Bill Text: IA HF567 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to controlled substances, including by 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. (Formerly HF 279)

Spectrum: Partisan Bill (? 1-0)

Status: (Engrossed - Dead) 2016-04-26 - Fiscal note, as amended. HCS. [HF567 Detail]

Download: Iowa-2015-HF567-Introduced.html
House File 567 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON PUBLIC
                                     SAFETY

                                 (SUCCESSOR TO HF 279)

                                      A BILL FOR

  1 An Act relating to controlled substances, including by
  2    enhancing the penalties for imitation controlled substances,
  3    modifying the controlled substances listed in schedules
  4    I, III, and IV, and temporarily designating substances as
  5    controlled substances, and providing penalties.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1434HV (3) 86
    jm/rj

PAG LIN



  1  1    Section 1.  Section 124.101, Code 2015, 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 2015, 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 temporary and 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 nullified amendment 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 2015, are amended by
  2 34 striking the subparagraphs.
  2 35    Sec. 5.  Section 124.204, subsection 4, paragraph aj, Code
  3  1 2015, 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 2015, 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 2015, 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 2015, 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 2015, 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 2015, are
  4 15 amended by striking the subparagraphs.
  4 16    Sec. 11.  Section 124.204, subsection 9, Code 2015, 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=FUB1NACA.
  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 2015, are amended by striking
  6 27 the subparagraphs.
  6 28    Sec. 13.  Section 124.210, subsection 2, Code 2015, 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 2015, 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 2015, 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, or a 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, or a 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 2015, 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, or simulated
  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, Code
  7 25 2015, is amended by adding the following new subparagraph:
  7 26    NEW SUBPARAGRAPH.  (8)  More than ten kilograms of a
  7 27 mixture or substance containing any detectable amount of those
  7 28 substances identified in section 124.204, subsection 9.
  7 29    Sec. 18.  Section 124.401, subsection 1, paragraph b,
  7 30 unnumbered paragraph 1, Code 2015, is amended to read as
  7 31 follows:
  7 32    Violation of this subsection with respect to the following
  7 33 controlled substances, counterfeit substances, or simulated
  7 34 controlled substances, or imitation controlled substances is a
  7 35 class "B" felony, and in addition to the provisions of section
  8  1 902.9, subsection 1, paragraph "b", shall be punished by a
  8  2 fine of not less than five thousand dollars nor more than one
  8  3 hundred thousand dollars:
  8  4    Sec. 19.  Section 124.401, subsection 1, paragraph b, Code
  8  5 2015, is amended by adding the following new subparagraph:
  8  6    NEW SUBPARAGRAPH.  (9)  More than five kilograms but not
  8  7 more than ten kilograms of a mixture or substance containing
  8  8 any detectable amount of those substances identified in section
  8  9 124.204, subsection 9.
  8 10    Sec. 20.  Section 124.401, subsection 1, paragraph c,
  8 11 unnumbered paragraph 1, Code 2015, is amended to read as
  8 12 follows:
  8 13    Violation of this subsection with respect to the following
  8 14 controlled substances, counterfeit substances, or simulated
  8 15 controlled substances, or imitation controlled substances is a
  8 16 class "C" felony, and in addition to the provisions of section
  8 17 902.9, subsection 1, paragraph "d", shall be punished by a
  8 18 fine of not less than one thousand dollars nor more than fifty
  8 19 thousand dollars:
  8 20    Sec. 21.  Section 124.401, subsection 1, paragraph c, Code
  8 21 2015, is amended by adding the following new subparagraph:
  8 22    NEW SUBPARAGRAPH.  (8)  Five kilograms or less of a mixture
  8 23 or substance containing any detectable amount of those
  8 24 substances identified in section 124.204, subsection 9.
