House File 567 H-8290 Amend the amendment, H-8289, to the Senate 1 amendment, H-1340, to House File 567, as amended, 2 passed, and reprinted by the House, as follows: 3 1. By striking page 1, line 1, through page 26, 4 line 30, and inserting: 5 < Amend the Senate amendment, H-3140, to House File 6 567, as amended, passed, and reprinted by the House, 7 as follows: 8 1. By striking page 1, line 1, through page 15, 9 line 26, and inserting: 10 < Amend House File 567, as amended, passed, and 11 reprinted by the House, as follows: 12 1. By striking everything after the enacting clause 13 and inserting: 14 < DIVISION I 15 MEDICAL CANNABIDIOL 16 Section 1. Section 124.401, subsection 5, 17 unnumbered paragraph 3, Code 2016, is amended to read 18 as follows: 19 A person may knowingly or intentionally recommend, 20 possess, use, dispense, deliver, transport, or 21 administer cannabidiol if the recommendation, 22 possession, use, dispensing, delivery, transporting, 23 or administering is in accordance with the provisions 24 of chapter 124D 124E . For purposes of this paragraph, 25 “cannabidiol” means the same as defined in section 26 124D.2 124E.2 . 27 Sec. 2. NEW SECTION . 124E.1 Short title. 28 This chapter shall be known and may be cited as the 29 “Medical Cannabidiol Act” . 30 Sec. 3. NEW SECTION . 124E.2 Definitions. 31 As used in this chapter: 32 1. “Debilitating medical condition” means any of the 33 following: 34 a. Cancer, if the underlying condition or treatment 35 -1- H8289.3862 (1) 86 rh/rj 1/ 28 #1.

produces one or more of the following: 1 (1) Severe or chronic pain. 2 (2) Nausea or severe vomiting. 3 (3) Cachexia or severe wasting. 4 b. Multiple sclerosis with severe and persistent 5 muscle spasms. 6 c. Seizures, including those characteristic of 7 epilepsy. 8 d. AIDS or HIV as defined in section 141A.1. 9 e. Crohn’s disease. 10 f. Amyotrophic lateral sclerosis. 11 g. Any terminal illness, with a probable life 12 expectancy of under one year, if the illness or its 13 treatment produces one or more of the following: 14 (1) Severe or chronic pain. 15 (2) Nausea or severe vomiting. 16 (3) Cachexia or severe wasting. 17 2. “Department” means the department of public 18 health. 19 3. “Disqualifying felony offense” means a violation 20 under federal or state law of a felony under federal or 21 state law, which has as an element the possession, use, 22 or distribution of a controlled substance, as defined 23 in 21 U.S.C. §802(6). 24 4. “Health care practitioner” means an individual 25 licensed under chapter 148 to practice medicine and 26 surgery or osteopathic medicine and surgery. 27 5. “Medical cannabidiol” means a nonpsychoactive 28 cannabinoid found in the plant Cannabis sativa L. 29 or, Cannabis indica or any other preparation thereof 30 that is essentially free from plant material, and has 31 a tetrahydrocannabinol level of no more than three 32 percent, and that is delivered in any of the following 33 forms: 34 a. Liquid, including but not limited to oil. 35 -2- H8289.3862 (1) 86 rh/rj 2/ 28

b. Pill. 1 c. Through a vaporized delivery method with the use 2 of liquid or oil but which does not include the use of 3 dried leaves or plant form. 4 6. “Primary caregiver” means a person including but 5 not limited to a parent or legal guardian, at least 6 twenty-one years of age, who has been designated by 7 a patient’s health care practitioner as a necessary 8 caretaker taking responsibility for managing the 9 well-being of the patient with respect to the use of 10 medical cannabidiol pursuant to the provisions of this 11 chapter. 12 7. “Written certification” means a document signed 13 by a health care practitioner, with whom the patient 14 has established a patient-provider relationship, which 15 states that the patient has a debilitating medical 16 condition and identifies that condition and provides 17 any other relevant information. 18 Sec. 4. NEW SECTION . 124E.3 Health care 19 practitioner certification —— duties. 20 1. Prior to a patient’s submission of an 21 application for a medical cannabidiol card pursuant to 22 section 124E.4, a health care practitioner shall do all 23 of the following: 24 a. Determine, in the health care practitioner’s 25 medical judgment, whether the patient whom the health 26 care practitioner has examined and treated suffers from 27 a debilitating medical condition that qualifies for 28 the use of medical cannabidiol under this chapter, and 29 if so determined, provide the patient with a written 30 certification of that diagnosis. 31 b. Provide explanatory information as provided by 32 the department to the patient about the therapeutic 33 use of medical cannabidiol and the possible risks, 34 benefits, and side effects of the proposed treatment. 35 -3- H8289.3862 (1) 86 rh/rj 3/ 28

