S-3148

   Amend House File 567, as amended, passed, and reprinted by the House, as follows:
   1.  By striking page 1, line 1, through page 14, line 19, and inserting: 
   Section 1.  Section 124.101, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  15A.  “Imitation controlled substance” means a substance which is not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance. The board of pharmacy may designate a substance as an imitation controlled substance pursuant to the board’s rulemaking authority and in accordance with chapter 17A. “Imitation controlled substance” also means any substance determined to be an imitation controlled substance pursuant to section 124.101B.
   Sec. ___.  NEW SECTION.  124.101B  Factors indicating an imitation controlled substance.

   If a substance has not been designated as an imitation controlled substance by the board of pharmacy and if dosage unit appearance alone does not establish that a substance is an imitation controlled substance, the following factors may be considered in determining whether the substance is an imitation controlled substance:

   1.  The person in control of the substance expressly or impliedly represents that the substance has the effect of a controlled substance.
   2.  The person in control of the substance expressly or impliedly represents that the substance because of its nature or appearance can be sold or delivered as a controlled substance or as a substitute for a controlled substance.
   3.  The person in control of the substance either demands or receives money or other property having a value substantially greater than the actual value of the substance as consideration for delivery of the substance.
   Sec. ___.  Section 124.201, subsection 4, Code 2015, is amended to read as follows:
   4.  If any new substance is designated as a controlled substance under federal law and notice of the designation is given to the board, the board shall similarly designate as controlled the new substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a new substance as a controlled substance, unless within that thirty-day period the board objects to the new designation. In that case the board shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing the board shall announce its decision. Upon publication of objection to a new substance being designated as a controlled substance under this chapter by the board, control under this chapter is stayed until the board publishes its decision. If a substance is designated as controlled by the board under this subsection the control shall be considered a temporary and if, within sixty days after the next regular session of the general assembly convenes, the general assembly has not made the corresponding changes in this chapter, the temporary designation of control of the substance by the board shall be nullified amendment to the schedules of controlled substances in this chapter.  If the board so designates a substance as controlled, which is considered a temporary amendment to the schedules of controlled substances in this chapter, and if the general assembly does not amend this chapter to enact the temporary amendment and make the enactment effective within two years from the date the temporary amendment first became effective, the temporary amendment is repealed by operation of law two years from the effective date of the temporary amendment. A temporary amendment repealed by operation of law is subject to section 4.13 relating to the construction of statutes and the application of a general savings provision.
   Sec. ___.  Section 124.204, subsection 4, paragraphs m and u, Code 2015, are amended by striking the paragraphs.
   Sec. ___.  Section 124.204, subsection 4, paragraph ai, subparagraphs (3), (4), and (5), Code 2015, are amended by striking the subparagraphs.
   Sec. ___.  Section 124.204, subsection 4, paragraph aj, Code 2015, is amended by striking the paragraph and inserting in lieu thereof the following:
   aj.  5-methoxy-N,N-dimethyltryptamine. Some trade or other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT.
   Sec. ___.  Section 124.204, subsection 4, paragraph ak, Code 2015, is amended by striking the paragraph and inserting in lieu thereof the following:
   ak.  2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E).
   Sec. ___.  Section 124.204, subsection 4, Code 2015, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  al.  2-(2,5-Dimethoxy-4-

methylphenyl)ethanamine (2C-D).
   NEW PARAGRAPH.  am.  2-(4-Chloro-2,5-

dimethoxyphenyl)ethanamine (2C-C). 
   NEW PARAGRAPH.  an.  2-(4-Iodo-2,5-

dimethoxyphenyl)ethanamine (2C-I). 
   NEW PARAGRAPH.  ao.  2-[4-(Ethylthio)-2,5-

dimethoxyphenyl]ethanamine (2C-T-2).
   NEW PARAGRAPH.  ap.  2-[4-(Isopropylthio)-2,5-

dimethoxyphenyl]ethanamine (2C-T-4).
   NEW PARAGRAPH.  aq.  2-(2,5-Dimethoxyphenyl)

