Bill Text: IA HF2049 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to controlled substances, including by modifying the penalties for controlled substances containing cocaine base, enhancing the penalties for imitation controlled substances, modifying the controlled substances listed in schedules I, III, and IV, and temporarily designating substances as controlled substances, and providing penalties. (See Cmte. Bill HF 2309)
Spectrum: Moderate Partisan Bill (Republican 16-5)
Status: (Introduced - Dead) 2016-01-26 - Passed subcommittee. [HF2049 Detail]
Download: Iowa-2015-HF2049-Introduced.html
House File 2049 - Introduced HOUSE FILE BY RIZER, BAUDLER, HOLT, BAXTER, FISHER, SIECK, KOESTER, SALMON, KOOIKER, KLEIN, FRY, HEARTSILL, B. MOORE, DEYOE, HEIN, WORTHAN, KRESSIG, ABDUL=SAMAD, BROWN=POWERS, GAINES, and STAED A BILL FOR 1 An Act relating to controlled substances, including by 2 modifying the penalties for controlled substances containing 3 cocaine base, enhancing the penalties for imitation 4 controlled substances, modifying the controlled substances 5 listed in schedules I, III, and IV, and temporarily 6 designating substances as controlled substances, and 7 providing penalties. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5168YH (5) 86 jm/nh PAG LIN 1 1 Section 1. Section 124.101, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 15A. "Imitation controlled substance" means 1 4 a substance which is not a controlled substance but which by 1 5 color, shape, size, markings, and other aspects of dosage unit 1 6 appearance, and packaging or other factors, appears to be or 1 7 resembles a controlled substance. The board of pharmacy may 1 8 designate a substance as an imitation controlled substance 1 9 pursuant to the board's rulemaking authority and in accordance 1 10 with chapter 17A. "Imitation controlled substance" also 1 11 means any substance determined to be an imitation controlled 1 12 substance pursuant to section 124.101B. 1 13 Sec. 2. NEW SECTION. 124.101B Factors indicating an 1 14 imitation controlled substance. 1 15 If a substance has not been designated as an imitation 1 16 controlled substance by the board of pharmacy and if dosage 1 17 unit appearance alone does not establish that a substance is an 1 18 imitation controlled substance, the following factors may be 1 19 considered in determining whether the substance is an imitation 1 20 controlled substance: 1 21 1. The person in control of the substance expressly or 1 22 impliedly represents that the substance has the effect of a 1 23 controlled substance. 1 24 2. The person in control of the substance expressly 1 25 or impliedly represents that the substance because of its 1 26 nature or appearance can be sold or delivered as a controlled 1 27 substance or as a substitute for a controlled substance. 1 28 3. The person in control of the substance either demands or 1 29 receives money or other property having a value substantially 1 30 greater than the actual value of the substance as consideration 1 31 for delivery of the substance. 1 32 Sec. 3. Section 124.201, subsection 4, Code 2016, is amended 1 33 to read as follows: 1 34 4. If any new substance is designated as a controlled 1 35 substance under federal law and notice of the designation is 2 1 given to the board, the board shall similarly designate as 2 2 controlled the new substance under this chapter after the 2 3 expiration of thirty days from publication in the federal 2 4 register of a final order designating a new substance as a 2 5 controlled substance, unless within that thirty=day period 2 6 the board objects to the new designation. In that case the 2 7 board shall publish the reasons for objection and afford 2 8 all interested parties an opportunity to be heard. At 2 9 the conclusion of the hearing the board shall announce its 2 10 decision. Upon publication of objection to a new substance 2 11 being designated as a controlled substance under this chapter 2 12 by the board, control under this chapter is stayed until the 2 13 board publishes its decision. If a substance is designated 2 14 as controlled by the board under this subsection the control 2 15 shall be considered a temporaryand if, within sixty days after 2 16 the next regular session of the general assembly convenes, 2 17 the general assembly has not made the corresponding changes 2 18 in this chapter, the temporary designation of control of 2 19 the substance by the board shall be nullifiedamendment to 2 20 the schedules of controlled substances in this chapter. If 2 21 the board so designates a substance as controlled, which 2 22 is considered a temporary amendment to the schedules of 2 23 controlled substances in this chapter, and if the general 2 24 assembly does not amend this chapter to enact the temporary 2 25 amendment and make the enactment effective within two years 2 26 from the date the temporary amendment first became effective, 2 27 the temporary amendment is repealed by operation of law two 2 28 years from the effective date of the temporary amendment. A 2 29 temporary amendment repealed by operation of law is subject to 2 30 section 4.13 relating to the construction of statutes and the 2 31 application of a general savings provision. 2 32 Sec. 4. Section 124.204, subsection 4, paragraph ai, 2 33 subparagraphs (3), (4), and (5), Code 2016, are amended by 2 34 striking the subparagraphs. 