House File 2049 - Introduced HOUSE FILE 2049 BY RIZER , BAUDLER , HOLT , BAXTER , FISHER , SIECK , KOESTER , SALMON , KOOIKER , KLEIN , FRY , HEARTSILL , B. MOORE , DEYOE , HEIN , WORTHAN , KRESSIG , ABDUL-SAMAD , BROWN-POWERS , GAINES , and STAED A BILL FOR An Act relating to controlled substances, including by 1 modifying the penalties for controlled substances containing 2 cocaine base, enhancing the penalties for imitation 3 controlled substances, modifying the controlled substances 4 listed in schedules I, III, and IV, and temporarily 5 designating substances as controlled substances, and 6 providing penalties. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 5168YH (5) 86 jm/nh

H.F. 2049 Section 1. Section 124.101, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 15A. “Imitation controlled substance” means 3 a substance which is not a controlled substance but which by 4 color, shape, size, markings, and other aspects of dosage unit 5 appearance, and packaging or other factors, appears to be or 6 resembles a controlled substance. The board of pharmacy may 7 designate a substance as an imitation controlled substance 8 pursuant to the board’s rulemaking authority and in accordance 9 with chapter 17A. “Imitation controlled substance” also 10 means any substance determined to be an imitation controlled 11 substance pursuant to section 124.101B. 12 Sec. 2. NEW SECTION . 124.101B Factors indicating an 13 imitation controlled substance. 14 If a substance has not been designated as an imitation 15 controlled substance by the board of pharmacy and if dosage 16 unit appearance alone does not establish that a substance is an 17 imitation controlled substance, the following factors may be 18 considered in determining whether the substance is an imitation 19 controlled substance: 20 1. The person in control of the substance expressly or 21 impliedly represents that the substance has the effect of a 22 controlled substance. 23 2. The person in control of the substance expressly 24 or impliedly represents that the substance because of its 25 nature or appearance can be sold or delivered as a controlled 26 substance or as a substitute for a controlled substance. 27 3. The person in control of the substance either demands or 28 receives money or other property having a value substantially 29 greater than the actual value of the substance as consideration 30 for delivery of the substance. 31 Sec. 3. Section 124.201, subsection 4, Code 2016, is amended 32 to read as follows: 33 4. If any new substance is designated as a controlled 34 substance under federal law and notice of the designation is 35 -1- LSB 5168YH (5) 86 jm/nh 1/ 21

H.F. 2049 given to the board, the board shall similarly designate as 1 controlled the new substance under this chapter after the 2 expiration of thirty days from publication in the federal 3 register of a final order designating a new substance as a 4 controlled substance, unless within that thirty-day period 5 the board objects to the new designation. In that case the 6 board shall publish the reasons for objection and afford 7 all interested parties an opportunity to be heard. At 8 the conclusion of the hearing the board shall announce its 9 decision. Upon publication of objection to a new substance 10 being designated as a controlled substance under this chapter 11 by the board, control under this chapter is stayed until the 12 board publishes its decision. If a substance is designated 13 as controlled by the board under this subsection the control 14 shall be considered a temporary and if, within sixty days after 15 the next regular session of the general assembly convenes, 16 the general assembly has not made the corresponding changes 17 in this chapter , the temporary designation of control of 18 the substance by the board shall be nullified amendment to 19 the schedules of controlled substances in this chapter . If 20 the board so designates a substance as controlled, which 21 is considered a temporary amendment to the schedules of 22 controlled substances in this chapter, and if the general 23 assembly does not amend this chapter to enact the temporary 24 amendment and make the enactment effective within two years 25 from the date the temporary amendment first became effective, 26 the temporary amendment is repealed by operation of law two 27 years from the effective date of the temporary amendment. A 28 temporary amendment repealed by operation of law is subject to 29 section 4.13 relating to the construction of statutes and the 30 application of a general savings provision. 31 Sec. 4. Section 124.204, subsection 4, paragraph ai, 32 subparagraphs (3), (4), and (5), Code 2016, are amended by 33 striking the subparagraphs. 34 Sec. 5. Section 124.204, subsection 4, paragraph aj, Code 35 -2- LSB 5168YH (5) 86 jm/nh 2/ 21