2. Subsequently, the health care practitioner shall 1 do the following: 2 a. Determine, on an annual basis, if the patient 3 continues to suffer from a debilitating medical 4 condition and, if so, issue the patient a new 5 certification of that diagnosis. 6 b. Otherwise comply with all requirements 7 established by the department pursuant to rule. 8 3. A health care practitioner may provide, but has 9 no duty to provide, a written certification pursuant 10 to this section. 11 Sec. 5. NEW SECTION . 124E.4 Medical cannabidiol 12 registration card. 13 1. Issuance to patient. Subject to subsection 7, 14 the department may approve the issuance of a medical 15 cannabidiol registration card by the department of 16 transportation to a patient who: 17 a. Is at least eighteen years of age. 18 b. Is a permanent resident of this state. 19 c. Submits a written certification to the 20 department signed by the patient’s health care 21 practitioner that the patient is suffering from a 22 debilitating medical condition. 23 d. Submits an application to the department, on a 24 form created by the department, in consultation with 25 the department of transportation, that contains all of 26 the following: 27 (1) The patient’s full name, Iowa residence 28 address, date of birth, and telephone number. 29 (2) A copy of the patient’s valid photograph 30 identification. 31 (3) Full name, address, and telephone number of the 32 patient’s health care practitioner. 33 (4) Full name, residence address, date of birth, 34 and telephone number of each primary caregiver of the 35 -4- H8289.3862 (1) 86 rh/rj 4/ 28

patient, if any. 1 (5) Any other information required by rule. 2 e. Has not been convicted of a disqualifying felony 3 offense. 4 2. Patient card contents. A medical cannabidiol 5 registration card issued to a patient by the department 6 of transportation pursuant to subsection 1 shall 7 contain, at a minimum, all of the following: 8 a. The patient’s full name, Iowa residence address, 9 and date of birth. 10 b. The patient’s photograph. 11 c. The date of issuance and expiration date of the 12 registration card. 13 d. Any other information required by rule. 14 3. Issuance to primary caregiver. For a patient in 15 a primary caregiver’s care, subject to subsection 7, 16 the department may approve the issuance of a medical 17 cannabidiol registration card by the department of 18 transportation to the primary caregiver who: 19 a. Is at least twenty-one years of age. 20 b. Submits a written certification to the 21 department signed by the patient’s health care 22 practitioner that the patient in the primary 23 caregiver’s care is suffering from a debilitating 24 medical condition. 25 c. Submits an application to the department, on a 26 form created by the department, in consultation with 27 the department of transportation, that contains all of 28 the following: 29 (1) The primary caregiver’s full name, residence 30 address, date of birth, and telephone number. 31 (2) The patient’s full name. 32 (3) A copy of the primary caregiver’s valid 33 photograph identification. 34 (4) Full name, address, and telephone number of the 35 -5- H8289.3862 (1) 86 rh/rj 5/ 28

patient’s health care practitioner. 1 (5) Any other information required by rule. 2 d. Has not been convicted of a disqualifying felony 3 offense. 4 4. Primary caregiver card contents. A medical 5 cannabidiol registration card issued by the department 6 of transportation to a primary caregiver pursuant to 7 subsection 3 shall contain, at a minimum, all of the 8 following: 9 a. The primary caregiver’s full name, residence 10 address, and date of birth. 11 b. The primary caregiver’s photograph. 12 c. The date of issuance and expiration date of the 13 registration card. 14 d. The registration card number of each patient 15 in the primary caregiver’s care. If the patient 16 in the primary caregiver’s care is under the age of 17 eighteen, the full name of the patient’s parent or 18 legal guardian. 19 e. Any other information required by rule. 20 5. Expiration date of card. A medical cannabidiol 21 registration card issued pursuant to this section shall 22 expire one year after the date of issuance and may be 23 renewed. 24 6. Card issuance —— department of 25 transportation. The department may enter into 26 a chapter 28E agreement with the department of 27 transportation to facilitate the issuance of medical 28 cannabidiol registration cards pursuant to subsections 29 1 and 3. 30 7. Federally approved clinical trials. The 31 department shall not approve the issuance of a medical 32 cannabidiol card pursuant to this section for a patient 33 who is enrolled in a federally approved clinical trial 34 for the treatment of a debilitating medical condition 35 -6- H8289.3862 (1) 86 rh/rj 6/ 28

