House Study Bill 175
HOUSE FILE
BY (PROPOSED COMMITTEE ON
PUBLIC SAFETY BILL BY
CHAIRPERSON BAUDLER)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act regulating the precursor substances relating to
2 amphetamine and methamphetamine, and providing penalties and
3 effective dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2631HC 81
6 jm/pj/5
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 in paragraph "d" or listed in another
1 6 schedule, any material, compound, mixture, or preparation
1 7 which contains any quantity of the following precursors to
1 8 amphetamine or methamphetamine, including their salts, optical
1 9 isomers, and salts of their optical isomers:
1 10 a. Ephedrine.
1 11 b. Phenylpropanolamine.
1 12 c. Pseudoephedrine. A pharmacy shall not sell more than
1 13 four thousand milligrams of pseudoephedrine to a person within
1 14 a thirty=day period, unless the person has a prescription for
1 15 a pseudoephedrine product in excess of that quantity.
1 16 d. Any material, compound, mixture, or preparation which
1 17 contains two hundred forty milligrams or less of
1 18 pseudoephedrine, its salts, optical isomers, and salts of its
1 19 optical isomers, is excepted from this schedule and may be
1 20 sold over the counter pursuant to section 126.23A.
1 21 Sec. 2. NEW SECTION. 124.309 PEACE OFFICER ISSUANCE OF
1 22 SUBPOENA DUCES TECUM.
1 23 1. A certified peace officer, with the approval of the
1 24 officer's chief law enforcement officer or the chief law
1 25 enforcement officer's designee, may issue a subpoena duces
1 26 tecum requiring a pharmacy to produce any records relating to
1 27 schedule V pseudoephedrine products.
1 28 2. A subpoena duces tecum may only be issued pursuant to
1 29 this section if the records being subpoenaed are relevant to
1 30 an ongoing law enforcement investigation.
1 31 3. If any person subpoenaed refuses to produce the
1 32 records, the peace officer may apply to the district court
1 33 having jurisdiction over that person for the enforcement of
1 34 the subpoena. If the court finds that the subpoena should be
1 35 obeyed, the court shall enter an order requiring obedience to
2 1 the subpoena, and refusal to obey the court order is subject
2 2 to punishment for contempt.
2 3 Sec. 3. Section 126.23A, Code 2005, is amended by striking
2 4 the section and inserting in lieu thereof the following:
2 5 126.23A PSEUDOEPHEDRINE == RETAIL RESTRICTIONS.
2 6 1. As used in this section, "retailer" means a person or
2 7 business entity engaged in this state in the business of
2 8 selling products on a retail basis. An "employee of a
2 9 retailer" means any employee, contract employee, or agent of
2 10 the retailer.
2 11 2. A retailer shall sell and a purchaser shall only
2 12 purchase pseudoephedrine products in the following manner:
2 13 a. A retailer or an employee of a retailer shall not sell
2 14 to a person and a person shall not purchase in a twenty=four=
2 15 hour period more than one package of a product containing
2 16 pseudoephedrine.
2 17 b. A retailer or an employee of a retailer shall not sell
2 18 a package containing pseudoephedrine if the package contains
2 19 more than two hundred forty milligrams of pseudoephedrine,
2 20 unless the retailer is a pharmacy and the product is regulated
2 21 and sold as a schedule V controlled substance under section
2 22 124.212.
2 23 c. A retailer who offers for sale a product containing
2 24 pseudoephedrine shall offer such product for sale in a locked
2 25 cabinet or behind a sales counter where the public is unable
2 26 to reach the product and where the public is not permitted.
2 27 d. A retailer or an employee of a retailer shall require a
2 28 purchaser to present a government=issued photo identification
2 29 card identifying the purchaser prior to purchasing a product
2 30 containing pseudoephedrine. A purchaser shall also sign a
2 31 logbook prior to purchase and input the purchaser's name and
2 32 address into the logbook. Any certified peace officer,
2 33 pursuant to a policy adopted by the department of public
2 34 safety, shall have access to the logbook.
