HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON BAUDLER)

A BILL FOR

An Act adding hallucinogenic substances to the list of schedule I controlled substances, providing penalties, and including an effective date provision.
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.
   NEW PARAGRAPH.  ak.  Any substance, compound, mixture or preparation which contains any quantity of any synthetic cannabinoid that is not approved as a pharmaceutical, including but not limited to the following:
   (1)  CP 47, 497 and homologues 2-[(IR, 3S)-3-

hydroxycyclohexy]-5-(2-methyloctan-2-yl)phenol).
   (2)  HU-210[(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-

(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]

chromen-1-ol)].
   (3)  HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-

dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]

chromen-1-ol).
   (4)  JWH-018 1-Pentyl-3-(1-naphthoy)indole.
   (5)  JWH-073 1-Butyl-3-(1-naphthoy)indole.
   Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
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.
   The bill adds certain synthetic cannabinoids, also known as “K2”, to the list of schedule I controlled substances in addition to the tetrahydrocannabinols and synthetic equivalents listed in schedule I under Code section 124.204(4)(u).
   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, salvinorin A, or a synthic cannabinoid, 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, salvinorin A, or a synthetic cannabinoid.
   The bill also makes it a serious misdemeanor pursuant to Code section 124.401, subsection 5, for any unauthorized person to possess salvia divinorum, salvinorin A, or a synthetic cannabinoid.
   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.
   The bill takes effect upon enactment.