2 35 Sec. 5. Section 124.204, subsection 4, paragraph aj, Code 3 1 2016, is amended by striking the paragraph and inserting in 3 2 lieu thereof the following: 3 3 aj. 5=methoxy=N,N=dimethyltryptamine. Some trade or other 3 4 names: 5=methoxy=3=[2=(dimethylamino)ethyl]indole; 5=MeO=DMT. 3 5 Sec. 6. Section 124.204, subsection 4, paragraph ak, Code 3 6 2016, is amended by striking the paragraph and inserting in 3 7 lieu thereof the following: 3 8 ak. 2=(2,5=Dimethoxy=4=ethylphenyl)ethanamine (2C=E). 3 9 Sec. 7. Section 124.204, subsection 4, Code 2016, is amended 3 10 by adding the following new paragraphs: 3 11 NEW PARAGRAPH. al. 2=(2,5=Dimethoxy=4= 3 12 methylphenyl)ethanamine (2C=D). 3 13 NEW PARAGRAPH. am. 2=(4=Chloro=2,5= 3 14 dimethoxyphenyl)ethanamine (2C=C). 3 15 NEW PARAGRAPH. an. 2=(4=Iodo=2,5= 3 16 dimethoxyphenyl)ethanamine (2C=I). 3 17 NEW PARAGRAPH. ao. 2=[4=(Ethylthio)=2,5= 3 18 dimethoxyphenyl]ethanamine (2C=T=2). 3 19 NEW PARAGRAPH. ap. 2=[4=(Isopropylthio)=2,5= 3 20 dimethoxyphenyl]ethanamine (2C=T=4). 3 21 NEW PARAGRAPH. aq. 2=(2,5=Dimethoxyphenyl) 3 22 ethanamine (2C=H). 3 23 NEW PARAGRAPH. ar. 2=(2,5=Dimethoxy=4= 3 24 nitrophenyl)ethanamine (2C=N). 3 25 NEW PARAGRAPH. as. 2=(2,5=Dimethoxy=4=(n)= 3 26 propylphenyl)ethanamine (2C=P). 3 27 Sec. 8. Section 124.204, subsection 6, paragraph i, 3 28 subparagraph (3), Code 2016, is amended by striking the 3 29 subparagraph and inserting in lieu thereof the following: 3 30 (3) 3,4=Methylenedioxy=N=methylcathinone (methylone). 3 31 Sec. 9. Section 124.204, subsection 6, paragraph i, 3 32 subparagraphs (18), (19), (20), (21), and (22), Code 2016, are 3 33 amended by striking the subparagraphs and inserting in lieu 3 34 thereof the following: 3 35 (18) 4=methyl=N=ethylcathinone. Other names: 4=MEC, 4 1 2=(ethylamino)=1=(4=methylphenyl)propan=1=one. 4 2 (19) 4=methyl=alpha6 pyrrolidinopropiophenone. 4 3 Other names: 4=MePPP, MePPP, 4 4 4=methyl=[alpha]=pyrrolidinopropiophenone, 8 4 5 1=(4=methylphenyl)=2=(pyrrolidin=1=yl)=propan=1=one. 4 6 (20) Pentedrone. Other names: 4 7 [alpha]=methylaminovalerophenone, 4 8 2=(methylamino)=1=phenylpentan=1=one. 4 9 (21) Pentylone. Other names: bk=MBDP, 4 10 1=(1,3=benzodioxol=5=yl)=2=(methylamino)pentan=1=one. 4 11 (22) Alpha=pyrrolidinobutiophenone. Other names: 4 12 [alpha]=PBP, 1=phenyl=2=(pyrrolidin=1=yl)butan=1=one. 4 13 Sec. 10. Section 124.204, subsection 6, paragraph i, 4 14 subparagraphs (23), (24), (25), and (26), Code 2016, are 4 15 amended by striking the subparagraphs. 4 16 Sec. 11. Section 124.204, subsection 9, Code 2016, is 4 17 amended by adding the following new paragraphs: 4 18 NEW PARAGRAPH. 0a. HU=210. [(6aR,10aR)=9=(hydroxymethyl)= 4 19 6,6=dimethyl=3=(2=methyloctan=2=yl) 6a,7,10,10a= 4 20 tetrahydrobenzo[c] chromen=1=ol)]. 4 21 NEW PARAGRAPH. 00a. HU=211(dexanabinol, 4 22 (6aS,10aS)=9=(hydroxymethyl)=6,6=dimethyl=3=(2= 4 23 methyloctan=2=yl)=6a,7,10,10a=tetrahydrobenzo[c] chromen=1=ol). 4 24 NEW PARAGRAPH. 000a. Unless specifically exempted or unless 4 25 listed in another schedule, any material, compound, mixture, 4 26 or preparation which contains any quantity of cannabimimetic 4 27 agents, or which contains their salts, isomers, and salts of 4 28 isomers whenever the existence of such salts, isomers, and 4 29 salts of isomers is possible within the specific chemical 4 30 designation. 4 31 (1) The term "cannabimimetic agents" means any substance 4 32 that is a cannabinoid receptor type 1 (CB1 receptor) agonist as 4 33 demonstrated by binding studies and functional assays within 4 34 any of the following structural classes: 4 35 (a) 2=(3=hydroxycyclohexyl)phenol with substitution at the 5 1 5=position of the phenolic ring by alkyl or alkenyl, whether or 5 2 not substituted on the cyclohexyl ring to any extent. 5 3 (b) 3=(1=naphthoyl)indole or 3=(1=naphthylmethane)indole by 5 4 substitution at the nitrogen atom of the indole ring, whether 5 5 or not further substituted on the indole ring to any extent, 5 6 whether or not substituted on the naphthoyl or naphthyl ring 5 7 to any extent. 5 8 (c) 3=(1=naphthoyl)pyrrole by substitution at the nitrogen 5 9 atom of the pyrrole ring, whether or not further substituted in 5 10 the pyrrole ring to any extent, whether or not substituted on 5 11 the naphthoyl ring to any extent. 5 12 (d) 1=(1=naphthylmethylene)indene by substitution of 5 13 the 3=position of the indene ring, whether or not further 5 14 substituted in the indene ring to any extent, whether or not 5 15 substituted on the naphthyl ring to any extent. 5 16 (e) 3=phenylacetylindole or 3=benzoylindole by substitution 5 17 at the nitrogen atom of the indole ring, whether or not further 5 18 substituted in the indole ring to any extent, whether or not 5 19 substituted on the phenyl ring to any extent. 5 20 (2) Such terms include: 5 21 (a) CP 47,497 and homologues 5=(1,1=dimethylheptyl)=2= 5 22 [(1R,3S)=3=hydroxycyclohexl]phenol. 5 23 (b) JWH=018 and AM678 1=Pentyl=3=(1=naphthoyl)indole. 5 24 (c) JWH=073 1=Butyl=3=(1=naphthoyl)indole. 5 25 (d) JWH=200[1=[2=(4=morpholinyl)ethyl]=1H= 5 26 indol=3=yl]=1=naphthalenyl=methanone. 5 27 (e) JWH=19 1=hexyl=3=(1=naphthoyl)indole. 5 28 (f) JWH=81 1=pentyl=3=[1=(4=methoxynaphthoyl)]indole. 5 29 (g) JWH=122 1=pentyl=3=(4=methyl=1=naphthoyl)indole. 5 30 (h) JWH=250 1=pentyl=3=(2=methoxyphenylacetyl)indole. 