House File 567 S-3144 Amend House File 567, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking page 1, line 1, through page 14, 3 line 19, and inserting: 4 < Section 1. Section 124.101, Code 2015, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION . 15A. “Imitation controlled 7 substance” means a substance which is not a controlled 8 substance but which by color, shape, size, markings, 9 and other aspects of dosage unit appearance, and 10 packaging or other factors, appears to be or resembles 11 a controlled substance. The board of pharmacy may 12 designate a substance as an imitation controlled 13 substance pursuant to the board’s rulemaking authority 14 and in accordance with chapter 17A. “Imitation 15 controlled substance” also means any substance 16 determined to be an imitation controlled substance 17 pursuant to section 124.101B. 18 Sec. ___. NEW SECTION . 124.101B Factors indicating 19 an imitation controlled substance. 20 If a substance has not been designated as an 21 imitation controlled substance by the board of pharmacy 22 and if dosage unit appearance alone does not establish 23 that a substance is an imitation controlled substance, 24 the following factors may be considered in determining 25 whether the substance is an imitation controlled 26 substance: 27 1. The person in control of the substance expressly 28 or impliedly represents that the substance has the 29 effect of a controlled substance. 30 2. The person in control of the substance expressly 31 or impliedly represents that the substance because 32 of its nature or appearance can be sold or delivered 33 as a controlled substance or as a substitute for a 34 controlled substance. 35 3. The person in control of the substance either 36 demands or receives money or other property having a 37 value substantially greater than the actual value of 38 the substance as consideration for delivery of the 39 substance. 40 Sec. ___. Section 124.201, subsection 4, Code 2015, 41 is amended to read as follows: 42 4. If any new substance is designated as a 43 controlled substance under federal law and notice of 44 the designation is given to the board, the board shall 45 similarly designate as controlled the new substance 46 under this chapter after the expiration of thirty days 47 from publication in the federal register of a final 48 order designating a new substance as a controlled 49 substance, unless within that thirty-day period the 50 -1- HF567.1504 (2) 86 jm/rj 1/ 15 #1.

board objects to the new designation. In that case 1 the board shall publish the reasons for objection and 2 afford all interested parties an opportunity to be 3 heard. At the conclusion of the hearing the board 4 shall announce its decision. Upon publication of 5 objection to a new substance being designated as a 6 controlled substance under this chapter by the board, 7 control under this chapter is stayed until the board 8 publishes its decision. If a substance is designated 9 as controlled by the board under this subsection the 10 control shall be considered a temporary and if, within 11 sixty days after the next regular session of the 12 general assembly convenes, the general assembly has not 13 made the corresponding changes in this chapter , the 14 temporary designation of control of the substance by 15 the board shall be nullified amendment to the schedules 16 of controlled substances in this chapter . If the 17 board so designates a substance as controlled, which 18 is considered a temporary amendment to the schedules 19 of controlled substances in this chapter, and if 20 the general assembly does not amend this chapter to 21 enact the temporary amendment and make the enactment 22 effective within two years from the date the temporary 23 amendment first became effective, the temporary 24 amendment is repealed by operation of law two years 25 from the effective date of the temporary amendment. A 26 temporary amendment repealed by operation of law is 27 subject to section 4.13 relating to the construction 28 of statutes and the application of a general savings 29 provision. 30 Sec. ___. Section 124.204, subsection 4, paragraphs 31 m and u, Code 2015, are amended by striking the 32 paragraphs. 33 Sec. ___. Section 124.204, subsection 4, paragraph 34 ai, subparagraphs (3), (4), and (5), Code 2015, are 35 amended by striking the subparagraphs. 36 Sec. ___. Section 124.204, subsection 4, paragraph 37 aj, Code 2015, is amended by striking the paragraph and 38 inserting in lieu thereof the following: 39 aj. 5-methoxy-N,N-dimethyltryptamine. 40 Some trade or other names: 41 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT. 42 Sec. ___. Section 124.204, subsection 4, paragraph 43 ak, Code 2015, is amended by striking the paragraph and 44 inserting in lieu thereof the following: 45 ak. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine 46 (2C-E). 47 Sec. ___. Section 124.204, subsection 4, Code 2015, 48 is amended by adding the following new paragraphs: 49 NEW PARAGRAPH . al. 2-(2,5-Dimethoxy-4- 50 -2- HF567.1504 (2) 86 jm/rj 2/ 15

