House File 567 H-8289 Amend the Senate amendment, H-1340, to House File 1 567, as amended, passed, and reprinted by the House, as 2 follows: 3 1. By striking page 1, line 1, through page 15, 4 line 26, and inserting: 5 < Amend House File 567, as amended, passed, and 6 reprinted by the House, as follows: 7 1. By striking everything after the enacting clause 8 and inserting: 9 < DIVISION I 10 MEDICAL CANNABIDIOL 11 Section 1. Section 124.401, subsection 5, 12 unnumbered paragraph 3, Code 2016, is amended to read 13 as follows: 14 A person may knowingly or intentionally recommend, 15 possess, use, dispense, deliver, transport, or 16 administer cannabidiol if the recommendation, 17 possession, use, dispensing, delivery, transporting, 18 or administering is in accordance with the provisions 19 of chapter 124D 124E . For purposes of this paragraph, 20 “cannabidiol” means the same as defined in section 21 124D.2 124E.2 . 22 Sec. 2. NEW SECTION . 124E.1 Short title. 23 This chapter shall be known and may be cited as the 24 “Medical Cannabidiol Act” . 25 Sec. 3. NEW SECTION . 124E.2 Definitions. 26 As used in this chapter: 27 1. “Debilitating medical condition” means any of the 28 following: 29 a. Cancer, if the underlying condition or treatment 30 produces one or more of the following: 31 (1) Severe or chronic pain. 32 (2) Nausea or severe vomiting. 33 (3) Cachexia or severe wasting. 34 b. Multiple sclerosis, with severe and persistent 35 -1- H1340.3845 (2) 86 rh/rj 1/ 26 #1.

muscle spasms. 1 c. Seizures, including those characteristic of 2 epilepsy. 3 d. AIDS or HIV as defined in section 141A.1. 4 e. Crohn’s disease. 5 f. Amyotrophic lateral sclerosis. 6 g. Any terminal illness, with a probable life 7 expectancy of under one year, if the illness or its 8 treatment produces one or more of the following: 9 (1) Severe or chronic pain. 10 (2) Nausea or severe vomiting. 11 (3) Cachexia or severe wasting. 12 2. “Department” means the department of public 13 health. 14 3. “Disqualifying felony offense” means a violation 15 under federal or state law of a felony under federal or 16 state law, which has as an element the possession, use, 17 or distribution of a controlled substance, as defined 18 in 21 U.S.C. §802(6). 19 4. “Health care practitioner” means an individual 20 licensed under chapter 148 to practice medicine and 21 surgery or osteopathic medicine and surgery. 22 5. “Medical cannabidiol” means a nonpsychoactive 23 cannabinoid found in the plant Cannabis sativa L. 24 or, Cannabis indica or any other preparation thereof 25 that is essentially free from plant material, and has 26 a tetrahydrocannabinol level of no more than three 27 percent, and that is delivered in any of the following 28 forms: 29 a. Liquid, including but not limited to oil. 30 b. Pill. 31 c. Through a vaporized delivery method with the use 32 of liquid or oil but which does not include the use of 33 dried leaves or plant form. 34 6. “Primary caregiver” means a person including but 35 -2- H1340.3845 (2) 86 rh/rj 2/ 26

not limited to a parent or legal guardian, at least 1 twenty-one years of age, who has been designated by 2 a patient’s health care practitioner as a necessary 3 caretaker taking responsibility for managing the 4 well-being of the patient with respect to the use of 5 medical cannabidiol pursuant to the provisions of this 6 chapter. 7 7. “Written certification” means a document signed 8 by a health care practitioner, with whom the patient 9 has established a patient-provider relationship, which 10 states that the patient has a debilitating medical 11 condition and identifies that condition and provides 12 any other relevant information. 13 Sec. 4. NEW SECTION . 124E.3 Health care 14 practitioner certification —— duties. 15 1. Prior to a patient’s submission of an 16 application for a medical cannabidiol card pursuant to 17 section 124E.4, a health care practitioner shall do all 18 of the following: 19 a. Determine, in the health care practitioner’s 20 medical judgment, whether the patient whom the health 21 care practitioner has examined and treated suffers from 22 a debilitating medical condition that qualifies for 23 the use of medical cannabidiol under this chapter, and 24 if so determined, provide the patient with a written 25 certification of that diagnosis. 26 b. Provide explanatory information as provided by 27 the department to the patient about the therapeutic 28 use of medical cannabidiol and the possible risks, 29 benefits, and side effects of the proposed treatment. 30 2. Subsequently, the health care practitioner shall 31 do the following: 32 a. Determine, on an annual basis, if the patient 33 continues to suffer from a debilitating medical 34 condition and, if so, issue the patient a new 35 -3- H1340.3845 (2) 86 rh/rj 3/ 26

