Senate Study Bill 3054 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED BOARD OF
                                            PHARMACY BILL)


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

                                      A BILL FOR

  1 An Act relating to controlled substance schedules and the
  2    reporting requirements to the board of pharmacy and making
  3    penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5349DP 82
  6 jm/nh/14

PAG LIN



  1  1    Section 1.  Section 124.206, subsection 2, paragraph a,
  1  2 Code Supplement 2007, is amended by adding the following new
  1  3 subparagraph:
  1  4    NEW SUBPARAGRAPH.  (18)  Oripavine.
  1  5    Sec. 2.  Section 124.206, subsection 4, Code Supplement
  1  6 2007, is amended by adding the following new paragraph:
  1  7    NEW PARAGRAPH.  e.  Lisdexamfetamine, its salts, isomers,
  1  8 and salts of its isomers.
  1  9    Sec. 3.  Section 124.208, subsection 3, Code Supplement
  1 10 2007, is amended by adding the following new paragraph:
  1 11    NEW PARAGRAPH.  n.  Embutramide.
  1 12    Sec. 4.  Section 124.208, subsection 9, Code Supplement
  1 13 2007, is amended to read as follows:
  1 14    9.  HALLUCINOGENIC SUBSTANCES.
  1 15    a.  Dronabinol (synthetic) in sesame oil and encapsulated
  1 16 in a soft gelatin capsule in a drug product approved for
  1 17 marketing by the United States food and drug administration
  1 18 approved product.
  1 19    b.  Any drug product in tablet or capsule form containing
  1 20 natural dronabinol (derived from the cannabis plant) or
  1 21 synthetic dronabinol (produced from synthetic materials) for
  1 22 which an abbreviated new drug application (ANDA) has been
  1 23 approved by the United States food and drug administration
  1 24 under section 505(j) of the Federal Food, Drug, and Cosmetic
  1 25 Act and which references as its listed drug the drug product
  1 26 identified in paragraph "a".
  1 27    c.  Some other names for dronabinol:  (6aR=trans)=6a, 7, 8,
  1 28 10a=tetrahydro=6, 6, 9=trimethyl=3=pentyl=6H=dibenzo [b,d]
  1 29 pyran=1=ol, or (=)=delta=9=(trans)=tetrahydrocannabinol.
  1 30    Sec. 5.  Section 124B.2, subsection 1, paragraphs j and l,
  1 31 Code 2007, are amended by striking the paragraphs.
  1 32                           EXPLANATION
  1 33    This bill relates to controlled substance schedules and the
  1 34 requirements for reporting to the board of pharmacy.
  1 35    The bill adds the substance "oripavine" to the list of
  2  1 schedule II controlled substances.
  2  2    The bill also adds the substance "lisdexamfetamine", its
  2  3 salts, isomers, and salts of its isomers to the list of
  2  4 stimulants classified as schedule II controlled substances.
  2  5    A schedule II controlled substance is a substance
  2  6 appropriate for medical use but has a high potential for
  2  7 abuse.
  2  8    The bill adds the substance "embutramide" to the list of
  2  9 depressants classified as schedule III controlled substances.
  2 10    The bill makes any drug product in a tablet or capsule form
  2 11 containing natural or synthetic "dronabinol" (derived from the
  2 12 cannabis plant) a schedule III controlled substance.  Current
  2 13 law makes any product in capsule form containing synthetic
  2 14 dronabinol approved by the F.D.A. a schedule III controlled
  2 15 substance.
  2 16    A schedule III controlled substance is a substance
  2 17 appropriate for medical use but has a lower potential for
  2 18 abuse than substances classified as schedule II controlled
  2 19 substances.
  2 20    The bill also strikes references to pseudoephedrine and
  2 21 phenylpropanolamine as precursor substances which require
  2 22 reporting to the board of pharmacy under Code chapter 124B.
  2 23 Under the bill and in current law, pseudoephedrine and
  2 24 phenylpropanolamine are regulated as schedule V controlled
  2 25 substances pursuant to Code section 124.212.
  2 26    The scheduling amendments in the bill conform with
  2 27 scheduling actions of the federal Drug Enforcement Agency
  2 28 (DEA).
  2 29    The bill makes it a class "C" felony pursuant to Code
  2 30 section 124.401, subsection 1, paragraph "c", subparagraph
  2 31 (8), for any unauthorized person to manufacture, deliver, or
  2 32 possess with the intent to manufacture or deliver, oripavine,
  2 33 lisdexamfetamine, or embutramide, including its counterfeit or
  2 34 simulated form, or to act with, enter into a common scheme or
  2 35 design with, or conspire with one or more persons to
  3  1 manufacture, deliver, or possess with the intent to
  3  2 manufacture or deliver oripavine, lisdexamfetamine, or
  3  3 embutramide.
  3  4    The bill also makes it a serious misdemeanor pursuant to
  3  5 Code section 124.401, subsection 5, for any unauthorized
  3  6 person to possess oripavine, lisdexamfetamine, or embutramide.
  3  7    A class "C" felony is punishable by confinement for no more
  3  8 than 10 years and a fine of at least $1,000 but not more than
  3  9 $50,000 pursuant to Code section 124.401(1)(c).  A serious
  3 10 misdemeanor is punishable by confinement for no more than one
  3 11 year and a fine of at least $315 but not more than $1,875.
  3 12 LSB 5349DP 82
  3 13 jm/nh/14.1