Bill Text: IA HSB104 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors, providing for immunity; and providing penalties.(See HF 595.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-03-02 - Committee report approving bill, renumbered as HF 595. [HSB104 Detail]
Download: Iowa-2023-HSB104-Introduced.html
House
Study
Bill
104
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
controlled
substances
including
the
1
manufacture,
delivery,
or
possession
of
a
controlled
2
substance
including
fentanyl;
the
manufacture
of
a
3
controlled
substance
in
the
presence
of
a
minor;
conspiracy
4
to
manufacture
for
delivery
or
delivery
or
intent
or
5
conspiracy
to
deliver
a
controlled
substance
to
a
6
minor;
receipt,
provision,
and
administration
of
opioid
7
antagonists,
including
by
secondary
distributors,
providing
8
for
immunity;
and
providing
penalties.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
MANUFACTURE,
DELIVERY,
OR
POSSESSION
OF
A
CONTROLLED
SUBSTANCE
2
Section
1.
Section
124.401,
subsection
1,
paragraph
a,
3
subparagraph
(8),
Code
2023,
is
amended
to
read
as
follows:
4
(8)
More
than
ten
kilograms
of
a
mixture
or
substance
5
containing
any
detectable
amount
of
those
substances
identified
6
in
section
124.204,
subsection
9
,
except
for
a
mixture
or
7
substance
containing
any
detectable
amount
of
fentanyl
or
any
8
fentanyl-related
substance
identified
in
section
124.204,
9
subsection
9
.
10
Sec.
2.
Section
124.401,
subsection
1,
paragraph
a,
Code
11
2023,
is
amended
by
adding
the
following
new
subparagraph:
12
NEW
SUBPARAGRAPH
.
(9)
More
than
fifty
grams
of
a
mixture
13
or
substance
containing
a
detectable
amount
of
fentanyl
or
14
any
fentanyl-related
substance
identified
in
section
124.204,
15
subsection
9.
16
Sec.
3.
Section
124.401,
subsection
1,
paragraph
b,
Code
17
2023,
is
amended
by
adding
the
following
new
subparagraph:
18
NEW
SUBPARAGRAPH
.
(10)
More
than
five
grams
but
not
19
more
than
fifty
grams
of
a
mixture
or
substance
containing
a
20
detectable
amount
of
fentanyl
or
any
fentanyl-related
substance
21
identified
in
section
124.204,
subsection
9.
22
Sec.
4.
Section
124.401,
subsection
1,
paragraph
c,
Code
23
2023,
is
amended
by
adding
the
following
new
subparagraph:
24
NEW
SUBPARAGRAPH
.
(10)
Five
grams
or
less
of
a
mixture
25
or
substance
containing
a
detectable
amount
of
fentanyl
or
26
any
fentanyl-related
substance
identified
in
section
124.204,
27
subsection
9.
28
Sec.
5.
Section
124.401,
subsection
1,
Code
2023,
is
amended
29
by
adding
the
following
new
paragraphs:
30
NEW
PARAGRAPH
.
g.
A
person
who
causes
the
death
of
another
31
person
while
participating
in
a
violation
of
this
subsection
32
and
who
is
not
entitled
to
protection
under
section
124.418,
33
shall
be
sentenced
to
three
times
the
term
otherwise
imposed
by
34
law,
and
no
such
judgment,
sentence,
or
part
thereof
shall
be
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deferred
or
suspended.
1
NEW
PARAGRAPH
.
h.
A
person
who
causes
serious
bodily
injury
2
to
another
person
while
participating
in
a
violation
of
this
3
subsection
and
who
is
not
entitled
to
protection
under
section
4
124.418,
shall
be
sentenced
to
two
times
the
term
otherwise
5
imposed
by
law,
and
no
such
judgment,
sentence,
or
part
thereof
6
shall
be
deferred
or
suspended.
7
Sec.
6.
