House File 2398 - Introduced HOUSE FILE 2398 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 609) A BILL FOR An Act classifying certain substances as schedule I controlled 1 substances, making penalties applicable, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5298HV (2) 84 jm/rj

H.F. 2398 Section 1. Section 124.201, subsection 4, Code 2011, is 1 amended to read as follows: 2 4. If any new substance is designated as a controlled 3 substance under federal law and notice of the designation is 4 given to the board, the board shall similarly designate as 5 controlled the new substance under this chapter after the 6 expiration of thirty days from publication in the Federal 7 Register of a final order designating a new substance as a 8 controlled substance, unless within that thirty-day period 9 the board objects to the new designation. In that case the 10 board shall publish the reasons for objection and afford 11 all interested parties an opportunity to be heard. At 12 the conclusion of the hearing the board shall announce its 13 decision. Upon publication of objection to a new substance 14 being designated as a controlled substance under this chapter 15 by the board, control under this chapter is stayed until the 16 board publishes its decision. If a substance is designated 17 as controlled by the board under this paragraph subsection 18 the control shall be temporary and if within sixty days after 19 the next regular session of the general assembly convenes it 20 has not made the corresponding changes in this chapter , the 21 temporary designation of control of the substance by the board 22 shall be nullified. 23 Sec. 2. Section 124.204, subsection 4, paragraph ai, Code 24 Supplement 2011, is amended by striking the paragraph and 25 inserting in lieu thereof the following: 26 ai. (1) Salvia divinorum. 27 (2) Salvinorin A. 28 (3) HU-210. [(6aR,10aR)-9-(hydroxymethyl)-6,6- 29 dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c] 30 chromen-1-ol)]. 31 (4) HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6- 32 dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 33 chromen-1-ol). 34 (5) Unless specifically exempted or unless listed in 35 -1- LSB 5298HV (2) 84 jm/rj 1/ 6

H.F. 2398 another schedule, any material, compound, mixture, or 1 preparation which contains any quantity of cannabimimetic 2 agents, or which contains their salts, isomers, and salts of 3 isomers whenever the existence of such salts, isomers, and 4 salts of isomers is possible within the specific chemical 5 designation. 6 (a) The term “cannabimimetic agents” means any substance 7 that is a cannabinoid receptor type 1 (CB1 receptor) agonist as 8 demonstrated by binding studies and functional assays within 9 any of the following structural classes: 10 (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 11 5-position of the phenolic ring by alkyl or alkenyl, whether or 12 not substituted on the cyclohexyl ring to any extent. 13 (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole 14 by substitution at the nitrogen atom of the indole ring, 15 whether or not further substituted on the indole ring to any 16 extent, whether or not substituted on the naphthoyl or naphthyl 17 ring to any extent. 18 (iii) 3-(1-naphthoyl)pyrrole by substitution at the 19 nitrogen atom of the pyrrole ring, whether or not further 20 substituted in the pyrrole ring to any extent, whether or not 21 substituted on the naphthoyl ring to any extent. 22 (iv) 1-(1-naphthylmethylene)indene by substitution of 23 the 3-position of the indene ring, whether or not further 24 substituted in the indene ring to any extent, whether or not 25 substituted on the naphthyl ring to any extent. 26 (v) 3-phenylacetylindole or 3-benzoylindole by substitution 27 at the nitrogen atom of the indole ring, whether or not further 28 substituted in the indole ring to any extent, whether or not 29 substituted on the phenyl ring to any extent. 30 (b) Such terms include: 31 (i) CP 47, 497 and homologues 2-[(1R, 3S)-3- 32 hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol). 33 (ii) JWH-018 and AM678 1-Pentyl-3-(1-naphthoyl)indole. 34 (iii) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 35 -2- LSB 5298HV (2) 84 jm/rj 2/ 6

H.F. 2398 (iv) JWH-200 [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1- 1 naphthalenyl-methanone. 2 (v) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 3 (vi) JWH-81 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 4 (vii) JWH-122 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 5 (viii) JWH-250 1-pentyl-3-(2-methoxynaphthoyl)indole. 6 (ix) RCS-4 and SR-19 1-pentyl-3-[(4methoxy)-benzoyl]indole. 7 (x) RCS-8 and SR-18 1-cyclohexylethyl-3- 8 (-2-methoxyphenylacety)indole. 9 (xi) AM2201 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 10 (xii) JWH-203 1-pentyl-3-(2-chlorophenylacetyl)indole. 11 (xiii) JWH-398 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 12 (xiv) AM694 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 13 (xv) Cannabicyclohexanol or CP–47,497 C8-homolog 14 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 15 Sec. 3. Section 124.204, subsection 6, Code Supplement 16 2011, is amended by adding the following new paragraph: 17 NEW PARAGRAPH . i. Any substance, compound, mixture or 18 preparation which contains any quantity of any synthetic 19 cathinone that is not approved as a pharmaceutical, including 20 but not limited to the following: 21 (1) Mephedrone, also known as 4-methylmethcathinone,(RS)-2- 22 methylamino-l-(4-methylphenyl) propan-1-one. 23 (2) Methylene-dioxypyrovalerone(MDPV)[(1-(1,3- 24 Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone]. 25 (3) Methylone, also known as 26 3,4-methylenedioxymethcathinone. 27 (4) Naphthylpyrovalerone (naphyrone). 28 (5) 4-fluoromethcathinone(flephedrone) or a positional 29 isomer of 4-fluoromethcathinone. 30 (6) 4-methoxymethcathinone (methedrone;Bk-PMMA). 31 (7) Ethcathinone. 32 (8) 3,4-methylenedioxyethcathinone(ethylone). 33 (9) Beta-keto-N-methyl-3,4-benzodioxyolybutanamine 34 (butylone). 35 -3- LSB 5298HV (2) 84 jm/rj 3/ 6

