Bill Text: IA SF2341 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act making changes to the controlled substance schedules, providing for penalties, and including effective date provisions.

Status: (Introduced - Dead) 2012-04-25 - Introduced, referred to Judiciary. S.J. 861. [SF2341 Detail]

Download: Iowa-2011-SF2341-Introduced.html
Senate File 2341 - Introduced SENATE FILE 2341 BY GRONSTAL and BEHN A BILL FOR An Act making changes to the controlled substance schedules, 1 providing for penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6142SS (2) 84 jm/rj
S.F. 2341 DIVISION I 1 RECLASSIFICATION OF SUBSTANCES AND CONTROLLED SUBSTANCES 2 Section 1. Section 124.204, subsection 9, Code Supplement 3 2011, is amended by striking the subsection. 4 Sec. 2. Section 124.206, subsection 6, Code 2011, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . c. Immediate precursor to fentanyl: 7 4-anilino-N-phenethyl-4-piperidine (ANPP). 8 Sec. 3. Section 124.208, subsection 6, Code 2011, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . bh. Boldione 11 (androsta-1,4-diene-3,17-dione). 12 NEW PARAGRAPH . bi. Desoxymethyltestosterone 13 (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol); 14 also known as madol. 15 NEW PARAGRAPH . bj. 19-nor-4,9(10)-androstadienedione 16 (estra-4,9(10)diene-3,17-dione). 17 Sec. 4. Section 124.210, subsection 3, Code 2011, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . 0e. Carisoprodol. 20 Sec. 5. Section 124.212, subsection 5, Code 2011, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . 0a. Ezogabine 23 [N-[2-amino-4(4-fluorobenzylamino)-phenyl]carbamic acid ethyl 24 ester]. 25 Sec. 6. Section 124B.2, subsection 1, Code 2011, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . aa. Ergocristine and its salts. 28 DIVISION II 29 SCHEDULE I CONTROLLED SUBSTANCES 30 Sec. 7. Section 124.201, subsection 4, Code 2011, is amended 31 to read as follows: 32 4. If any new substance is designated as a controlled 33 substance under federal law and notice of the designation is 34 given to the board, the board shall similarly designate as 35 -1- LSB 6142SS (2) 84 jm/rj 1/ 8
S.F. 2341 controlled the new substance under this chapter after the 1 expiration of thirty days from publication in the Federal 2 Register of a final order designating a new substance as a 3 controlled substance, unless within that thirty-day period 4 the board objects to the new designation. In that case the 5 board shall publish the reasons for objection and afford 6 all interested parties an opportunity to be heard. At 7 the conclusion of the hearing the board shall announce its 8 decision. Upon publication of objection to a new substance 9 being designated as a controlled substance under this chapter 10 by the board, control under this chapter is stayed until the 11 board publishes its decision. If a substance is designated 12 as controlled by the board under this paragraph subsection 13 the control shall be temporary and if within sixty days after 14 the next regular session of the general assembly convenes it 15 has not made the corresponding changes in this chapter , the 16 temporary designation of control of the substance by the board 17 shall be nullified. 18 Sec. 8. Section 124.204, subsection 4, paragraph ai, Code 19 Supplement 2011, is amended by striking the paragraph and 20 inserting in lieu thereof the following: 21 ai. (1) Salvia divinorum. 22 (2) Salvinorin A. 23 (3) HU-210. [(6aR,10aR)-9-(hydroxymethyl)-6,6- 24 dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c] 25 chromen-1-ol)]. 26 (4) HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6- 27 dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 28 chromen-1-ol). 29 (5) Unless specifically exempted or unless listed in 30 another schedule, any material, compound, mixture, or 31 preparation which contains any quantity of cannabimimetic 32 agents, or which contains their salts, isomers, and salts of 33 isomers whenever the existence of such salts, isomers, and 34 salts of isomers is possible within the specific chemical 35 -2- LSB 6142SS (2) 84 jm/rj 2/ 8