Section
124.401C,
subsection
1,
Code
2023,
is
8
amended
to
read
as
follows:
9
1.
In
addition
to
any
other
penalties
provided
in
this
10
chapter
,
a
person
who
is
eighteen
years
of
age
or
older
and
11
who
either
directly
or
by
extraction
from
natural
substances,
12
or
independently
by
means
of
chemical
processes,
or
both,
13
unlawfully
manufactures
methamphetamine,
its
salts,
isomers,
14
or
salts
of
its
isomers
a
controlled
substance,
counterfeit
15
substance,
simulated
controlled
substance,
or
imitation
16
controlled
substance
in
violation
of
section
124.401,
17
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
,
in
the
presence
18
of
a
minor
shall
be
sentenced
up
to
an
additional
term
of
19
confinement
of
five
years
to
two
times
the
term
otherwise
20
imposed
by
law,
and
no
such
judgment,
sentence,
or
part
thereof
21
shall
be
deferred
or
suspended
.
However,
the
additional
term
22
of
confinement
shall
not
be
imposed
on
a
person
who
has
been
23
convicted
and
sentenced
for
a
child
endangerment
offense
under
24
section
726.6,
subsection
1
,
paragraph
“g”
,
arising
from
the
25
same
facts.
26
Sec.
7.
Section
124.401D,
Code
2023,
is
amended
to
read
as
27
follows:
28
124.401D
Conspiracy
to
manufacture
for
delivery
or
delivery
29
or
intent
or
conspiracy
to
deliver
amphetamine
or
methamphetamine
30
to
a
minor.
31
1.
a.
It
is
unlawful
for
a
person
eighteen
years
of
age
32
or
older
to
act
with,
or
enter
into
a
common
scheme
or
design
33
with,
or
conspire
with
one
or
more
persons
to
manufacture
34
for
delivery
to
a
person
under
eighteen
years
of
age
a
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material,
compound,
mixture,
preparation,
or
substance
that
1
contains
any
detectable
amount
of
amphetamine,
its
salts,
2
isomers,
or
salts
of
its
isomers,
or
methamphetamine,
its
3
salts,
isomers,
or
salts
of
its
isomers
controlled
substance,
4
counterfeit
substance,
simulated
controlled
substance,
or
5
imitation
controlled
substance
in
violation
of
section
124.401,
6
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
.
7
b.
A
violation
of
this
subsection
is
a
felony
punishable
8
under
section
902.9,
subsection
1
,
paragraph
“a”
A
person
9
violating
this
subsection
shall
be
sentenced
to
two
times
the
10
term
otherwise
imposed
under
section
124.401,
subsection
1,
and
11
no
such
judgment,
sentence,
or
part
thereof
shall
be
deferred
12
or
suspended
.
13
c.
A
second
or
subsequent
violation
of
this
subsection
is
a
14
class
“A”
felony.
15
2.
a.
It
is
unlawful
for
a
person
eighteen
years
of
age
16
or
older
to
deliver,
or
possess
with
the
intent
to
deliver
to
17
a
person
under
eighteen
years
of
age,
a
material,
compound,
18
mixture,
preparation,
or
substance
that
contains
any
detectable
19
amount
of
amphetamine,
its
salts,
isomers,
or
salts
of
its
20
isomers,
or
methamphetamine,
its
salts,
isomers,
or
salts
21
of
its
isomers
controlled
substance,
counterfeit
substance,
22
simulated
controlled
substance,
or
imitation
controlled
23
substance
in
violation
of
section
124.401,
subsection
1,
24
paragraph
“a”
,
“b”
,
or
“c”
,
or
to
act
with,
or
enter
into
a
25
common
scheme
or
design
with,
or
conspire
with
one
or
more
26
persons
to
deliver
or
possess
with
the
intent
to
deliver
to
27
a
person
under
eighteen
years
of
age
a
material,
compound,
28
mixture,
preparation,
or
substance
that
contains
any
detectable
29
amount
of
amphetamine,
its
salts,
isomers,
or
salts
of
its
30
isomers,
or
methamphetamine,
its
salts,
isomers,
or
salts
31
of
its
isomers
controlled
substance,
counterfeit
substance,
32
simulated
controlled
substance,
or
imitation
controlled
33
substance
in
violation
of
section
124.401,
subsection
1,
34
paragraph
“a”
,
“b”
,
or
“c”
.