  8 25    Sec. 22.  Section 124.401, subsection 1, paragraph c,
  8 26 subparagraph (8), Code 2015, is amended to read as follows:
  8 27    (8)  (9)  Any other controlled substance, counterfeit
  8 28 substance, or simulated controlled substance, or imitation
  8 29 substance classified in schedule I, II, or III, except as
  8 30 provided in paragraph "d".
  8 31    Sec. 23.  Section 124.401, subsection 1, paragraph d, Code
  8 32 2015, is amended to read as follows:
  8 33    d.  Violation of this subsection, with respect to any other
  8 34 controlled substances, counterfeit substances, or simulated
  8 35 controlled substances classified in section 124.204, subsection
  9  1 4, paragraph "ai", or section 124.204, subsection 6, paragraph
  9  2 "i", or, or imitation controlled substances classified in
  9  3 schedule IV or V is an aggravated misdemeanor. However,
  9  4 violation of this subsection involving fifty kilograms or less
  9  5 of marijuana or involving flunitrazepam is a class "D" felony.
  9  6    Sec. 24.  Section 124.401, subsection 2, Code 2015, is
  9  7 amended to read as follows:
  9  8    2.  If the same person commits two or more acts which are in
  9  9 violation of subsection 1 and the acts occur in approximately
  9 10 the same location or time period so that the acts can be
  9 11 attributed to a single scheme, plan, or conspiracy, the acts
  9 12 may be considered a single violation and the weight of the
  9 13 controlled substances, counterfeit substances, or simulated
  9 14 controlled substances, or imitation controlled substances
  9 15  involved may be combined for purposes of charging the offender.
  9 16    Sec. 25.  Section 124.401, subsection 5, unnumbered
  9 17 paragraph 1, Code 2015, is amended to read as follows:
  9 18    It is unlawful for any person knowingly or intentionally
  9 19 to possess a controlled substance unless such substance was
  9 20 obtained directly from, or pursuant to, a valid prescription
  9 21 or order of a practitioner while acting in the course of the
  9 22 practitioner's professional practice, or except as otherwise
  9 23 authorized by this chapter. Any person who violates this
  9 24 subsection is guilty of a serious misdemeanor for a first
  9 25 offense. A person who commits a violation of this subsection
  9 26 and who has previously been convicted of violating this chapter
  9 27 or chapter 124A, 124B, or 453B, or chapter 124A as it existed
  9 28 prior to July 1, 2015, is guilty of an aggravated misdemeanor.
  9 29 A person who commits a violation of this subsection and has
  9 30 previously been convicted two or more times of violating this
  9 31 chapter or chapter 124A, 124B, or 453B is guilty of a class "D"
  9 32 felony.
  9 33    Sec. 26.  Section 124.401A, Code 2015, is amended to read as
  9 34 follows:
  9 35    124.401A  Enhanced penalty for manufacture or distribution to
 10  1 persons on certain real property.
 10  2    In addition to any other penalties provided in this chapter,
 10  3 a person who is eighteen years of age or older who unlawfully
 10  4 manufactures with intent to distribute, distributes, or
 10  5 possesses with intent to distribute a substance or counterfeit
 10  6 substance listed in schedule I, II, or III, or a simulated or
 10  7 imitation controlled substance represented to be a controlled
 10  8 substance classified in schedule I, II, or III, to another
 10  9 person who is eighteen years of age or older in or on, or within
 10 10 one thousand feet of the real property comprising a public or
 10 11 private elementary or secondary school, public park, public
 10 12 swimming pool, public recreation center, or on a marked school
 10 13 bus, may be sentenced up to an additional term of confinement
 10 14 of five years.
 10 15    Sec. 27.  Section 124.401B, Code 2015, is amended to read as
 10 16 follows:
 10 17    124.401B  Possession of controlled substances on certain real
 10 18 property ==== additional penalty.