5 31 (i) RCS=4 and SR=19 1=pentyl=3=[(4methoxy)=benzoyl]indole. 5 32 (j) RCS=8 and SR 18 1=cyclohexylethyl=3= 5 33 (2=methoxyphenylacetyl)indole. 5 34 (k) AM2201 1=(5=fluoropentyl)=3=(1=naphthoyl)indole. 5 35 (l) JWH=203 1=pentyl=3=(2=chlorophenylacetyl)indole. 6 1 (m) JWH=398 1=pentyl=3=(4=chloro=1=naphthoyl)indole. 6 2 (n) AM694 1=(5=fluoropentyl)=3=(2=iodobenzoyl)indole. 6 3 (o) Cannabicyclohexanol or CP=47,497 C8=homolog 5= 6 4 (1,1=dimethyloctyl)=2=[(1R,3S)=3=hydroxycyclohexyl]=phenol. 6 5 NEW PARAGRAPH. 0d. N=(1=amino=3=methyl=1=oxobutan=2= 6 6 yl)=1=(4= fluorobenzyl)=1H=indazole=3=carboxamide. Other 6 7 names: AB=FUBINACA. 6 8 NEW PARAGRAPH. 00d. N=(1=amino= 6 9 3,3=dimethyl=1=oxobutan=2=yl)=1=pentyl= 6 10 1 H=indazole=3=carboxamide. Other names: ADB=PINACA. 6 11 NEW PARAGRAPH. 000d. Quinolin=8=yl 6 12 1=pentyl=lH=indole=3=carboxylate. 6 13 Other names: PB=22, QUPIC. 6 14 NEW PARAGRAPH. 0000d. Quinolin=8=yl 6 15 1=(5=fluoropentyl)=1H=indole=3=carboxylate. Other names: 6 16 5=fluoro=PB=22, 5F=PB=22. 6 17 NEW PARAGRAPH. 00000d. N=(1=amino=3=methyl=1=oxobutan= 6 18 2=yl)=1=pentyl=1H=indazole=3=carboxamide. Other names: 6 19 AB=PINACA. 6 20 NEW PARAGRAPH. 000000d. N=(1=amino=3=methyl=1=oxobutan= 6 21 2=yl)=1=(cyclohexylmethyl)=1H=indazole=3=carboxamide. Other 6 22 names: AB=CHMINACA. 6 23 NEW PARAGRAPH. 0000000d. [1=(5=fluoropentyl)=1H=indazol= 6 24 3=yl](naphthalen=1=yl)methanone. Other names: THJ=2201. 6 25 Sec. 12. Section 124.208, subsection 5, paragraph a, 6 26 subparagraphs (3) and (4), Code 2016, are amended by striking 6 27 the subparagraphs. 6 28 Sec. 13. Section 124.210, subsection 2, Code 2016, is 6 29 amended by adding the following new paragraph: 6 30 NEW PARAGRAPH. c. 2=[(dimethylamino)methyl]=1= 6 31 (3=methoxyphenyl)cyclohexanol, its salts, optical and geometric 6 32 isomers, and salts of these isomers (including tramadol). 6 33 Sec. 14. Section 124.210, subsection 3, Code 2016, is 6 34 amended by adding the following new paragraphs: 6 35 NEW PARAGRAPH. bb. Alfaxalone. 7 1 NEW PARAGRAPH. bc. Suvorexant. 7 2 Sec. 15. Section 124.401, subsection 1, unnumbered 7 3 paragraph 1, Code 2016, is amended to read as follows: 7 4 Except as authorized by this chapter, it is unlawful for any 7 5 person to manufacture, deliver, or possess with the intent to 7 6 manufacture or deliver, a controlled substance, a counterfeit 7 7 substance,ora simulated controlled substance, or an imitation 7 8 controlled substance, or to act with, enter into a common 7 9 scheme or design with, or conspire with one or more other 7 10 persons to manufacture, deliver, or possess with the intent to 7 11 manufacture or deliver a controlled substance, a counterfeit 7 12 substance,ora simulated controlled substance, or an imitation 7 13 controlled substance. 7 14 Sec. 16. Section 124.401, subsection 1, paragraph a, 7 15 unnumbered paragraph 1, Code 2016, is amended to read as 7 16 follows: 7 17 Violation of this subsection, with respect to the following 7 18 controlled substances, counterfeit substances,orsimulated 7 19 controlled substances, or imitation controlled substances, is a 7 20 class "B" felony, and notwithstanding section 902.9, subsection 7 21 1, paragraph "b", shall be punished by confinement for no 7 22 more than fifty years and a fine of not more than one million 7 23 dollars: 7 24 Sec. 17. Section 124.401, subsection 1, paragraph a, 7 25 subparagraph (3), Code 2016, is amended to read as follows: 7 26 (3) More thanfiftyone hundred twenty=five grams of a 7 27 mixture or substance described in subparagraph (2) which 7 28 contains cocaine base. 7 29 Sec. 18. Section 124.401, subsection 1, paragraph a, Code 7 30 2016, is amended by adding the following new subparagraph: 7 31 NEW SUBPARAGRAPH. (8) More than ten kilograms of a 7 32 mixture or substance containing any detectable amount of those 7 33 substances identified in section 124.204, subsection 9. 7 34 Sec. 19. Section 124.401, subsection 1, paragraph b, 7 35 unnumbered paragraph 1, Code 2016, is amended to read as 8 1 follows: 8 2 Violation of this subsection with respect to the following 8 3 controlled substances, counterfeit substances,orsimulated 8 4 controlled substances, or imitation controlled substances is a 8 5 class "B" felony, and in addition to the provisions of section 8 6 902.9, subsection 1, paragraph "b", shall be punished by a 8 7 fine of not less than five thousand dollars nor more than one 8 8 hundred thousand dollars: 8 9 Sec. 20. Section 124.401, subsection 1, paragraph b, 8 10 subparagraph (3), Code 2016, is amended to read as follows: 8 11 (3) More thantenthirty=five grams but not more than 8 12fiftyone hundred twenty=five grams of a mixture or substance 8 13 described in subparagraph (2) which contains cocaine base. 8 14 Sec. 21. Section 124.401, subsection 1, paragraph b, Code 8 15 2016, is amended by adding the following new subparagraph: 8 16 NEW SUBPARAGRAPH. (9) More than five kilograms but not 8 17 more than ten kilograms of a mixture or substance containing 8 18 any detectable amount of those substances identified in section 8 19 124.204, subsection 9. 