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b.
A
violation
of
this
subsection
is
a
felony
punishable
1
under
section
902.9,
subsection
1
,
paragraph
“a”
A
person
2
violating
this
subsection
shall
be
sentenced
to
two
times
the
3
term
otherwise
imposed
under
section
124.401,
subsection
1,
and
4
no
such
judgment,
sentence,
or
part
thereof
shall
be
deferred
5
or
suspended
.
6
c.
A
second
or
subsequent
violation
of
this
subsection
is
a
7
class
“A”
felony.
8
3.
Delivery
to
a
minor
or
possession
with
intent
to
deliver
9
to
a
minor
a
controlled
substance,
counterfeit
substance,
10
simulated
controlled
substance,
or
imitation
controlled
11
substance
in
violation
of
section
124.401,
subsection
1,
12
paragraph
“a”
,
“b”
,
or
“c”
,
shall
include
the
following
products
13
if
the
person
knew
or
had
reasonable
cause
to
believe
the
14
controlled,
counterfeit,
simulated,
or
imitation
controlled
15
substance
would
be
delivered
to
a
person
under
eighteen
years
16
of
age:
17
a.
Combining
a
controlled
substance
listed
in
section
18
124.401,
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
,
with
a
food
19
or
beverage
product.
20
b.
Marketing
or
packaging
a
controlled
substance
listed
in
21
section
124.401,
subsection
1,
paragraph
“a”
,
“b”
,
or
“c”
,
to
22
appear
similar
to
a
food
or
beverage
product.
23
c.
Modifying
the
flavor
or
color
of
a
controlled
substance
24
listed
in
section
124.401,
subsection
1,
paragraph
“a”
,
“b”
,
or
25
“c”
,
to
appear
similar
to
a
food
or
beverage
product.
26
Sec.
8.
Section
811.1,
subsections
1
and
2,
Code
2023,
are
27
amended
to
read
as
follows:
28
1.
A
defendant
awaiting
judgment
of
conviction
and
29
sentencing
following
either
a
plea
or
verdict
of
guilty
of
a
30
class
“A”
felony;
forcible
felony
as
defined
in
section
702.11
;
31
any
class
“B”
felony
included
in
section
462A.14
or
707.6A
;
any
32
felony
included
in
section
124.401,
subsection
1
,
paragraph
33
“a”
or
“b”
;
a
second
or
subsequent
offense
under
section
34
124.401,
subsection
1
,
paragraph
“c”
;
any
felony
punishable
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under
section
902.9,
subsection
1
,
paragraph
“a”
;
any
public
1
offense
committed
while
detained
pursuant
to
section
229A.5
;
2
or
any
public
offense
committed
while
subject
to
an
order
of
3
commitment
pursuant
to
chapter
229A
.
4
2.
A
defendant
appealing
a
conviction
of
a
class
“A”
5
felony;
forcible
felony
as
defined
in
section
702.11
;
any
class
6
“B”
or
“C”
felony
included
in
section
462A.14
or
707.6A
;
any
7
felony
included
in
section
124.401,
subsection
1
,
paragraph
8
“a”
or
“b”
;
or
a
second
or
subsequent
conviction
under
section
9
124.401,
subsection
1
,
paragraph
“c”
;
any
felony
punishable
10
under
section
902.9,
subsection
1
,
paragraph
“a”
;
any
public
11
offense
committed
while
detained
pursuant
to
section
229A.5
;
12
or
any
public
offense
committed
while
subject
to
an
order
of
13
commitment
pursuant
to
chapter
229A
.