with medical cannabidiol. 1 Sec. 6. NEW SECTION . 124E.5 Department duties —— 2 rules. 3 1. a. The department shall maintain a confidential 4 file of the names of each patient to or for whom the 5 department issues a medical cannabidiol registration 6 card and the name of each primary caregiver to whom the 7 department issues a medical cannabidiol registration 8 card under section 124E.4. 9 b. Individual names contained in the file shall be 10 confidential and shall not be subject to disclosure, 11 except as provided in subparagraph (1). 12 (1) Information in the confidential file maintained 13 pursuant to paragraph “a” may be released on an 14 individual basis to the following persons under the 15 following circumstances: 16 (a) To authorized employees or agents of the 17 department and the department of transportation as 18 necessary to perform the duties of the department and 19 the department of transportation pursuant to this 20 chapter. 21 (b) To authorized employees of law enforcement 22 agencies of a state or political subdivision thereof, 23 but only for the purpose of verifying that a person 24 is lawfully in possession of a medical cannabidiol 25 registration card issued pursuant to this chapter. 26 (c) To any other authorized persons recognized by 27 the department by rule, but only for the purpose of 28 verifying that a person is lawfully in possession of a 29 medical cannabidiol registration card issued pursuant 30 to this chapter. 31 (2) Release of information pursuant to subparagraph 32 (1) shall be consistent with the federal Health 33 Insurance Portability and Accountability Act of 1996, 34 Pub. L. No. 104-191. 35 -7- H8289.3862 (1) 86 rh/rj 7/ 28

2. The department shall adopt rules pursuant to 1 chapter 17A to administer this chapter which shall 2 include but not be limited to rules to do all of the 3 following: 4 a. Govern the manner in which the department shall 5 consider applications for new and renewal medical 6 cannabidiol registration cards. 7 b. Ensure that the medical cannabidiol registration 8 card program operates on a self-sustaining basis. 9 c. Review and publicly report the existing medical 10 and scientific literature regarding the range of 11 recommended dosages for each debilitating medical 12 condition and the range of chemical compositions of 13 any plant of the genus cannabis that will likely be 14 medically beneficial for each of the debilitating 15 medical conditions. The department shall make this 16 information available to patients with debilitating 17 medical conditions beginning December 1, 2016, and 18 update the information annually. 19 Sec. 7. NEW SECTION . 124E.6 Use of medical 20 cannabidiol —— affirmative defenses. 21 1. A health care practitioner, including any 22 authorized agent or employee thereof, shall not be 23 subject to prosecution for the unlawful certification, 24 possession, or administration of marijuana under the 25 laws of this state for activities arising directly 26 out of or directly related to the certification or 27 use of medical cannabidiol or medical cannabidiol 28 products in the treatment of a patient diagnosed with 29 a debilitating medical condition as authorized by this 30 chapter. 31 2. a. In a prosecution for the unlawful possession 32 of marijuana under the laws of this state, including 33 but not limited to chapters 124 and 453B, it is an 34 affirmative and complete defense to the prosecution 35 -8- H8289.3862 (1) 86 rh/rj 8/ 28

that the patient has been diagnosed with a debilitating 1 medical condition, used or possessed medical 2 cannabidiol or medical cannabidiol products pursuant 3 to a certification by a health care practitioner as 4 authorized under this chapter, and, for a patient 5 eighteen years of age or older, is in possession of 6 a valid medical cannabidiol registration card issued 7 pursuant to this chapter. 8 b. In a prosecution for the unlawful possession 9 of marijuana under the laws of this state, including 10 but not limited to chapters 124 and 453B, it is an 11 affirmative and complete defense to the prosecution 12 that the person possessed medical cannabidiol or 13 medical cannabidiol products because the person is a 14 primary caregiver of a patient who has been diagnosed 15 with a debilitating medical condition and is in 16 possession of a valid medical cannabidiol registration 17 card issued pursuant to this chapter, and where 18 the primary caregiver’s possession of the medical 19 cannabidiol or medical cannabidiol products is on 20 behalf of the patient and for the patient’s use only as 21 authorized under this chapter. 22 c. If a patient or primary caregiver is charged 23 with the unlawful possession of marijuana under the 24 laws of this state, including but not limited to 25 chapters 124 and 453B, and is not in possession of 26 the person’s medical cannabidiol registration card, 27 any charge or charges filed against the person shall 28 be dismissed by the court if the person produces to 29 the court prior to or at the person’s trial a medical 30 cannabidiol registration card issued to that person and 31 valid at the time the person was charged. 32 3. An agency of this state or a political 33 subdivision thereof, including any law enforcement 34 agency, shall not remove or initiate proceedings to 35 -9- H8289.3862 (1) 86 rh/rj 9/ 28

