Bill Text: IA HF2398 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act classifying certain substances as schedule I controlled substances, making penalties applicable, and including effective date provisions. (Formerly HSB 609)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-03-15 - Read first time, referred to Judiciary. S.J. 572. [HF2398 Detail]
Download: Iowa-2011-HF2398-Introduced.html
House
File
2398
-
Introduced
HOUSE
FILE
2398
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HSB
609)
A
BILL
FOR
An
Act
classifying
certain
substances
as
schedule
I
controlled
1
substances,
making
penalties
applicable,
and
including
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2398
Section
1.
Section
124.201,
subsection
4,
Code
2011,
is
1
amended
to
read
as
follows:
2
4.
If
any
new
substance
is
designated
as
a
controlled
3
substance
under
federal
law
and
notice
of
the
designation
is
4
given
to
the
board,
the
board
shall
similarly
designate
as
5
controlled
the
new
substance
under
this
chapter
after
the
6
expiration
of
thirty
days
from
publication
in
the
Federal
7
Register
of
a
final
order
designating
a
new
substance
as
a
8
controlled
substance,
unless
within
that
thirty-day
period
9
the
board
objects
to
the
new
designation.
In
that
case
the
10
board
shall
publish
the
reasons
for
objection
and
afford
11
all
interested
parties
an
opportunity
to
be
heard.
At
12
the
conclusion
of
the
hearing
the
board
shall
announce
its
13
decision.
Upon
publication
of
objection
to
a
new
substance
14
being
designated
as
a
controlled
substance
under
this
chapter
15
by
the
board,
control
under
this
chapter
is
stayed
until
the
16
board
publishes
its
decision.
If
a
substance
is
designated
17
as
controlled
by
the
board
under
this
paragraph
subsection
18
the
control
shall
be
temporary
and
if
within
sixty
days
after
19
the
next
regular
session
of
the
general
assembly
convenes
it
20
has
not
made
the
corresponding
changes
in
this
chapter
,
the
21
temporary
designation
of
control
of
the
substance
by
the
board
22
shall
be
nullified.
23
Sec.
2.
Section
124.204,
subsection
4,
paragraph
ai,
Code
24
Supplement
2011,
is
amended
by
striking
the
paragraph
and
25
inserting
in
lieu
thereof
the
following:
26
ai.
(1)
Salvia
divinorum.
27
(2)
Salvinorin
A.
28
(3)
HU-210.
[(6aR,10aR)-9-(hydroxymethyl)-6,6-
29
dimethyl-3-(2-methyloctan-2-yl)
6a,7,10,10a-tetrahydrobenzo[c]
30
chromen-1-ol)].
31
(4)
HU-211(dexanabinol,
(6aS,10aS)-9-(hydroxymethyl)-6,6-
32
dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]
33
chromen-1-ol).
34
(5)
Unless
specifically
exempted
or
unless
listed
in
35
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another
schedule,
any
material,
compound,
mixture,
or
1
preparation
which
contains
any
quantity
of
cannabimimetic
2
agents,
or
which
contains
their
salts,
isomers,
and
salts
of
3
isomers
whenever
the
existence
of
such
salts,
isomers,
and
4
salts
of
isomers
is
possible
within
the
specific
chemical
5
designation.
6
(a)
The
term
“cannabimimetic
agents”
means
any
substance
7
that
is
a
cannabinoid
receptor
type
1
(CB1
receptor)
agonist
as
8
demonstrated
by
binding
studies
and
functional
assays
within
9
any
of
the
following
structural
classes:
10
(i)
2-(3-hydroxycyclohexyl)phenol
with
substitution
at
the
11
5-position
of
the
phenolic
ring
by
alkyl
or
alkenyl,
whether
or
12
not
substituted
on
the
cyclohexyl
ring
to
any
extent.
13
(ii)
3-(1-naphthoyl)indole
or
3-(1-naphthylmethane)indole
14
by
substitution
at
the
nitrogen
atom
of
the
indole
ring,
15
whether
or
not
further
substituted
on
the
indole
ring
to
any
16
extent,
whether
or
not
substituted
on
the
naphthoyl
or
naphthyl
17
ring
to
any
extent.