 10 19    In addition to any other penalties provided in this chapter
 10 20 or another chapter, a person who unlawfully possesses a
 10 21 substance listed in schedule I, II, or III, or a simulated or
 10 22 imitation controlled substance represented to be a controlled
 10 23 substance classified in schedule I, II, or III, in or on, or
 10 24 within one thousand feet of the real property comprising a
 10 25 public or private elementary or secondary school, public park,
 10 26 public swimming pool, public recreation center, or on a marked
 10 27 school bus, may be sentenced to one hundred hours of community
 10 28 service work for a public agency or a nonprofit charitable
 10 29 organization. The court shall provide the offender with a
 10 30 written statement of the terms and monitoring provisions of the
 10 31 community service.
 10 32    Sec. 28.  Section 124.406, subsection 2, Code 2015, is
 10 33 amended to read as follows:
 10 34    2.  A person who is eighteen years of age or older who:
 10 35    a.  Unlawfully distributes or possesses with the intent to
 11  1 distribute a counterfeit substance listed in schedule I or II,
 11  2 or a simulated or imitation controlled substance represented
 11  3 to be a substance classified in schedule I or II, to a person
 11  4 under eighteen years of age commits a class "B" felony.
 11  5 However, if the substance was distributed in or on, or within
 11  6 one thousand feet of, the real property comprising a public or
 11  7 private elementary or secondary school, public park, public
 11  8 swimming pool, public recreation center, or on a marked school
 11  9 bus, the person shall serve a minimum term of confinement of
 11 10 ten years.
 11 11    b.  Unlawfully distributes or possesses with intent to
 11 12 distribute a counterfeit substance listed in schedule III, or
 11 13 a simulated or imitation controlled substance represented to
 11 14 be any substance listed in schedule III, to a person under
 11 15 eighteen years of age who is at least three years younger than
 11 16 the violator commits a class "C" felony.
 11 17    c.  Unlawfully distributes a counterfeit substance listed
 11 18 in schedule IV or V, or a simulated or imitation controlled
 11 19 substance represented to be a substance listed in schedule IV
 11 20 or V, to a person under eighteen years of age who is at least
 11 21 three years younger than the violator commits an aggravated
 11 22 misdemeanor.
 11 23    Sec. 29.  Section 124.415, Code 2015, is amended to read as
 11 24 follows:
 11 25    124.415  Parental and school notification ==== persons under
 11 26 eighteen years of age.
 11 27    A peace officer shall make a reasonable effort to identify a
 11 28 person under the age of eighteen discovered to be in possession
 11 29 of a controlled substance, counterfeit substance, or simulated
 11 30 controlled substance, or imitation controlled substance in
 11 31 violation of this chapter, and if the person is not referred
 11 32 to juvenile court, the law enforcement agency of which the
 11 33 peace officer is an employee shall make a reasonable attempt
 11 34 to notify the person's custodial parent or legal guardian
 11 35 of such possession, whether or not the person is arrested,
 12  1 unless the officer has reasonable grounds to believe that such
 12  2 notification is not in the best interests of the person or will
 12  3 endanger that person. If the person is taken into custody,
 12  4 the peace officer shall notify a juvenile court officer who
 12  5 shall make a reasonable effort to identify the elementary or
 12  6 secondary school the person attends, if any, and to notify the
 12  7 superintendent of the school district, the superintendent's
 12  8 designee, or the authorities in charge of the nonpublic school
 12  9 of the taking into custody. A reasonable attempt to notify
 12 10 the person includes but is not limited to a telephone call or
 12 11 notice by first=class mail.
 12 12    Sec. 30.  NEW SECTION.  124.417  Imitation controlled
 12 13 substances ==== exceptions.
 12 14    It is not unlawful under this chapter for a person registered
 12 15 under section 124.302, to manufacture, deliver, or possess with
 12 16 the intent to manufacture or deliver, or to act with, one or
 12 17 more other persons to manufacture, deliver, or possess with
 12 18 the intent to manufacture or deliver an imitation controlled
 12 19 substance for use as a placebo by a registered practitioner in
 12 20 the course of professional practice or research.