remove a patient under the age of eighteen from the 1 home of a parent based solely upon the parent’s or 2 patient’s possession or use of medical cannabidiol or 3 medical cannabidiol products as authorized under this 4 chapter. 5 4. The department, the department of 6 transportation, and any health care practitioner, 7 including any authorized agent or employee thereof, are 8 not subject to any civil or disciplinary penalties by 9 the board of medicine or any business, occupational, 10 or professional licensing board or entity, solely for 11 activities conducted relating to a patient’s possession 12 or use of medical cannabidiol or medical cannabidiol 13 products as authorized under this chapter. Nothing in 14 this section affects a professional licensing board 15 from taking action in response to violations of any 16 other section of law. 17 5. Notwithstanding any law to the contrary, the 18 department, the department of transportation, the 19 governor, or any employee of any state agency shall not 20 be held civilly or criminally liable for any injury, 21 loss of property, personal injury, or death caused by 22 any act or omission while acting within the scope of 23 office or employment as authorized under this chapter. 24 6. An attorney shall not be subject to disciplinary 25 action by the Iowa supreme court or attorney 26 disciplinary board for providing legal assistance to 27 a patient, primary caregiver, or others based upon a 28 patient’s or primary caregiver’s possession or use of 29 medical cannabidiol as authorized under this chapter. 30 7. Possession of a medical cannabidiol registration 31 card or an application for a medical cannabidiol 32 registration card by a person entitled to possess or 33 apply for a medical cannabidiol registration card shall 34 not constitute probable cause or reasonable suspicion, 35 -10- H8289.3862 (1) 86 rh/rj 10/ 28

and shall not be used to support a search of the person 1 or property of the person possessing or applying for 2 the medical cannabidiol registration card, or otherwise 3 subject the person or property of the person to 4 inspection by any governmental agency. 5 Sec. 8. NEW SECTION . 124E.7 Medical cannabidiol 6 source. 7 Medical cannabidiol provided exclusively pursuant to 8 a written certification of a health care practitioner 9 shall be obtained from an out-of-state source. 10 Sec. 9. NEW SECTION . 124E.8 Penalties. 11 A person who knowingly or intentionally possesses 12 or uses medical cannabidiol in violation of the 13 requirements of this chapter is subject to the 14 penalties provided under chapters 124 and 453B. 15 Sec. 10. NEW SECTION . 124E.9 Use of medical 16 cannabidiol —— smoking prohibited. 17 A patient shall not consume medical cannabidiol 18 possessed or used as authorized under this chapter by 19 smoking medical cannabidiol. 20 Sec. 11. NEW SECTION . 124E.10 Medical cannabidiol 21 therapeutic research impact assessment task force. 22 1. A medical cannabidiol therapeutic research 23 impact assessment task force is created within the 24 department. The task force shall consist of the 25 following members: 26 a. Four members of the general assembly who shall 27 serve as ex officio, nonvoting members to be appointed 28 as follows: 29 (1) Two members of the house of representatives, 30 one selected by the speaker of the house of 31 representatives, the other selected by the minority 32 leader of the house of representatives. 33 (2) Two members of the senate, one selected by the 34 majority leader of the senate, the other selected by 35 -11- H8289.3862 (1) 86 rh/rj 11/ 28

the minority leader of the senate. 1 b. Eighteen voting members as follows: 2 (1) Two members who are primary caregivers who are 3 patients with a valid medical cannabidiol registration 4 card. 5 (2) Two members who are primary caregivers who are 6 parents of patients under age eighteen. 7 (3) Four members representing health care 8 providers, including one licensed pharmacist. 9 (4) Four members representing law enforcement, one 10 from the Iowa police chiefs association, one from the 11 Iowa state sheriffs’ and deputies’ association, one 12 from the Iowa peace officers association, and one from 13 the Iowa county attorneys association. 14 (5) Four members representing substance use 15 disorder treatment providers. 16 (6) One member representing the department of 17 public health. 18 (7) One member representing the department of 19 public safety. 20 2. Task force members shall be appointed by July 21 15, 2016, and shall meet annually. 22 3. Two co-chairpersons of the task force shall be 23 chosen from the members. One co-chairperson shall be 24 selected by the speaker of the house of representatives 25 and the other co-chairperson shall be selected by the 26 majority leader of the senate. 27 4. The task force shall review and evaluate the 28 impact of the use of medical cannabidiol, including 29 Iowa’s experience and the experience of other states 30 involving medical cannabidiol, on all of the following: 31 a. Program design and implementation. 32 b. The impact on the health care provider 33 community. 34 c. Patient experiences. 35 -12- H8289.3862 (1) 86 rh/rj 12/ 28

