HOUSE FILE 34

BY  M. SMITH

A BILL FOR

An Act adding hallucinogenic substances to the list of schedule I controlled substances, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 124.204, subsection 4, Code 2011, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  ai.  Salvia divinorum.
   NEW PARAGRAPH.  aj.  Salvinorin A.
EXPLANATION
   This bill adds hallucinogenic substances to the list of schedule I controlled substances.
   The bill adds “salvia divinorum” and “salvinorin A”, also known as “divinorin A”, to the list of schedule I controlled substances.
   A schedule I controlled substance is considered to have a high potential for abuse and no medical purpose in treatment in the United States.
   The bill makes it a class “C” felony pursuant to Code section 124.401, subsection 1, paragraph c, subparagraph (8), for any unauthorized person to manufacture, deliver, or possess with the intent to manufacture or deliver, salvia divinorum or salvinorin A, including its counterfeit or a simulated form, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver salvia divinorum or salvinorin A.
   The bill also makes it a serious misdemeanor pursuant to Code section 124.401, subsection 5, for any unauthorized person to possess salvia divinorum or salvinorin A.
   A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.