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.
Spectrum: Bipartisan Bill
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:
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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
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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
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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.
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(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).
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(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
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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
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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
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