methylphenyl)ethanamine (2C-D). 1 NEW PARAGRAPH . am. 2-(4-Chloro-2,5- 2 dimethoxyphenyl)ethanamine (2C-C). 3 NEW PARAGRAPH . an. 2-(4-Iodo-2,5- 4 dimethoxyphenyl)ethanamine (2C-I). 5 NEW PARAGRAPH . ao. 2-[4-(Ethylthio)-2,5- 6 dimethoxyphenyl]ethanamine (2C-T-2). 7 NEW PARAGRAPH . ap. 2-[4-(Isopropylthio)-2,5- 8 dimethoxyphenyl]ethanamine (2C-T-4). 9 NEW PARAGRAPH . aq. 2-(2,5-Dimethoxyphenyl) 10 ethanamine (2C-H). 11 NEW PARAGRAPH . ar. 2-(2,5-Dimethoxy-4- 12 nitrophenyl)ethanamine (2C-N). 13 NEW PARAGRAPH . as. 2-(2,5-Dimethoxy-4-(n)- 14 propylphenyl)ethanamine (2C-P). 15 Sec. ___. Section 124.204, subsection 6, paragraph 16 i, subparagraph (3), Code 2015, is amended by striking 17 the subparagraph and inserting in lieu thereof the 18 following: 19 (3) 3,4-Methylenedioxy-N-methylcathinone 20 (methylone). 21 Sec. ___. Section 124.204, subsection 6, paragraph 22 i, subparagraphs (18), (19), (20), (21), and (22), Code 23 2015, are amended by striking the subparagraphs and 24 inserting in lieu thereof the following: 25 (18) 4-methyl-N-ethylcathinone. Other names: 26 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one. 27 (19) 4-methyl-alpha6 pyrrolidinopropiophenone. 28 Other names: 4-MePPP, MePPP, 29 4-methyl-[alpha]-pyrrolidinopropiophenone, 8 30 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one. 31 (20) Pentedrone. Other names: 32 [alpha]-methylaminovalerophenone, 33 2-(methylamino)-1-phenylpentan-1-one. 34 (21) Pentylone. Other names: bk-MBDP, 35 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. 36 (22) Alpha-pyrrolidinobutiophenone. Other names: 37 [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one. 38 Sec. ___. Section 124.204, subsection 6, paragraph 39 i, subparagraphs (23), (24), (25), and (26), Code 2015, 40 are amended by striking the subparagraphs. 41 Sec. ___. Section 124.204, subsection 7, Code 2015, 42 is amended by striking the subsection. 43 Sec. ___. Section 124.204, subsection 9, Code 2015, 44 is amended by adding the following new paragraphs: 45 NEW PARAGRAPH . 0a. HU-210. 46 [(6aR,10aR)-9-(hydroxymethyl)- 47 6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a- 48 tetrahydrobenzo[c] chromen-1-ol)]. 49 NEW PARAGRAPH . 00a. HU-211(dexanabinol, 50 -3- HF567.1504 (2) 86 jm/rj 3/ 15

(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 1 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 2 chromen-1-ol). 3 NEW PARAGRAPH . 000a. Unless specifically exempted 4 or unless listed in another schedule, any material, 5 compound, mixture, or preparation which contains any 6 quantity of cannabimimetic agents, or which contains 7 their salts, isomers, and salts of isomers whenever the 8 existence of such salts, isomers, and salts of isomers 9 is possible within the specific chemical designation. 10 (1) The term “cannabimimetic agents” means any 11 substance that is a cannabinoid receptor type 1 (CB1 12 receptor) agonist as demonstrated by binding studies 13 and functional assays within any of the following 14 structural classes: 15 (a) 2-(3-hydroxycyclohexyl)phenol with substitution 16 at the 5-position of the phenolic ring by alkyl or 17 alkenyl, whether or not substituted on the cyclohexyl 18 ring to any extent. 19 (b) 3-(1-naphthoyl)indole or 20 3-(1-naphthylmethane)indole by substitution at the 21 nitrogen atom of the indole ring, whether or not 22 further substituted on the indole ring to any extent, 23 whether or not substituted on the naphthoyl or naphthyl 24 ring to any extent. 25 (c) 3-(1-naphthoyl)pyrrole by substitution at the 26 nitrogen atom of the pyrrole ring, whether or not 27 further substituted in the pyrrole ring to any extent, 28 whether or not substituted on the naphthoyl ring to any 29 extent. 30 (d) 1-(1-naphthylmethylene)indene by substitution 31 of the 3-position of the indene ring, whether or not 32 further substituted in the indene ring to any extent, 33 whether or not substituted on the naphthyl ring to any 34 extent. 35 (e) 3-phenylacetylindole or 3-benzoylindole by 36 substitution at the nitrogen atom of the indole ring, 37 whether or not further substituted in the indole ring 38 to any extent, whether or not substituted on the phenyl 39 ring to any extent. 40 (2) Such terms include: 41 (a) CP 47,497 and homologues 42 5-(1,1-dimethylheptyl)-2- 43 [(1R,3S)-3-hydroxycyclohexl]phenol. 44 (b) JWH-018 and AM678 45 1-Pentyl-3-(1-naphthoyl)indole. 46 (c) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 47 (d) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H- 48 indol-3-yl]-1-naphthalenyl-methanone. 49 (e) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 50 -4- HF567.1504 (2) 86 jm/rj 4/ 15

