House Amendment 1404


PAG LIN




     1  1    Amend the amendment, H=1382, to House File 833, as
     1  2 follows:
     1  3 #1.  Page 1, by striking lines 4 through 8 and
     1  4 inserting the following:
     1  5    <<11.  A person who knowingly manufacturers, sells,
     1  6 or delivers, or who possesses with intent to sell or
     1  7 deliver, a counterfeit, misbranded, or adulterated
     1  8 drug or device is guilty of the following:
     1  9    a.  If the person manufactures or produces a
     1 10 counterfeit, misbranded, or adulterated drug or
     1 11 device; or if the quantity of a counterfeit,
     1 12 misbranded, or adulterated drug or device being sold,
     1 13 delivered, or possessed with intent to sell or deliver
     1 14 exceeds one thousand units or dosages; or if the
     1 15 violation is a third or subsequent violation of this
     1 16 subsection, the person is guilty of a class "C"
     1 17 felony.
     1 18    b.  If the quantity of a counterfeit, misbranded,
     1 19 or adulterated drug or device being sold, delivered,
     1 20 or possessed with intent to sell or deliver exceeds
     1 21 one hundred units or dosages but does not exceed one
     1 22 thousand units or dosages; or if the violation is a
     1 23 second or subsequent violation of this subsection, the
     1 24 person is guilty of a class "D" felony.
     1 25    c.  All other violations of this subsection shall
     1 26 constitute an aggravated misdemeanor.>>
     1 27 #2.  Page 1, by striking lines 11 through 14 and
     1 28 inserting the following:
     1 29    <<13.  A person who knowingly possesses, purchases,
     1 30 or brings into the state a counterfeit, misbranded, or
     1 31 adulterated drug or device is guilty of the following:
     1 32    a.  If the quantity of a counterfeit, misbranded,
     1 33 or adulterated drug or device being possessed,
     1 34 purchased, or brought into the state exceeds one
     1 35 hundred units or dosages; or if the violation is a
     1 36 second or subsequent violation of this subsection, the
     1 37 person is guilty of a class "D" felony.
     1 38    b.  All other violations of this subsection shall
     1 39 constitute an aggravated misdemeanor.>>
     1 40 #3.  Page 1, by inserting after line 16 the
     1 41 following:
     1 42    <#   .  Page 10, by inserting after line 17 the
     1 43 following:
     1 44    <17.  Subsections 1 and 2 shall not apply to a
     1 45 parent or legal guardian administering, in good faith,
     1 46 a prescription drug or device to a child of the parent
     1 47 or a child for whom the individual is designated a
     1 48 legal guardian.>>
     1 49 #4.  By renumbering as necessary.
     1 50
     2  1
     2  2                               
     2  3 ANDERSON of Page
     2  4
     2  5
     2  6                               
     2  7 R. OLSON of Polk
     2  8 HF 833.703 81
     2  9 rn/gg/121

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