certification of that diagnosis. 1 b. Otherwise comply with all requirements 2 established by the department pursuant to rule. 3 3. A health care practitioner may provide, but has 4 no duty to provide, a written certification pursuant 5 to this section. 6 Sec. 5. NEW SECTION . 124E.4 Medical cannabidiol 7 registration card. 8 1. Issuance to patient. Subject to subsection 7, 9 the department may approve the issuance of a medical 10 cannabidiol registration card by the department of 11 transportation to a patient who: 12 a. Is at least eighteen years of age. 13 b. Is a permanent resident of this state. 14 c. Submits a written certification to the 15 department signed by the patient’s health care 16 practitioner that the patient is suffering from a 17 debilitating medical condition. 18 d. Submits an application to the department, on a 19 form created by the department, in consultation with 20 the department of transportation, that contains all of 21 the following: 22 (1) The patient’s full name, Iowa residence 23 address, date of birth, and telephone number. 24 (2) A copy of the patient’s valid photograph 25 identification. 26 (3) Full name, address, and telephone number of the 27 patient’s health care practitioner. 28 (4) Full name, residence address, date of birth, 29 and telephone number of each primary caregiver of the 30 patient, if any. 31 (5) Any other information required by rule. 32 e. Has not been convicted of a disqualifying felony 33 offense. 34 2. Patient card contents. A medical cannabidiol 35 -4- H1340.3845 (2) 86 rh/rj 4/ 26

registration card issued to a patient by the department 1 of transportation pursuant to subsection 1 shall 2 contain, at a minimum, all of the following: 3 a. The patient’s full name, Iowa residence address, 4 and date of birth. 5 b. The patient’s photograph. 6 c. The date of issuance and expiration date of the 7 registration card. 8 d. Any other information required by rule. 9 3. Issuance to primary caregiver. For a patient in 10 a primary caregiver’s care, subject to subsection 7, 11 the department may approve the issuance of a medical 12 cannabidiol registration card by the department of 13 transportation to the primary caregiver who: 14 a. Is at least twenty-one years of age. 15 b. Submits a written certification to the 16 department signed by the patient’s health care 17 practitioner that the patient in the primary 18 caregiver’s care is suffering from a debilitating 19 medical condition. 20 c. Submits an application to the department, on a 21 form created by the department, in consultation with 22 the department of transportation, that contains all of 23 the following: 24 (1) The primary caregiver’s full name, residence 25 address, date of birth, and telephone number. 26 (2) The patient’s full name. 27 (3) A copy of the primary caregiver’s valid 28 photograph identification. 29 (4) Full name, address, and telephone number of the 30 patient’s health care practitioner. 31 (5) Any other information required by rule. 32 d. Has not been convicted of a disqualifying felony 33 offense. 34 4. Primary caregiver card contents. A medical 35 -5- H1340.3845 (2) 86 rh/rj 5/ 26

cannabidiol registration card issued by the department 1 of transportation to a primary caregiver pursuant to 2 subsection 3 shall contain, at a minimum, all of the 3 following: 4 a. The primary caregiver’s full name, residence 5 address, and date of birth. 6 b. The primary caregiver’s photograph. 7 c. The date of issuance and expiration date of the 8 registration card. 9 d. The registration card number of each patient 10 in the primary caregiver’s care. If the patient 11 in the primary caregiver’s care is under the age of 12 eighteen, the full name of the patient’s parent or 13 legal guardian. 14 e. Any other information required by rule. 15 5. Expiration date of card. A medical cannabidiol 16 registration card issued pursuant to this section shall 17 expire one year after the date of issuance and may be 18 renewed. 19 6. Card issuance —— department of 20 transportation. The department may enter into 21 a chapter 28E agreement with the department of 22 transportation to facilitate the issuance of medical 23 cannabidiol registration cards pursuant to subsections 24 1 and 3. 25 7. Federally approved clinical trials. The 26 department shall not approve the issuance of a medical 27 cannabidiol card pursuant to this section for a patient 28 who is enrolled in a federally approved clinical trial 29 for the treatment of a debilitating medical condition 30 with medical cannabidiol. 31 Sec. 6. NEW SECTION . 124E.5 Department duties —— 32 rules. 33 1. a. The department shall maintain a confidential 34 file of the names of each patient to or for whom the 35 -6- H1340.3845 (2) 86 rh/rj 6/ 26