ethanamine (2C-H).
   NEW PARAGRAPH.  ar.  2-(2,5-Dimethoxy-4-

nitrophenyl)ethanamine (2C-N).
   NEW PARAGRAPH.  as.  2-(2,5-Dimethoxy-4-(n)-

propylphenyl)ethanamine (2C-P).
   Sec. ___.  Section 124.204, subsection 6, paragraph i, subparagraph (3), Code 2015, is amended by striking the subparagraph and inserting in lieu thereof the following:
   (3)  3,4-Methylenedioxy-N-methylcathinone (methylone).
   Sec. ___.  Section 124.204, subsection 6, paragraph i, subparagraphs (18), (19), (20), (21), and (22), Code 2015, are amended by striking the subparagraphs and inserting in lieu thereof the following:
   (18)  4-methyl-N-ethylcathinone. Other names: 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one.
   (19)  4-methyl-alpha6 pyrrolidinopropiophenone. Other names: 4-MePPP, MePPP, 4-methyl-[alpha]-pyrrolidinopropiophenone, 8 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one.
   (20)  Pentedrone. Other names: [alpha]-methylaminovalerophenone, 2-(methylamino)-1-phenylpentan-1-one.
   (21)  Pentylone. Other names: bk-MBDP, 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
   (22)  Alpha-pyrrolidinobutiophenone. Other names: [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one.
   Sec. ___.  Section 124.204, subsection 6, paragraph i, subparagraphs (23), (24), (25), and (26), Code 2015, are amended by striking the subparagraphs.
   Sec. ___.  Section 124.204, subsection 7, Code 2015, is amended by striking the subsection.
   Sec. ___.  Section 124.204, subsection 9, Code 2015, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0a.  HU-210. [(6aR,10aR)-9-(hydroxymethyl)-

6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-

tetrahydrobenzo[c] chromen-1-ol)]. 
   NEW PARAGRAPH.  00a.  HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-

 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol). 
   NEW PARAGRAPH.  000a.  Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation.
   (1)  The term “cannabimimetic agents” means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes:
   (a)  2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
   (b)  3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. 
   (c)  3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
   (d)  1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
   (e)  3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
   (2)  Such terms include:
   (a)  CP 47,497 and homologues 5-(1,1-dimethylheptyl)-2- [(1R,3S)-3-hydroxycyclohexl]phenol.
   (b)  JWH-018 and AM678 1-Pentyl-3-(1-naphthoyl)indole. 
   (c)  JWH-073 1-Butyl-3-(1-naphthoyl)indole. 
   (d)  JWH-200[1-[2-(4-morpholinyl)ethyl]-1H-

indol-3-yl]-1-naphthalenyl-methanone.
   (e)  JWH-19 1-hexyl-3-(1-naphthoyl)indole.
   (f)  JWH-81 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 
   (g)  JWH-122 1-pentyl-3-(4-methyl-1-naphthoyl)indole.
   (h)  JWH-250 1-pentyl-3-(2-methoxyphenylacetyl)indole.
   (i)  RCS-4 and SR-19 1-pentyl-3-[(4methoxy)-benzoyl]indole.
   (j)  RCS-8 and SR 18 1-cyclohexylethyl-3-

(2-methoxyphenylacetyl)indole.
   (k)  AM2201 1-(5-fluoropentyl)-3-(1-naphthoyl)indole.
   (l)  JWH-203 1-pentyl-3-(2-chlorophenylacetyl)indole.
   (m)  JWH-398 1-pentyl-3-(4-chloro-1-naphthoyl)indole.
   (n)  AM694 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole.
   (o)  Cannabicyclohexanol or CP-47,497 C8-homolog 5-

(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol.
   NEW PARAGRAPH.  0d.  N-(1-amino-3-methyl-1-oxobutan-2-

yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide. Other names: AB-FUBINACA.
   NEW PARAGRAPH.  00d.  N-(1-amino- 3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-

1 H-indazole-3-carboxamide. Other names: ADB-PINACA. 
   NEW PARAGRAPH.  000d.  Quinolin-8-yl 1-pentyl-lH-indole-3-carboxylate. 

Other names: PB-22, QUPIC. 
   NEW PARAGRAPH.  0000d.  Quinolin-8-yl 

1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other names: 5-fluoro-PB-22, 5F-PB-22.
   NEW PARAGRAPH.  00000d.  N-(1-amino-3-methyl-1-oxobutan-

2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other names: AB-PINACA. 
   NEW PARAGRAPH.  000000d.  N-(1-amino-3-methyl-1-oxobutan-

2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. Other names: AB-CHMINACA.
   NEW PARAGRAPH.  0000000d.  [1-(5-fluoropentyl)-1H-indazol-

