SENATE FILE 462

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1055)

A BILL FOR

An Act making certain synthetic cannabinoids schedule I controlled substances, providing penalties, and including effective date provisions.
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 paragraph:
   NEW PARAGRAPH.  ai.  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-[(1R, 3S)-3-

hydroxycyclohexyl]-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-naphthoyl)indole.
   (5)  JWH-073 1-Butyl-3-(1-naphthoyl)indole.
   (6)  JWH-200 [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-

naphthalenyl-methanone.
   Sec. 2.  Section 124.401, subsection 1, paragraph c, subparagraph (8), Code 2011, is amended to read as follows:
   (8)  Any other controlled substance, counterfeit substance, or simulated controlled substance classified in schedule I, II, or III, except as provided in paragraph “d”.
   Sec. 3.  Section 124.401, subsection 1, paragraph d, Code 2011, is amended to read as follows:
   d.  Violation of this subsection, with respect to any other controlled substances, counterfeit substances, or simulated controlled substances classified in section 124.204, subsection 4, paragraph “ai”, or in schedule IV, or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class “D” felony.
   Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill adds certain synthetic cannabinoids 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 an aggravated misdemeanor pursuant to Code section 124.401, subsection 1, paragraph “d”, for any unauthorized person to manufacture, deliver, or possess with the intent to manufacture or deliver, a synthetic 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 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 a synthetic cannabinoid.
   An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. 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.