(f) JWH-81 1 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 2 (g) JWH-122 3 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 4 (h) JWH-250 5 1-pentyl-3-(2-methoxyphenylacetyl)indole. 6 (i) RCS-4 and SR-19 7 1-pentyl-3-[(4methoxy)-benzoyl]indole. 8 (j) RCS-8 and SR 18 1-cyclohexylethyl-3- 9 (2-methoxyphenylacetyl)indole. 10 (k) AM2201 11 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 12 (l) JWH-203 13 1-pentyl-3-(2-chlorophenylacetyl)indole. 14 (m) JWH-398 15 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 16 (n) AM694 17 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 18 (o) Cannabicyclohexanol or CP-47,497 C8-homolog 5- 19 (1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 20 NEW 21 PARAGRAPH . 0d. N-(1-amino-3-methyl-1-oxobutan-2- 22 yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide. 23 Other names: AB-FUBINACA. 24 NEW PARAGRAPH . 00d. N-(1-amino- 25 3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl- 26 1 H-indazole-3-carboxamide. Other names: ADB-PINACA. 27 NEW PARAGRAPH . 000d. Quinolin-8-yl 28 1-pentyl-lH-indole-3-carboxylate. 29 Other names: PB-22, QUPIC. 30 NEW PARAGRAPH . 0000d. Quinolin-8-yl 31 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other 32 names: 5-fluoro-PB-22, 5F-PB-22. 33 NEW 34 PARAGRAPH . 00000d. N-(1-amino-3-methyl-1-oxobutan- 35 2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other names: 36 AB-PINACA. 37 NEW 38 PARAGRAPH . 000000d. N-(1-amino-3-methyl-1-oxobutan- 39 2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. 40 Other names: AB-CHMINACA. 41 NEW 42 PARAGRAPH . 0000000d. [1-(5-fluoropentyl)-1H-indazol- 43 3-yl](naphthalen-1-yl)methanone. Other names: 44 THJ-2201. 45 Sec. ___. Section 124.206, subsection 7, Code 2015, 46 is amended to read as follows: 47 7. Hallucinogenic substances. Unless specifically 48 excepted or unless listed in another schedule, any 49 material, compound, mixture, or preparation which 50 -5- HF567.1504 (2) 86 jm/rj 5/ 15

contains any quantity of the following substances , 1 or, for purposes of paragraphs “a” and “b” , which 2 contains any of its salts, isomers, or salts of isomers 3 whenever the existence of such salts, isomers, or salts 4 of isomers is possible within the specific chemical 5 designation (for purposes of this paragraph only, the 6 term “isomer” includes the optical, positional, and 7 geometric isomers) : 8 a. Marijuana when used for medicinal purposes 9 pursuant to rules of the board . 10 b. Tetrahydrocannabinols, meaning 11 tetrahydrocannabinols naturally contained in a 12 plant of the genus Cannabis (Cannabis plant) as well 13 as synthetic equivalents of the substances contained 14 in the Cannabis plant, or in the resinous extractives 15 of such plant, and synthetic substances, derivatives, 16 and their isomers with similar chemical structure and 17 pharmacological activity to those substances contained 18 in the plant, such as the following: 19 (1) 1 cis or trans tetrahydrocannabinol, and their 20 optical isomers. 21 (2) 6 cis or trans tetrahydrocannabinol, and their 22 optical isomers. 23 (3) 3,4 cis or trans tetrahydrocannabinol, and 24 their optical isomers. (Since nomenclature of these 25 substances is not internationally standardized, 26 compounds of these structures, regardless of numerical 27 designation of atomic positions covered.) 28 b. c. Nabilone [another name for 29 nabilone: (+-) - 30 trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 31 hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. 32 Sec. ___. Section 124.208, subsection 5, paragraph 33 a, subparagraphs (3) and (4), Code 2015, are amended by 34 striking the subparagraphs. 35 Sec. ___. Section 124.210, subsection 2, Code 2015, 36 is amended by adding the following new paragraph: 37 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 38 (3-methoxyphenyl)cyclohexanol, its salts, optical 39 and geometric isomers, and salts of these isomers 40 (including tramadol). 41 Sec. ___. Section 124.210, subsection 3, Code 2015, 42 is amended by adding the following new paragraphs: 43 NEW PARAGRAPH . bb. Alfaxalone. 44 NEW PARAGRAPH . bc. Suvorexant. 45 Sec. ___. Section 124.401, subsection 1, unnumbered 46 paragraph 1, Code 2015, is amended to read as follows: 47 Except as authorized by this chapter , it is unlawful 48 for any person to manufacture, deliver, or possess with 49 the intent to manufacture or deliver, a controlled 50 -6- HF567.1504 (2) 86 jm/rj 6/ 15