3-yl](naphthalen-1-yl)methanone. Other names: THJ-2201.
   Sec. ___.  Section 124.206, subsection 7, Code 2015, is amended to read as follows:
   7.  Hallucinogenic substances.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, or, for purposes of paragraphs “a” and “b”, which contains any of its salts, isomers, or salts of isomers whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation (for purposes of this paragraph only, the term “isomer” includes the optical, positional, and geometric isomers):
   a.  Marijuana when used for medicinal purposes pursuant to rules of the board.
   b.  Tetrahydrocannabinols, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
   (1)  1 cis or trans tetrahydrocannabinol, and their optical isomers.
   (2)  6 cis or trans tetrahydrocannabinol, and their optical isomers.
   (3)  3,4 cis or trans tetrahydrocannabinol, and their optical isomers. (Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions covered.)
   b.  c.  Nabilone [another name for 

nabilone: (+-) - trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-

hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one].
   Sec. ___.  Section 124.208, subsection 5, paragraph a, subparagraphs (3) and (4), Code 2015, are amended by striking the subparagraphs.
   Sec. ___.  Section 124.210, subsection 2, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  2-[(dimethylamino)methyl]-1- (3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers (including tramadol).
   Sec. ___.  Section 124.210, subsection 3, Code 2015, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  bb.  Alfaxalone.
   NEW PARAGRAPH.  bc.  Suvorexant.
   Sec. ___.  Section 124.401, subsection 1, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance, a counterfeit substance, or a simulated controlled substance, or an imitation controlled substance, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance, a counterfeit substance, or a simulated controlled substance, or an imitation controlled substance.
   Sec. ___.  Section 124.401, subsection 1, paragraph a, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Violation of this subsection, with respect to the following controlled substances, counterfeit substances, or simulated controlled substances, or imitation controlled substances, is a class “B” felony, and notwithstanding section 902.9, subsection 1, paragraph “b”, shall be punished by confinement for no more than fifty years and a fine of not more than one million dollars:
   Sec. ___.  Section 124.401, subsection 1, paragraph a, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  More than fifty one hundred twenty-five grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
   Sec. ___.  Section 124.401, subsection 1, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (8)  More than ten kilograms of a mixture or substance containing any detectable amount of those substances identified in section 124.204, subsection 9.
   Sec. ___.  Section 124.401, subsection 1, paragraph b, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Violation of this subsection with respect to the following controlled substances, counterfeit substances, or simulated controlled substances, or imitation controlled substances is a class “B” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “b”, shall be punished by a fine of not less than five thousand dollars nor more than one hundred thousand dollars:
   Sec. ___.  Section 124.401, subsection 1, paragraph b, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  More than ten thirty-five grams but not more than fifty one hundred twenty-five grams of a mixture or substance described in subparagraph (2) which contains cocaine base.
   Sec. ___.  Section 124.401, subsection 1, paragraph b, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (9)  More than five kilograms but not more than ten kilograms of a mixture or substance containing any detectable amount of those substances identified in section 124.204, subsection 9.
   Sec. ___.  Section 124.401, subsection 1, paragraph c, unnumbered paragraph 1, Code 2015, is amended to read as follows:

   Violation of this subsection with respect to the following controlled substances, counterfeit substances, or simulated controlled substances, or imitation controlled substances is a class “C” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “d”, shall be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars:
   Sec. ___.  Section 124.401, subsection 1, paragraph c, subparagraph (3), Code 2015, is amended to read as follows:
   (3)  Ten Thirty-five grams or less of a mixture or substance described in subparagraph (2) which contains cocaine base.
   Sec. ___.  Section 124.401, subsection 1, paragraph c, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (8)  Five kilograms or less of a mixture or substance containing any detectable amount of those substances identified in section 124.204, subsection 9.
   Sec. ___.  Section 124.401, subsection 1, paragraph c, subparagraph (8), Code 2015, is amended to read as follows:
   (8)  (9)  Any other controlled substance, counterfeit substance, or simulated controlled substance, or imitation substance classified in schedule I, II, or III, except as provided in paragraph “d”.
   Sec. ___.  Section 124.401, subsection 1, paragraph d, Code 2015, is amended to read as follows:
   d.  Violation of this subsection, with respect to any other controlled substances, counterfeit substances, or simulated controlled substances classified in section 124.204, subsection 4, paragraph “ai”, or section 124.204, subsection 6, paragraph “i”, or, or imitation controlled substances classified in schedule IV or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class “D” felony.
   Sec. ___.  Section 124.401, subsection 2, Code 2015, is amended to read as follows:
   2.  If the same person commits two or more acts which are in violation of subsection 1 and the acts occur in approximately the same location or time period so that the acts can be attributed to a single scheme, plan, or conspiracy, the acts may be considered a single violation and the weight of the controlled substances, counterfeit substances, or simulated controlled substances, or imitation controlled substances involved may be combined for purposes of charging the offender.
   Sec. ___.  Section 124.401, subsection 5, Code 2015, is amended to read as follows:
   5.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter. Any Except as otherwise provided in this subsection, any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124A, 124B, or 453B, or chapter 124A as it existed prior to July 1, 2015, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124A, 124B, or 453B, or chapter 124A as it existed prior to July 1, 2015, is guilty of a class “D” felony.
   a.  (1)  If Except as provided in subparagraph (4), if the controlled substance is marijuana, the punishment shall be by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars, or by both such fine and imprisonment for a first offense.
   (2)  If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 903.1, subsection 1, paragraph “b”.
   (3)  If the controlled substance is marijuana and the person has been previously convicted two or more times of a violation of this subsection in which the controlled substance was marijuana, the person is guilty of an aggravated misdemeanor.
   (4)  If the controlled substance is five grams or less of marijuana and subparagraphs (2) and (3) do not apply, the person is guilty of a simple misdemeanor.
   (5)  A person may knowingly or intentionally recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with the provisions of chapter 124D. For purposes of this paragraph subparagraph, “cannabidiol” means the same as defined in section 124D.2.
   b.  All or any part of a sentence imposed pursuant to this subsection may be suspended and the person placed upon probation upon such terms and conditions as the court may impose including the active participation by such person in a drug treatment, rehabilitation or education program approved by the court.
   c.  If a person commits a violation of this subsection, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. If the person is not sentenced to confinement under the custody of the director of the department of corrections, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
   d.  If the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. The court may place the person on intensive probation. However, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
   Sec. ___.  Section 124.401A, Code 2015, is amended to read as follows:
   124.401A  Enhanced penalty for manufacture or distribution to persons on certain real property.

   In addition to any other penalties provided in this chapter, a person who is eighteen years of age or older who unlawfully manufactures with intent to distribute, distributes, or possesses with intent to distribute a substance or counterfeit substance listed in schedule I, II, or III, or a simulated controlled substance or an imitation controlled substance represented to be a controlled substance classified in schedule I, II, or III, to another person who is eighteen years of age or older in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, may be sentenced up to an additional term of confinement of five years.
   Sec. ___.  Section 124.401B, Code 2015, is amended to read as follows:
   124.401B  Possession of controlled substances on certain real property —— additional penalty.

   In addition to any other penalties provided in this chapter or another chapter, a person who unlawfully possesses a substance listed in schedule I, II, or III, or a simulated controlled substance or an imitation controlled substance represented to be a controlled substance classified in schedule I, II, or III, in or on, or within one thousand feet of the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, may be sentenced to one hundred hours of community service work for a public agency or a nonprofit charitable organization. The court shall provide the offender with a written statement of the terms and monitoring provisions of the community service.
   Sec. ___.  Section 124.406, subsection 2, Code 2015, is amended to read as follows:
   2.  A person who is eighteen years of age or older who:
   a.  Unlawfully distributes or possesses with the intent to distribute a counterfeit substance listed in schedule I or II, or a simulated controlled substance or an imitation controlled substance represented to be a substance classified in schedule I or II, to a person under eighteen years of age commits a class “B” felony. However, if the substance was distributed in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, the person shall serve a minimum term of confinement of ten years.
   b.  Unlawfully distributes or possesses with intent to distribute a counterfeit substance listed in schedule III, or a simulated controlled substance or an imitation controlled substance represented to be any substance listed in schedule III, to a person under eighteen years of age who is at least three years younger than the violator commits a class “C” felony.
   c.  Unlawfully distributes a counterfeit substance listed in schedule IV or V, or a simulated controlled substance or an imitation controlled substance represented to be a substance listed in schedule IV or V, to a person under eighteen years of age who is at least three years younger than the violator commits an aggravated misdemeanor.
   Sec. ___.  Section 124.415, Code 2015, is amended to read as follows:
   124.415  Parental and school notification —— persons under eighteen years of age.

   A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered to be in possession of a controlled substance, counterfeit substance, or simulated controlled substance, or imitation controlled substance in violation of this chapter, and if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is an employee shall make a reasonable attempt to notify the person’s custodial parent or legal guardian of such possession, whether or not the person is arrested, unless the officer has reasonable grounds to believe that such notification is not in the best interests of the person or will endanger that person. If the person is taken into custody, the peace officer shall notify a juvenile court officer who shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district, the superintendent’s designee, or the authorities in charge of the nonpublic school of the taking into custody. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.
   Sec. ___.  NEW SECTION.  124.417  Imitation controlled substances —— exceptions.