14
Sec.
9.
Section
901.2,
subsection
2,
paragraph
b,
Code
2023,
15
is
amended
to
read
as
follows:
16
b.
The
court
shall
order
a
presentence
investigation
when
17
the
offense
is
any
felony
punishable
under
section
902.9,
18
subsection
1
,
paragraph
“a”
,
or
a
class
“B”,
class
“C”,
or
19
class
“D”
felony.
A
presentence
investigation
for
any
felony
20
punishable
under
section
902.9,
subsection
1
,
paragraph
“a”
,
21
or
a
class
“B”,
class
“C”,
or
class
“D”
felony
shall
not
22
be
waived.
The
court
may
order,
with
the
consent
of
the
23
defendant,
that
the
presentence
investigation
begin
prior
to
24
the
acceptance
of
a
plea
of
guilty,
or
prior
to
a
verdict
of
25
guilty.
26
Sec.
10.
Section
902.9,
subsection
1,
paragraph
a,
Code
27
2023,
is
amended
by
striking
the
paragraph.
28
Sec.
11.
Section
906.5,
subsection
1,
paragraph
a,
Code
29
2023,
is
amended
to
read
as
follows:
30
a.
The
board
shall
establish
and
implement
a
plan
by
which
31
the
board
systematically
reviews
the
status
of
each
person
who
32
has
been
committed
to
the
custody
of
the
director
of
the
Iowa
33
department
of
corrections
and
considers
the
person’s
prospects
34
for
parole
or
work
release.
The
board
at
least
annually
shall
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review
the
status
of
a
person
other
than
a
class
“A”
felon,
a
1
class
“B”
felon
serving
a
sentence
of
more
than
twenty-five
2
years,
or
a
felon
serving
an
offense
punishable
under
section
3
902.9,
subsection
1
,
paragraph
“a”
,
or
a
felon
serving
a
4
mandatory
minimum
sentence
other
than
a
class
“A”
felon,
and
5
provide
the
person
with
notice
of
the
board’s
parole
or
work
6
release
decision.
7
Sec.
12.
REPEAL.
Section
901.5A,
Code
2023,
is
repealed.
8
DIVISION
II
9
RECEIPT,
PROVISION,
AND
ADMINISTRATION
OF
OPIOID
ANTAGONISTS
10
Sec.
13.
Section
135.190,
subsection
1,
Code
2023,
is
11
amended
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
e.
“Secondary
distributor”
means
a
law
13
enforcement
agency,
emergency
medical
services
program,
fire
14
department,
school
district,
health
care
provider,
licensed
15
behavioral
health
provider,
county
health
department,
or
the
16
department
of
health
and
human
services.
17
Sec.
14.
Section
135.190,
subsections
2
and
4,
Code
2023,
18
are
amended
to
read
as
follows:
19
2.
a.
Notwithstanding
any
other
provision
of
law
to
the
20
contrary,
a
licensed
health
care
professional
may
prescribe
an
21
opioid
antagonist
to
a
person
in
a
position
to
assist
or
to
a
22
secondary
distributor
.
23
b.
(1)
Notwithstanding
any
other
provision
of
law
to
the
24
contrary,
a
pharmacist
licensed
under
chapter
155A
may,
by
25
standing
order
or
through
collaborative
agreement,
dispense,
26
furnish,
or
otherwise
provide
an
opioid
antagonist
to
a
person
27
in
a
position
to
assist
or
to
a
secondary
distributor
.
28
(2)
A
pharmacist
or
secondary
distributor
who
dispenses,
29
furnishes,
or
otherwise
provides
an
opioid
antagonist
pursuant
30
to
a
valid
prescription,
standing
order,
or
collaborative
31
agreement
shall
provide
written
instruction
,
which
shall
32
include
emergency,
crisis,
and
substance
use
referral
contact
33
information,
to
the
recipient
in
accordance
with
any
protocols
34
and
instructions
developed
by
the
department
under
this
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section
.