substance, a counterfeit substance, or a simulated 1 controlled substance an imitation controlled substance , 2 or to act with, enter into a common scheme or design 3 with, or conspire with one or more other persons 4 to manufacture, deliver, or possess with the intent 5 to manufacture or deliver a controlled substance, 6 a counterfeit substance, or a simulated controlled 7 substance an imitation controlled substance . 8 Sec. ___. Section 124.401, subsection 1, paragraph 9 a, unnumbered paragraph 1, Code 2015, is amended to 10 read as follows: 11 Violation of this subsection , with respect to 12 the following controlled substances, counterfeit 13 substances, or simulated controlled substances 14 imitation controlled substances, is a class “B” felony, 15 and notwithstanding section 902.9, subsection 1, 16 paragraph “b” , shall be punished by confinement for no 17 more than fifty years and a fine of not more than one 18 million dollars: 19 Sec. ___. Section 124.401, subsection 1, paragraph 20 a, subparagraph (3), Code 2015, is amended to read as 21 follows: 22 (3) More than fifty one hundred twenty-five grams 23 of a mixture or substance described in subparagraph (2) 24 which contains cocaine base. 25 Sec. ___. Section 124.401, subsection 1, paragraph 26 a, Code 2015, 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. ___. Section 124.401, subsection 1, paragraph 33 b, unnumbered paragraph 1, Code 2015, is amended to 34 read as follows: 35 Violation of this subsection with respect to 36 the following controlled substances, counterfeit 37 substances, or simulated controlled substances 38 imitation controlled substances is a class “B” felony, 39 and in addition to the provisions of section 902.9, 40 subsection 1, paragraph “b” , shall be punished by a 41 fine of not less than five thousand dollars nor more 42 than one hundred thousand dollars: 43 Sec. ___. Section 124.401, subsection 1, paragraph 44 b, subparagraph (3), Code 2015, is amended to read as 45 follows: 46 (3) More than ten thirty-five grams but not more 47 than fifty one hundred twenty-five grams of a mixture 48 or substance described in subparagraph (2) which 49 contains cocaine base. 50 -7- HF567.1504 (2) 86 jm/rj 7/ 15

Sec. ___. Section 124.401, subsection 1, paragraph 1 b, Code 2015, is amended by adding the following new 2 subparagraph: 3 NEW SUBPARAGRAPH . (9) More than five kilograms but 4 not more than ten kilograms of a mixture or substance 5 containing any detectable amount of those substances 6 identified in section 124.204, subsection 9. 7 Sec. ___. Section 124.401, subsection 1, paragraph 8 c, unnumbered paragraph 1, Code 2015, is amended to 9 read as follows: 10 Violation of this subsection with respect to 11 the following controlled substances, counterfeit 12 substances, or simulated controlled substances 13 imitation controlled substances is a class “C” felony, 14 and in addition to the provisions of section 902.9, 15 subsection 1, paragraph “d” , shall be punished by a 16 fine of not less than one thousand dollars nor more 17 than fifty thousand dollars: 18 Sec. ___. Section 124.401, subsection 1, paragraph 19 c, subparagraph (3), Code 2015, is amended to read as 20 follows: 21 (3) Ten Thirty-five grams or less of a mixture or 22 substance described in subparagraph (2) which contains 23 cocaine base. 24 Sec. ___. Section 124.401, subsection 1, paragraph 25 c, Code 2015, is amended by adding the following new 26 subparagraph: 27 NEW SUBPARAGRAPH . (8) Five kilograms or less of a 28 mixture or substance containing any detectable amount 29 of those substances identified in section 124.204, 30 subsection 9. 31 Sec. ___. Section 124.401, subsection 1, paragraph 32 c, subparagraph (8), Code 2015, is amended to read as 33 follows: 34 (8) (9) Any other controlled substance, 35 counterfeit substance, or simulated controlled 36 substance imitation substance classified in schedule I, 37 II, or III, except as provided in paragraph “d” . 