18
(iii)
3-(1-naphthoyl)pyrrole
by
substitution
at
the
19
nitrogen
atom
of
the
pyrrole
ring,
whether
or
not
further
20
substituted
in
the
pyrrole
ring
to
any
extent,
whether
or
not
21
substituted
on
the
naphthoyl
ring
to
any
extent.
22
(iv)
1-(1-naphthylmethylene)indene
by
substitution
of
23
the
3-position
of
the
indene
ring,
whether
or
not
further
24
substituted
in
the
indene
ring
to
any
extent,
whether
or
not
25
substituted
on
the
naphthyl
ring
to
any
extent.
26
(v)
3-phenylacetylindole
or
3-benzoylindole
by
substitution
27
at
the
nitrogen
atom
of
the
indole
ring,
whether
or
not
further
28
substituted
in
the
indole
ring
to
any
extent,
whether
or
not
29
substituted
on
the
phenyl
ring
to
any
extent.
30
(b)
Such
terms
include:
31
(i)
CP
47,
497
and
homologues
2-[(1R,
3S)-3-
32
hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol).
33
(ii)
JWH-018
and
AM678
1-Pentyl-3-(1-naphthoyl)indole.
34
(iii)
JWH-073
1-Butyl-3-(1-naphthoyl)indole.
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(iv)
JWH-200
[1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-
1
naphthalenyl-methanone.
2
(v)
JWH-19
1-hexyl-3-(1-naphthoyl)indole.
3
(vi)
JWH-81
1-pentyl-3-[1-(4-methoxynaphthoyl)]indole.
4
(vii)
JWH-122
1-pentyl-3-(4-methyl-1-naphthoyl)indole.
5
(viii)
JWH-250
1-pentyl-3-(2-methoxynaphthoyl)indole.
6
(ix)
RCS-4
and
SR-19
1-pentyl-3-[(4methoxy)-benzoyl]indole.
7
(x)
RCS-8
and
SR-18
1-cyclohexylethyl-3-
8
(-2-methoxyphenylacety)indole.
9
(xi)
AM2201
1-(5-fluoropentyl)-3-(1-naphthoyl)indole.
10
(xii)
JWH-203
1-pentyl-3-(2-chlorophenylacetyl)indole.
11
(xiii)
JWH-398
1-pentyl-3-(4-chloro-1-naphthoyl)indole.
12
(xiv)
AM694
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
13
(xv)
Cannabicyclohexanol
or
CP–47,497
C8-homolog
14
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol.
15
Sec.
3.
Section
124.204,
subsection
6,
Code
Supplement
16
2011,
is
amended
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
i.
Any
substance,
compound,
mixture
or
18
preparation
which
contains
any
quantity
of
any
synthetic
19
cathinone
that
is
not
approved
as
a
pharmaceutical,
including
20
but
not
limited
to
the
following:
21
(1)
Mephedrone,
also
known
as
4-methylmethcathinone,(RS)-2-
22
methylamino-l-(4-methylphenyl)
propan-1-one.
23
(2)
Methylene-dioxypyrovalerone(MDPV)[(1-(1,3-
24
Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone].
25
(3)
Methylone,
also
known
as
26
3,4-methylenedioxymethcathinone.
27
(4)
Naphthylpyrovalerone
(naphyrone).
28
(5)
4-fluoromethcathinone(flephedrone)
or
a
positional
29
isomer
of
4-fluoromethcathinone.
30
(6)
4-methoxymethcathinone
(methedrone;Bk-PMMA).
31
(7)
Ethcathinone.
32
(8)
3,4-methylenedioxyethcathinone(ethylone).
33
(9)
Beta-keto-N-methyl-3,4-benzodioxyolybutanamine
34
(butylone).
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(10)
N,N-dimethylcathinone(metamfepramone).
1
(11)
Alpha-pyrrolidinopropiophenone
(alpha-PPP).
2
(12)
4-methoxy-alpha-pyrrolidinopropiophenone
(MOPPP).
3
(13)
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone
4
(MDPPP).