S.F. 2341 designation. 1 (a) The term “cannabimimetic agents” means any substance 2 that is a cannabinoid receptor type 1 (CB1 receptor) agonist as 3 demonstrated by binding studies and functional assays within 4 any of the following structural classes: 5 (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 6 5-position of the phenolic ring by alkyl or alkenyl, whether or 7 not substituted on the cyclohexyl ring to any extent. 8 (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole 9 by substitution at the nitrogen atom of the indole ring, 10 whether or not further substituted on the indole ring to any 11 extent, whether or not substituted on the naphthoyl or naphthyl 12 ring to any extent. 13 (iii) 3-(1-naphthoyl)pyrrole by substitution at the 14 nitrogen atom of the pyrrole ring, whether or not further 15 substituted in the pyrrole ring to any extent, whether or not 16 substituted on the naphthoyl ring to any extent. 17 (iv) 1-(1-naphthylmethylene)indene by substitution of 18 the 3-position of the indene ring, whether or not further 19 substituted in the indene ring to any extent, whether or not 20 substituted on the naphthyl ring to any extent. 21 (v) 3-phenylacetylindole or 3-benzoylindole by substitution 22 at the nitrogen atom of the indole ring, whether or not further 23 substituted in the indole ring to any extent, whether or not 24 substituted on the phenyl ring to any extent. 25 (b) Such terms include: 26 (i) CP 47,497 and homologues 5-(1,1-dimethylheptyl)- 27 2-[(1R,3S)-3-hydroxycyclohexl]phenol. 28 (ii) JWH-018 and AM678 1-Pentyl-3-(1-naphthoyl)indole. 29 (iii) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 30 (iv) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1- 31 naphthalenyl-methanone. 32 (v) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 33 (vi) JWH-81 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 34 (vii) JWH-122 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 35 -3- LSB 6142SS (2) 84 jm/rj 3/ 8
S.F. 2341 (viii) JWH-250 1-pentyl-3- 1 (2-methoxyphenylacetyl)indole. 2 (ix) RCS-4 and SR-19 1-pentyl-3-[(4methoxy)-benzoyl]indole. 3 (x) RCS-8 and SR 18 1-cyclohexylethyl-3- 4 (2-methoxyphenylacetyl)indole. 5 (xi) AM2201 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 6 (xii) JWH-203 1-pentyl-3-(2-chlorophenylacetyl)indole. 7 (xiii) JWH-398 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 8 (xiv) AM694 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 9 (xv) Cannabicyclohexanol or CP–47,497 C8-homolog 10 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 11 (6) Mitragyna speciosa. 12 (7) Mitragynine. 13 Sec. 9. Section 124.204, subsection 6, Code Supplement 14 2011, is amended by adding the following new paragraph: 15 NEW PARAGRAPH . i. Any substance, compound, mixture or 16 preparation which contains any quantity of any synthetic 17 cathinone that is not approved as a pharmaceutical, including 18 but not limited to the following: 19 (1) Mephedrone, also known as 4-methylmethcathinone,(RS)-2- 20 methylamino-l-(4-methylphenyl) propan-1-one. 21 (2) 3,4-methylenedioxypyrovalerone 22 (MDPV)[(1-(1,3- Benzodioxol-5-yl)-2-(1-pyrrolidinyl)- 23 1-pentanone]. 24 (3) Methylone, also known as 25 3,4-methylenedioxymethcathinone. 26 (4) Naphthylpyrovalerone (naphyrone). 27 (5) 4-fluoromethcathinone(flephedrone) or a positional 28 isomer of 4-fluoromethcathinone. 29 (6) 4-methoxymethcathinone (methedrone;Bk-PMMA). 30 (7) Ethcathinone. 31 (8) 3,4-methylenedioxyethcathinone(ethylone). 32 (9) Beta-keto-N-methyl-3,4-benzodioxyolybutanamine 33 (butylone). 34 (10) N,N-dimethylcathinone(metamfepramone). 35 -4- LSB 6142SS (2) 84 jm/rj 4/ 8
S.F. 2341 (11) Alpha-pyrrolidinopropiophenone (alpha-PPP). 1 (12) 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP). 2 (13) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone 3 (MDPPP). 4 (14) Alpha-pyrrolidinovalerophenone (alpha-PVP). 5 (15) 6,7-dihydro-5H-indeno- 6 (5,6-d)-1,3-dioxol-6-amine) (MDAI). 7 (16) 3-fluoromethcathinone. 8 (17) 4’-Methyl-alpha-pyrrolidinobutiophenone (MPBP). 9 (18) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E). 10 (19) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D). 11 (20) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C). 12 (21) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I). 13 (22) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine 14 (2C-T-2). 15 (23) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine 16 (2C-T-4). 17 (24) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H). 18 (25) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N). 19 (26) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P). 20 Sec. 10. Section 124.401, subsection 1, paragraph d, Code 21 Supplement 2011, is amended to read as follows: 22 d. Violation of this subsection , with respect to any other 23 controlled substances, counterfeit substances, or simulated 24 controlled substances classified in section 124.204, subsection 25 4, paragraph “ai” , section 124.204, subsection 6, paragraph “i” , 26 or classified in schedule IV or V is an aggravated misdemeanor. 27 However, violation of this subsection involving fifty kilograms 28 or less of marijuana or involving flunitrazepam is a class “D” 29 felony. 30 Sec. 11. EFFECTIVE UPON ENACTMENT. This division of this 31 Act, being deemed of immediate importance, takes effect upon 32 enactment. 33 EXPLANATION 34 This bill makes changes to the controlled substance 35 -5- LSB 6142SS (2) 84 jm/rj 5/ 8