38 Sec. ___. Section 124.401, subsection 1, paragraph 39 d, Code 2015, is amended to read as follows: 40 d. Violation of this subsection , with respect 41 to any other controlled substances, counterfeit 42 substances, or simulated controlled substances 43 classified in section 124.204, subsection 4, paragraph 44 “ai” , or section 124.204, subsection 6 , paragraph 45 “i” , or imitation controlled substances classified 46 in schedule IV or V is an aggravated misdemeanor. 47 However, violation of this subsection involving 48 fifty kilograms or less of marijuana or involving 49 flunitrazepam is a class “D” felony. 50 -8- HF567.1504 (2) 86 jm/rj 8/ 15

Sec. ___. Section 124.401, subsection 2, Code 2015, 1 is amended to read as follows: 2 2. If the same person commits two or more acts 3 which are in violation of subsection 1 and the acts 4 occur in approximately the same location or time 5 period so that the acts can be attributed to a single 6 scheme, plan, or conspiracy, the acts may be considered 7 a single violation and the weight of the controlled 8 substances, counterfeit substances, or simulated 9 controlled substances imitation controlled substances 10 involved may be combined for purposes of charging the 11 offender. 12 Sec. ___. Section 124.401, subsection 5, Code 2015, 13 is amended to read as follows: 14 5. It is unlawful for any person knowingly or 15 intentionally to possess a controlled substance unless 16 such substance was obtained directly from, or pursuant 17 to, a valid prescription or order of a practitioner 18 while acting in the course of the practitioner’s 19 professional practice, or except as otherwise 20 authorized by this chapter . Any Except as otherwise 21 provided in this subsection, any person who violates 22 this subsection is guilty of a serious misdemeanor for 23 a first offense. A person who commits a violation of 24 this subsection and who has previously been convicted 25 of violating this chapter or chapter 124A, 124B , or 26 453B , or chapter 124A as it existed prior to July 27 1, 2015, is guilty of an aggravated misdemeanor. A 28 person who commits a violation of this subsection and 29 has previously been convicted two or more times of 30 violating this chapter or chapter 124A, 124B , or 453B , 31 or chapter 124A as it existed prior to July 1, 2015, is 32 guilty of a class “D” felony. 33 a. (1) If Except as provided in subparagraph 34 (4), if the controlled substance is marijuana, the 35 punishment shall be by imprisonment in the county jail 36 for not more than six months or by a fine of not more 37 than one thousand dollars, or by both such fine and 38 imprisonment for a first offense. 39 (2) If the controlled substance is marijuana and 40 the person has been previously convicted of a violation 41 of this subsection in which the controlled substance 42 was marijuana, the punishment shall be as provided in 43 section 903.1, subsection 1 , paragraph “b” . 44 (3) If the controlled substance is marijuana and 45 the person has been previously convicted two or more 46 times of a violation of this subsection in which the 47 controlled substance was marijuana, the person is 48 guilty of an aggravated misdemeanor. 49 (4) If the controlled substance is five grams or 50 -9- HF567.1504 (2) 86 jm/rj 9/ 15

less of marijuana and subparagraphs (2) and (3) do not 1 apply, the person is guilty of a simple misdemeanor. 2 (5) A person may knowingly or intentionally 3 recommend, possess, use, dispense, deliver, transport, 4 or administer cannabidiol if the recommendation, 5 possession, use, dispensing, delivery, transporting, 6 or administering is in accordance with the provisions 7 of chapter 124D . For purposes of this paragraph 8 subparagraph , “cannabidiol” means the same as defined 9 in section 124D.2 . 10 b. All or any part of a sentence imposed pursuant 11 to this subsection may be suspended and the person 12 placed upon probation upon such terms and conditions as 13 the court may impose including the active participation 14 by such person in a drug treatment, rehabilitation or 15 education program approved by the court. 16 c. If a person commits a violation of this 17 subsection , the court shall order the person to serve 18 a term of imprisonment of not less than forty-eight 19 hours. Any sentence imposed may be suspended, and 20 the court shall place the person on probation upon 21 such terms and conditions as the court may impose. 