8 20 Sec. 22. Section 124.401, subsection 1, paragraph c, 8 21 unnumbered paragraph 1, Code 2016, is amended to read as 8 22 follows: 8 23 Violation of this subsection with respect to the following 8 24 controlled substances, counterfeit substances,orsimulated 8 25 controlled substances, or imitation controlled substances is a 8 26 class "C" felony, and in addition to the provisions of section 8 27 902.9, subsection 1, paragraph "d", shall be punished by a 8 28 fine of not less than one thousand dollars nor more than fifty 8 29 thousand dollars: 8 30 Sec. 23. Section 124.401, subsection 1, paragraph c, 8 31 subparagraph (3), Code 2016, is amended to read as follows: 8 32 (3)TenThirty=five grams or less of a mixture or substance 8 33 described in subparagraph (2) which contains cocaine base. 8 34 Sec. 24. Section 124.401, subsection 1, paragraph c, 8 35 subparagraph (8), Code 2016, is amended to read as follows: 9 1 (8) Any other controlled substance, counterfeit substance, 9 2orsimulated controlled substance, or imitation controlled 9 3 substance classified in schedule I, II, or III, except as 9 4 provided in paragraph "d". 9 5 Sec. 25. Section 124.401, subsection 1, paragraph c, Code 9 6 2016, is amended by adding the following new subparagraph: 9 7 NEW SUBPARAGRAPH. (7A) Five kilograms or less of a 9 8 mixture or substance containing any detectable amount of those 9 9 substances identified in section 124.204, subsection 9. 9 10 Sec. 26. Section 124.401, subsection 1, paragraph d, Code 9 11 2016, is amended to read as follows: 9 12 d. Violation of this subsection, with respect to any other 9 13 controlled substances, counterfeit substances,orsimulated 9 14 controlled substancesclassified in section 124.204, subsection 9 15 4, paragraph "ai", or section 124.204, subsection 6, paragraph 9 16 "i", or, or imitation controlled substances classified in 9 17 schedule IV or V is an aggravated misdemeanor. However, 9 18 violation of this subsection involving fifty kilograms or less 9 19 of marijuana or involving flunitrazepam is a class "D" felony. 9 20 Sec. 27. Section 124.401, subsection 2, Code 2016, is 9 21 amended to read as follows: 9 22 2. If the same person commits two or more acts which are in 9 23 violation of subsection 1 and the acts occur in approximately 9 24 the same location or time period so that the acts can be 9 25 attributed to a single scheme, plan, or conspiracy, the acts 9 26 may be considered a single violation and the weight of the 9 27 controlled substances, counterfeit substances,orsimulated 9 28 controlled substances, or imitation controlled substances 9 29 involved may be combined for purposes of charging the offender. 9 30 Sec. 28. Section 124.401, subsection 5, unnumbered 9 31 paragraph 1, Code 2016, is amended to read as follows: 9 32 It is unlawful for any person knowingly or intentionally 9 33 to possess a controlled substance unless such substance was 9 34 obtained directly from, or pursuant to, a valid prescription 9 35 or order of a practitioner while acting in the course of the 10 1 practitioner's professional practice, or except as otherwise 10 2 authorized by this chapter. Any person who violates this 10 3 subsection is guilty of a serious misdemeanor for a first 10 4 offense. A person who commits a violation of this subsection 10 5 and who has previously been convicted of violating this chapter 10 6 or chapter124A,124B,or 453B, or chapter 124A as it existed 10 7 prior to July 1, 2016, is guilty of an aggravated misdemeanor. 10 8 A person who commits a violation of this subsection and has 10 9 previously been convicted two or more times of violating this 10 10 chapter or chapter124A,124B,or 453B, or chapter 124A as it 10 11 existed prior to July 1, 2016, is guilty of a class "D" felony. 10 12 Sec. 29. Section 124.401A, Code 2016, is amended to read as 10 13 follows: 10 14 124.401A Enhanced penalty for manufacture or distribution to 10 15 persons on certain real property. 10 16 In addition to any other penalties provided in this chapter, 10 17 a person who is eighteen years of age or older who unlawfully 10 18 manufactures with intent to distribute, distributes, or 10 19 possesses with intent to distribute a substance or counterfeit 10 20 substance listed in schedule I, II, or III, or a simulated or 10 21 imitation controlled substance represented to be a controlled 10 22 substance classified in schedule I, II, or III, to another 10 23 person who is eighteen years of age or older in or on, or within 10 24 one thousand feet of the real property comprising a public or 10 25 private elementary or secondary school, public park, public 10 26 swimming pool, public recreation center, or on a marked school 10 27 bus, may be sentenced up to an additional term of confinement 10 28 of five years. 10 29 Sec. 30. Section 124.401B, Code 2016, is amended to read as 10 30 follows: 10 31 124.401B Possession of controlled substances on certain real 10 32 property ==== additional penalty. 10 33 In addition to any other penalties provided in this chapter 10 34 or another chapter, a person who unlawfully possesses a 10 35 substance listed in schedule I, II, or III, or a simulated or 11 1 imitation controlled substance represented to be a controlled 11 2 substance classified in schedule I, II, or III, in or on, or 11 3 within one thousand feet of the real property comprising a 11 4 public or private elementary or secondary school, public park, 11 5 public swimming pool, public recreation center, or on a marked 11 6 school bus, may be sentenced to one hundred hours of community 11 7 service work for a public agency or a nonprofit charitable 11 8 organization. The court shall provide the offender with a 11 9 written statement of the terms and monitoring provisions of the 11 10 community service. 