department issues a medical cannabidiol registration 1 card and the name of each primary caregiver to whom the 2 department issues a medical cannabidiol registration 3 card under section 124E.4. 4 b. Individual names contained in the file shall be 5 confidential and shall not be subject to disclosure, 6 except as provided in subparagraph (1). 7 (1) Information in the confidential file maintained 8 pursuant to paragraph “a” may be released on an 9 individual basis to the following persons under the 10 following circumstances: 11 (a) To authorized employees or agents of the 12 department and the department of transportation as 13 necessary to perform the duties of the department and 14 the department of transportation pursuant to this 15 chapter. 16 (b) To authorized employees of law enforcement 17 agencies of a state or political subdivision thereof, 18 but only for the purpose of verifying that a person 19 is lawfully in possession of a medical cannabidiol 20 registration card issued pursuant to this chapter. 21 (c) To any other authorized persons recognized by 22 the department by rule, but only for the purpose of 23 verifying that a person is lawfully in possession of a 24 medical cannabidiol registration card issued pursuant 25 to this chapter. 26 (2) Release of information pursuant to subparagraph 27 (1) shall be consistent with the federal Health 28 Insurance Portability and Accountability Act of 1996, 29 Pub. L. No. 104-191. 30 2. The department shall adopt rules pursuant to 31 chapter 17A to administer this chapter which shall 32 include but not be limited to rules to do all of the 33 following: 34 a. Govern the manner in which the department shall 35 -7- H1340.3845 (2) 86 rh/rj 7/ 26

consider applications for new and renewal medical 1 cannabidiol registration cards. 2 b. Ensure that the medical cannabidiol registration 3 card program operates on a self-sustaining basis. 4 c. Review and publicly report the existing medical 5 and scientific literature regarding the range of 6 recommended dosages for each debilitating medical 7 condition and the range of chemical compositions of 8 any plant of the genus cannabis that will likely be 9 medically beneficial for each of the debilitating 10 medical conditions. The department shall make this 11 information available to patients with debilitating 12 medical conditions beginning December 1, 2016, and 13 update the information annually. 14 Sec. 7. NEW SECTION . 124E.6 Use of medical 15 cannabidiol —— affirmative defenses. 16 1. A health care practitioner, including any 17 authorized agent or employee thereof, shall not be 18 subject to prosecution for the unlawful certification, 19 possession, or administration of marijuana under the 20 laws of this state for activities arising directly 21 out of or directly related to the certification or 22 use of medical cannabidiol or medical cannabidiol 23 products in the treatment of a patient diagnosed with 24 a debilitating medical condition as authorized by this 25 chapter. 26 2. a. In a prosecution for the unlawful possession 27 of marijuana under the laws of this state, including 28 but not limited to chapters 124 and 453B, it is an 29 affirmative and complete defense to the prosecution 30 that the patient has been diagnosed with a debilitating 31 medical condition, used or possessed medical 32 cannabidiol or medical cannabidiol products pursuant 33 to a certification by a health care practitioner as 34 authorized under this chapter, and, for a patient 35 -8- H1340.3845 (2) 86 rh/rj 8/ 26

eighteen years of age or older, is in possession of 1 a valid medical cannabidiol registration card issued 2 pursuant to this chapter. 3 b. In a prosecution for the unlawful possession 4 of marijuana under the laws of this state, including 5 but not limited to chapters 124 and 453B, it is an 6 affirmative and complete defense to the prosecution 7 that the person possessed medical cannabidiol or 8 medical cannabidiol products because the person is a 9 primary caregiver of a patient who has been diagnosed 10 with a debilitating medical condition and is in 11 possession of a valid medical cannabidiol registration 12 card issued pursuant to this chapter, and where 13 the primary caregiver’s possession of the medical 14 cannabidiol or medical cannabidiol products is on 15 behalf of the patient and for the patient’s use only as 16 authorized under this chapter. 17 c. If a patient or primary caregiver is charged 18 with the unlawful possession of marijuana under the 19 laws of this state, including but not limited to 20 chapters 124 and 453B, and is not in possession of 21 the person’s medical cannabidiol registration card, 22 any charge or charges filed against the person shall 23 be dismissed by the court if the person produces to 24 the court prior to or at the person’s trial a medical 25 cannabidiol registration card issued to that person and 26 valid at the time the person was charged. 27 3. An agency of this state or a political 28 subdivision thereof, including any law enforcement 29 agency, shall not remove or initiate proceedings to 30 remove a patient under the age of eighteen from the 31 home of a parent based solely upon the parent’s or 32 patient’s possession or use of medical cannabidiol or 33 medical cannabidiol products as authorized under this 34 chapter. 35 -9- H1340.3845 (2) 86 rh/rj 9/ 26

