kill you,” said Schroer.

Fentanyl is 50 to 100 times more potent than morphine and is legally used to manage pain, especially after surgery.

“We saw right before the hearing [on HB 239] that there was a record bust in the United States – 260 pounds was busted at the [U.S.] border … but in years past we’ve had many different seizures on Highway 44, Highway 70, where it was 30, 40 pounds, which was enough to kill not only everybody who’s in this Capitol right now, and this Capitol is full, it could kill many Missourians,” said Schroer.

As a criminal defense attorney Schroer represented a number of people who had battled heroin addiction.  That’s how he became aware of the rise of fentanyl.

“The majority of those people said, ‘Once fentanyl came into the picture a lot of my friends either died or a lot of my friends became so hooked that we thought it was a lost cause,’” said Schroer.

Representative Gina Mitten (photo; Tim Bommel, Missouri House Communications)

Representative Gina Mitten (D-St. Louis) sponsored the amendment that would make possessing or trafficking Rohypnol or GHB punishable by the same penalties as those for other controlled substances.

“If you’ve got somebody at a party that’s got 37 grams of marijuana, why would they have received a greater sentence than somebody that has less than a gram of Rohypnol or GHB?” asked Mitten.  “My amendment … ensured that there was parity between those substances, because personally I believe that the ‘date rape’ drugs are apt to do a heck of a lot more damage than a large amount of marijuana or even heroin.”

Schroer and Mitten both acknowledged that Rohypnol and GHB are also used extensively in sex trafficking.

“If we’re going to take a hard stance on human trafficking it needs to include these substances,” said Mitten.

Schroer anticipates some in the Senate might try to make additions to HB 239 and then send the bill back to the House.  He is optimistic that Governor Mike Parson (R) would sign the bill if it gets to him.

Missouri House considers legalizing medical use of marijuana

The Missouri House is one vote away from proposing that Missouri legalize the medical use of marijuana by people suffering from certain terminal or debilitating conditions.

Representative Jim Neely (photo; Tim Bommel, Missouri House Communications – click for larger version)

House Bill 1554 would expand on a law passed in 2014 that allows the use of a cannabis extract, cannabidiol (CBD) oil, to treat intractable epilepsy.  If HB 1554 became law, a patient suffering from conditions including cancer, HIV, Parkinson’s disease, multiple sclerosis, and post-traumatic stress disorder could use medical marijuana if a doctor signs a statement saying he or she could benefit from its use and that all options approved by the Food and Drug Administration have been considered.

The bill is sponsored by Representative Jim Neely (R-Cameron), who is also a doctor.

“There’s a lot of people in my world, from the hospice and the long-term care world, that feel that this would be appropriate for people to ease the pain, suffering, and the side-effects of the opioids and this might be the best way to go,” said Neely.  He said the bill would give people, “another option at the end stages of life.”

House members including Travis Fitzwater (R-Holts Summit) spoke about loved ones that might benefit from the legislation, such as his mother and sister who have multiple sclerosis.

Fitzwater said their neurologist, who he knows and trust, has said they should have the option of using marijuana for pain treatment.

“I trust his opinion.  He went to medical school.  He knows what he’s talking about.  He’s spent his career focused on multiple sclerosis and his patients are mainly multiple sclerosis patients,” said Fitzwater.  When he tells me that … [my] mom or [my] sister should have the option to come to their neurologist and discuss treatment options for pain – and this is a gentleman who is as professional as anybody I’ve ever met – they ought to have that opportunity.”

“Patients that have these debilitating diseases ought to have an option … when the doctors agree and there are professionals involved that know more about what’s going on with those patients than we do,” said Fitzwater.

Representative Gina Mitten (photo; Tim Bommel, Missouri House Communications – click for larger version)

Representative Gina Mitten (D-St. Louis) said a colleague of hers who is a practicing attorney must break her oath to uphold the law by using marijuana to treat her epilepsy, rather than use the prescription drugs that caused her to have a psychotic episode among other side effects.

“How is it that it’s okay to have to spend a night, or two nights, or three nights in a hospital due to medication that’s been prescribed and creates all kinds of other side effects, as opposed to something that we know in other states has worked very well for this disease?” asked Mitten.

Pacific Republican Paul Curtman sponsored adding PTSD to the legislation.  He described what he knows some of his fellow comrades in the Marine corps faced, and said leaving this issue facing veterans out of the bill would be a “travesty.”

He spoke about a fellow Marine from Missouri whose experience overseas included having to routinely wash the blood of friends out of the back of a Humvee.  Curtman said the man was prescribed by the Veterans’ Administration drugs that had numerous side effects.  For a time he used marijuana and that worked for him, but he was arrested and forced to return to the drugs prescribed by the VA.

“The VA came by and said if you ever [use marijuana] again you’re jeopardizing your ability to use any of your VA benefits.  So, after being on house arrest for a while with the VA checking up on him to make sure that he was taking the synthetic drugs that the VA wanted him to take, his father came home just a few weeks later only to find that his son had put a gun to his head and pulled the trigger,” said Curtman.