11 11 Sec. 31. Section 124.406, subsection 2, Code 2016, is 11 12 amended to read as follows: 11 13 2. A person who is eighteen years of age or older who: 11 14 a. Unlawfully distributes or possesses with the intent to 11 15 distribute a counterfeit substance listed in schedule I or II, 11 16 or a simulated or imitation controlled substance represented 11 17 to be a substance classified in schedule I or II, to a person 11 18 under eighteen years of age commits a class "B" felony. 11 19 However, if the substance was distributed in or on, or within 11 20 one thousand feet of, the real property comprising a public or 11 21 private elementary or secondary school, public park, public 11 22 swimming pool, public recreation center, or on a marked school 11 23 bus, the person shall serve a minimum term of confinement of 11 24 ten years. 11 25 b. Unlawfully distributes or possesses with intent to 11 26 distribute a counterfeit substance listed in schedule III, or 11 27 a simulated or imitation controlled substance represented to 11 28 be any substance listed in schedule III, to a person under 11 29 eighteen years of age who is at least three years younger than 11 30 the violator commits a class "C" felony. 11 31 c. Unlawfully distributes a counterfeit substance listed 11 32 in schedule IV or V, or a simulated or imitation controlled 11 33 substance represented to be a substance listed in schedule IV 11 34 or V, to a person under eighteen years of age who is at least 11 35 three years younger than the violator commits an aggravated 12 1 misdemeanor. 12 2 Sec. 32. Section 124.415, Code 2016, is amended to read as 12 3 follows: 12 4 124.415 Parental and school notification ==== persons under 12 5 eighteen years of age. 12 6 A peace officer shall make a reasonable effort to identify a 12 7 person under the age of eighteen discovered to be in possession 12 8 of a controlled substance, counterfeit substance,orsimulated 12 9 controlled substance, or imitation controlled substance in 12 10 violation of this chapter, and if the person is not referred 12 11 to juvenile court, the law enforcement agency of which the 12 12 peace officer is an employee shall make a reasonable attempt 12 13 to notify the person's custodial parent or legal guardian 12 14 of such possession, whether or not the person is arrested, 12 15 unless the officer has reasonable grounds to believe that such 12 16 notification is not in the best interests of the person or will 12 17 endanger that person. If the person is taken into custody, 12 18 the peace officer shall notify a juvenile court officer who 12 19 shall make a reasonable effort to identify the elementary or 12 20 secondary school the person attends, if any, and to notify the 12 21 superintendent of the school district, the superintendent's 12 22 designee, or the authorities in charge of the nonpublic school 12 23 of the taking into custody. A reasonable attempt to notify 12 24 the person includes but is not limited to a telephone call or 12 25 notice by first=class mail. 12 26 Sec. 33. NEW SECTION. 124.417 Imitation controlled 12 27 substances ==== exceptions. 12 28 It is not unlawful under this chapter for a person registered 12 29 under section 124.302, to manufacture, deliver, or possess with 12 30 the intent to manufacture or deliver, or to act with, one or 12 31 more other persons to manufacture, deliver, or possess with 12 32 the intent to manufacture or deliver an imitation controlled 12 33 substance for use as a placebo by a registered practitioner in 12 34 the course of professional practice or research. 12 35 Sec. 34. Section 124.502, subsection 1, paragraph a, Code 13 1 2016, is amended to read as follows: 13 2 a. A district judge or district associate judge, within 13 3 the court's jurisdiction, and upon proper oath or affirmation 13 4 showing probable cause, may issue warrants for the purpose of 13 5 conducting administrative inspections under this chapter or 13 6 a related ruleor under chapter 124A. The warrant may also 13 7 permit seizures of property appropriate to the inspections. 13 8 For purposes of the issuance of administrative inspection 13 9 warrants, probable cause exists upon showing a valid public 13 10 interest in the effective enforcement of the statute or related 13 11 rules, sufficient to justify administrative inspection of the 13 12 area, premises, building, or conveyance in the circumstances 13 13 specified in the application for the warrant. 13 14 Sec. 35. Section 155A.6, subsection 3, Code 2016, is amended 13 15 to read as follows: 13 16 3. The board shall establish standards for 13 17 pharmacist=intern registration and may deny, suspend, 13 18 or revoke a pharmacist=intern registration for failure to meet 13 19 the standards or for any violation of the laws of this state, 13 20 another state, or the United States relating to prescription 13 21 drugs, controlled substances, or nonprescription drugs, or for 13 22 any violation of this chapter or chapter 124,124A,124B, 126, 13 23 147, or 205, or any rule of the board. 