22 If the person is not sentenced to confinement under 23 the custody of the director of the department of 24 corrections, the terms and conditions of probation 25 shall require submission to random drug testing. If 26 the person fails a drug test, the court may transfer 27 the person’s placement to any appropriate placement 28 permissible under the court order. 29 d. If the controlled substance is amphetamine, 30 its salts, isomers, or salts of its isomers, or 31 methamphetamine, its salts, isomers, or salts of its 32 isomers, the court shall order the person to serve 33 a term of imprisonment of not less than forty-eight 34 hours. Any sentence imposed may be suspended, and the 35 court shall place the person on probation upon such 36 terms and conditions as the court may impose. The 37 court may place the person on intensive probation. 38 However, the terms and conditions of probation shall 39 require submission to random drug testing. If the 40 person fails a drug test, the court may transfer 41 the person’s placement to any appropriate placement 42 permissible under the court order. 43 Sec. ___. Section 124.401A, Code 2015, is amended 44 to read as follows: 45 124.401A Enhanced penalty for manufacture or 46 distribution to persons on certain real property. 47 In addition to any other penalties provided in 48 this chapter , a person who is eighteen years of age 49 or older who unlawfully manufactures with intent to 50 -10- HF567.1504 (2) 86 jm/rj 10/ 15

distribute, distributes, or possesses with intent to 1 distribute a substance or counterfeit substance listed 2 in schedule I, II, or III, or a simulated imitation 3 controlled substance represented to be a controlled 4 substance classified in schedule I, II, or III, to 5 another person who is eighteen years of age or older in 6 or on, or within one thousand feet of the real property 7 comprising a public or private elementary or secondary 8 school, public park, public swimming pool, public 9 recreation center, or on a marked school bus, may be 10 sentenced up to an additional term of confinement of 11 five years. 12 Sec. ___. Section 124.401B, Code 2015, is amended 13 to read as follows: 14 124.401B Possession of controlled substances on 15 certain real property —— additional penalty. 16 In addition to any other penalties provided in this 17 chapter or another chapter, a person who unlawfully 18 possesses a substance listed in schedule I, II, or 19 III, or a simulated imitation controlled substance 20 represented to be a controlled substance classified 21 in schedule I, II, or III, in or on, or within one 22 thousand feet of the real property comprising a public 23 or private elementary or secondary school, public park, 24 public swimming pool, public recreation center, or on 25 a marked school bus, may be sentenced to one hundred 26 hours of community service work for a public agency 27 or a nonprofit charitable organization. The court 28 shall provide the offender with a written statement of 29 the terms and monitoring provisions of the community 30 service. 31 Sec. ___. NEW SECTION . 124.401G Simulated 32 controlled substances. 33 1. Except as provided in this chapter, it is 34 unlawful for any person to manufacture, deliver, or 35 possess with the intent to manufacture or deliver, a 36 simulated controlled substance, or to act with, enter 37 into a common scheme or design with, or conspire with 38 one or more other persons to manufacture, deliver, or 39 possess with the intent to manufacture or deliver a 40 simulated controlled substance. 41 2. A person who violates subsection 1 is guilty of 42 a fraudulent practice as defined in sections 714.8 to 43 714.14. 44 Sec. ___. Section 124.406, subsection 2, Code 2015, 45 is amended to read as follows: 46 2. A person who is eighteen years of age or older 47 who: 48 a. Unlawfully distributes or possesses with the 49 intent to distribute a counterfeit substance listed in 50 -11- HF567.1504 (2) 86 jm/rj 11/ 15

