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PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 subparagraph (2), subparagraph subdivision (d), Code 1995, is 1 3 amended to read as follows: 1 4 (d) Methamphetamine, its salts, isomers, or salts of 1 5 isomers. 1 6 (e) Any compound, mixture, or preparation which contains 1 7 any quantity of any of the substances referred to in 1 8 subparagraph subdivisions (a) through(c)(d). 1 9 Sec. 2. Section 124.401, subsection 1, paragraph b, Code 1 10 1995, is amended by adding the following new subparagraph: 1 11 NEW SUBPARAGRAPH. (7) More than five grams but not more 1 12 than five kilograms of methamphetamine, its salts, isomers, or 1 13 salts of isomers, or analogs of methamphetamine, or any 1 14 compound, mixture, or preparation which contains any quantity 1 15 or detectable amount of methamphetamine, its salts, isomers, 1 16 or salts of isomers, or analogs of methamphetamine. 1 17 Sec. 3. Section 124.401, subsection 1, paragraph c, Code 1 18 1995, is amended by adding the following new subparagraph (6) 1 19 and renumbering the subsequent subparagraph: 1 20 NEW SUBPARAGRAPH. (6) Five grams or less of 1 21 methamphetamine, its salts, isomers, or salts of isomers, or 1 22 analogs of methamphetamine, or any compound, mixture, or 1 23 preparation which contains any quantity or detectable amount 1 24 of methamphetamine, its salts, isomers, or salts of isomers, 1 25 or analogs of methamphetamine. 1 26 Sec. 4. Section 124.401, Code 1995, is amended by adding 1 27 the following new subsections: 1 28 NEW SUBSECTION. 2A. It is unlawful for any person to 1 29 sell, distribute, or make available any product containing 1 30 ephedrine, its salts, optical isomers, salts of optical 1 31 isomers, or analogs of ephedrine, or pseudoephedrine, its 1 32 salts, optical isomers, salts of optical isomers, or analogs 1 33 of pseudoephedrine, if the person knows, or should know, that 1 34 the product may be used as a precursor to any illegal 1 35 substance or an intermediary to any controlled substance. A 2 1 person who violates this subsection commits a serious 2 2 misdemeanor. 2 3 NEW SUBSECTION. 2B. It is unlawful for any person to 2 4 possess any product containing ephedrine, its salts, optical 2 5 isomers, salts of optical isomers, or analogs of ephedrine, or 2 6 pseudoephedrine, its salts, optical isomers, salts of optical 2 7 isomers, or analogs of pseudoephedrine, with the intent to use 2 8 the product as a precursor to any illegal substance or an 2 9 intermediary to any controlled substance. A person who 2 10 violates this subsection commits a class "D" felony. 2 11 Sec. 5. Section 124.401A, Code 1995, is amended to read as 2 12 follows: 2 13 124.401A ENHANCED PENALTY FOR DISTRIBUTION TO PERSONS ON 2 14 CERTAIN REAL PROPERTY. 2 15 In addition to any other penalties provided in this 2 16 chapter, a person who is eighteen years of age or older who 2 17 unlawfully distributes or possesses with intent to distribute 2 18 a substance or counterfeit substance listed in schedule I, II, 2 19 or III, or a simulated controlled substance represented to be 2 20 a controlled substance classified in schedule I, II, or III, 2 21 to another person who is eighteen years of age or older in or 2 22 on, or within one thousand feet of the real property 2 23 comprising a public or private elementary or secondary school, 2 24or in or on the real property comprising apublic park, public 2 25 swimming pool, public recreation center, or on a marked school 2 26 bus, may, at the judge's discretion,be sentenced up to an 2 27 additional term of confinement of five years. 2 28 Sec. 6. Section 124.401B, Code 1995, is amended to read as 2 29 follows: 2 30 124.401B POSSESSION OF CONTROLLED SUBSTANCES ON CERTAIN 2 31 REAL PROPERTY – ADDITIONAL PENALTY. 2 32 In addition to any other penalties provided in this chapter 2 33 or another chapter, a person who unlawfully possesses a 2 34 substance listed in schedule I, II, or III, or a simulated 2 35 controlled substance represented to be a controlled substance 3 1 classified in schedule I, II, or III, in or on, or within one 3 2 thousand feet of the real property comprising a public or 3 3 private elementary or secondary school,or in or on the real3 4property comprising apublic park, public swimming pool, 3 5 public recreation center, or on a marked school bus, may be 3 6 sentenced to one hundred hours of community service work for a 3 7 public agency or a nonprofit charitable organization. The 3 8 court shall provide the offender with a written statement of 3 9 the terms and monitoring provisions of the community service. 3 10 Sec. 7. Section 232.22, subsection 1, paragraph e, 3 11 subparagraph (3), Code Supplement 1995, is amended to read as 3 12 follows: 3 13 (3) A mixture or substance containing methamphetamine, its 3 14 salts, isomers,andor salts of isomers, or analogs of 3 15 methamphetamine, and if the act was committed by an adult, it 3 16 would be a violation of section 124.401, subsection 1,3 17paragraph "c", subparagraph (6). 3 18 Sec. 8. EPHEDRINE STUDY. The board of pharmacy examiners 3 19 and the department of public safety shall conduct a study of 3 20 uses not approved by the United States food and drug 3 21 administration, and uses as a precursor in the production of 3 22 illegal substances, of ephedrine, its salts, optical isomers, 3 23 salts of optical isomers, or analogs of ephedrine, or 3 24 pseudoephedrine, its salts, optical isomers, salts of optical 3 25 isomers, or analogs of pseudoephedrine. The study shall 3 26 include a review of regulations in other states relating to, 3 27 but not limited to, inappropriate or illegal uses of 3 28 ephedrine, its salts, optical isomers, salts of optical 3 29 isomers, or analogs of ephedrine, or pseudoephedrine, its 3 30 salts, optical isomers, salts of optical isomers, or analogs 3 31 of pseudoephedrine. The secretary of the board of pharmacy 3 32 examiners and the commissioner of public safety shall report 3 33 the findings and recommendations of the study to the general 3 34 assembly on or before January 2, 1997. 3 35 SF 2154 4 1 kah/cc/26
Text: SF02153 Text: SF02155 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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