 12 21    Sec. 31.  Section 124.502, subsection 1, paragraph a, Code
 12 22 2015, is amended to read as follows:
 12 23    a.  A district judge or district associate judge, within
 12 24 the court's jurisdiction, and upon proper oath or affirmation
 12 25 showing probable cause, may issue warrants for the purpose of
 12 26 conducting administrative inspections under this chapter or
 12 27 a related rule or under chapter 124A.  The warrant may also
 12 28 permit seizures of property appropriate to the inspections.
 12 29 For purposes of the issuance of administrative inspection
 12 30 warrants, probable cause exists upon showing a valid public
 12 31 interest in the effective enforcement of the statute or related
 12 32 rules, sufficient to justify administrative inspection of the
 12 33 area, premises, building, or conveyance in the circumstances
 12 34 specified in the application for the warrant.
 12 35    Sec. 32.  Section 155A.6, subsection 3, Code 2015, is amended
 13  1 to read as follows:
 13  2    3.  The board shall establish standards for
 13  3 pharmacist=intern registration and may deny, suspend,
 13  4 or revoke a pharmacist=intern registration for failure to meet
 13  5 the standards or for any violation of the laws of this state,
 13  6 another state, or the United States relating to prescription
 13  7 drugs, controlled substances, or nonprescription drugs, or for
 13  8 any violation of this chapter or chapter 124, 124A, 124B, 126,
 13  9 147, or 205, or any rule of the board.
 13 10    Sec. 33.  Section 155A.6A, subsection 5, Code 2015, is
 13 11 amended to read as follows:
 13 12    5.  The board may deny, suspend, or revoke the registration
 13 13 of, or otherwise discipline, a registered pharmacy technician
 13 14 for any violation of the laws of this state, another state, or
 13 15 the United States relating to prescription drugs, controlled
 13 16 substances, or nonprescription drugs, or for any violation of
 13 17 this chapter or chapter 124, 124A, 124B, 126, 147, 205, or
 13 18 272C, or any rule of the board.
 13 19    Sec. 34.  Section 155A.6B, subsection 5, Code 2015, is
 13 20 amended to read as follows:
 13 21    5.  The board may deny, suspend, or revoke the registration
 13 22 of a pharmacy support person or otherwise discipline the
 13 23 pharmacy support person for any violation of the laws of
 13 24 this state, another state, or the United States relating to
 13 25 prescription drugs, controlled substances, or nonprescription
 13 26 drugs, or for any violation of this chapter or chapter 124,
 13 27 124A, 124B, 126, 147, 205, or 272C, or any rule of the board.
 13 28    Sec. 35.  Section 155A.13A, subsection 3, Code 2015, is
 13 29 amended to read as follows:
 13 30    3.  Discipline.  The board may deny, suspend, or revoke a
 13 31 nonresident pharmacy license for any violation of this section,
 13 32 section 155A.15, subsection 2, paragraph "a", "b", "d", "e",
 13 33 "f", "g", "h", or "i", chapter 124, 124A, 124B, 126, or 205, or
 13 34 a rule of the board.
 13 35    Sec. 36.  Section 155A.17, subsection 2, Code 2015, is
 14  1 amended to read as follows:
 14  2    2.  The board shall establish standards for drug wholesaler
 14  3 licensure and may define specific types of wholesaler licenses.
 14  4 The board may deny, suspend, or revoke a drug wholesale license
 14  5 for failure to meet the applicable standards or for a violation
 14  6 of the laws of this state, another state, or the United
 14  7 States relating to prescription drugs, devices, or controlled
 14  8 substances, or for a violation of this chapter, chapter 124,
 14  9 124A, 124B, 126, or 205, or a rule of the board.