   It is not unlawful under this chapter for a person registered under section 124.302, to manufacture, deliver, or possess with the intent to manufacture or deliver, or to act with, one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research. 
   Sec. ___.  Section 124.502, subsection 1, paragraph a, Code 2015, is amended to read as follows:
   a.  A district judge or district associate judge, within the court’s jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections under this chapter or a related rule or under chapter 124A. The warrant may also permit seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the statute or related rules, sufficient to justify administrative inspection of the area, premises, building, or conveyance in the circumstances specified in the application for the warrant.
   Sec. ___.  Section 155A.6, subsection 3, Code 2015, is amended to read as follows:
   3.  The board shall establish standards for pharmacist-intern registration and may deny, suspend, or revoke a pharmacist-intern registration for failure to meet the standards or for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124A, 124B, 126, 147, or 205, or any rule of the board.
   Sec. ___.  Section 155A.6A, subsection 5, Code 2015, is amended to read as follows:
   5.  The board may deny, suspend, or revoke the registration of, or otherwise discipline, a registered pharmacy technician for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124A, 124B, 126, 147, 205, or 272C, or any rule of the board.
   Sec. ___.  Section 155A.6B, subsection 5, Code 2015, is amended to read as follows:
   5.  The board may deny, suspend, or revoke the registration of a pharmacy support person or otherwise discipline the pharmacy support person for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124A, 124B, 126, 147, 205, or 272C, or any rule of the board.
   Sec. ___.  Section 155A.13A, subsection 3, Code 2015, is amended to read as follows:
   3.  Discipline.  The board may deny, suspend, or revoke a nonresident pharmacy license for any violation of this section, section 155A.15, subsection 2, paragraph “a”, “b”, “d”, “e”, “f”, “g”, “h”, or “i”, chapter 124, 124A, 124B, 126, or 205, or a rule of the board.
   Sec. ___.  Section 155A.17, subsection 2, Code 2015, is amended to read as follows:
   2.  The board shall establish standards for drug wholesaler licensure and may define specific types of wholesaler licenses. The board may deny, suspend, or revoke a drug wholesale license for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States relating to prescription drugs, devices, or controlled substances, or for a violation of this chapter, chapter 124, 124A, 124B, 126, or 205, or a rule of the board.
   Sec. ___.  Section 155A.42, subsection 4, Code 2015, is amended to read as follows:
   4.  The board may deny, suspend, or revoke a limited drug and device distributor’s license for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States relating to prescription drugs or controlled substances, or for a violation of this chapter, chapter 124, 124A, 124B, 126, 205, or 272C, or a rule of the board.
   Sec. ___.  Section 901.10, subsection 1, Code 2015, is amended to read as follows:
   1.  A court sentencing a person for the person’s first conviction under section 124.406, 124.413, or 902.7 may, at its discretion, sentence the person to a term less than provided by the statute if mitigating circumstances exist and those circumstances are stated specifically in the record.
   Sec. ___.  Section 901.10, subsection 2, Code 2015, is amended to read as follows:
   2.  a.  Except as provided in paragraph “b”, a court sentencing a person where section 124.413 is applicable may, at its discretion, waive the mandatory minimum sentence in section 124.413, if the person is classified as a low or low to moderate risk to reoffend.
   b.  (1)  Notwithstanding subsection 1 paragraph “a”, if the sentence under a court sentencing a person where section 124.413 is applicable that involves an amphetamine or methamphetamine offense under section 124.401, subsection 1, paragraph “a” or “b”, the court shall not grant any reduction of sentence unless the defendant pleads guilty or the person is classified as a low or low to moderate risk to reoffend. If the defendant pleads guilty or the person is classified as a low or low to moderate risk to reoffend, the court may, at its discretion, reduce the mandatory minimum sentence by up to one-third. If the defendant additionally cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s mandatory minimum sentence, up to one-half of the remaining mandatory minimum sentence.
   (2)  Subparagraph (1) only applies to a person’s first conviction that involves an amphetamine or methamphetamine offense under section 124.401, subsection 1, paragraph “a” or “b”. Upon a second or subsequent conviction that involves such an offense under section 124.401, the person is not eligible for a reduction of sentence.
   Sec. ___.  REPEAL.  Chapter 124A, Code 2015, is repealed.>
   2.  Title page, line 2, by striking <enhancing the penalties for imitation> and inserting <modifying the penalties for>

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STEVEN J. SODDERS