H.F. 2049 2016, is amended by striking the paragraph and inserting in 1 lieu thereof the following: 2 aj. 5-methoxy-N,N-dimethyltryptamine. Some trade or other 3 names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT. 4 Sec. 6. Section 124.204, subsection 4, paragraph ak, Code 5 2016, is amended by striking the paragraph and inserting in 6 lieu thereof the following: 7 ak. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E). 8 Sec. 7. Section 124.204, subsection 4, Code 2016, is amended 9 by adding the following new paragraphs: 10 NEW PARAGRAPH . al. 2-(2,5-Dimethoxy-4- 11 methylphenyl)ethanamine (2C-D). 12 NEW PARAGRAPH . am. 2-(4-Chloro-2,5- 13 dimethoxyphenyl)ethanamine (2C-C). 14 NEW PARAGRAPH . an. 2-(4-Iodo-2,5- 15 dimethoxyphenyl)ethanamine (2C-I). 16 NEW PARAGRAPH . ao. 2-[4-(Ethylthio)-2,5- 17 dimethoxyphenyl]ethanamine (2C-T-2). 18 NEW PARAGRAPH . ap. 2-[4-(Isopropylthio)-2,5- 19 dimethoxyphenyl]ethanamine (2C-T-4). 20 NEW PARAGRAPH . aq. 2-(2,5-Dimethoxyphenyl) 21 ethanamine (2C-H). 22 NEW PARAGRAPH . ar. 2-(2,5-Dimethoxy-4- 23 nitrophenyl)ethanamine (2C-N). 24 NEW PARAGRAPH . as. 2-(2,5-Dimethoxy-4-(n)- 25 propylphenyl)ethanamine (2C-P). 26 Sec. 8. Section 124.204, subsection 6, paragraph i, 27 subparagraph (3), Code 2016, is amended by striking the 28 subparagraph and inserting in lieu thereof the following: 29 (3) 3,4-Methylenedioxy-N-methylcathinone (methylone). 30 Sec. 9. Section 124.204, subsection 6, paragraph i, 31 subparagraphs (18), (19), (20), (21), and (22), Code 2016, are 32 amended by striking the subparagraphs and inserting in lieu 33 thereof the following: 34 (18) 4-methyl-N-ethylcathinone. Other names: 4-MEC, 35 -3- LSB 5168YH (5) 86 jm/nh 3/ 21

H.F. 2049 2-(ethylamino)-1-(4-methylphenyl)propan-1-one. 1 (19) 4-methyl-alpha6 pyrrolidinopropiophenone. 2 Other names: 4-MePPP, MePPP, 3 4-methyl-[alpha]-pyrrolidinopropiophenone, 8 4 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one. 5 (20) Pentedrone. Other names: 6 [alpha]-methylaminovalerophenone, 7 2-(methylamino)-1-phenylpentan-1-one. 8 (21) Pentylone. Other names: bk-MBDP, 9 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. 10 (22) Alpha-pyrrolidinobutiophenone. Other names: 11 [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one. 12 Sec. 10. Section 124.204, subsection 6, paragraph i, 13 subparagraphs (23), (24), (25), and (26), Code 2016, are 14 amended by striking the subparagraphs. 15 Sec. 11. Section 124.204, subsection 9, Code 2016, is 16 amended by adding the following new paragraphs: 17 NEW PARAGRAPH . 0a. HU-210. [(6aR,10aR)-9-(hydroxymethyl)- 18 6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a- 19 tetrahydrobenzo[c] chromen-1-ol)]. 20 NEW PARAGRAPH . 00a. HU-211(dexanabinol, 21 (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 22 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol). 23 NEW PARAGRAPH . 000a. Unless specifically exempted or unless 24 listed in another schedule, any material, compound, mixture, 25 or preparation which contains any quantity of cannabimimetic 26 agents, or which contains their salts, isomers, and salts of 27 isomers whenever the existence of such salts, isomers, and 28 salts of isomers is possible within the specific chemical 29 designation. 30 (1) The term “cannabimimetic agents” means any substance 31 that is a cannabinoid receptor type 1 (CB1 receptor) agonist as 32 demonstrated by binding studies and functional assays within 33 any of the following structural classes: 34 (a) 2-(3-hydroxycyclohexyl)phenol with substitution at the 35 -4- LSB 5168YH (5) 86 jm/nh 4/ 21