4. The department, the department of 1 transportation, and any health care practitioner, 2 including any authorized agent or employee thereof, are 3 not subject to any civil or disciplinary penalties by 4 the board of medicine or any business, occupational, 5 or professional licensing board or entity, solely for 6 activities conducted relating to a patient’s possession 7 or use of medical cannabidiol or medical cannabidiol 8 products as authorized under this chapter. Nothing in 9 this section affects a professional licensing board 10 from taking action in response to violations of any 11 other section of law. 12 5. Notwithstanding any law to the contrary, the 13 department, the department of transportation, the 14 governor, or any employee of any state agency shall not 15 be held civilly or criminally liable for any injury, 16 loss of property, personal injury, or death caused by 17 any act or omission while acting within the scope of 18 office or employment as authorized under this chapter. 19 6. An attorney shall not be subject to disciplinary 20 action by the Iowa supreme court or attorney 21 disciplinary board for providing legal assistance to 22 a patient, primary caregiver, or others based upon a 23 patient’s or primary caregiver’s possession or use of 24 medical cannabidiol as authorized under this chapter. 25 7. Possession of a medical cannabidiol registration 26 card or an application for a medical cannabidiol 27 registration card by a person entitled to possess or 28 apply for a medical cannabidiol registration card shall 29 not constitute probable cause or reasonable suspicion, 30 and shall not be used to support a search of the person 31 or property of the person possessing or applying for 32 the medical cannabidiol registration card, or otherwise 33 subject the person or property of the person to 34 inspection by any governmental agency. 35 -10- H1340.3845 (2) 86 rh/rj 10/ 26

Sec. 8. NEW SECTION . 124E.7 Medical cannabidiol 1 source. 2 Medical cannabidiol provided exclusively pursuant to 3 a written certification of a health care practitioner 4 shall be obtained from an out-of-state source. 5 Sec. 9. NEW SECTION . 124E.8 Penalties. 6 A person who knowingly or intentionally possesses 7 or uses medical cannabidiol in violation of the 8 requirements of this chapter is subject to the 9 penalties provided under chapters 124 and 453B. 10 Sec. 10. NEW SECTION . 124E.9 Use of medical 11 cannabidiol —— smoking prohibited. 12 A patient shall not consume medical cannabidiol 13 possessed or used as authorized under this chapter by 14 smoking medical cannabidiol. 15 Sec. 11. Section 730.5, subsection 11, Code 2016, 16 is amended by adding the following new paragraph: 17 NEW PARAGRAPH . f. Testing or taking action against 18 an individual with a confirmed positive test result due 19 to the individual’s use of cannabidiol as authorized 20 under chapter 124E. 21 Sec. 12. TRANSITION PROVISIONS. A medical 22 cannabidiol registration card issued under chapter 23 124D prior to the effective date of this division of 24 this Act, remains effective and continues in effect 25 as issued for the twelve-month period following its 26 issuance. This division of this Act does not preclude 27 the medical cannabidiol cardholder from seeking to 28 renew the holder’s medical cannabidiol registration 29 card under this division of this Act prior to the 30 expiration of the twelve-month period. 31 Sec. 13. REPEAL. Chapter 124D, Code 2016, is 32 repealed. 33 Sec. 14. EFFECTIVE UPON ENACTMENT. This division 34 of this Act, being deemed of immediate importance, 35 -11- H1340.3845 (2) 86 rh/rj 11/ 26