1
4.
A
person
in
a
position
to
assist
,
a
secondary
2
distributor,
or
a
prescriber
of
an
opioid
antagonist
who
has
3
acted
reasonably
and
in
good
faith
shall
not
be
liable
for
4
any
injury
arising
from
the
provision,
administration,
or
5
assistance
in
the
administration
of
an
opioid
antagonist
as
6
provided
in
this
section
.
7
Sec.
15.
Section
147A.18,
subsections
1
and
2,
Code
2023,
8
are
amended
to
read
as
follows:
9
1.
a.
Notwithstanding
any
other
provision
of
law
to
the
10
contrary,
a
licensed
health
care
professional
may
prescribe
11
an
opioid
antagonist
in
the
name
of
a
service
program,
12
law
enforcement
agency,
or
fire
department
,
or
secondary
13
distributor
to
be
maintained
for
use
as
provided
in
this
14
section
.
For
purposes
of
this
section,
“secondary
distributor”
15
means
the
same
as
defined
in
section
135.190.
16
b.
(1)
Notwithstanding
any
other
provision
of
law
to
the
17
contrary,
a
pharmacist
licensed
under
chapter
155A
may,
by
18
standing
order
or
through
collaborative
agreement,
dispense,
19
furnish,
or
otherwise
provide
an
opioid
antagonist
in
the
20
name
of
a
service
program,
law
enforcement
agency,
or
fire
21
department
,
or
secondary
distributor
to
be
maintained
for
use
22
as
provided
in
this
section
.
23
(2)
A
pharmacist
or
secondary
distributor
who
dispenses,
24
furnishes,
or
otherwise
provides
an
opioid
antagonist
pursuant
25
to
a
valid
prescription,
standing
order,
or
collaborative
26
agreement
shall
provide
written
instruction
,
which
shall
27
include
emergency,
crisis,
and
substance
referral
contact
28
information,
to
the
recipient
in
accordance
with
the
protocols
29
and
instructions
developed
by
the
department
under
this
30
section
.
31
2.
A
service
program,
law
enforcement
agency,
or
fire
32
department
,
or
secondary
distributor
may
obtain
a
prescription
33
for
and
maintain
a
supply
of
opioid
antagonists.
A
service
34
program,
law
enforcement
agency,
or
fire
department
,
or
35
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secondary
distributor
that
obtains
such
a
prescription
shall
1
replace
an
opioid
antagonist
upon
its
use
or
expiration.
2
Sec.
16.
Section
147A.18,
Code
2023,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
3A.
A
secondary
distributor
may
possess
5
and
provide
an
opioid
antagonist
to
a
person
in
a
position
to
6
assist
as
defined
in
section
135.190.
7
Sec.
17.
Section
147A.18,
subsection
4,
paragraph
b,
Code
8
2023,
is
amended
to
read
as
follows:
9
b.
A
service
program,
law
enforcement
agency,
or
fire
10
department
,
or
secondary
distributor
.
11
Sec.
18.
Section
147A.18,
subsection
4,
Code
2023,
is
12
amended
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
d.
The
pharmacist
who
dispenses
the
opioid
14
antagonist.
15
Sec.
19.
Section
155A.3,
subsections
24
and
54,
Code
2023,
16
are
amended
to
read
as
follows:
17
24.
“Limited
distributor”
means
a
person
operating
or
18
maintaining
a
location,
regardless
of
the
location,
where
19
prescription
drugs
or
devices
are
distributed
at
wholesale
or
20
to
a
patient
pursuant
to
a
prescription
drug
order,
who
is
21
not
eligible
for
a
wholesale
distributor
license
or
pharmacy
22
license.
“Limited
distributor”
does
not
include
a
secondary
23
distributor
as
defined
in
section
135.190.
24
54.
