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