schedule I or II, or a simulated imitation controlled 1 substance represented to be a substance classified in 2 schedule I or II, to a person under eighteen years 3 of age commits a class “B” felony. However, if the 4 substance was distributed in or on, or within one 5 thousand feet of, the real property comprising a public 6 or private elementary or secondary school, public park, 7 public swimming pool, public recreation center, or on 8 a marked school bus, the person shall serve a minimum 9 term of confinement of ten years. 10 b. Unlawfully distributes or possesses with 11 intent to distribute a counterfeit substance listed 12 in schedule III, or a simulated imitation controlled 13 substance represented to be any substance listed in 14 schedule III, to a person under eighteen years of age 15 who is at least three years younger than the violator 16 commits a class “C” felony. 17 c. Unlawfully distributes a counterfeit substance 18 listed in schedule IV or V, or a simulated imitation 19 controlled substance represented to be a substance 20 listed in schedule IV or V, to a person under eighteen 21 years of age who is at least three years younger than 22 the violator commits an aggravated misdemeanor. 23 Sec. ___. Section 124.415, Code 2015, is amended to 24 read as follows: 25 124.415 Parental and school notification —— persons 26 under eighteen years of age. 27 A peace officer shall make a reasonable effort to 28 identify a person under the age of eighteen discovered 29 to be in possession of a controlled substance, 30 counterfeit substance, or simulated controlled 31 substance imitation controlled substance in violation 32 of this chapter , and if the person is not referred to 33 juvenile court, the law enforcement agency of which the 34 peace officer is an employee shall make a reasonable 35 attempt to notify the person’s custodial parent or 36 legal guardian of such possession, whether or not the 37 person is arrested, unless the officer has reasonable 38 grounds to believe that such notification is not in 39 the best interests of the person or will endanger that 40 person. If the person is taken into custody, the peace 41 officer shall notify a juvenile court officer who shall 42 make a reasonable effort to identify the elementary or 43 secondary school the person attends, if any, and to 44 notify the superintendent of the school district, the 45 superintendent’s designee, or the authorities in charge 46 of the nonpublic school of the taking into custody. 47 A reasonable attempt to notify the person includes 48 but is not limited to a telephone call or notice by 49 first-class mail. 50 -12- HF567.1504 (2) 86 jm/rj 12/ 15

Sec. ___. NEW SECTION . 124.417 Imitation 1 controlled substances —— exceptions. 2 It is not unlawful under this chapter for a person 3 registered under section 124.302, to manufacture, 4 deliver, or possess with the intent to manufacture or 5 deliver, or to act with, one or more other persons 6 to manufacture, deliver, or possess with the intent 7 to manufacture or deliver an imitation controlled 8 substance for use as a placebo by a registered 9 practitioner in the course of professional practice or 10 research. 11 Sec. ___. Section 124.502, subsection 1, paragraph 12 a, Code 2015, is amended to read as follows: 13 a. A district judge or district associate judge, 14 within the court’s jurisdiction, and upon proper 15 oath or affirmation showing probable cause, may issue 16 warrants for the purpose of conducting administrative 17 inspections under this chapter or a related rule 18 or under chapter 124A . The warrant may also permit 19 seizures of property appropriate to the inspections. 20 For purposes of the issuance of administrative 21 inspection warrants, probable cause exists upon showing 22 a valid public interest in the effective enforcement 23 of the statute or related rules, sufficient to justify 24 administrative inspection of the area, premises, 25 building , or conveyance in the circumstances specified 26 in the application for the warrant. 27 Sec. ___. Section 155A.6, subsection 3, Code 2015, 28 is amended to read as follows: 29 3. The board shall establish standards for 30 pharmacist-intern registration and may deny, suspend, 31 or revoke a pharmacist-intern registration for failure 32 to meet the standards or for any violation of the laws 33 of this state, another state, or the United States 34 relating to prescription drugs, controlled substances, 35 or nonprescription drugs, or for any violation of this 36 chapter or chapter 124 , 124A , 124B , 126 , 147 , or 205 , 37 or any rule of the board. 38 Sec. ___. Section 155A.6A, subsection 5, Code 2015, 39 is amended to read as follows: 40 5. The board may deny, suspend, or revoke the 41 registration of, or otherwise discipline, a registered 42 pharmacy technician for any violation of the laws 43 of this state, another state, or the United States 44 relating to prescription drugs, controlled substances, 45 or nonprescription drugs, or for any violation of this 46 chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 47 272C , or any rule of the board. 48 Sec. ___. Section 155A.6B, subsection 5, Code 2015, 49 is amended to read as follows: 50 -13- HF567.1504 (2) 86 jm/rj 13/ 15