13 24 Sec. 36. Section 155A.6A, subsection 5, Code 2016, is 13 25 amended to read as follows: 13 26 5. The board may deny, suspend, or revoke the registration 13 27 of, or otherwise discipline, a registered pharmacy technician 13 28 for any violation of the laws of this state, another state, or 13 29 the United States relating to prescription drugs, controlled 13 30 substances, or nonprescription drugs, or for any violation of 13 31 this chapter or chapter 124,124A,124B, 126, 147, 205, or 13 32 272C, or any rule of the board. 13 33 Sec. 37. Section 155A.6B, subsection 5, Code 2016, is 13 34 amended to read as follows: 13 35 5. The board may deny, suspend, or revoke the registration 14 1 of a pharmacy support person or otherwise discipline the 14 2 pharmacy support person for any violation of the laws of 14 3 this state, another state, or the United States relating to 14 4 prescription drugs, controlled substances, or nonprescription 14 5 drugs, or for any violation of this chapter or chapter 124, 14 6124A,124B, 126, 147, 205, or 272C, or any rule of the board. 14 7 Sec. 38. Section 155A.13A, subsection 3, Code 2016, is 14 8 amended to read as follows: 14 9 3. Discipline. The board may deny, suspend, or revoke a 14 10 nonresident pharmacy license for any violation of this section, 14 11 section 155A.15, subsection 2, paragraph "a", "b", "d", "e", 14 12 "f", "g", "h", or "i", chapter 124,124A,124B, 126, or 205, or 14 13 a rule of the board. 14 14 Sec. 39. Section 155A.17, subsection 2, Code 2016, is 14 15 amended to read as follows: 14 16 2. The board shall establish standards for drug wholesaler 14 17 licensure and may define specific types of wholesaler licenses. 14 18 The board may deny, suspend, or revoke a drug wholesale license 14 19 for failure to meet the applicable standards or for a violation 14 20 of the laws of this state, another state, or the United 14 21 States relating to prescription drugs, devices, or controlled 14 22 substances, or for a violation of this chapter, chapter 124, 14 23124A,124B, 126, or 205, or a rule of the board. 14 24 Sec. 40. Section 155A.42, subsection 4, Code 2016, is 14 25 amended to read as follows: 14 26 4. The board may deny, suspend, or revoke a limited drug and 14 27 device distributor's license for failure to meet the applicable 14 28 standards or for a violation of the laws of this state, another 14 29 state, or the United States relating to prescription drugs or 14 30 controlled substances, or for a violation of this chapter, 14 31 chapter 124,124A,124B, 126, 205, or 272C, or a rule of the 14 32 board. 14 33 Sec. 41. REPEAL. Chapter 124A, Code 2016, is repealed. 14 34 EXPLANATION 14 35 The inclusion of this explanation does not constitute agreement with 15 1 the explanation's substance by the members of the general assembly. 15 2 This bill relates to controlled substances, including by 15 3 enhancing the penalties for imitation controlled substances, 15 4 modifying the controlled substances listed in schedules I, 15 5 III, IV, and temporarily designating substances as controlled 15 6 substances. 15 7 TEMPORARY CONTROLLED SUBSTANCE DESIGNATION. Under current 15 8 law and in the bill, the board of pharmacy may designate a new 15 9 substance as a controlled substance, by administrative rule, 15 10 without the general assembly amending Code chapter 124, only 15 11 if the substance is designated as a controlled substance under 15 12 federal law. 15 13 If the board of pharmacy designates a substance as 15 14 controlled, the bill specifies that the temporary designation 15 15 is considered a temporary amendment to the schedules of 15 16 controlled substances in Code chapter 124, and if the general 15 17 assembly does not amend Code chapter 124 to enact the temporary 15 18 amendment and make the enactment effective within two years 15 19 from the date the temporary amendment first became effective, 15 20 the temporary amendment is repealed by operation of law two 15 21 years from the effective date of the temporary amendment. A 15 22 temporary amendment repealed by operation of law is subject to 15 23 Code section 4.13 relating to the construction of statutes and 15 24 the application of a general savings provision. 15 25 Current law provides that if within 60 days after the next 15 26 general assembly convenes the general assembly has not made 15 27 the corresponding changes in Code chapter 124, the temporary 15 28 designation that the substance is a controlled substance is 15 29 nullified. 15 30 COCAINE BASE. The bill increases the amounts of controlled 15 31 substances containing cocaine base (crack cocaine) that 15 32 determine the criminal penalty for certain offenses. Under 15 33 the bill, if a person unlawfully manufactures, delivers, or 15 34 possesses with the intent to deliver a controlled substance 15 35 containing cocaine base, or unlawfully acts with, enters into 16 1 a common scheme or design with, or conspires with one or more 16 2 persons to manufacture, deliver, or possess such a controlled 16 3 substance, the person commits the following offenses: a class 16 4 "B" felony punishable by confinement of no more than 50 years 16 5 and a fine of not more than $1 million if the controlled 16 6 substance containing cocaine base is more than 125 grams rather 16 7 than the current 50 grams; a class "B" felony punishable by 16 8 confinement of no more than 25 years and a fine of not less than 16 9 $5,000 but not more than $100,000 if the imitation controlled 16 10 substance is more than 35 grams but not more than 125 grams 16 11 rather than the