d. The impact on the incidence of substance abuse. 1 e. Access to and quality of medical cannabidiol and 2 medical cannabidiol products. 3 f. The impact on law enforcement and prosecutions. 4 g. Public awareness and perception. 5 h. Any unintended consequences. 6 5. The task force shall submit its recommendations 7 to the governor and the general assembly no later than 8 December 15 in each year the task force is required to 9 meet. 10 6. This section is repealed July 1, 2021. 11 Sec. 12. Section 730.5, subsection 11, Code 2016, 12 is amended by adding the following new paragraph: 13 NEW PARAGRAPH . f. Testing or taking action against 14 an individual with a confirmed positive test result due 15 to the individual’s use of cannabidiol as authorized 16 under chapter 124E. 17 Sec. 13. TRANSITION PROVISIONS. A medical 18 cannabidiol registration card issued under chapter 19 124D prior to the effective date of this division of 20 this Act, remains effective and continues in effect 21 as issued for the twelve-month period following its 22 issuance. This division of this Act does not preclude 23 the medical cannabidiol cardholder from seeking to 24 renew the holder’s medical cannabidiol registration 25 card under this division of this Act prior to the 26 expiration of the twelve-month period. 27 Sec. 14. REPEAL. Chapter 124D, Code 2016, is 28 repealed. 29 Sec. 15. EFFECTIVE UPON ENACTMENT. This division 30 of this Act, being deemed of immediate importance, 31 takes effect upon enactment. 32 DIVISION II 33 SYNTHETIC DRUGS 34 Sec. 16. Section 124.101, Code 2016, is amended by 35 -13- H8289.3862 (1) 86 rh/rj 13/ 28

adding the following new subsection: 1 NEW SUBSECTION . 15A. “Imitation controlled 2 substance” means a substance which is not a controlled 3 substance but which by color, shape, size, markings, 4 and other aspects of dosage unit appearance, and 5 packaging or other factors, appears to be or resembles 6 a controlled substance. The board of pharmacy may 7 designate a substance as an imitation controlled 8 substance pursuant to the board’s rulemaking authority 9 and in accordance with chapter 17A. “Imitation 10 controlled substance” also means any substance 11 determined to be an imitation controlled substance 12 pursuant to section 124.101B. 13 Sec. 17. NEW SECTION . 124.101B Factors indicating 14 an imitation controlled substance. 15 If a substance has not been designated as an 16 imitation controlled substance by the board of pharmacy 17 and if dosage unit appearance alone does not establish 18 that a substance is an imitation controlled substance, 19 the following factors may be considered in determining 20 whether the substance is an imitation controlled 21 substance: 22 1. The person in control of the substance expressly 23 or impliedly represents that the substance has the 24 effect of a controlled substance. 25 2. The person in control of the substance expressly 26 or impliedly represents that the substance because 27 of its nature or appearance can be sold or delivered 28 as a controlled substance or as a substitute for a 29 controlled substance. 30 3. The person in control of the substance either 31 demands or receives money or other property having a 32 value substantially greater than the actual value of 33 the substance as consideration for delivery of the 34 substance. 35 -14- H8289.3862 (1) 86 rh/rj 14/ 28

Sec. 18. Section 124.201, subsection 4, Code 2016, 1 is amended to read as follows: 2 4. If any new substance is designated as a 3 controlled substance under federal law and notice of 4 the designation is given to the board, the board shall 5 similarly designate as controlled the new substance 6 under this chapter after the expiration of thirty days 7 from publication in the federal register of a final 8 order designating a new substance as a controlled 9 substance, unless within that thirty-day period the 10 board objects to the new designation. In that case 11 the board shall publish the reasons for objection and 12 afford all interested parties an opportunity to be 13 heard. At the conclusion of the hearing the board 14 shall announce its decision. Upon publication of 15 objection to a new substance being designated as a 16 controlled substance under this chapter by the board, 17 control under this chapter is stayed until the board 18 publishes its decision. If a substance is designated 19 as controlled by the board under this subsection the 20 control shall be considered a temporary and if, within 21 sixty days after the next regular session of the 22 general assembly convenes, the general assembly has not 23 made the corresponding changes in this chapter , the 24 temporary designation of control of the substance by 25 the board shall be nullified amendment to the schedules 26 of controlled substances in this chapter . If the 27 board so designates a substance as controlled, which 28 is considered a temporary amendment to the schedules 29 of controlled substances in this chapter, and if 30 the general assembly does not amend this chapter to 31 enact the temporary amendment and make the enactment 32 effective within two years from the date the temporary 33 amendment first became effective, the temporary 34 amendment is repealed by operation of law two years 35 -15- H8289.3862 (1) 86 rh/rj 15/ 28