5. The board may deny, suspend, or revoke the 1 registration of a pharmacy support person or otherwise 2 discipline the pharmacy support person for any 3 violation of the laws of this state, another state, 4 or the United States relating to prescription drugs, 5 controlled substances, or nonprescription drugs, or for 6 any violation of this chapter or chapter 124 , 124A , 7 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 8 Sec. ___. Section 155A.13A, subsection 3, Code 9 2015, is amended to read as follows: 10 3. Discipline. The board may deny, suspend, or 11 revoke a nonresident pharmacy license for any violation 12 of this section , section 155A.15, subsection 2 , 13 paragraph “a” , “b” , “d” , “e” , “f” , “g” , “h” , or “i” , 14 chapter 124 , 124A , 124B , 126 , or 205 , or a rule of the 15 board. 16 Sec. ___. Section 155A.17, subsection 2, Code 2015, 17 is amended to read as follows: 18 2. The board shall establish standards for drug 19 wholesaler licensure and may define specific types of 20 wholesaler licenses. The board may deny, suspend, or 21 revoke a drug wholesale license for failure to meet the 22 applicable standards or for a violation of the laws 23 of this state, another state, or the United States 24 relating to prescription drugs, devices, or controlled 25 substances, or for a violation of this chapter , chapter 26 124 , 124A , 124B , 126 , or 205 , or a rule of the board. 27 Sec. ___. Section 155A.42, subsection 4, Code 2015, 28 is amended to read as follows: 29 4. The board may deny, suspend, or revoke a limited 30 drug and device distributor’s license for failure to 31 meet the applicable standards or for a violation of 32 the laws of this state, another state, or the United 33 States relating to prescription drugs or controlled 34 substances, or for a violation of this chapter , chapter 35 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 36 board. 37 Sec. ___. Section 901.10, subsection 1, Code 2015, 38 is amended to read as follows: 39 1. A court sentencing a person for the person’s 40 first conviction under section 124.406 , 124.413 , or 41 902.7 may, at its discretion, sentence the person to a 42 term less than provided by the statute if mitigating 43 circumstances exist and those circumstances are stated 44 specifically in the record. 45 Sec. ___. Section 901.10, subsection 2, Code 2015, 46 is amended to read as follows: 47 2. a. Except as provided in paragraph “b” , a 48 court sentencing a person where section 124.413 is 49 applicable may, at its discretion, waive the mandatory 50 -14- HF567.1504 (2) 86 jm/rj 14/ 15

minimum sentence in section 124.413, if the person 1 is classified as a low or low to moderate risk to 2 reoffend. 3 b. (1) Notwithstanding subsection 1 paragraph 4 “a” , if the sentence under a court sentencing a person 5 where section 124.413 is applicable that involves 6 an amphetamine or methamphetamine offense under 7 section 124.401, subsection 1 , paragraph “a” or “b” , 8 the court shall not grant any reduction of sentence 9 unless the defendant pleads guilty or the person 10 is classified as a low or low to moderate risk to 11 reoffend . If the defendant pleads guilty or the person 12 is classified as a low or low to moderate risk to 13 reoffend , the court may, at its discretion, reduce the 14 mandatory minimum sentence by up to one-third. If the 15 defendant additionally cooperates in the prosecution 16 of other persons involved in the sale or use of 17 controlled substances, and if the prosecutor requests 18 an additional reduction in the defendant’s sentence 19 because of such cooperation, the court may grant a 20 further reduction in the defendant’s mandatory minimum 21 sentence, up to one-half of the remaining mandatory 22 minimum sentence. 23 (2) Subparagraph (1) only applies to a person’s 24 first conviction that involves an amphetamine or 25 methamphetamine offense under section 124.401, 26 subsection 1, paragraph “a” or “b” . Upon a second or 27 subsequent conviction that involves such an offense 28 under section 124.401, the person is not eligible for a 29 reduction of sentence. 30 Sec. ___. REPEAL. Chapter 124A, Code 2015, is 31 repealed. > 32 2. Title page, line 2, by striking < enhancing the 33 penalties for imitation > and inserting < modifying the 34 penalties for > 35 ______________________________ STEVEN J. SODDERS -15- HF567.1504 (2) 86 jm/rj 15/ 15 #2.