current 10 to 50 grams; or a class "C" felony 16 12 punishable by a fine of not less than $1,000 but not more than 16 13 $50,000 if the controlled substance containing cocaine base is 16 14 35 grams or less rather than the current 10 grams or less. 16 15 IMITATION CONTROLLED SUBSTANCES. Under current law 16 16 imitation controlled substances are regulated under Code 16 17 chapter 124A. The bill repeals Code chapter 124A and transfers 16 18 the regulation of imitation controlled substances to Code 16 19 chapter 124. The definition and designation of an imitation 16 20 controlled substance in Code chapter 124 remains identical 16 21 to the definition and designation of an imitation controlled 16 22 substance under current law in Code chapter 124A. 16 23 Under the bill and in current law, an imitation controlled 16 24 substance means a substance which is not a controlled substance 16 25 but by color, shape, size, markings, and other aspects of 16 26 dosage unit appearance, and packaging or other factors, appears 16 27 to be or resembles a controlled substance. The board of 16 28 pharmacy may designate a substance as an imitation controlled 16 29 substance pursuant to the board's rulemaking authority and in 16 30 accordance with Code chapter 17A. 16 31 In addition, under current law and in the bill, if a 16 32 substance has not been designated as an imitation controlled 16 33 substance by the board of pharmacy and when dosage unit 16 34 appearance alone does not establish that a substance is an 16 35 imitation controlled substance, the following factors may 17 1 be considered in determining whether the substance is an 17 2 imitation controlled substance: the substance is represented 17 3 as having the effect of a controlled substance; the substance 17 4 is represented as a controlled substance or as a substitute for 17 5 a controlled substance because of its nature or appearance; 17 6 or a person receives money or other property having a value 17 7 substantially greater than the actual value of the substance 17 8 when sold. 17 9 Under the bill, if a person unlawfully manufactures, 17 10 delivers, or possesses with the intent to deliver an imitation 17 11 controlled substance containing any detectable amount of those 17 12 substances identified in Code section 124.204(9), or unlawfully 17 13 acts with, enters into a common scheme or design with, or 17 14 conspires with one or more persons to manufacture, deliver, 17 15 or possess such imitation controlled substances, the person 17 16 commits the following offense: a class "B" felony punishable 17 17 by confinement of no more than 50 years and a fine of not more 17 18 than $1 million if the imitation controlled substance is more 17 19 than 10 kilograms; a class "B" felony punishable by confinement 17 20 of no more than 25 years and a fine of not less than $5,000 but 17 21 not more than $100,000 if the imitation controlled substance 17 22 is more than five kilograms but not more than 10 kilograms; a 17 23 class "C" felony punishable by a fine of not less than $1,000 17 24 but not more than $50,000 if the imitation controlled substance 17 25 is five kilograms or less; or an aggravated misdemeanor if the 17 26 imitation controlled substance is classified in schedule IV or 17 27 V; or a serious misdemeanor for a first possession offense, 17 28 an aggravated misdemeanor for a second possession offense, 17 29 or a class "D" felony for two or more previous possession 17 30 offenses. Current law in Code section 124A.4 provides that if 17 31 a person unlawfully manufactures, delivers, or possesses with 17 32 intent to deliver an imitation controlled substance, the person 17 33 commits an aggravated misdemeanor, or if the person delivers 17 34 to a person under 18 years of age who is at least three years 17 35 younger than the violator, the person commits a class "D" 18 1 felony. In addition, under current law, if a person unlawfully 18 2 and knowingly publishes an advertisement or distributes in a 18 3 public place a promotion for an imitation controlled substance 18 4 the person commits a serious misdemeanor. 18 5 The bill enhances the criminal penalties for controlled 18 6 substances classified in Code sections 124.204(4)(ai) and 18 7 124.204(6)(i) from an aggravated misdemeanor to a class "C" 18 8 felony punishable pursuant to Code section 124.401(1)(c)(8). 18 9 This change equalizes the criminal penalties with violations 18 10 involving other schedule I controlled substances. 18 11 The bill provides that if the same person commits two or 18 12 more acts which are in violation of Code section 124.401(1) 18 13 and the acts occur in the same location or time period so the 18 14 acts are attributable to a single scheme, the acts may be 18 15 considered a single violation and the weights of the imitation 18 16 controlled substance may be combined for purposes of charging 18 17 the offender. 18 18 The amendment to Code section 124.401A provides that 18 19 a person who is 18 years of age or older who unlawfully 18 20 manufactures with the intent to distribute, distributes, 18 21 or possesses with the intent to distribute an imitation 18 22 controlled substance to another person 18 years of age or older 18 23 within 1,000 feet of the real property comprising a public or 18 24 nonpublic school, may be sentenced up to an additional term of 18 25 confinement of five years in addition to any other penalty. 