Under the bill the Missouri Department of Health and Senior Services would issue medical cannabis registration cards to approved patients, or to parents in the cases of minor parents.  The bill would only allow the use of smokeless forms of marijuana.  HB 1554 also lays out how marijuana could be legally cultivated by licensed growers under the supervision of the Department of Agriculture.

Another favorable vote would send the legislation to the Senate.  Two years ago the House rejected a bill that would have asked voters whether to legalize the limited, medical use of marijuana.

House Speaker: Committee investigating governor will ‘have the time it needs to finish its work’

Missouri’s House Speaker said he doesn’t want to constrain the committee he created to investigate allegations against the state’s governor.

House Speaker Todd Richardson (image center) takes questions from reporters following the House’s adjournment on Thursday, 04/19/2018. (photo; Tim Bommel, Missouri House Communications – click for larger version)

“This committee’s going to have the time it needs to finish its work,” Speaker Todd Richardson (R-Poplar Bluff) said to reporters on Thursday after the House adjourned for the week.

A St. Louis grand jury in February indicted Governor Eric Greitens (R) for felony invasion of privacy.  He is accused of taking, without consent, an intimate photo of a woman with whom he had an affair in 2015.  A circuit judge in St. Louis today declined Greitens’ request to dismiss that case.

Earlier this week Missouri Attorney General Josh Hawley (R) said he has enough evidence for a felony charge against Greitens for violating campaign laws.  Hawley said Greitens took a list of those who donated to his charity for military veterans, The Mission Continues, and transferred it to his political campaign to use in fundraising efforts.

The developments concerning Greitens this week have some calling for the House to take action concerning him now, but Richardson said the chamber will stick to the plan he announced last week.  Preparations are continuing for the House to call itself into special session in case more time is needed for its members to review the recommendations of the Special Investigative Committee on Oversight, when those recommendations are ready.

“The committee didn’t believe, at that point in time, that they would be able to finish their work before the end of session.  I think they still believe that they need additional time to do that work, which is why we have begun the process of calling ourselves into a special session,” said Richardson.  “My point last week and my point this week is, there’s not going to be an artificial timeline or a deadline here.  We’re going to let the committee work, we’re going to let them work as thoroughly as they need to, and when they come back with recommendations we’ll be ready to take them up.”

As for the decision today by Judge Rex Burlison to allow the invasion of privacy case against Greitens to continue, Richardson said it has no bearing on what the House does and it never would have.

“The Missouri legislature is a separate and co-equal branch of government and no matter how that decision had gone today, the House and the Senate would continue to go through our process,” said Richardson.  “Our role and responsibilities here are different than the role of the court in the City of St. Louis so it doesn’t impact it at all.”

Minority Leader Gail McCann Beatty and Representative Gina Mitten, who is the ranking Democrat on the House Special Investigative Committee on Oversight, answer questions from reporters after the House adjourned on Thursday, 04-19-2018. (photo; Tim Bommel, Missouri House Communications – click for larger version)

Richardson and other members of House Republican leadership said this week they believe Greitens should resign.  The President Pro Tem of the Missouri Senate, Ron Richard (R), said this week he also believes Greitens should resign, and if he does not, Richard believes he should be impeached and that effort should begin now.

Richardson said he believes he and the Senate president remain committed to the same process.

“He and I have been in constant contact, and we both want the House committee and the legislature to execute a thorough and fair process, and a process that makes sure that the members of the general assembly – who are going to be tasked with deciding some of those recommendations – that they have the most information that they need in front of them to make a good decision,” Richardson said.

The leader of the House Democrats, Gail McCann Beatty (D-Kansas City), said she thinks Speaker Richardson is handling the situation with caution, but she is anxious to see the chamber take further action regarding Greitens.

“From my perspective I think I have seen enough [to vote on impeachment now].  This is a cloud over our state.  It’s embarrassing, and we need to be moving forward to resolve this sooner than later,” said McCann Beatty.

The investigative committee has continued to meet, and has hearings scheduled for Monday and Tuesday.

Missouri House adopts resolution launching investigation of charge against Gov. Greitens

“We will do our best.”

Representative Jay Barnes presents a resolution that would launch the House’s investigation into a felony charge against Gov. Eric Greitens. (photo; Tim Bommel, Missouri House Communications)

That was the final statement to the House Thursday from Representative Jay Barnes (R-Jefferson City) before the chamber adopted a resolution that launches its investigation of a felony charge against Governor Eric Greitens (R).  Barnes will chair the Special Investigative Committee on Oversight that will conduct that investigation.

A St. Louis grand jury last month indicted Greitens for felony invasion of privacy.  He is accused of taking, without consent, an intimate photo of a woman with whom he had an affair in 2015.

House Resolution 5565 authorizes the Committee.  It was approved 154-0.

Barnes discussed with other members how the investigation will be conducted.  He said the committee will close its hearings to the public when witnesses are giving testimony.