2 35 e. A retailer shall provide notification in a clear and
3 1 conspicuous manner in a location where a product containing
3 2 pseudoephedrine is offered for sale stating the following:
3 3 Iowa law prohibits the purchase of more than one package
3 4 containing pseudoephedrine in a twenty=four=hour period unless
3 5 the purchase is made through a pharmacist. If you purchase a
3 6 product containing pseudoephedrine, you are required to sign a
3 7 logbook which shall be accessible to law enforcement officers.
3 8 f. A retailer shall not sell more than four thousand
3 9 milligrams of pseudoephedrine to a person within a thirty=day
3 10 period.
3 11 g. A retailer shall, upon request by a certified peace
3 12 officer, make accessible to the officer the following records
3 13 recorded during the past twelve months:
3 14 (1) The number of pseudoephedrine products purchased from
3 15 a wholesaler or distributor.
3 16 (2) The number of pseudoephedrine products stolen from the
3 17 retailer.
3 18 (3) The number of pseudoephedrine products sold by the
3 19 retailer.
3 20 (4) The number of pseudoephedrine products damaged and
3 21 disposed of through other means than a sale to a customer.
3 22 3. Enforcement of this section shall be implemented
3 23 uniformly throughout the state. A political subdivision of
3 24 the state shall not adopt an ordinance regulating the display
3 25 or sale of products containing pseudoephedrine. An ordinance
3 26 adopted in violation of this section is void and unenforceable
3 27 and any enforcement activity of an ordinance in violation of
3 28 this section is void.
3 29 4. A pharmacy that sells a product that contains two
3 30 hundred forty milligrams or less of pseudoephedrine shall
3 31 comply with the provisions of this section with respect to the
3 32 sale of such product.
3 33 5. If a retailer or an employee of a retailer violates any
3 34 provision of this section, the state, or a city or county, may
3 35 assess a civil penalty against the retailer upon hearing and
4 1 notice as provided in section 126.23B.
4 2 6. An employee of a retailer or a purchaser who commits a
4 3 violation of subsection 2 commits a simple misdemeanor
4 4 punishable by a scheduled fine under section 805.8C,
4 5 subsection 6.
4 6 Sec. 4. NEW SECTION. 126.23B CIVIL PENALTY.
4 7 1. The state, a city, or a county may enforce section
4 8 126.23A, after giving the retailer an opportunity to be heard
4 9 upon ten days' written notice stating the alleged violation
4 10 and the time and place at which the retailer may appear and be
4 11 heard.
4 12 2. For a violation of section 126.23A by the retailer or
4 13 an employee of the retailer a civil penalty shall be assessed
4 14 against the retailer as follows:
4 15 a. For a first violation, the retailer shall be assessed a
4 16 civil penalty in the amount of three hundred dollars.
4 17 b. For a second violation within a period of two years,
4 18 the retailer shall be assessed a civil penalty in the amount
4 19 of one thousand five hundred dollars.
4 20 c. For a third violation within a period of three years,
4 21 the retailer shall be assessed a civil penalty in the amount
4 22 of two thousand dollars. The retailer may also be prohibited
4 23 from selling pseudoephedrine for up to three years from the
4 24 date of assessment of the civil penalty.
4 25 d. For a fourth or subsequent violation within a period of
4 26 three years, the retailer shall be assessed a civil penalty in
4 27 the amount of three thousand dollars. On a fourth or
4 28 subsequent violation, the retailer shall be prohibited from
4 29 selling pseudoephedrine products for three years from the date
4 30 of the assessment of the civil penalty.
4 31 3. The state or local authority that takes legal action
4 32 against a retailer under this section shall report the
4 33 assessment of a civil penalty to the department of public
4 34 safety within thirty days of the penalty being assessed.
4 35 4. The civil penalty shall be collected by the clerk of
5 1 the district court and shall be distributed as provided in
5 2 section 602.8105, subsection 4.
5 3 Sec. 5. Section 602.8105, subsection 4, Code 2005, is
5 4 amended to read as follows:
5 5 4. The clerk of the district court shall collect a civil
5 6 penalty assessed against a retailer pursuant to section
5 7 126.23A. Any moneys collected from the civil penalty shall be
5 8 distributed to the state, or a political subdivision of the
5 9 state as provided in to the city or county that brought the
5 10 enforcement action for a violation of section 126.23A,
5 11 subsection 7.