takes effect upon enactment. 1 DIVISION II 2 SYNTHETIC DRUGS 3 Sec. 15. Section 124.101, Code 2016, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION . 15A. “Imitation controlled 6 substance” means a substance which is not a controlled 7 substance but which by color, shape, size, markings, 8 and other aspects of dosage unit appearance, and 9 packaging or other factors, appears to be or resembles 10 a controlled substance. The board of pharmacy may 11 designate a substance as an imitation controlled 12 substance pursuant to the board’s rulemaking authority 13 and in accordance with chapter 17A. “Imitation 14 controlled substance” also means any substance 15 determined to be an imitation controlled substance 16 pursuant to section 124.101B. 17 Sec. 16. NEW SECTION . 124.101B Factors indicating 18 an imitation controlled substance. 19 If a substance has not been designated as an 20 imitation controlled substance by the board of pharmacy 21 and if dosage unit appearance alone does not establish 22 that a substance is an imitation controlled substance, 23 the following factors may be considered in determining 24 whether the substance is an imitation controlled 25 substance: 26 1. The person in control of the substance expressly 27 or impliedly represents that the substance has the 28 effect of a controlled substance. 29 2. The person in control of the substance expressly 30 or impliedly represents that the substance because 31 of its nature or appearance can be sold or delivered 32 as a controlled substance or as a substitute for a 33 controlled substance. 34 3. The person in control of the substance either 35 -12- H1340.3845 (2) 86 rh/rj 12/ 26

demands or receives money or other property having a 1 value substantially greater than the actual value of 2 the substance as consideration for delivery of the 3 substance. 4 Sec. 17. Section 124.201, subsection 4, Code 2016, 5 is amended to read as follows: 6 4. If any new substance is designated as a 7 controlled substance under federal law and notice of 8 the designation is given to the board, the board shall 9 similarly designate as controlled the new substance 10 under this chapter after the expiration of thirty days 11 from publication in the federal register of a final 12 order designating a new substance as a controlled 13 substance, unless within that thirty-day period the 14 board objects to the new designation. In that case 15 the board shall publish the reasons for objection and 16 afford all interested parties an opportunity to be 17 heard. At the conclusion of the hearing the board 18 shall announce its decision. Upon publication of 19 objection to a new substance being designated as a 20 controlled substance under this chapter by the board, 21 control under this chapter is stayed until the board 22 publishes its decision. If a substance is designated 23 as controlled by the board under this subsection the 24 control shall be considered a temporary and if, within 25 sixty days after the next regular session of the 26 general assembly convenes, the general assembly has not 27 made the corresponding changes in this chapter , the 28 temporary designation of control of the substance by 29 the board shall be nullified amendment to the schedules 30 of controlled substances in this chapter . If the 31 board so designates a substance as controlled, which 32 is considered a temporary amendment to the schedules 33 of controlled substances in this chapter, and if 34 the general assembly does not amend this chapter to 35 -13- H1340.3845 (2) 86 rh/rj 13/ 26

enact the temporary amendment and make the enactment 1 effective within two years from the date the temporary 2 amendment first became effective, the temporary 3 amendment is repealed by operation of law two years 4 from the effective date of the temporary amendment. A 5 temporary amendment repealed by operation of law is 6 subject to section 4.13 relating to the construction 7 of statutes and the application of a general savings 8 provision. 9 Sec. 18. Section 124.204, subsection 4, paragraph 10 ai, subparagraphs (3), (4), and (5), Code 2016, are 11 amended by striking the subparagraphs. 12 Sec. 19. Section 124.204, subsection 4, paragraph 13 aj, Code 2016, is amended by striking the paragraph and 14 inserting in lieu thereof the following: 15 aj. 5-methoxy-N,N-dimethyltryptamine. 16 Some trade or other names: 17 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT. 18 Sec. 20. Section 124.204, subsection 4, paragraph 19 ak, Code 2016, is amended by striking the paragraph and 20 inserting in lieu thereof the following: 21 ak. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine 22 (2C-E). 23 Sec. 21. Section 124.204, subsection 4, Code 2016, 24 is amended by adding the following new paragraphs: 25 NEW PARAGRAPH . al. 2-(2,5-Dimethoxy-4- 26 methylphenyl)ethanamine (2C-D). 27 NEW PARAGRAPH . am. 2-(4-Chloro-2,5- 28 dimethoxyphenyl)ethanamine (2C-C). 29 NEW PARAGRAPH . an. 2-(4-Iodo-2,5- 30 dimethoxyphenyl)ethanamine (2C-I). 31 NEW PARAGRAPH . ao. 2-[4-(Ethylthio)-2,5- 32 dimethoxyphenyl]ethanamine (2C-T-2). 33 NEW PARAGRAPH . ap. 2-[4-(Isopropylthio)-2,5- 34 dimethoxyphenyl]ethanamine (2C-T-4). 35 -14- H1340.3845 (2) 86 rh/rj 14/ 26