 14 10    Sec. 37.  Section 155A.42, subsection 4, Code 2015, is
 14 11 amended to read as follows:
 14 12    4.  The board may deny, suspend, or revoke a limited drug and
 14 13 device distributor's license for failure to meet the applicable
 14 14 standards or for a violation of the laws of this state, another
 14 15 state, or the United States relating to prescription drugs or
 14 16 controlled substances, or for a violation of this chapter,
 14 17 chapter 124, 124A, 124B, 126, 205, or 272C, or a rule of the
 14 18 board.
 14 19    Sec. 38.  REPEAL.  Chapter 124A, Code 2015, is repealed.
 14 20                           EXPLANATION
 14 21 The inclusion of this explanation does not constitute agreement with
 14 22 the explanation's substance by the members of the general assembly.
 14 23    This bill relates to controlled substances, including by
 14 24 enhancing the penalties for imitation controlled substances,
 14 25 modifying the controlled substances listed in schedules I,
 14 26 III, IV, and temporarily designating substances as controlled
 14 27 substances.
 14 28    TEMPORARY CONTROLLED SUBSTANCE DESIGNATION.  Under current
 14 29 law and in the bill, the board of pharmacy may designate a new
 14 30 substance as a controlled substance, by administrative rule,
 14 31 without the general assembly amending Code chapter 124, only
 14 32 if the substance is designated as a controlled substance under
 14 33 federal law.
 14 34    If the board of pharmacy designates a substance as
 14 35 controlled, the bill specifies that the temporary designation
 15  1 is considered a temporary amendment to the schedules of
 15  2 controlled substances in Code chapter 124, and if the general
 15  3 assembly does not amend Code chapter 124 to enact the  temporary
 15  4 amendment and make the enactment effective within two years
 15  5 from the date the temporary amendment first became effective,
 15  6 the temporary amendment is repealed by operation of law two
 15  7 years from the effective date of the temporary amendment.  A
 15  8 temporary amendment repealed by operation of law is subject to
 15  9 Code section 4.13 relating to the construction of statutes and
 15 10 the application of a general savings provision.
 15 11    Current law provides that if within 60 days after the next
 15 12 general assembly convenes the general assembly has not made
 15 13 the corresponding changes in Code chapter 124, the temporary
 15 14 designation that the substance is a controlled substance is
 15 15 nullified.
 15 16    IMITATION CONTROLLED SUBSTANCES.  Under current law
 15 17 imitation controlled substances are regulated under Code
 15 18 chapter 124A.  The bill repeals Code chapter 124A and transfers
 15 19 the regulation of imitation controlled substances to Code
 15 20 chapter 124.  The definition and designation of an imitation
 15 21 controlled substance in Code chapter 124 remains identical
 15 22 to the definition and designation of an imitation controlled
 15 23 substance under current law in Code chapter 124A.
 15 24    Under the bill and in current law, an imitation controlled
 15 25 substance means a substance which is not a controlled substance
 15 26 but by color, shape, size, markings, and other aspects of
 15 27 dosage unit appearance, and packaging or other factors, appears
 15 28 to be or resembles a controlled substance. The board of
 15 29 pharmacy may designate a substance as an imitation controlled
 15 30 substance pursuant to the board's rulemaking authority and in
 15 31 accordance with Code chapter 17A.
 15 32    In addition, under current law and in the bill, if a
 15 33 substance has not been designated as an imitation controlled
 15 34 substance by the board of pharmacy and when dosage unit
 15 35 appearance alone does not establish that a substance is an
 16  1 imitation controlled substance, the following factors may
 16  2 be considered in determining whether the substance is an
 16  3 imitation controlled substance: the substance is represented
 16  4 as having the effect of a controlled substance; the substance
 16  5 is represented as a controlled substance or as a substitute for
 16  6 a controlled substance because of its nature or appearance;
 16  7 or a person receives money or other property having a value
 16  8 substantially greater than the actual value of the substance
 16  9 when sold.
