House Study Bill 609 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR’S OFFICE OF DRUG CONTROL POLICY BILL) A BILL FOR An Act granting authority to temporarily designate a substance 1 a controlled substance and classifying certain substances 2 as schedule I controlled substances, making penalties 3 applicable, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5298DP (9) 84 jm/rj

S.F. _____ H.F. _____ 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 any new substance has not 17 been designated a controlled substance under federal law and 18 the board finds that the substance poses an imminent hazard 19 to public safety, the board may designate the substance 20 a controlled substance. If a substance is designated as 21 controlled by the board under this paragraph subsection the 22 control shall be temporary and if within sixty days after 23 the next regular session of the general assembly convenes it 24 has not made the corresponding changes in this chapter , the 25 temporary designation of control of the substance by the board 26 shall be nullified. 27 Sec. 2. Section 124.204, subsection 4, paragraph ai, Code 28 Supplement 2011, is amended by striking the paragraph and 29 inserting in lieu thereof the following: 30 ai. (1) Salvia divinorum. 31 (2) Salvinorin A. 32 (3) HU-210. [(6aR,10aR)-9-(hydroxymethyl)-6,6- 33 dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c] 34 chromen-1-ol)]. 35 -1- LSB 5298DP (9) 84 jm/rj 1/ 6

S.F. _____ H.F. _____ (4) HU-211(dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6- 1 dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 2 chromen-1-ol). 3 (5) Unless specifically exempted or unless listed in 4 another schedule, any material, compound, mixture, or 5 preparation which contains any quantity of cannabimimetic 6 agents, or which contains their salts, isomers, and salts of 7 isomers whenever the existence of such salts, isomers, and 8 salts of isomers is possible within the specific chemical 9 designation. 10 (a) The term “cannabimimetic agents” means any substance 11 that is a cannabinoid receptor type 1 (CB1 receptor) agonist as 12 demonstrated by binding studies and functional assays within 13 any of the following structural classes: 14 (i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 15 5-position of the phenolic ring by alkyl or alkenyl, whether or 16 not substituted on the cyclohexyl ring to any extent. 17 (ii) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole 18 by substitution at the nitrogen atom of the indole ring, 19 whether or not further substituted on the indole ring to any 20 extent, whether or not substituted on the naphthoyl or naphthyl 21 ring to any extent. 22 (iii) 3-(1-naphthoyl)pyrrole by substitution at the 23 nitrogen atom of the pyrrole ring, whether or not further 24 substituted in the pyrrole ring to any extent, whether or not 25 substituted on the naphthoyl ring to any extent. 26 (iv) 1-(1-naphthylmethylene)indene by substitution of 27 the 3-position of the indene ring, whether or not further 28 substituted in the indene ring to any extent, whether or not 29 substituted on the naphthyl ring to any extent. 30 (v) 3-phenylacetylindole or 3-benzoylindole by substitution 31 at the nitrogen atom of the indole ring, whether or not further 32 substituted in the indole ring to any extent, whether or not 33 substituted on the phenyl ring to any extent. 34 (b) Such terms include: 35 -2- LSB 5298DP (9) 84 jm/rj 2/ 6