NEW PARAGRAPH . aq. 2-(2,5-Dimethoxyphenyl) 1 ethanamine (2C-H). 2 NEW PARAGRAPH . ar. 2-(2,5-Dimethoxy-4- 3 nitrophenyl)ethanamine (2C-N). 4 NEW PARAGRAPH . as. 2-(2,5-Dimethoxy-4-(n)- 5 propylphenyl)ethanamine (2C-P). 6 Sec. 22. Section 124.204, subsection 6, paragraph 7 i, subparagraph (3), Code 2016, is amended by striking 8 the subparagraph and inserting in lieu thereof the 9 following: 10 (3) 3,4-Methylenedioxy-N-methylcathinone 11 (methylone). 12 Sec. 23. Section 124.204, subsection 6, paragraph 13 i, subparagraphs (23), (24), (25), and (26), Code 2016, 14 are amended by striking the subparagraphs. 15 Sec. 24. Section 124.204, subsection 9, Code 2016, 16 is amended by adding the following new paragraphs: 17 NEW PARAGRAPH . 0a. HU-210. 18 [(6aR,10aR)-9-(hydroxymethyl)- 19 6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a- 20 tetrahydrobenzo[c] chromen-1-ol)]. 21 NEW PARAGRAPH . 00a. HU-211(dexanabinol, 22 (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 23 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 24 chromen-1-ol). 25 NEW PARAGRAPH . 000a. Unless specifically exempted 26 or unless listed in another schedule, any material, 27 compound, mixture, or preparation which contains any 28 quantity of cannabimimetic agents, or which contains 29 their salts, isomers, and salts of isomers whenever the 30 existence of such salts, isomers, and salts of isomers 31 is possible within the specific chemical designation. 32 (1) The term “cannabimimetic agents” means any 33 substance that is a cannabinoid receptor type 1 (CB1 34 receptor) agonist as demonstrated by binding studies 35 -15- H1340.3845 (2) 86 rh/rj 15/ 26

and functional assays within any of the following 1 structural classes: 2 (a) 2-(3-hydroxycyclohexyl)phenol with substitution 3 at the 5-position of the phenolic ring by alkyl or 4 alkenyl, whether or not substituted on the cyclohexyl 5 ring to any extent. 6 (b) 3-(1-naphthoyl)indole or 7 3-(1-naphthylmethane)indole by substitution at the 8 nitrogen atom of the indole ring, whether or not 9 further substituted on the indole ring to any extent, 10 whether or not substituted on the naphthoyl or naphthyl 11 ring to any extent. 12 (c) 3-(1-naphthoyl)pyrrole by substitution at the 13 nitrogen atom of the pyrrole ring, whether or not 14 further substituted in the pyrrole ring to any extent, 15 whether or not substituted on the naphthoyl ring to any 16 extent. 17 (d) 1-(1-naphthylmethylene)indene by substitution 18 of the 3-position of the indene ring, whether or not 19 further substituted in the indene ring to any extent, 20 whether or not substituted on the naphthyl ring to any 21 extent. 22 (e) 3-phenylacetylindole or 3-benzoylindole by 23 substitution at the nitrogen atom of the indole ring, 24 whether or not further substituted in the indole ring 25 to any extent, whether or not substituted on the phenyl 26 ring to any extent. 27 (2) Such terms include: 28 (a) CP 47,497 and homologues 29 5-(1,1-dimethylheptyl)-2- 30 [(1R,3S)-3-hydroxycyclohexl]phenol. 31 (b) JWH-018 and AM678 32 1-Pentyl-3-(1-naphthoyl)indole. 33 (c) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 34 (d) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H- 35 -16- H1340.3845 (2) 86 rh/rj 16/ 26

indol-3-yl]-1-naphthalenyl-methanone. 1 (e) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 2 (f) JWH-81 3 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 4 (g) JWH-122 5 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 6 (h) JWH-250 7 1-pentyl-3-(2-methoxyphenylacetyl)indole. 8 (i) RCS-4 and SR-19 9 1-pentyl-3-[(4methoxy)-benzoyl]indole. 10 (j) RCS-8 and SR 18 1-cyclohexylethyl-3- 11 (2-methoxyphenylacetyl)indole. 12 (k) AM2201 13 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 14 (l) JWH-203 15 1-pentyl-3-(2-chlorophenylacetyl)indole. 16 (m) JWH-398 17 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 18 (n) AM694 19 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 20 (o) Cannabicyclohexanol or CP-47,497 C8-homolog 5- 21 (1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 22 Sec. 25. Section 124.208, subsection 5, paragraph 23 a, subparagraphs (3) and (4), Code 2016, are amended by 24 striking the subparagraphs. 25 Sec. 26. Section 124.210, subsection 2, Code 2016, 26 is amended by adding the following new paragraph: 27 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 28 (3-methoxyphenyl)cyclohexanol, its salts, optical 29 and geometric isomers, and salts of these isomers 30 (including tramadol). 31 Sec. 27. Section 124.210, subsection 3, Code 2016, 32 is amended by adding the following new paragraphs: 33 NEW PARAGRAPH . bb. Alfaxalone. 34 NEW PARAGRAPH . bc. Suvorexant. 35 -17- H1340.3845 (2) 86 rh/rj 17/ 26