S.F. 2341 schedules. 1 DIVISION I. The bill removes two controlled substances 2 (benzylfentanyl and thenylfentanyl) from the schedule I 3 classification of controlled substances to conform with action 4 undertaken by the federal drug enforcement administration. 5 The bill classifies ANPP, a precursor substance for 6 fentanyl, as a schedule II controlled substance. 7 The bill classifies three anabolic steroids as schedule III 8 controlled substances. 9 The bill classifies the depressant carisoprodol also 10 known as “soma” as a schedule IV controlled substance to 11 conform with action undertaken by the federal drug enforcement 12 administration. 13 The bill classifies the depressant ezogabine as a schedule V 14 controlled substance to conform with action undertaken by the 15 federal drug enforcement administration. The drug is used to 16 treat epilepsy. 17 The bill classifies ergocristine and its salts as a 18 precursor substance for lysergic acid diethylamide (LSD). 19 The classification results in new control and reporting 20 requirements. 21 It is a class “C” felony pursuant to Code section 22 124.401(1)(c)(8), for any unauthorized person to violate a 23 provision of Code section 124.401, involving a classified 24 substance placed on schedule I, II, or III pursuant to the 25 bill. A class “C” felony for this particular offense is 26 punishable by confinement for no more than 10 years and a fine 27 of at least $1,000 but not more than $50,000. 28 If a person possesses a controlled substance in violation of 29 Code section 124.401(5) as a first offense, the person commits 30 a serious misdemeanor. A serious misdemeanor is punishable by 31 confinement for no more than one year and a fine of at least 32 $315 but not more than $1,875. 33 DIVISION II. The bill adds numerous synthetic cannabinoids, 34 also known as “K2”, to the list of schedule I controlled 35 -6- LSB 6142SS (2) 84 jm/rj 6/ 8
S.F. 2341 substances in Code section 124.204(4)(ai). 1 The bill also adds numerous substances containing any 2 quantity of any synthetic cathinone that are not approved 3 pharmaceuticals to the list of schedule I controlled substances 4 in Code section 124.204(6). 5 A schedule I controlled substance is considered to have a 6 high potential for abuse and no medical purpose in treatment in 7 the United States or lacks accepted safety standards for use 8 in treatment. 9 Under the bill, it is an aggravated misdemeanor pursuant 10 to Code section 124.401(1)(d) for any unauthorized person to 11 manufacture, deliver, or possess with the intent to manufacture 12 or deliver a synthetic cannabinoid classified as a schedule I 13 controlled substance in Code section 124.204(4)(ai) including 14 its counterfeit or simulated form, or to act with, enter into 15 a common scheme or design with, or conspire with one or more 16 persons to manufacture, deliver, or possess with the intent to 17 manufacture or deliver such a schedule I controlled substance. 18 It is also an aggravated misdemeanor pursuant to Code 19 section 124.401(1)(d) under the bill for any unauthorized 20 person to manufacture, deliver, or possess with the intent to 21 manufacture or deliver a synthetic cathinone classified as a 22 schedule I controlled substance in Code section 124.204(6)(i) 23 including its counterfeit or simulated form, or to act with, 24 enter into a common scheme or design with, or conspire with one 25 or more persons to manufacture, deliver, or possess with the 26 intent to manufacture or deliver such a schedule I controlled 27 substance. 28 It is also a serious misdemeanor for a first offense 29 violation of Code section 124.401(5) for any unauthorized 30 person to possess a controlled substance classified as a 31 schedule I controlled substance. 32 An aggravated misdemeanor is punishable by confinement for 33 no more than two years and a fine of at least $625 but not 34 more than $6,250. A serious misdemeanor is punishable by 35 -7- LSB 6142SS (2) 84 jm/rj 7/ 8
S.F. 2341 confinement for no more than one year and a fine of at least 1 $315 but not more than $1,875. 2 Division II takes effect upon enactment. 3 -8- LSB 6142SS (2) 84 jm/rj 8/ 8
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