S.F. _____ H.F. _____ (i) CP 47, 497 and homologues 2-[(1R, 3S)-3- 1 hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol). 2 (ii) JWH-018 and AM678 1-Pentyl-3-(1-naphthoyl)indole. 3 (iii) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 4 (iv) JWH-200 [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1- 5 naphthalenyl-methanone. 6 (v) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 7 (vi) JWH-81 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 8 (vii) JWH-122 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 9 (viii) JWH-250 1-pentyl-3-(2-methoxynaphthoyl)indole. 10 (ix) RCS-4 and SR-19 1-pentyl-3-[(4methoxy)-benzoyl]indole. 11 (x) RCS-8 and SR-18 1-cyclohexylethyl-3- 12 (-2-methoxyphenylacety)indole. 13 (xi) AM2201 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 14 (xii) JWH-203 1-pentyl-3-(2-chlorophenylacetyl)indole. 15 (xiii) JWH-398 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 16 (xiv) AM694 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 17 (xv) Cannabicyclohexanol or CP–47,497 C8-homolog 18 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 19 Sec. 3. Section 124.204, subsection 6, Code Supplement 20 2011, is amended by adding the following new paragraph: 21 NEW PARAGRAPH . i. Any substance, compound, mixture or 22 preparation which contains any quantity of any synthetic 23 cathinone that is not approved as a pharmaceutical, including 24 but not limited to the following: 25 (1) Mephedrone, also known as 4-methylmethcathinone,(RS)-2- 26 methylamino-l-(4-methylphenyl) propan-1-one. 27 (2) Methylene-dioxypyrovalerone(MDPV)[(1-(1,3- 28 Benzodioxol-5-yl)-2-(1-pyrrolidinyl)-1-pentanone]. 29 (3) Methylone, also known as 30 3,4-methylenedioxymethcathinone. 31 (4) Naphthylpyrovalerone (naphyrone). 32 (5) 4-fluoromethcathinone(flephedrone) or a positional 33 isomer of 4-fluoromethcathinone. 34 (6) 4-methoxymethcathinone (methedrone;Bk-PMMA). 35 -3- LSB 5298DP (9) 84 jm/rj 3/ 6

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

S.F. _____ H.F. _____ Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 EXPLANATION 3 This bill grants authority to temporarily designate a 4 substance a controlled substance and classifies certain 5 substances as schedule I controlled substances, and makes 6 penalties applicable. 7 The bill specifies that if any new substance has not been 8 designated a controlled substance under federal law and the 9 board of pharmacy finds that the substance poses an imminent 10 hazard to public safety, the board may designate the substance 11 a controlled substance. If a substance is designated as 12 controlled by the board pursuant to the bill, the control shall 13 be temporary and if within 60 days after the next regular 14 session of the general assembly convenes the substance has 15 not been classified as a controlled substance, the temporary 16 controlled substance designation by the board is nullified. 17 The bill adds numerous synthetic cannabinoids, also known as 18 “K2”, to the list of schedule I controlled substances in Code 19 section 124.204(4)(ai). 20 The bill adds numerous substances containing any quantity of 21 any synthetic cathinone that are not approved pharmaceuticals 22 to the list of schedule I controlled substances in Code section 23 124.204(6). 24 A schedule I controlled substance is considered to have a 25 high potential for abuse and no medical purpose in treatment in 26 the United States. 27 Under the bill, it is an aggravated misdemeanor pursuant 28 to Code section 124.401(1)(d) for any unauthorized person to 29 manufacture, deliver, or possess with the intent to manufacture 30 or deliver a synthetic cannabinoid classified as a schedule I 31 controlled substance in Code section 124.204(4)(ai) including 32 its counterfeit or simulated form, or to act with, enter into 33 a common scheme or design with, or conspire with one or more 34 persons to manufacture, deliver, or possess with the intent to 35 -5- LSB 5298DP (9) 84 jm/rj 5/ 6

S.F. _____ H.F. _____ manufacture or deliver such a schedule I controlled substance. 1 It is also an aggravated misdemeanor pursuant to Code 2 section 124.401(1)(d) under the bill for any unauthorized 3 person to manufacture, deliver, or possess with the intent to 4 manufacture or deliver a synthetic cathinone classified as a 5 schedule I controlled substance in Code section 124.204(6)(i) 6 including its counterfeit or simulated form, or to act with, 7 enter into a common scheme or design with, or conspire with one 8 or more persons to manufacture, deliver, or possess with the 9 intent to manufacture or deliver such a schedule I controlled 10 substance. 11 It is also a serious misdemeanor for a first offense 12 violation of Code section 124.401(5) for any unauthorized 13 person to possess a controlled substance classified as a 14 schedule I controlled substance. 15 An aggravated misdemeanor is punishable by confinement for 16 no more than two years and a fine of at least $625 but not 17 more than $6,250. A serious misdemeanor is punishable by 18 confinement for no more than one year and a fine of at least 19 $315 but not more than $1,875. 20 The bill takes effect upon enactment. 21 -6- LSB 5298DP (9) 84 jm/rj 6/ 6