5 12 Sec. 6. Section 714.7C, Code 2005, is amended to read as
5 13 follows:
5 14 714.7C THEFT OF PSEUDOEPHEDRINE == ENHANCEMENT.
5 15 Notwithstanding section 714.2, subsection 5, a person who
5 16 commits a simple misdemeanor theft of more than two packages
5 17 one package of a product containing any of the following
5 18 pseudoephedrine commits a serious misdemeanor:.
5 19 1. Pseudoephedrine as the product's sole active
5 20 ingredient.
5 21 2. Pseudoephedrine in combination with other active
5 22 ingredients.
5 23 A simple misdemeanor theft of more than two packages
5 24 containing pseudoephedrine as the products' sole active
5 25 ingredient which are in liquid form does not constitute a
5 26 serious misdemeanor under this section.
5 27 Sec. 7. Section 805.8C, subsection 6, Code 2005, is
5 28 amended by striking the subsection and inserting in lieu
5 29 thereof the following:
5 30 6. PSEUDOEPHEDRINE SALES VIOLATIONS. For violations of
5 31 section 126.23A, subsection 2, by an employee of a retailer or
5 32 a purchaser, the scheduled fine is as follows:
5 33 a. If the violation is a first offense, the scheduled fine
5 34 is one hundred dollars.
5 35 b. If the violation is a second offense, the scheduled
6 1 fine is two hundred fifty dollars.
6 2 c. If the violation is a third or subsequent offense, the
6 3 scheduled fine is five hundred dollars.
6 4 Sec. 8. Section 811.2, subsection 1, paragraph e,
6 5 unnumbered paragraph 2, Code 2005, is amended to read as
6 6 follows:
6 7 Any bailable defendant who is charged with unlawful
6 8 possession, manufacture, delivery, or distribution of a
6 9 controlled substance or other drug under chapter 124 and is
6 10 ordered released shall be required, as a condition of that
6 11 release, to submit to a substance abuse evaluation and follow
6 12 any recommendations proposed in the evaluation for appropriate
6 13 substance abuse treatment. However, if a bailable defendant
6 14 is charged with manufacture, delivery, possession with the
6 15 intent to deliver, or distribution of methamphetamine, its
6 16 salts, optical isomers, and salts of its optical isomers, the
6 17 defendant shall, in addition to a substance abuse evaluation,
6 18 remain under supervision and be required to undergo random
6 19 drug tests as a condition of release.
6 20 Sec. 9. EFFECTIVE DATES. This Act takes effect sixty days
6 21 from the date of enactment or July 1, 2005, whichever is
6 22 earlier. However, the section of this Act amending section
6 23 811.2 and the portion of the section of this Act amending
6 24 section 124.212, subsection 4, which makes all ephedrine
6 25 products schedule V controlled substances take effect upon
6 26 enactment.
6 27 EXPLANATION
6 28 This bill makes most precursor substances to amphetamine
6 29 and methamphetamine schedule V controlled substances.
6 30 The bill makes all products containing ephedrine and
6 31 phenylpropanolamine, and most pseudoephedrine products, a
6 32 schedule V controlled substance.
6 33 The bill limits a retailer to selling pseudoephedrine
6 34 products which contain 240 milligrams or less of
6 35 pseudoephedrine, unless the retailer is a pharmacy and the
7 1 product is sold as a schedule V controlled substance.
7 2 RETAILER. Under the bill, a retailer shall not sell and a
7 3 person shall not purchase in a 24=hour period more than one
7 4 package of a product containing pseudoephedrine. The bill
7 5 requires a purchaser to present a government=issued photo
7 6 identification, sign a logbook, and input the purchaser's name
7 7 and address into the logbook prior to purchase. A certified
7 8 peace officer shall have access to the logbook under the bill.
7 9 If a retailer sells a pseudoephedrine product, the bill
7 10 requires the product to be displayed in a locked cabinet or
7 11 behind a sales counter where the public is unable to reach the
7 12 product and where the public is not permitted.