from the effective date of the temporary amendment. A 1 temporary amendment repealed by operation of law is 2 subject to section 4.13 relating to the construction 3 of statutes and the application of a general savings 4 provision. 5 Sec. 19. Section 124.204, subsection 4, paragraph 6 ai, subparagraphs (3), (4), and (5), Code 2016, are 7 amended by striking the subparagraphs. 8 Sec. 20. Section 124.204, subsection 4, paragraph 9 aj, Code 2016, is amended by striking the paragraph and 10 inserting in lieu thereof the following: 11 aj. 5-methoxy-N,N-dimethyltryptamine. 12 Some trade or other names: 13 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT. 14 Sec. 21. Section 124.204, subsection 4, paragraph 15 ak, Code 2016, is amended by striking the paragraph and 16 inserting in lieu thereof the following: 17 ak. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine 18 (2C-E). 19 Sec. 22. Section 124.204, subsection 4, Code 2016, 20 is amended by adding the following new paragraphs: 21 NEW PARAGRAPH . al. 2-(2,5-Dimethoxy-4- 22 methylphenyl)ethanamine (2C-D). 23 NEW PARAGRAPH . am. 2-(4-Chloro-2,5- 24 dimethoxyphenyl)ethanamine (2C-C). 25 NEW PARAGRAPH . an. 2-(4-Iodo-2,5- 26 dimethoxyphenyl)ethanamine (2C-I). 27 NEW PARAGRAPH . ao. 2-[4-(Ethylthio)-2,5- 28 dimethoxyphenyl]ethanamine (2C-T-2). 29 NEW PARAGRAPH . ap. 2-[4-(Isopropylthio)-2,5- 30 dimethoxyphenyl]ethanamine (2C-T-4). 31 NEW PARAGRAPH . aq. 2-(2,5-Dimethoxyphenyl) 32 ethanamine (2C-H). 33 NEW PARAGRAPH . ar. 2-(2,5-Dimethoxy-4- 34 nitrophenyl)ethanamine (2C-N). 35 -16- H8289.3862 (1) 86 rh/rj 16/ 28

NEW PARAGRAPH . as. 2-(2,5-Dimethoxy-4-(n)- 1 propylphenyl)ethanamine (2C-P). 2 Sec. 23. Section 124.204, subsection 6, paragraph 3 i, subparagraph (3), Code 2016, is amended by striking 4 the subparagraph and inserting in lieu thereof the 5 following: 6 (3) 3,4-Methylenedioxy-N-methylcathinone 7 (methylone). 8 Sec. 24. Section 124.204, subsection 6, paragraph 9 i, subparagraphs (23), (24), (25), and (26), Code 2016, 10 are amended by striking the subparagraphs. 11 Sec. 25. Section 124.204, subsection 9, Code 2016, 12 is amended by adding the following new paragraphs: 13 NEW PARAGRAPH . 0a. HU-210. 14 [(6aR,10aR)-9-(hydroxymethyl)- 15 6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a- 16 tetrahydrobenzo[c] chromen-1-ol)]. 17 NEW PARAGRAPH . 00a. HU-211(dexanabinol, 18 (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 19 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 20 chromen-1-ol). 21 NEW PARAGRAPH . 000a. Unless specifically exempted 22 or unless listed in another schedule, any material, 23 compound, mixture, or preparation which contains any 24 quantity of cannabimimetic agents, or which contains 25 their salts, isomers, and salts of isomers whenever the 26 existence of such salts, isomers, and salts of isomers 27 is possible within the specific chemical designation. 28 (1) The term “cannabimimetic agents” means any 29 substance that is a cannabinoid receptor type 1 (CB1 30 receptor) agonist as demonstrated by binding studies 31 and functional assays within any of the following 32 structural classes: 33 (a) 2-(3-hydroxycyclohexyl)phenol with substitution 34 at the 5-position of the phenolic ring by alkyl or 35 -17- H8289.3862 (1) 86 rh/rj 17/ 28