Sec. 28. Section 124.401, subsection 1, unnumbered 1 paragraph 1, Code 2016, is amended to read as follows: 2 Except as authorized by this chapter , it is unlawful 3 for any person to manufacture, deliver, or possess with 4 the intent to manufacture or deliver, a controlled 5 substance, a counterfeit substance, or a simulated 6 controlled substance , or an imitation controlled 7 substance , or to act with, enter into a common scheme 8 or design with, or conspire with one or more other 9 persons to manufacture, deliver, or possess with 10 the intent to manufacture or deliver a controlled 11 substance, a counterfeit substance, or a simulated 12 controlled substance , or an imitation controlled 13 substance . 14 Sec. 29. Section 124.401, subsection 1, paragraph 15 a, unnumbered paragraph 1, Code 2016, is amended to 16 read as follows: 17 Violation of this subsection , with respect to 18 the following controlled substances, counterfeit 19 substances, or simulated controlled substances , or 20 imitation controlled substances, is a class “B” felony, 21 and notwithstanding section 902.9, subsection 1 , 22 paragraph “b” , shall be punished by confinement for no 23 more than fifty years and a fine of not more than one 24 million dollars: 25 Sec. 30. Section 124.401, subsection 1, paragraph 26 a, Code 2016, is amended by adding the following new 27 subparagraph: 28 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 29 mixture or substance containing any detectable amount 30 of those substances identified in section 124.204, 31 subsection 9. 32 Sec. 31. Section 124.401, subsection 1, paragraph 33 b, unnumbered paragraph 1, Code 2016, is amended to 34 read as follows: 35 -18- H1340.3845 (2) 86 rh/rj 18/ 26

Violation of this subsection with respect to 1 the following controlled substances, counterfeit 2 substances, or simulated controlled substances , or 3 imitation controlled substances is a class “B” felony, 4 and in addition to the provisions of section 902.9, 5 subsection 1 , paragraph “b” , shall be punished by a 6 fine of not less than five thousand dollars nor more 7 than one hundred thousand dollars: 8 Sec. 32. Section 124.401, subsection 1, paragraph 9 b, Code 2016, is amended by adding the following new 10 subparagraph: 11 NEW SUBPARAGRAPH . (9) More than five kilograms but 12 not more than ten kilograms of a mixture or substance 13 containing any detectable amount of those substances 14 identified in section 124.204, subsection 9. 15 Sec. 33. Section 124.401, subsection 1, paragraph 16 c, unnumbered paragraph 1, Code 2016, is amended to 17 read as follows: 18 Violation of this subsection with respect to 19 the following controlled substances, counterfeit 20 substances, or simulated controlled substances , or 21 imitation controlled substances is a class “C” felony, 22 and in addition to the provisions of section 902.9, 23 subsection 1 , paragraph “d” , shall be punished by a 24 fine of not less than one thousand dollars nor more 25 than fifty thousand dollars: 26 Sec. 34. Section 124.401, subsection 1, paragraph 27 c, Code 2016, is amended by adding the following new 28 subparagraph: 29 NEW SUBPARAGRAPH . (7A) Five kilograms or less of a 30 mixture or substance containing any detectable amount 31 of those substances identified in section 124.204, 32 subsection 9. 33 Sec. 35. Section 124.401, subsection 1, paragraph 34 c, subparagraph (8), Code 2016, is amended to read as 35 -19- H1340.3845 (2) 86 rh/rj 19/ 26