H.F. 2049 5-position of the phenolic ring by alkyl or alkenyl, whether or 1 not substituted on the cyclohexyl ring to any extent. 2 (b) 3-(1-naphthoyl)indole or 3-(1-naphthylmethane)indole by 3 substitution at the nitrogen atom of the indole ring, whether 4 or not further substituted on the indole ring to any extent, 5 whether or not substituted on the naphthoyl or naphthyl ring 6 to any extent. 7 (c) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen 8 atom of the pyrrole ring, whether or not further substituted in 9 the pyrrole ring to any extent, whether or not substituted on 10 the naphthoyl ring to any extent. 11 (d) 1-(1-naphthylmethylene)indene by substitution of 12 the 3-position of the indene ring, whether or not further 13 substituted in the indene ring to any extent, whether or not 14 substituted on the naphthyl ring to any extent. 15 (e) 3-phenylacetylindole or 3-benzoylindole by substitution 16 at the nitrogen atom of the indole ring, whether or not further 17 substituted in the indole ring to any extent, whether or not 18 substituted on the phenyl ring to any extent. 19 (2) Such terms include: 20 (a) CP 47,497 and homologues 5-(1,1-dimethylheptyl)-2- 21 [(1R,3S)-3-hydroxycyclohexl]phenol. 22 (b) JWH-018 and AM678 1-Pentyl-3-(1-naphthoyl)indole. 23 (c) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 24 (d) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H- 25 indol-3-yl]-1-naphthalenyl-methanone. 26 (e) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 27 (f) JWH-81 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 28 (g) JWH-122 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 29 (h) JWH-250 1-pentyl-3-(2-methoxyphenylacetyl)indole. 30 (i) RCS-4 and SR-19 1-pentyl-3-[(4methoxy)-benzoyl]indole. 31 (j) RCS-8 and SR 18 1-cyclohexylethyl-3- 32 (2-methoxyphenylacetyl)indole. 33 (k) AM2201 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 34 (l) JWH-203 1-pentyl-3-(2-chlorophenylacetyl)indole. 35 -5- LSB 5168YH (5) 86 jm/nh 5/ 21

H.F. 2049 (m) JWH-398 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 1 (n) AM694 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 2 (o) Cannabicyclohexanol or CP-47,497 C8-homolog 5- 3 (1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 4 NEW PARAGRAPH . 0d. N-(1-amino-3-methyl-1-oxobutan-2- 5 yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide. Other 6 names: AB-FUBINACA. 7 NEW PARAGRAPH . 00d. N-(1-amino- 8 3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl- 9 1 H-indazole-3-carboxamide. Other names: ADB-PINACA. 10 NEW PARAGRAPH . 000d. Quinolin-8-yl 11 1-pentyl-lH-indole-3-carboxylate. 12 Other names: PB-22, QUPIC. 13 NEW PARAGRAPH . 0000d. Quinolin-8-yl 14 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other names: 15 5-fluoro-PB-22, 5F-PB-22. 16 NEW PARAGRAPH . 00000d. N-(1-amino-3-methyl-1-oxobutan- 17 2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other names: 18 AB-PINACA. 19 NEW PARAGRAPH . 000000d. N-(1-amino-3-methyl-1-oxobutan- 20 2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. Other 21 names: AB-CHMINACA. 22 NEW PARAGRAPH . 0000000d. [1-(5-fluoropentyl)-1H-indazol- 23 3-yl](naphthalen-1-yl)methanone. Other names: THJ-2201. 24 Sec. 12. Section 124.208, subsection 5, paragraph a, 25 subparagraphs (3) and (4), Code 2016, are amended by striking 26 the subparagraphs. 27 Sec. 13. Section 124.210, subsection 2, Code 2016, is 28 amended by adding the following new paragraph: 29 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 30 (3-methoxyphenyl)cyclohexanol, its salts, optical and geometric 31 isomers, and salts of these isomers (including tramadol). 32 Sec. 14. Section 124.210, subsection 3, Code 2016, is 33 amended by adding the following new paragraphs: 34 NEW PARAGRAPH . bb. Alfaxalone. 35 -6- LSB 5168YH (5) 86 jm/nh 6/ 21