“The reason for that, if you think about legal process and the context of a trial where testimony is given, other witnesses in a case are excluded from the courtroom while a separate witness is testifying … lawyers call that, ‘invoking the rule.’  So we could ‘invoke the rule,’ but if we have a public hearing, invoking the rule means nothing because everything that a previous witness says would be reported to other potential witnesses and they could come in and that would color their testimony based on what they had heard previous witnesses have said, and I think the best way to get accurate information is to close those hearings so that other potential witnesses don’t know what previous witnesses said,” Barnes explained.

Barnes said the first witnesses the committee will question are individuals that were identified in publicly-available documents and documents that have been reported on, though he did not name them.  He said subpoenas would be sent to those witnesses.  Based on their testimony, more individuals could be called to testify.

House Speaker Todd Richardson (right) and Majority Floor Leader Rob Vescovo (left) talk with Representatives Jay Barnes (second from right), who chairs the Special Investigative Committee on Oversight, and Representative Don Phillips (seated), the vice chair of that committee. (photo; Tim Bommel, Missouri House Communications)

Democrats expressed concerns that they would like more clarity about what possible actions will remain after the committee completes its work, but in the end they joined in supporting the resolution.

Columbia representative Kip Kendrick (D) said the situation with the governor has become a distraction for lawmakers.  He wished the committee well in conducting its investigation.

“It’s an embarrassment for everyone in this body, for everyone in this chamber, for the whole state,” said Kendrick.  “The charge of this committee to hold this investigation is very serious.  Outside of passing the budget this year it’s probably the most serious thing that’s happening … I hope that everyone in this chamber, on both sides of the aisle, don’t enter into the partisan bickering or partisan fights on this moving forward.  There are going to be attempts to make this a partisan issue and it’s not.  This should be a fair and thorough process that should be allowed to play out.”

House Minority Leader Gail McCann Beatty (D-Kansas City) asked Barnes about the process, and at the end of her inquiry told him, “We’re putting all of our trust in you to handle this properly.”

Barnes acknowledged to the chamber the levity of the job before him and the committee.

“This is a solemn and serious obligation.  Thank you for the trust that you have placed in me and the members of this committee and the trust that this body places in us.  We will do our best,” said Barnes.

The committee, whose other members are vice chairman Don Phillips (R-Kimberling City) and representatives Jeanie Lauer (R-Blue Springs), Kevin Austin (R-Springfield), Shawn Rhoads (R-West Plains), Gina Mitten (D-St. Louis), and Tommie Pierson, Jr (D-St. Louis), is expected to begin holding hearings next week.

Democrats propose multi-pronged attack on opioid abuse

Missouri House Democrats say the fight against opioid abuse is about more than passing a statewide prescription drug monitoring program.  They today unveiled a slate of legislation that would attack the problem by addressing a number of other issues.

House Democrat Leader Gail McCann-Beatty and Representative Gina Mitten speak about their caucus’ multi-bill approach to attacking opioid abuse in Missouri. (Photo; Chris Moreland, Missouri House Communications)

“The opioid disorder crisis is multi-faceted,” said House Democrat Leader Gail McCann-Beatty (Kansas City).

Democrats continue to support passage of a statewide prescription drug monitoring program to track the use of prescription narcotics.  Such legislation has advanced farther through the legislative process in each of the past few sessions, but fallen short of passage.  Last year St. Louis Democrat Fred Wessels sponsored such legislation that was combined with a bill sponsored by Sikeston Republican Holly Rehder and fell just short of final passage.  Both representatives will sponsor such legislation again this year.

In addition, Democrats have filed bills that would require pharmacies to post information about methods and locations for the safe disposal of unused medication; require for medical professionals with prescribing authority at least four hours of training on the misuse and abuse of prescription drugs and recognizing addiction in patients; require the Missouri Department of Health and Senior Services to mirror federal regulations for prescribing opioids for chronic pain; require insurance coverage of medication assisted treatment and remove insurer-proposed barriers to addiction services; establish a sterile needle and syringe exchange pilot program; require the Show-Me Healthy Babies program to cover substance abuse treatment for women up to one year post-partum; and expand the use of CBD or hemp oil to include being used as a pain management alternative for those with a history of opioid abuse.

“Substance disorders need to have an all-of-the-above approach and what we’re proposing here is just that.  We’re not only talking about PDMP.  We’re talking about a number of other options; tools that should basically be put in the toolbox of not just the medical community but our entire community,” said Representative Gina Mitten (D-St. Louis).

Mitten is sponsoring the bills that deal with safe disposal of abused prescription medication and additional training for prescribers.

Missouri is the only state in the nation without a statewide prescription drug monitoring program.  Many counties in the state are participating in a program initially launched in the St. Louis region, and Governor Eric Greitens (R) signed an executive order creating a tracking program for some prescription information handled by one benefits provider.

The legislation discussed today by House Democrats is for the 2018 legislative session, which begins January 3.