“Wholesale
distributor”
means
a
person,
other
than
25
a
manufacturer,
a
manufacturer’s
co-licensed
partner,
a
26
third-party
logistics
provider,
or
repackager,
engaged
in
the
27
wholesale
distribution
of
a
drug.
“Wholesale
distributor”
28
does
not
include
a
secondary
distributor
as
defined
in
section
29
135.190.
30
Sec.
20.
Section
155A.46,
subsection
1,
paragraph
a,
31
subparagraph
(1),
Code
2023,
is
amended
to
read
as
follows:
32
(1)
Naloxone
Opioid
antagonists
for
overdose
reversals
.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
controlled
substances
including
the
2
manufacture,
delivery,
or
possession
of
a
controlled
substance
3
including
fentanyl;
the
manufacture
of
a
controlled
substance
4
in
the
presence
of
a
minor;
a
conspiracy
to
manufacture
for
5
delivery
or
delivery
or
intent
or
conspiracy
to
deliver
a
6
controlled
substance
to
a
minor;
the
receipt,
provision,
and
7
administration
of
opioid
antagonists,
including
by
secondary
8
distributors,
provides
for
immunity;
and
provides
penalties.
9
The
bill
is
organized
by
divisions.
10
DIVISION
I
——
MANUFACTURE,
DELIVERY,
OR
POSSESSION
OF
A
11
CONTROLLED
SUBSTANCE.
12
FENTANYL.
The
bill
provides
that
the
manufacture,
delivery
13
or
possession
of
a
controlled
substance
containing
more
than
50
14
grams
of
a
mixture
or
substance
containing
a
detectable
amount
15
of
fentanyl
or
any
fentanyl-related
substance
identified
in
16
Code
section
124.204(9)
is
a
class
“B”
felony,
punishable
by
17
confinement
for
no
more
than
50
years
and
a
fine
of
not
more
18
than
$1
million.
19
The
bill
provides
that
the
manufacture,
delivery
or
20
possession
of
a
controlled
substance
containing
more
21
than
5
grams
but
not
more
than
50
grams
of
a
mixture
or
22
substance
containing
a
detectable
amount
of
fentanyl
or
23
any
fentanyl-related
substance
identified
in
Code
section
24
124.204(9)
is
a
class
“B”
felony,
punishable
by
confinement
for
25
no
more
than
25
years
and
a
fine
of
not
less
than
$5,000
nor
26
more
than
$100,000.
27
The
bill
provides
that
the
manufacture,
delivery
or
28
possession
of
a
controlled
substance
containing
5
grams
or
29
less
of
a
mixture
or
substance
containing
a
detectable
amount
30
of
fentanyl
or
any
fentanyl-related
substance
identified
in
31
Code
section
124.204(9)
is
a
class
“C”
felony,
punishable
by
32
confinement
for
no
more
than
10
years
and
a
fine
of
not
less
33
than
$1,000
nor
more
than
$50,000.
34
MANUFACTURE,
DELIVERY,
OR
POSSESSION
OF
CONTROLLED
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SUBSTANCES
——
SENTENCING
ENHANCEMENTS.
The
bill
provides
1
that
a
person
who
causes
the
death
of
another
person
while
2
participating
in
the
manufacture,
delivery,
or
possession
of
3
a
controlled
substance
and
who
is
not
entitled
to
protection
4
under
Code
section
124.418
(persons
seeking
medical
assistance
5
for
drug-related
overdose),
shall
be
sentenced
to
three
times
6
the
term
otherwise
imposed
by
law,
and
no
such
judgment,
7
sentence,
or
part
thereof
shall
be
deferred
or
suspended.
8
The
bill
provides
that
a
person
who
causes
serious
bodily
9
injury
to
another
person
while
participating
in
a
violation
10
of
the
manufacture,
delivery,
or
possession
of
a
controlled
11
substance
and
who
is
not
entitled
to
protection
under
Code
12
section
124.418,
shall
be
sentenced
to
two
times
the
term
13
otherwise
imposed
by
law,
and
no
such
judgment,
sentence,
or
14
part
thereof
shall
be
deferred
or
suspended.
