Bill Text: IA SF2343 | 2011-2012 | 84th General Assembly | Introduced

Iowa Senate Bill 2343 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: A bill for an act making changes to the controlled substance schedules, applying penalties, and including effective date provisions. Various effective dates; see section 11 of bill.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-05-07 - Fiscal note. SCS. [SF2343 Detail]

Download: Iowa-2011-SF2343-Introduced.html

Senate File 2343 - Introduced SENATE FILE 2343 BY GRONSTAL and BEHN A BILL FOR An Act making changes to the controlled substance schedules, 1 applying penalties, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6144SS (4) 84 jm/rj

S.F. 2343 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 6144SS (4) 84 jm/rj 1/ 8

S.F. 2343 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 6144SS (4) 84 jm/rj 2/ 8

S.F. 2343 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 6144SS (4) 84 jm/rj 3/ 8

S.F. 2343 (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 Sec. 9. Section 124.204, subsection 6, Code Supplement 12 2011, is amended by adding the following new paragraph: 13 NEW PARAGRAPH . i. Any substance, compound, mixture or 14 preparation which contains any quantity of any synthetic 15 cathinone that is not approved as a pharmaceutical, including 16 but not limited to the following: 17 (1) Mephedrone, also known as 4-methylmethcathinone,(RS)-2- 18 methylamino-l-(4-methylphenyl) propan-1-one. 19 (2) 3,4-methylenedioxypyrovalerone 20 (MDPV)[(1-(1,3- Benzodioxol-5-yl)-2-(1-pyrrolidinyl)- 21 1-pentanone]. 22 (3) Methylone, also known as 23 3,4-methylenedioxymethcathinone. 24 (4) Naphthylpyrovalerone (naphyrone). 25 (5) 4-fluoromethcathinone(flephedrone) or a positional 26 isomer of 4-fluoromethcathinone. 27 (6) 4-methoxymethcathinone (methedrone;Bk-PMMA). 28 (7) Ethcathinone. 29 (8) 3,4-methylenedioxyethcathinone(ethylone). 30 (9) Beta-keto-N-methyl-3,4-benzodioxyolybutanamine 31 (butylone). 32 (10) N,N-dimethylcathinone(metamfepramone). 33 (11) Alpha-pyrrolidinopropiophenone (alpha-PPP). 34 (12) 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP). 35 -4- LSB 6144SS (4) 84 jm/rj 4/ 8

S.F. 2343 (13) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone 1 (MDPPP). 2 (14) Alpha-pyrrolidinovalerophenone (alpha-PVP). 3 (15) 6,7-dihydro-5H-indeno- 4 (5,6-d)-1,3-dioxol-6-amine) (MDAI). 5 (16) 3-fluoromethcathinone. 6 (17) 4’-Methyl-alpha-pyrrolidinobutiophenone (MPBP). 7 (18) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E). 8 (19) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D). 9 (20) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C). 10 (21) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I). 11 (22) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine 12 (2C-T-2). 13 (23) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine 14 (2C-T-4). 15 (24) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H). 16 (25) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C-N). 17 (26) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P). 18 Sec. 10. Section 124.401, subsection 1, paragraph d, Code 19 Supplement 2011, is amended to read as follows: 20 d. Violation of this subsection , with respect to any other 21 controlled substances, counterfeit substances, or simulated 22 controlled substances classified in section 124.204, subsection 23 4, paragraph “ai” , section 124.204, subsection 6, paragraph “i” , 24 or classified in schedule IV or V is an aggravated misdemeanor. 25 However, violation of this subsection involving fifty kilograms 26 or less of marijuana or involving flunitrazepam is a class “D” 27 felony. 28 Sec. 11. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 EXPLANATION 32 This bill makes changes to the controlled substance 33 schedules. 34 DIVISION I. The bill removes two controlled substances 35 -5- LSB 6144SS (4) 84 jm/rj 5/ 8

S.F. 2343 (benzylfentanyl and thenylfentanyl) from the schedule I 1 classification of controlled substances to conform with action 2 undertaken by the federal drug enforcement administration. 3 The bill classifies ANPP, a precursor substance for 4 fentanyl, as a schedule II controlled substance. 5 The bill classifies three anabolic steroids as schedule III 6 controlled substances. 7 The bill classifies the depressant carisoprodol also 8 known as “soma” as a schedule IV controlled substance to 9 conform with action undertaken by the federal drug enforcement 10 administration. 11 The bill classifies the depressant ezogabine as a schedule V 12 controlled substance to conform with action undertaken by the 13 federal drug enforcement administration. The drug is used to 14 treat epilepsy. 15 The bill classifies ergocristine and its salts as a 16 precursor substance for lysergic acid diethylamide (LSD). 17 The classification results in new control and reporting 18 requirements. 19 It is a class “C” felony pursuant to Code section 20 124.401(1)(c)(8), for any unauthorized person to violate a 21 provision of Code section 124.401, involving a classified 22 substance placed on schedule I, II, or III pursuant to the 23 bill. A class “C” felony for this particular offense is 24 punishable by confinement for no more than 10 years and a fine 25 of at least $1,000 but not more than $50,000. 26 If a person possesses a controlled substance in violation of 27 Code section 124.401(5) as a first offense, the person commits 28 a serious misdemeanor. A serious misdemeanor is punishable by 29 confinement for no more than one year and a fine of at least 30 $315 but not more than $1,875. 31 DIVISION II. The bill adds numerous synthetic cannabinoids, 32 also known as “K2”, to the list of schedule I controlled 33 substances in Code section 124.204(4)(ai). 34 The bill also adds numerous substances containing any 35 -6- LSB 6144SS (4) 84 jm/rj 6/ 8

S.F. 2343 quantity of any synthetic cathinone that are not approved 1 pharmaceuticals to the list of schedule I controlled substances 2 in Code section 124.204(6). 3 A schedule I controlled substance is considered to have a 4 high potential for abuse and no medical purpose in treatment in 5 the United States or lacks accepted safety standards for use 6 in treatment. 7 Under the bill, it is an aggravated misdemeanor pursuant 8 to Code section 124.401(1)(d) for any unauthorized person to 9 manufacture, deliver, or possess with the intent to manufacture 10 or deliver a synthetic cannabinoid classified as a schedule I 11 controlled substance in Code section 124.204(4)(ai) including 12 its counterfeit or simulated form, or to act with, enter into 13 a common scheme or design with, or conspire with one or more 14 persons to manufacture, deliver, or possess with the intent to 15 manufacture or deliver such a schedule I controlled substance. 16 It is also an aggravated misdemeanor pursuant to Code 17 section 124.401(1)(d) under the bill for any unauthorized 18 person to manufacture, deliver, or possess with the intent to 19 manufacture or deliver a synthetic cathinone classified as a 20 schedule I controlled substance in Code section 124.204(6)(i) 21 including its counterfeit or simulated form, or to act with, 22 enter into a common scheme or design with, or conspire with one 23 or more persons to manufacture, deliver, or possess with the 24 intent to manufacture or deliver such a schedule I controlled 25 substance. 26 It is a serious misdemeanor for a first offense violation of 27 Code section 124.401(5) for any unauthorized person to possess 28 a controlled substance classified as a schedule I controlled 29 substance. 30 An aggravated misdemeanor is punishable by confinement for 31 no more than two years and a fine of at least $625 but not 32 more than $6,250. A serious misdemeanor is punishable by 33 confinement for no more than one year and a fine of at least 34 $315 but not more than $1,875. 35 -7- LSB 6144SS (4) 84 jm/rj 7/ 8