H.F. 2398 (10) N,N-dimethylcathinone(metamfepramone). 1 (11) Alpha-pyrrolidinopropiophenone (alpha-PPP). 2 (12) 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP). 3 (13) 3,4-methylenedioxy-alpha-pyrrolidinopropiophenone 4 (MDPPP). 5 (14) Alpha-pyrrolidinovalerophenone (alpha-PVP). 6 (15) 6,7-dihydro-5H-indeno(5,6-d)-1,3-dioxal-6 6-amine) 7 (MDAI). 8 (16) 3-fluoromethcathinone. 9 (17) 4’-Methyl- a -pyrrolidinobutiophenone (MPBP). 10 (18) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C–E). 11 (19) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C–D). 12 (20) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C–C). 13 (21) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C–I). 14 (22) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine 15 (2C–T–2). 16 (23) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine 17 (2C–T–4). 18 (24) 2-(2,5-Dimethoxyphenyl)ethanamine (2C–H). 19 (25) 2-(2,5-Dimethoxy-4-nitrophenyl)ethanamine (2C–N). 20 (26) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C–P). 21 Sec. 4. Section 124.401, subsection 1, paragraph d, Code 22 Supplement 2011, is amended to read as follows: 23 d. Violation of this subsection , with respect to any other 24 controlled substances, counterfeit substances, or simulated 25 controlled substances classified in section 124.204, subsection 26 4, paragraph “ai” , section 124.204, subsection 6, paragraph “i” , 27 or classified in schedule IV or V is an aggravated misdemeanor. 28 However, violation of this subsection involving fifty kilograms 29 or less of marijuana or involving flunitrazepam is a class “D” 30 felony. 31 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 32 immediate importance, takes effect upon enactment. 33 EXPLANATION 34 This bill classifies certain substances as schedule I 35 -4- LSB 5298HV (2) 84 jm/rj 4/ 6

H.F. 2398 controlled substances, and makes penalties applicable. 1 The bill adds numerous synthetic cannabinoids, also known as 2 “K2”, to the list of schedule I controlled substances in Code 3 section 124.204(4)(ai). 4 The bill adds numerous substances containing any quantity of 5 any synthetic cathinone that are not approved pharmaceuticals 6 to the list of schedule I controlled substances in Code section 7 124.204(6). 8 A schedule I controlled substance is considered to have a 9 high potential for abuse and no medical purpose in treatment in 10 the United States. 11 Under the bill, it is an aggravated misdemeanor pursuant 12 to Code section 124.401(1)(d) for any unauthorized person to 13 manufacture, deliver, or possess with the intent to manufacture 14 or deliver a synthetic cannabinoid classified as a schedule I 15 controlled substance in Code section 124.204(4)(ai) including 16 its counterfeit or simulated form, or to act with, enter into 17 a common scheme or design with, or conspire with one or more 18 persons to manufacture, deliver, or possess with the intent to 19 manufacture or deliver such a schedule I controlled substance. 20 It is also an aggravated misdemeanor pursuant to Code 21 section 124.401(1)(d) under the bill for any unauthorized 22 person to manufacture, deliver, or possess with the intent to 23 manufacture or deliver a synthetic cathinone classified as a 24 schedule I controlled substance in Code section 124.204(6)(i) 25 including its counterfeit or simulated form, or to act with, 26 enter into a common scheme or design with, or conspire with one 27 or more persons to manufacture, deliver, or possess with the 28 intent to manufacture or deliver such a schedule I controlled 29 substance. 30 It is also a serious misdemeanor for a first offense 31 violation of Code section 124.401(5) for any unauthorized 32 person to possess a controlled substance classified as a 33 schedule I controlled substance. 34 An aggravated misdemeanor is punishable by confinement for 35 -5- LSB 5298HV (2) 84 jm/rj 5/ 6

H.F. 2398 no more than two years and a fine of at least $625 but not 1 more than $6,250. A serious misdemeanor is punishable by 2 confinement for no more than one year and a fine of at least 3 $315 but not more than $1,875. 4 The bill takes effect upon enactment. 5 -6- LSB 5298HV (2) 84 jm/rj 6/ 6