 16 10    Under the bill, if a person unlawfully manufactures,
 16 11 delivers, or possesses with the intent to deliver an imitation
 16 12 controlled substance containing any detectable amount of those
 16 13 substances identified in Code section 124.204(9), or unlawfully
 16 14 acts with, enters into a common scheme or design with, or
 16 15 conspires with one or more persons to manufacture, deliver,
 16 16 or possess such imitation controlled substances, the person
 16 17 commits the following offense: a class "B" felony punishable
 16 18 by confinement of no more than 50 years and a fine of not more
 16 19 than $1 million if the imitation controlled substance is more
 16 20 than 10 kilograms; a class "B" felony punishable by confinement
 16 21 of no more than 25 years and a fine of not less than $5,000 but
 16 22 not more than $100,000 if the imitation controlled substance
 16 23 is more than five kilograms but not more than 10 kilograms; a
 16 24 class "C" felony punishable by a fine of not less than $1,000
 16 25 but not more than $50,000 if the imitation controlled substance
 16 26 is five kilograms or less; or an aggravated misdemeanor if the
 16 27 imitation controlled substance is classified in schedule IV
 16 28 or V.  Current law in Code section 124A.4 provides that if a
 16 29 person unlawfully manufactures, delivers, or possesses with
 16 30 intent to deliver an imitation controlled substance, the person
 16 31 commits an aggravated misdemeanor, or if the person delivers
 16 32 to a person under 18 years of age who is at least three years
 16 33 younger than the violator, the person commits a class "D"
 16 34 felony.  In addition, under current law, if a person unlawfully
 16 35 and knowingly publishes an advertisement or distributes in a
 17  1 public place a promotion for an imitation controlled substance
 17  2 the person commits a serious misdemeanor.
 17  3    The bill enhances the criminal penalties for controlled
 17  4 substances classified in Code sections 124.204(4)(ai) and
 17  5 124.204(6)(i) from an aggravated misdemeanor to a class "C"
 17  6 felony punishable pursuant to Code section 124.401(1)(c)(8).
 17  7 This change equalizes the criminal penalties with violations
 17  8 involving other schedule I controlled substances.
 17  9    The bill provides that if the same person commits two or
 17 10 more acts which are in violation of Code section 124.401(1)
 17 11 and the acts occur in the same location or time period so the
 17 12 acts are attributable to a single scheme, the acts may be
 17 13 considered a single violation and the weights of the imitation
 17 14 controlled substance may be combined for purposes of charging
 17 15 the offender.
 17 16    The amendment to Code section 124.401A provides that
 17 17 a person who is 18 years of age or older who unlawfully
 17 18 manufactures with the intent to distribute, distributes,
 17 19 or possesses with the intent to distribute an imitation
 17 20 controlled substance to another person 18 years of age or older
 17 21 within 1,000 feet of the real property comprising a public or
 17 22 nonpublic school, may be sentenced up to an additional term of
 17 23 confinement of five years in addition to any other penalty.
 17 24    The amendment to Code section 124.401B provides that
 17 25 a person who unlawfully possesses an imitation controlled
 17 26 substance within 1,000 feet of the real property comprising a
 17 27 school, public park, public pool, public recreation center, or
 17 28 marked school bus may be sentenced up to 100 hours of community
 17 29 service.
 17 30    The amendments to Code section 124.406 relate to the
 17 31 distribution or possession with the intent to distribute an
 17 32 imitation controlled substance to a person under 18 years of
 17 33 age.  A person who distributes or possesses with the intent to
 17 34 distribute an imitation controlled substance, represented to
 17 35 be a substance listed in schedule I or schedule II, to a person
 18  1 under 18 years of age commits a class "B" felony. The required
 18  2 penalty for such a violation is a minimum term of confinement
 18  3 of 10 years if the substance was distributed within 1,000
 18  4 feet of the real property comprising a public or nonpublic
 18  5 school, public park, public pool, or public recreation center.