15
MANUFACTURE
OF
CONTROLLED
SUBSTANCES
IN
PRESENCE
OF
A
MINOR.
16
Current
law
provides
that
in
addition
to
any
other
penalties
17
provided
in
Code
chapter
124,
a
person
who
is
18
years
of
age
18
or
older
and
who
either
directly
or
by
extraction
from
natural
19
substances,
or
independently
by
means
of
chemical
processes,
20
or
both,
unlawfully
manufactures
methamphetamine,
its
salts,
21
isomers,
or
salts
of
its
isomers
in
the
presence
of
a
minor
22
shall
be
sentenced
up
to
an
additional
term
of
confinement
23
of
five
years.
The
bill
amends
current
law
to
apply
to
all
24
controlled
substances
listed
in
Code
section
124.401(1)(a,
25
b,
and
c)
and
provides
that
a
person
in
violation
of
this
26
provision
shall
be
sentenced
to
two
times
the
term
otherwise
27
imposed
by
law,
and
no
such
judgment,
sentence,
or
part
thereof
28
shall
be
deferred
or
suspended.
29
CONSPIRACY
TO
MANUFACTURE
CONTROLLED
SUBSTANCES
FOR
DELIVERY
30
TO
MINOR.
Current
law
provides
that
it
is
unlawful
for
a
31
person
18
years
of
age
or
older
to
act
with,
or
enter
into
a
32
common
scheme
or
design
with,
or
conspire
with
one
or
more
33
persons
to
manufacture
for
delivery
to
a
person
under
18
years
34
of
age
a
material,
compound,
mixture,
preparation,
or
substance
35
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that
contains
any
detectable
amount
of
amphetamine,
its
salts,
1
isomers,
or
salts
of
its
isomers,
or
methamphetamine,
its
2
salts,
isomers,
or
salts
of
its
isomers.
A
person
in
violation
3
of
this
provision
shall
be
confined
for
no
more
than
99
years.
4
The
bill
strikes
this
penalty.
The
bill
amends
current
law
5
to
apply
to
all
controlled
substances
listed
in
Code
section
6
124.401(1)(a,
b,
and
c)
and
provides
that
a
person
in
violation
7
of
this
provision
shall
be
sentenced
to
two
times
the
term
8
otherwise
imposed
by
law,
and
no
such
judgment,
sentence,
or
9
part
thereof
shall
be
deferred
or
suspended.
A
second
or
10
subsequent
violation
is
a
class
“A”
felony.
11
Current
law
provides
that
it
is
unlawful
for
a
person
18
12
years
of
age
or
older
to
deliver,
or
possess
with
the
intent
13
to
deliver
to
a
person
under
18
years
of
age,
a
material,
14
compound,
mixture,
preparation,
or
substance
that
contains
any
15
detectable
amount
of
amphetamine,
its
salts,
isomers,
or
salts
16
of
its
isomers,
or
methamphetamine,
its
salts,
isomers,
or
17
salts
of
its
isomers.
A
person
in
violation
of
this
provision
18
shall
be
confined
for
no
more
than
99
years.
The
bill
strikes
19
this
penalty.
The
bill
amends
current
law
to
apply
to
all
20
controlled
substances
listed
in
Code
section
124.401(1)(a,
21
b,
and
c)
and
provides
that
a
person
in
violation
of
this
22
provision
shall
be
sentenced
to
two
times
the
term
otherwise
23
imposed
by
law,
and
no
such
judgment,
sentence,
or
part
24
thereof
shall
be
deferred
or
suspended.
A
second
or
subsequent
25
violation
is
a
class
“A”
felony.
26
The
bill
makes
conforming
Code
changes
due
to
the
strike
of
27
the
99-year
penalty.
