House File 272 - Introduced HOUSE FILE BY MASCHER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act regulating precursors to amphetamine and methamphetamine 2 and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2336HH 81 5 jm/sh/8 PAG LIN 1 1 Section 1. Section 124.212, subsection 4, Code 2005, is 1 2 amended by striking the subsection and inserting in lieu 1 3 thereof the following: 1 4 4. PRECURSORS TO AMPHETAMINE AND METHAMPHETAMINE. Unless 1 5 specifically excepted or listed in another schedule, any 1 6 material, compound, mixture, or preparation which contains any 1 7 quantity of the following precursors to amphetamine or 1 8 methamphetamine, including their salts, optical isomers, and 1 9 salts of their optical isomers: 1 10 a. Ephedrine. 1 11 b. Phenylpropanolamine. 1 12 c. Pseudoephedrine. 1 13 Sec. 2. Section 602.8105, subsection 4, Code 2005, is 1 14 amended by striking the subsection. 1 15 Sec. 3. Section 805.8C, subsection 6, Code 2005, is 1 16 amended by striking the subsection. 1 17 Sec. 4. Sections 126.23A and 714.7C, Code 2005, are 1 18 repealed. 1 19 EXPLANATION 1 20 This bill makes precursor substances to amphetamine and 1 21 methamphetamine schedule V controlled substances. 1 22 The bill makes any product containing ephedrine, 1 23 phenylpropanolamine, or pseudoephedrine, a schedule V 1 24 controlled substance. This provision would include any 1 25 dietary supplement containing naturally occurring ephedrine. 1 26 Iowa administrative code rule 657=10.31 establishes the 1 27 rules for dispensing a schedule V controlled substance. The 1 28 rule limits the amount and frequency of purchase, requires the 1 29 purchaser be at least 18 years of age, and requires 1 30 presentation of identification and a signature before 1 31 purchase. A schedule V controlled substance does not require 1 32 a prescription, but is not to be distributed other than for a 1 33 medical purpose. The distribution of a schedule V substance 1 34 is regulated by pharmacists, and schedule V substances must be 1 35 kept off public access shelves. 2 1 Any criminal offense related to a schedule V controlled 2 2 substance is punishable as an aggravated misdemeanor pursuant 2 3 to Code section 124.401(1)(d). 2 4 Code sections 126.23A, relating to restrictions on the sale 2 5 and purchase of pseudoephedrine products, and 714.7C, 2 6 providing an enhanced penalty for the theft of a 2 7 pseudoephedrine product, are repealed because all 2 8 pseudoephedrine products will no longer be sold over the 2 9 counter on a retail basis under the bill. 2 10 Current law does not regulate dietary supplements 2 11 containing naturally occurring ephedrine, some products 2 12 containing ephedrine, and all products containing 2 13 phenylpropanolamine. Current law does limit the sale and 2 14 purchase of some pseudoephedrine products to two packages per 2 15 transaction at a retail establishment. 2 16 LSB 2336HH 81 2 17 jm:nh/sh/8