alkenyl, whether or not substituted on the cyclohexyl 1 ring to any extent. 2 (b) 3-(1-naphthoyl)indole or 3 3-(1-naphthylmethane)indole by substitution at the 4 nitrogen atom of the indole ring, whether or not 5 further substituted on the indole ring to any extent, 6 whether or not substituted on the naphthoyl or naphthyl 7 ring to any extent. 8 (c) 3-(1-naphthoyl)pyrrole by substitution at the 9 nitrogen atom of the pyrrole ring, whether or not 10 further substituted in the pyrrole ring to any extent, 11 whether or not substituted on the naphthoyl ring to any 12 extent. 13 (d) 1-(1-naphthylmethylene)indene by substitution 14 of the 3-position of the indene ring, whether or not 15 further substituted in the indene ring to any extent, 16 whether or not substituted on the naphthyl ring to any 17 extent. 18 (e) 3-phenylacetylindole or 3-benzoylindole by 19 substitution at the nitrogen atom of the indole ring, 20 whether or not further substituted in the indole ring 21 to any extent, whether or not substituted on the phenyl 22 ring to any extent. 23 (2) Such terms include: 24 (a) CP 47,497 and homologues 25 5-(1,1-dimethylheptyl)-2- 26 [(1R,3S)-3-hydroxycyclohexl]phenol. 27 (b) JWH-018 and AM678 28 1-Pentyl-3-(1-naphthoyl)indole. 29 (c) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 30 (d) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H- 31 indol-3-yl]-1-naphthalenyl-methanone. 32 (e) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 33 (f) JWH-81 34 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 35 -18- H8289.3862 (1) 86 rh/rj 18/ 28

(g) JWH-122 1 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 2 (h) JWH-250 3 1-pentyl-3-(2-methoxyphenylacetyl)indole. 4 (i) RCS-4 and SR-19 5 1-pentyl-3-[(4methoxy)-benzoyl]indole. 6 (j) RCS-8 and SR 18 1-cyclohexylethyl-3- 7 (2-methoxyphenylacetyl)indole. 8 (k) AM2201 9 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 10 (l) JWH-203 11 1-pentyl-3-(2-chlorophenylacetyl)indole. 12 (m) JWH-398 13 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 14 (n) AM694 15 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 16 (o) Cannabicyclohexanol or CP-47,497 C8-homolog 5- 17 (1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 18 Sec. 26. Section 124.208, subsection 5, paragraph 19 a, subparagraphs (3) and (4), Code 2016, are amended by 20 striking the subparagraphs. 21 Sec. 27. Section 124.210, subsection 2, Code 2016, 22 is amended by adding the following new paragraph: 23 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 24 (3-methoxyphenyl)cyclohexanol, its salts, optical 25 and geometric isomers, and salts of these isomers 26 (including tramadol). 27 Sec. 28. Section 124.210, subsection 3, Code 2016, 28 is amended by adding the following new paragraphs: 29 NEW PARAGRAPH . bb. Alfaxalone. 30 NEW PARAGRAPH . bc. Suvorexant. 31 Sec. 29. Section 124.401, subsection 1, unnumbered 32 paragraph 1, Code 2016, is amended to read as follows: 33 Except as authorized by this chapter , it is unlawful 34 for any person to manufacture, deliver, or possess with 35 -19- H8289.3862 (1) 86 rh/rj 19/ 28

the intent to manufacture or deliver, a controlled 1 substance, a counterfeit substance, or a simulated 2 controlled substance , or an imitation controlled 3 substance , or to act with, enter into a common scheme 4 or design with, or conspire with one or more other 5 persons to manufacture, deliver, or possess with 6 the intent to manufacture or deliver a controlled 7 substance, a counterfeit substance, or a simulated 8 controlled substance , or an imitation controlled 9 substance . 10 Sec. 30. Section 124.401, subsection 1, paragraph 11 a, unnumbered paragraph 1, Code 2016, is amended to 12 read as follows: 13 Violation of this subsection , with respect to 14 the following controlled substances, counterfeit 15 substances, or simulated controlled substances , or 16 imitation controlled substances, is a class “B” felony, 17 and notwithstanding section 902.9, subsection 1 , 18 paragraph “b” , shall be punished by confinement for no 19 more than fifty years and a fine of not more than one 20 million dollars: 21 Sec. 31. Section 124.401, subsection 1, paragraph 22 a, Code 2016, is amended by adding the following new 23 subparagraph: 24 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 25 mixture or substance containing any detectable amount 26 of those substances identified in section 124.204, 27 subsection 9. 28 Sec. 32. Section 124.401, subsection 1, paragraph 29 b, unnumbered paragraph 1, Code 2016, is amended to 30 read as follows: 31 Violation of this subsection with respect to 32 the following controlled substances, counterfeit 33 substances, or simulated controlled substances , or 34 imitation controlled substances is a class “B” felony, 35 -20- H8289.3862 (1) 86 rh/rj 20/ 28