28
DELIVERY
OF
A
CONTROLLED
SUBSTANCE
TO
MINOR
——
FOOD
OR
29
BEVERAGE
PRODUCTS.
The
bill
provides
that
delivery
to
a
minor
30
or
possession
with
intent
to
deliver
to
a
minor
a
controlled
31
substance,
counterfeit
substance,
simulated
controlled
32
substance,
or
imitation
controlled
substance
shall
include
the
33
following
products
if
the
person
knew
or
had
reasonable
cause
34
to
believe
the
controlled
substance,
counterfeit
substance,
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simulated
controlled
substance,
or
imitation
controlled
1
substance
would
be
delivered
to
a
person
under
18
years
of
2
age:
combining
a
controlled
substance
with
a
food
or
beverage
3
product;
marketing
or
packaging
a
controlled
substance
to
4
appear
similar
to
a
food
or
beverage
product;
or
modifying
the
5
flavor
or
color
of
a
controlled
substance
to
appear
similar
to
6
a
food
or
beverage
product.
7
DIVISION
II
——
RECEIPT,
PROVISION,
AND
ADMINISTRATION
OF
8
OPIOID
ANTAGONISTS
——
SECONDARY
DISTRIBUTORS
——
IMMUNITY.
9
Current
law
provides
that
a
licensed
health
care
professional
10
may
prescribe
an
opioid
antagonist
to
a
person
in
a
position
11
to
assist.
The
bill
expands
this
authorization
to
provide
12
that
a
licensed
health
care
provider
may
prescribe
an
opioid
13
antagonist
to
a
secondary
distributor
as
defined
in
the
bill.
14
Current
law
provides
that
a
licensed
pharmacist
may,
by
15
standing
order
or
through
collaborative
agreement,
dispense,
16
furnish,
or
otherwise
provide
an
opioid
antagonist
in
the
17
name
of
a
service
program,
law
enforcement
agency,
or
fire
18
department.
The
bill
expands
this
authorization
to
provide
19
that
a
licensed
pharmacist
may,
by
standing
order
or
through
20
collaborative
agreement,
dispense,
furnish,
or
otherwise
21
provide
an
opioid
antagonist
in
the
name
of
a
secondary
22
distributor.
23
The
bill
includes
secondary
distributors
and
the
pharmacist
24
who
dispenses
the
opioid
antagonist,
provided
they
have
acted
25
reasonably
and
in
good
faith,
to
the
list
of
persons
who
shall
26
not
be
liable
for
any
injury
arising
from
the
provision,
27
administration,
or
assistance
in
the
administration
of
an
28
opioid
antagonist.
29
The
bill
provides
that
a
secondary
distributor
may
obtain
a
30
prescription
for
and
maintain
a
supply
of
opioid
antagonists.
31
A
secondary
distributor
that
obtains
such
a
prescription
shall
32
replace
an
opioid
antagonist
upon
its
use
or
expiration.
33
The
bill
provides
that
a
pharmacist
or
secondary
distributor
34
who
dispenses,
furnishes,
or
otherwise
provides
an
opioid
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antagonist
pursuant
to
a
valid
prescription,
standing
order,
1
or
collaborative
agreement
shall
provide
written
instruction,
2
including
emergency,
crisis,
and
substance
use
referral
contact
3
information,
to
the
recipient.
4
The
bill
provides
that
a
secondary
distributor
may
possess
5
and
provide
an
opioid
antagonist
to
a
person
in
a
position
to
6
assist.
7
The
bill
provides
that
the
terms
“limited
distributor”
and
8
“wholesale
distributor”
do
not
include
a
secondary
distributor
9
for
purposes
of
Code
chapter
155A
(pharmacy).
10
The
bill
provides
that
a
pharmacist
may
order
and
administer
11
opioid
antagonists
for
overdose
reversals
to
patients
ages
18
12
years
and
older
instead
of
naloxone.
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