follows: 1 (8) Any other controlled substance, counterfeit 2 substance, or simulated controlled substance , or 3 imitation controlled substance classified in schedule 4 I, II, or III, except as provided in paragraph “d” . 5 Sec. 36. Section 124.401, subsection 1, paragraph 6 d, Code 2016, is amended to read as follows: 7 d. Violation of this subsection , with respect 8 to any other controlled substances, counterfeit 9 substances, or simulated controlled substances 10 classified in section 124.204, subsection 4 , paragraph 11 “ai” , or section 124.204, subsection 6 , paragraph “i” , 12 or , or imitation controlled substances classified 13 in schedule IV or V is an aggravated misdemeanor. 14 However, violation of this subsection involving 15 fifty kilograms or less of marijuana or involving 16 flunitrazepam is a class “D” felony. 17 Sec. 37. Section 124.401, subsection 2, Code 2016, 18 is amended to read as follows: 19 2. If the same person commits two or more acts 20 which are in violation of subsection 1 and the acts 21 occur in approximately the same location or time 22 period so that the acts can be attributed to a single 23 scheme, plan, or conspiracy, the acts may be considered 24 a single violation and the weight of the controlled 25 substances, counterfeit substances, or simulated 26 controlled substances , or imitation controlled 27 substances involved may be combined for purposes of 28 charging the offender. 29 Sec. 38. 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 32 intentionally to possess a controlled substance unless 33 such substance was obtained directly from, or pursuant 34 to, a valid prescription or order of a practitioner 35 -20- H1340.3845 (2) 86 rh/rj 20/ 26

while acting in the course of the practitioner’s 1 professional practice, or except as otherwise 2 authorized by this chapter . Any person who violates 3 this subsection is guilty of a serious misdemeanor for 4 a first offense. A person who commits a violation of 5 this subsection and who has previously been convicted 6 of violating this chapter or chapter 124A , 124B , or 7 453B , or chapter 124A as it existed prior to July 8 1, 2016, is guilty of an aggravated misdemeanor. A 9 person who commits a violation of this subsection and 10 has previously been convicted two or more times of 11 violating this chapter or chapter 124A , 124B , or 453B , 12 or chapter 124A as it existed prior to July 1, 2016, is 13 guilty of a class “D” felony. 14 Sec. 39. Section 124.401A, Code 2016, is amended to 15 read as follows: 16 124.401A Enhanced penalty for manufacture or 17 distribution to persons on certain real property. 18 In addition to any other penalties provided in 19 this chapter , a person who is eighteen years of age 20 or older who unlawfully manufactures with intent to 21 distribute, distributes, or possesses with intent to 22 distribute a substance or counterfeit substance listed 23 in schedule I, II, or III, or a simulated or imitation 24 controlled substance represented to be a controlled 25 substance classified in schedule I, II, or III, to 26 another person who is eighteen years of age or older in 27 or on, or within one thousand feet of the real property 28 comprising a public or private elementary or secondary 29 school, public park, public swimming pool, public 30 recreation center, or on a marked school bus, may be 31 sentenced up to an additional term of confinement of 32 five years. 33 Sec. 40. Section 124.401B, Code 2016, is amended to 34 read as follows: 35 -21- H1340.3845 (2) 86 rh/rj 21/ 26

124.401B Possession of controlled substances on 1 certain real property —— additional penalty. 2 In addition to any other penalties provided in this 3 chapter or another chapter, a person who unlawfully 4 possesses a substance listed in schedule I, II, or 5 III, or a simulated or imitation controlled substance 6 represented to be a controlled substance classified 7 in schedule I, II, or III, in or on, or within one 8 thousand feet of the real property comprising a public 9 or private elementary or secondary school, public park, 10 public swimming pool, public recreation center, or on 11 a marked school bus, may be sentenced to one hundred 12 hours of community service work for a public agency 13 or a nonprofit charitable organization. The court 14 shall provide the offender with a written statement of 15 the terms and monitoring provisions of the community 16 service. 17 Sec. 41. Section 124.406, subsection 2, Code 2016, 18 is amended to read as follows: 19 2. A person who is eighteen years of age or older 20 who: 21 a. Unlawfully distributes or possesses with the 22 intent to distribute a counterfeit substance listed 23 in schedule I or II, or a simulated or imitation 24 controlled substance represented to be a substance 25 classified in schedule I or II, to a person under 26 eighteen years of age commits a class “B” felony. 27 However, if the substance was distributed in or on, 28 or within one thousand feet of, the real property 29 comprising a public or private elementary or secondary 30 school, public park, public swimming pool, public 31 recreation center, or on a marked school bus, the 32 person shall serve a minimum term of confinement of ten 33 years. 34 b. Unlawfully distributes or possesses with intent 35 -22- H1340.3845 (2) 86 rh/rj 22/ 26