Text: H05478                            Text: H05480
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House Amendment 5479

Amendment Text

PAG LIN
  1  1    Amend Senate File 2154, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  Page 1, by striking lines 1 through 12 and
  1  4 inserting the following:
  1  5    "Sec.    .  Section 124.212, Code 1995, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  5.  Unless specifically excepted
  1  8 or listed in another schedule, any material, compound,
  1  9 mixture, or preparation which contains any quantity of
  1 10 ephedrine, including its salts, optical isomers, or
  1 11 salts of optical isomers shall be included in schedule
  1 12 V, but natural herbal ephedra products regulated and
  1 13 marketed as dietary supplements under the federal
  1 14 Dietary Supplement Health and Education Act of 1994,
  1 15 21 U.S.C. } 321, 331, 342, 343, 343-2, 350, and 350b,
  1 16 and 42 U.S.C. } 281 and 287c-11, shall not be included
  1 17 in schedule V.  This subsection does not apply to any
  1 18 material, compound, mixture, or preparation which is
  1 19 specifically exempted or excluded under federal drug
  1 20 control law or regulation or by rule of the board.  At
  1 21 the request of any person, the board may, pursuant to
  1 22 657 IAC 10.5, exempt by rule any drug product
  1 23 containing ephedrine from being included in this
  1 24 subsection."
  1 25    #2.  Page 1, line 16, by striking the word "and"
  1 26 and inserting the following:  "or".
  1 27    #3.  Page 1, line 25, by striking the word "and"
  1 28 and inserting the following:  "or".
  1 29    #4.  Page 1, line 25, by striking the word
  1 30 "isomers" and inserting the following:  "isomers, or
  1 31 analogs of methamphetamine,".
  1 32    #5.  Page 1, line 27, by striking the word "and"
  1 33 and inserting the following:  "or".
  1 34    #6.  Page 1, line 27, by striking the words "of
  1 35 isomers" and inserting the following:  "of isomers, or
  1 36 analogs of methamphetamine".
  1 37    #7.  Page 1, line 32, by striking the word "and"
  1 38 and inserting the following:  "or".
  1 39    #8.  Page 1, line 32, by striking the words "of
  1 40 isomers" and inserting the following:  "of isomers, or
  1 41 analogs of methamphetamine,".
  1 42    #9.  Page 1, line 35, by striking the word "and"
  1 43 and inserting the following:  "or".
  1 44    #10.  Page 1, line 35, by striking the words "of
  1 45 isomers" and inserting the following:  "of isomers, or
  1 46 analogs of methamphetamine".
  1 47    #11.  Page 2, line 4, by striking the word "and"
  1 48 and inserting the following:  "or".
  1 49    #12.  Page 2, lines 5 and 6, by striking the words
  1 50 "or pseudoephedrine, its salts, optical isomers, and
  2  1 salts of optical isomers,".
  2  2    #13.  Page 2, line 7, by striking the words
  2  3 "methamphetamine or" and inserting the following:
  2  4 "methamphetamine,".
  2  5    #14.  Page 2, line 8, by inserting after the word
  2  6 "analogs," the following:  "or any other controlled
  2  7 substance,".
  2  8    #15.  Page 2, by striking lines 11 through 18 and
  2  9 inserting the following:
  2 10    "NEW SUBSECTION.  2A.  It is unlawful for any
  2 11 person to sell, distribute, or make available any
  2 12 product containing ephedrine, its salts, optical
  2 13 isomers, salts of optical isomers, or analogs of
  2 14 ephedrine, or pseudoephedrine, its salts, optical
  2 15 isomers, or salts of optical isomers, if the person
  2 16 knows, or should know, that the product may be used as
  2 17 a precursor to any illegal substance, an intermediary
  2 18 to any controlled substance, or for a purpose other
  2 19 than a legitimate medicinal use.  A person who
  2 20 violates this subsection commits a serious
  2 21 misdemeanor.
  2 22    Sec.    .  Section 124.401A, Code 1995, is amended
  2 23 to read as follows:
  2 24    124.401A  ENHANCED PENALTY FOR DISTRIBUTION TO
  2 25 PERSONS ON CERTAIN REAL PROPERTY.
  2 26    In addition to any other penalties provided in this
  2 27 chapter, a person who is eighteen years of age or
  2 28 older who unlawfully distributes or possesses with
  2 29 intent to distribute a substance or counterfeit
  2 30 substance listed in schedule I, II, or III, or a
  2 31 simulated controlled substance represented to be a
  2 32 controlled substance classified in schedule I, II, or
  2 33 III, to another person who is eighteen years of age or
  2 34 older in or on, or within one thousand feet of the
  2 35 real property comprising a public or private
  2 36 elementary or secondary school, or in or on the real
  2 37 property comprising a public park, public swimming
  2 38 pool, public recreation center, or on a marked school
  2 39 bus, may, at the judge's discretion, be sentenced up
  2 40 to an additional term of confinement of five years.
  2 41    Sec.    .  Section 124.401B, Code 1995, is amended
  2 42 to read as follows:
  2 43    124.401B  POSSESSION OF CONTROLLED SUBSTANCES ON
  2 44 CERTAIN REAL PROPERTY – ADDITIONAL PENALTY.
  2 45    In addition to any other penalties provided in this
  2 46 chapter or another chapter, a person who unlawfully
  2 47 possesses a substance listed in schedule I, II, or
  2 48 III, or a simulated controlled substance represented
  2 49 to be a controlled substance classified in schedule I,
  2 50 II, or III, in or on, or within one thousand feet of
  3  1 the real property comprising a public or private
  3  2 elementary or secondary school, or in or on the real
  3  3 property comprising a public park, public swimming
  3  4 pool, public recreation center, or on a marked school
  3  5 bus, may be sentenced to one hundred hours of
  3  6 community service work for a public agency or a
  3  7 nonprofit charitable organization.  The court shall
  3  8 provide the offender with a written statement of the
  3  9 terms and monitoring provisions of the community
  3 10 service."
  3 11    #16.  Page 2, line 23, by striking the words
  3 12 "isomers, and" and inserting the following:  "isomers,
  3 13 or".
  3 14    #17.  Page 2, line 23, by inserting after the words
  3 15 "of isomers," the following:  "or analogs of
  3 16 methamphetamine,".
  3 17    #18.  Page 2, by inserting after line 25 the
  3 18 following:
  3 19    "Sec.    .  Section 124.212, subsection 5, and
  3 20 subsection 124.401, subsection 2A, as enacted in this
  3 21 Act, shall not take effect until January 1, 1997."
  3 22    #19.  Title page, line 2, by inserting after the
  3 23 word "methamphetamine" the following:  "or ephedrine
  3 24 and expanding the types of real property within one
  3 25 thousand feet of which a person who unlawfully
  3 26 possesses a substance is subject to an increased
  3 27 penalty".
  3 28    #20.  By renumbering, relettering, or redesignating
  3 29 and correcting internal references as necessary.  
  3 30 
  3 31 
  3 32                              
  3 33 COMMITTEE ON JUDICIARY
  3 34 HURLEY of Fayette, Chairperson
  3 35 SF 2154.508 76
  3 36 kah/jw
     

Text: H05478                            Text: H05480
Text: H05400 - H05499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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