18 26 The amendment to Code section 124.401B provides that 18 27 a person who unlawfully possesses an imitation controlled 18 28 substance within 1,000 feet of the real property comprising a 18 29 school, public park, public pool, public recreation center, or 18 30 marked school bus may be sentenced up to 100 hours of community 18 31 service. 18 32 The amendments to Code section 124.406 relate to the 18 33 distribution or possession with the intent to distribute an 18 34 imitation controlled substance to a person under 18 years of 18 35 age. A person who distributes or possesses with the intent to 19 1 distribute an imitation controlled substance, represented to 19 2 be a substance listed in schedule I or schedule II, to a person 19 3 under 18 years of age commits a class "B" felony. The required 19 4 penalty for such a violation is a minimum term of confinement 19 5 of 10 years if the substance was distributed within 1,000 19 6 feet of the real property comprising a public or nonpublic 19 7 school, public park, public pool, or public recreation center. 19 8 A person who distributes or possesses with the intent to 19 9 distribute an imitation controlled substance, represented to be 19 10 a substance listed in schedule III, to a person under 18 years 19 11 of age, who is at least three years younger than the violator, 19 12 commits a class "C" felony. A person who distributes or 19 13 possesses with the intent to distribute an imitation controlled 19 14 substance, represented to be a substance listed in schedule 19 15 IV or schedule V, to a person under 18 years of age, who is 19 16 at least three years younger than the violator, commits an 19 17 aggravated misdemeanor. 19 18 The amendment to Code section 124.415 requires that a peace 19 19 officer make a reasonable effort to identify a person under 18 19 20 years of age discovered to be in possession of an imitation 19 21 controlled substance, and if the person is not referred to 19 22 juvenile court, the peace officer shall make a reasonable 19 23 effort to notify the person's custodial parent of the 19 24 possession unless the officer has reasonable grounds to believe 19 25 such notification is not in the best interests of the person. 19 26 The bill specifies that if the person is taken into custody 19 27 the juvenile court officer shall make a reasonable effort to 19 28 identify the school of attendance and to notify the school or 19 29 nonpublic school of the taking into custody of the person. 19 30 The bill creates Code section 124.417, which is similar to 19 31 Code section 124A.5 repealed by the bill. A person registered 19 32 under Code section 124.302 does not violate the bill if the 19 33 person manufactures, delivers, possesses, or possesses with the 19 34 intent to manufacture or deliver, or acts with others to do 19 35 such activities, if the person uses the imitation controlled 20 1 substance for use as a placebo by a registered practitioner in 20 2 the court of professional practice or research. 20 3 SCHEDULE I, III, AND IV CONTROLLED SUBSTANCES. The bill 20 4 transfers numerous substances classified as "hallucinogenic 20 5 substances" under schedule I and reclassifies the substances 20 6 as "other substances" under schedule I. By transferring the 20 7 substances to "other substances", a person commits a class "C" 20 8 felony under Code section 124.401(1)(c)(8) if the violation 20 9 involves such a substance. Under current law, a person commits 20 10 an aggravated misdemeanor under Code section 124.401(1)(d) when 20 11 committing such violations. 20 12 The bill adds new substances as "hallucinogenic substances" 20 13 under schedule I. A person commits a class "C" felony under 20 14 Code section 124.401(1)(c)(8) if the violation involves the new 20 15 hallucinogenic substances. 20 16 The bill adds new substances as "stimulants" under schedule 20 17 I. A person commits a class "C" felony under Code section 20 18 124.401(1)(c)(8) if the violation involves the new stimulant 20 19 substances. 20 20 The bill also adds new substances to the classification of 20 21 "other substances" under schedule I. A person commits a class 20 22 "C" felony under Code section 124.401(1)(c)(8) for a violation 20 23 involving the new substances. 20 24 The bill strikes one substance classified as a 20 25 "hallucinogenic substance" under schedule I and reclassifies 20 26 the substance as a "stimulant" containing a synthetic cathinone 20 27 under schedule I. The transfer of the substance within 20 28 schedule I also changes the criminal penalty for a violation 20 29 involving the substance from a class "C" felony under Code 20 30 section 124.401(1)(c)(8) to an aggravated misdemeanor under 20 31 Code section 124.401(1)(d). The bill also strikes a substance 20 32 in Code section 124.204(6)(i)(3) from schedule I and does not 20 33 reclassify the substance in any other substance schedule. 20 34 The bill also removes numerous substances from schedule I 20 35 which are currently classified as "stimulants" in Code section 21 1 124.204(6)(i). 21 2 The bill also strikes two narcotic substances from schedule 21 3 III and adds three substances to schedule IV. A violation 21 4 involving a schedule IV controlled substance is punishable as 21 5 an aggravated misdemeanor in Code section 124.401(1)(d). LSB 5168YH (5) 86 jm/nh