and in addition to the provisions of section 902.9, 1 subsection 1 , paragraph “b” , shall be punished by a 2 fine of not less than five thousand dollars nor more 3 than one hundred thousand dollars: 4 Sec. 33. Section 124.401, subsection 1, paragraph 5 b, Code 2016, is amended by adding the following new 6 subparagraph: 7 NEW SUBPARAGRAPH . (9) More than five kilograms but 8 not more than ten kilograms of a mixture or substance 9 containing any detectable amount of those substances 10 identified in section 124.204, subsection 9. 11 Sec. 34. Section 124.401, subsection 1, paragraph 12 c, unnumbered paragraph 1, Code 2016, is amended to 13 read as follows: 14 Violation of this subsection with respect to 15 the following controlled substances, counterfeit 16 substances, or simulated controlled substances , or 17 imitation controlled substances is a class “C” felony, 18 and in addition to the provisions of section 902.9, 19 subsection 1 , paragraph “d” , shall be punished by a 20 fine of not less than one thousand dollars nor more 21 than fifty thousand dollars: 22 Sec. 35. Section 124.401, subsection 1, paragraph 23 c, Code 2016, is amended by adding the following new 24 subparagraph: 25 NEW SUBPARAGRAPH . (7A) Five kilograms or less of a 26 mixture or substance containing any detectable amount 27 of those substances identified in section 124.204, 28 subsection 9. 29 Sec. 36. Section 124.401, subsection 1, paragraph 30 c, subparagraph (8), Code 2016, is amended to read as 31 follows: 32 (8) Any other controlled substance, counterfeit 33 substance, or simulated controlled substance , or 34 imitation controlled substance classified in schedule 35 -21- H8289.3862 (1) 86 rh/rj 21/ 28

I, II, or III, except as provided in paragraph “d” . 1 Sec. 37. Section 124.401, subsection 1, paragraph 2 d, Code 2016, is amended to read as follows: 3 d. Violation of this subsection , with respect 4 to any other controlled substances, counterfeit 5 substances, or simulated controlled substances 6 classified in section 124.204, subsection 4 , paragraph 7 “ai” , or section 124.204, subsection 6 , paragraph “i” , 8 or , or imitation controlled substances classified 9 in schedule IV or V is an aggravated misdemeanor. 10 However, violation of this subsection involving 11 fifty kilograms or less of marijuana or involving 12 flunitrazepam is a class “D” felony. 13 Sec. 38. Section 124.401, subsection 2, Code 2016, 14 is amended to read as follows: 15 2. If the same person commits two or more acts 16 which are in violation of subsection 1 and the acts 17 occur in approximately the same location or time 18 period so that the acts can be attributed to a single 19 scheme, plan, or conspiracy, the acts may be considered 20 a single violation and the weight of the controlled 21 substances, counterfeit substances, or simulated 22 controlled substances , or imitation controlled 23 substances involved may be combined for purposes of 24 charging the offender. 25 Sec. 39. Section 124.401, subsection 5, unnumbered 26 paragraph 1, Code 2016, is amended to read as follows: 27 It is unlawful for any person knowingly or 28 intentionally to possess a controlled substance unless 29 such substance was obtained directly from, or pursuant 30 to, a valid prescription or order of a practitioner 31 while acting in the course of the practitioner’s 32 professional practice, or except as otherwise 33 authorized by this chapter . Any person who violates 34 this subsection is guilty of a serious misdemeanor for 35 -22- H8289.3862 (1) 86 rh/rj 22/ 28

a first offense. A person who commits a violation of 1 this subsection and who has previously been convicted 2 of violating this chapter or chapter 124A , 124B , or 3 453B , or chapter 124A as it existed prior to July 4 1, 2016, is guilty of an aggravated misdemeanor. A 5 person who commits a violation of this subsection and 6 has previously been convicted two or more times of 7 violating this chapter or chapter 124A , 124B , or 453B , 8 or chapter 124A as it existed prior to July 1, 2016, is 9 guilty of a class “D” felony. 10 Sec. 40. Section 124.401A, Code 2016, is amended to 11 read as follows: 12 124.401A Enhanced penalty for manufacture or 13 distribution to persons on certain real property. 14 In addition to any other penalties provided in 15 this chapter , a person who is eighteen years of age 16 or older who unlawfully manufactures with intent to 17 distribute, distributes, or possesses with intent to 18 distribute a substance or counterfeit substance listed 19 in schedule I, II, or III, or a simulated or imitation 20 controlled substance represented to be a controlled 21 substance classified in schedule I, II, or III, to 22 another person who is eighteen years of age or older in 23 or on, or within one thousand feet of the real property 24 comprising a public or private elementary or secondary 25 school, public park, public swimming pool, public 26 recreation center, or on a marked school bus, may be 27 sentenced up to an additional term of confinement of 28 five years. 29 Sec. 41. Section 124.401B, Code 2016, is amended to 30 read as follows: 31 124.401B Possession of controlled substances on 32 certain real property —— additional penalty. 33 In addition to any other penalties provided in this 34 chapter or another chapter, a person who unlawfully 35 -23- H8289.3862 (1) 86 rh/rj 23/ 28