House File 32 - Introduced



                                       HOUSE FILE       
                                       BY  SHOULTZ


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for regulation of substances which are
  2    precursors to amphetamine and methamphetamine and providing a
  3    penalty.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1119YH 81
  6 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  1 18 repealed.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 1119YH 81
  2 17 jm/sh/8