 18  6 A person who distributes or possesses with the intent to
 18  7 distribute an imitation controlled substance, represented to be
 18  8 a substance listed in schedule III, to a person under 18 years
 18  9 of age, who is at least three years younger than the violator,
 18 10 commits a class "C" felony.  A person who distributes or
 18 11 possesses with the intent to distribute an imitation controlled
 18 12 substance, represented to be a substance listed in schedule
 18 13 IV or schedule V, to a person under 18 years of age, who is
 18 14 at least three years younger than the violator, commits an
 18 15 aggravated misdemeanor.
 18 16    The amendment to Code section 124.415 requires that a peace
 18 17 officer make a reasonable effort to identify a person under 18
 18 18 years of age discovered to be in possession of an imitation
 18 19 controlled substance, and if the person is not referred to
 18 20 juvenile court, the peace officer shall make a reasonable
 18 21 effort to notify the person's custodial parent of the
 18 22 possession unless the officer has reasonable grounds to believe
 18 23 such notification is not in the best interests of the person.
 18 24 The bill specifies that if the person is taken into custody
 18 25 the juvenile court officer shall make a reasonable effort to
 18 26 identify the school of attendance and to notify the school or
 18 27 nonpublic school of the taking into custody of the person.
 18 28    The bill creates Code section 124.417, which is similar to
 18 29 Code section 124A.5 repealed by the bill.  A person registered
 18 30 under Code section 124.302 does not violate the bill if the
 18 31 person manufactures, delivers, possesses, or possesses with the
 18 32 intent to manufacture or deliver, or acts with others to do
 18 33 such activities, if the person uses the imitation controlled
 18 34 substance for use as a placebo by a registered practitioner in
 18 35 the court of professional practice or research.
 19  1 SCHEDULE I, III, AND IV CONTROLLED SUBSTANCES.  The bill
 19  2 transfers numerous substances classified as "hallucinogenic
 19  3 substances" under schedule I and reclassifies the substances
 19  4 as "other substances" under schedule I.  By transferring the
 19  5 substances to "other substances", a person commits a class "C"
 19  6 felony under Code section 124.401(1)(c)(8) if the violation
 19  7 involves such a substance. Under current law, a person commits
 19  8 an aggravated misdemeanor under Code section 124.401(1)(d) when
 19  9 committing such violations.
 19 10    The bill adds new substances as "hallucinogenic substances"
 19 11 under schedule I.  A person commits a class "C" felony under
 19 12 Code section 124.401(1)(c)(8) if the violation involves the new
 19 13 hallucinogenic substances.
 19 14    The bill adds new substances as "stimulants" under schedule
 19 15 I.  A person commits a class "C" felony under Code section
 19 16 124.401(1)(c)(8) if the violation involves the new stimulant
 19 17 substances.
 19 18    The bill also adds new substances to the classification of
 19 19 "other substances" under schedule I.  A person commits a class
 19 20 "C" felony under Code section 124.401(1)(c)(8) for a violation
 19 21 involving the new substances.
 19 22    The bill strikes one substance classified as a
 19 23 "hallucinogenic substance" under schedule I and reclassifies
 19 24 the substance as a "stimulant" containing a synthetic cathinone
 19 25 under schedule I.  The transfer of the substance within
 19 26 schedule I also changes the criminal penalty for a violation
 19 27 involving the substance from a class "C" felony under Code
 19 28 section 124.401(1)(c)(8) to an aggravated misdemeanor under
 19 29 Code section 124.401(1)(d).  The bill also strikes a substance
 19 30 in Code section 124.204(6)(i)(3) from schedule I and does not
 19 31 reclassify the substance in any other substance schedule.
 19 32    The bill also removes numerous substances from schedule I
 19 33 which are currently classified as "stimulants" in Code section
 19 34 124.204(6)(i).
 19 35    The bill also strikes two narcotic substances from schedule
 20  1 III and adds three substances to schedule IV.  A violation
 20  2 involving a schedule IV controlled substance is punishable as
 20  3 an aggravated misdemeanor in Code section 124.401(1)(d).
       LSB 1434HV (3) 86
       jm/rj
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