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 -1-