5
(14)
Alpha-pyrrolidinovalerophenone
(alpha-PVP).
6
(15)
6,7-dihydro-5H-indeno(5,6-d)-1,3-dioxal-6
6-amine)
7
(MDAI).
8
(16)
3-fluoromethcathinone.
9
(17)
4’-Methyl-
a
-pyrrolidinobutiophenone
(MPBP).
10
(18)
2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine
(2C–E).
11
(19)
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine
(2C–D).
12
(20)
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine
(2C–C).
13
(21)
2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine
(2C–I).
14
(22)
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
15
(2C–T–2).
16
(23)
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine
17
(2C–T–4).
18
(24)
2-(2,5-Dimethoxyphenyl)ethanamine
(2C–H).
19
(25)
2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine
(2C–N).
20
(26)
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine
(2C–P).
21
Sec.
4.
Section
124.401,
subsection
1,
paragraph
d,
Code
22
Supplement
2011,
is
amended
to
read
as
follows:
23
d.
Violation
of
this
subsection
,
with
respect
to
any
other
24
controlled
substances,
counterfeit
substances,
or
simulated
25
controlled
substances
classified
in
section
124.204,
subsection
26
4,
paragraph
“ai”
,
section
124.204,
subsection
6,
paragraph
“i”
,
27
or
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
28
However,
violation
of
this
subsection
involving
fifty
kilograms
29
or
less
of
marijuana
or
involving
flunitrazepam
is
a
class
“D”
30
felony.
31
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
32
immediate
importance,
takes
effect
upon
enactment.
33
EXPLANATION
34
This
bill
classifies
certain
substances
as
schedule
I
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controlled
substances,
and
makes
penalties
applicable.
1
The
bill
adds
numerous
synthetic
cannabinoids,
also
known
as
2
“K2”,
to
the
list
of
schedule
I
controlled
substances
in
Code
3
section
124.204(4)(ai).
4
The
bill
adds
numerous
substances
containing
any
quantity
of
5
any
synthetic
cathinone
that
are
not
approved
pharmaceuticals
6
to
the
list
of
schedule
I
controlled
substances
in
Code
section
7
124.204(6).
8
A
schedule
I
controlled
substance
is
considered
to
have
a
9
high
potential
for
abuse
and
no
medical
purpose
in
treatment
in
10
the
United
States.
11
Under
the
bill,
it
is
an
aggravated
misdemeanor
pursuant
12
to
Code
section
124.401(1)(d)
for
any
unauthorized
person
to
13
manufacture,
deliver,
or
possess
with
the
intent
to
manufacture
14
or
deliver
a
synthetic
cannabinoid
classified
as
a
schedule
I
15
controlled
substance
in
Code
section
124.204(4)(ai)
including
16
its
counterfeit
or
simulated
form,
or
to
act
with,
enter
into
17
a
common
scheme
or
design
with,
or
conspire
with
one
or
more
18
persons
to
manufacture,
deliver,
or
possess
with
the
intent
to
19
manufacture
or
deliver
such
a
schedule
I
controlled
substance.
20
It
is
also
an
aggravated
misdemeanor
pursuant
to
Code
21
section
124.401(1)(d)
under
the
bill
for
any
unauthorized
22
person
to
manufacture,
deliver,
or
possess
with
the
intent
to
23
manufacture
or
deliver
a
synthetic
cathinone
classified
as
a
24
schedule
I
controlled
substance
in
Code
section
124.204(6)(i)
25
including
its
counterfeit
or
simulated
form,
or
to
act
with,
26
enter
into
a
common
scheme
or
design
with,
or
conspire
with
one
27
or
more
persons
to
manufacture,
deliver,
or
possess
with
the
28
intent
to
manufacture
or
deliver
such
a
schedule
I
controlled
29
substance.
30
It
is
also
a
serious
misdemeanor
for
a
first
offense
31
violation
of
Code
section
124.401(5)
for
any
unauthorized
32
person
to
possess
a
controlled
substance
classified
as
a
33
schedule
I
controlled
substance.
34
An
aggravated
misdemeanor
is
punishable
by
confinement
for
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