Iowa-2015-HF567-Introduced
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
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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
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