7 13 Under the bill a retailer shall not sell more than 4,000
7 14 milligrams of pseudoephedrine to a person within a 30=day
7 15 period.
7 16 The bill requires that a retailer shall also provide
7 17 notification in a clear manner that Iowa law prohibits the
7 18 purchase of more than one package containing pseudoephedrine
7 19 unless the purchase is made through a pharmacist.
7 20 The bill prohibits a political subdivision of the state
7 21 from adopting an ordinance regulating the display or sale of
7 22 products containing pseudoephedrine.
7 23 PHARMACY. The bill provides that a pharmacy that sells a
7 24 product containing 240 milligrams or less of pseudoephedrine
7 25 shall comply with the provisions of the bill with respect to
7 26 the sale of such products.
7 27 For all other products that contain more than 240
7 28 milligrams of pseudoephedrine, the bill requires the product
7 29 to be considered a schedule V controlled substance and to be
7 30 distributed through a pharmacy. Iowa administrative code rule
7 31 657=10.31 establishes the rules for dispensing a schedule V
7 32 controlled substance in a pharmacy. The rule requires the
7 33 distribution be regulated by pharmacists, and be distributed
7 34 only for a medical purpose. A schedule V controlled substance
7 35 does not require a prescription, but must be kept off public
8 1 access shelves. The rule also limits the amount and frequency
8 2 of purchase and requires presentation of an identification and
8 3 a signature before purchase. The rule prohibits a person
8 4 under the age of 18 from purchasing a schedule V product.
8 5 Under the bill a pharmacy shall also not sell more than
8 6 4,000 milligrams of schedule V pseudoephedrine to a person
8 7 within a 30=day period, without a prescription for an excess
8 8 amount.
8 9 CRIMINAL OFFENSE. An employee of a retailer or a purchaser
8 10 who commits a violation of Code section 126.23A, subsection 2,
8 11 in the bill commits a simple misdemeanor punishable by a
8 12 scheduled fine. For a first offense the scheduled fine is
8 13 $100, for a second offense the scheduled fine is $250, and for
8 14 a third or subsequent offense the scheduled fine is $500. The
8 15 bill also increases the theft of any pseudoephedrine product
8 16 from a simple misdemeanor to a serious misdemeanor, if the
8 17 value of the theft is $200 or less.
8 18 CIVIL PENALTY. Upon a hearing, if a retailer or an
8 19 employee of a retailer violates the bill, the state, city, or
8 20 county enforcing the provisions of the bill shall assess a
8 21 civil penalty against the retailer in the amount of $300 for a
8 22 first violation. For a second violation within two years, the
8 23 civil penalty shall be $1,500. For a third violation within a
8 24 period of three years, the retailer shall be assessed a civil
8 25 penalty in the amount of $2,000, and may be prohibited from
8 26 selling pseudoephedrine for a period of up to three years.
8 27 For a fourth or subsequent violation within a period of three
8 28 years, the retailer shall be assessed a fine of $3,000, and
8 29 the retailer shall be prohibited from selling pseudoephedrine
8 30 products for a period of three years.
8 31 BAIL RESTRICTIONS. The bill requires that a person charged
8 32 with the manufacture, delivery, or possession with intent to
8 33 deliver, or distribution of methamphetamine, be supervised and
8 34 be required to undergo random drug tests as a condition of
8 35 release on bail.
9 1 ADMINISTRATIVE SUBPOENA == INSPECTION. The bill permits a
9 2 certified peace officer with the approval of the officer's
9 3 chief law enforcement officer to issue a subpoena duces tecum
9 4 requiring a pharmacy to produce any records relating to
9 5 schedule V pseudoephedrine products. The bill also permits a
9 6 certified peace officer to review the records of a retailer
9 7 that sells pseudoephedrine without the issuance of a subpoena.
9 8 EFFECTIVE DATES. The bill takes effect 60 days from the
9 9 date of enactment or July 1, 2005, whichever is sooner.
9 10 However, the section of the bill amending Code section 811.2
9 11 on bail and the portion of the bill making all ephedrine
9 12 products schedule V controlled substances take effect upon
9 13 enactment.
9 14 LSB 2631HC 81
9 15 jm:rj/pj/5