H.F. 2049 NEW PARAGRAPH . bc. Suvorexant. 1 Sec. 15. Section 124.401, subsection 1, unnumbered 2 paragraph 1, Code 2016, is amended to read as follows: 3 Except as authorized by this chapter , it is unlawful for any 4 person to manufacture, deliver, or possess with the intent to 5 manufacture or deliver, a controlled substance, a counterfeit 6 substance, or a simulated controlled substance , or an imitation 7 controlled substance , or to act with, enter into a common 8 scheme or design with, or conspire with one or more other 9 persons to manufacture, deliver, or possess with the intent to 10 manufacture or deliver a controlled substance, a counterfeit 11 substance, or a simulated controlled substance , or an imitation 12 controlled substance . 13 Sec. 16. Section 124.401, subsection 1, paragraph a, 14 unnumbered paragraph 1, Code 2016, is amended to read as 15 follows: 16 Violation of this subsection , with respect to the following 17 controlled substances, counterfeit substances, or simulated 18 controlled substances , or imitation controlled substances, is a 19 class “B” felony, and notwithstanding section 902.9, subsection 20 1 , paragraph “b” , shall be punished by confinement for no 21 more than fifty years and a fine of not more than one million 22 dollars: 23 Sec. 17. Section 124.401, subsection 1, paragraph a, 24 subparagraph (3), Code 2016, is amended to read as follows: 25 (3) More than fifty one hundred twenty-five grams of a 26 mixture or substance described in subparagraph (2) which 27 contains cocaine base. 28 Sec. 18. Section 124.401, subsection 1, paragraph a, Code 29 2016, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 31 mixture or substance containing any detectable amount of those 32 substances identified in section 124.204, subsection 9. 33 Sec. 19. Section 124.401, subsection 1, paragraph b, 34 unnumbered paragraph 1, Code 2016, is amended to read as 35 -7- LSB 5168YH (5) 86 jm/nh 7/ 21

H.F. 2049 follows: 1 Violation of this subsection with respect to the following 2 controlled substances, counterfeit substances, or simulated 3 controlled substances , or imitation controlled substances is a 4 class “B” felony, and in addition to the provisions of section 5 902.9, subsection 1 , paragraph “b” , shall be punished by a 6 fine of not less than five thousand dollars nor more than one 7 hundred thousand dollars: 8 Sec. 20. Section 124.401, subsection 1, paragraph b, 9 subparagraph (3), Code 2016, is amended to read as follows: 10 (3) More than ten thirty-five grams but not more than 11 fifty one hundred twenty-five grams of a mixture or substance 12 described in subparagraph (2) which contains cocaine base. 13 Sec. 21. Section 124.401, subsection 1, paragraph b, Code 14 2016, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (9) More than five kilograms but not 16 more than ten kilograms of a mixture or substance containing 17 any detectable amount of those substances identified in section 18 124.204, subsection 9. 19 Sec. 22. Section 124.401, subsection 1, paragraph c, 20 unnumbered paragraph 1, Code 2016, is amended to read as 21 follows: 22 Violation of this subsection with respect to the following 23 controlled substances, counterfeit substances, or simulated 24 controlled substances , or imitation controlled substances is a 25 class “C” felony, and in addition to the provisions of section 26 902.9, subsection 1 , paragraph “d” , shall be punished by a 27 fine of not less than one thousand dollars nor more than fifty 28 thousand dollars: 29 Sec. 23. Section 124.401, subsection 1, paragraph c, 30 subparagraph (3), Code 2016, is amended to read as follows: 31 (3) Ten Thirty-five grams or less of a mixture or substance 32 described in subparagraph (2) which contains cocaine base. 33 Sec. 24. Section 124.401, subsection 1, paragraph c, 34 subparagraph (8), Code 2016, is amended to read as follows: 35 -8- LSB 5168YH (5) 86 jm/nh 8/ 21

H.F. 2049 (8) Any other controlled substance, counterfeit substance, 1 or simulated controlled substance , or imitation controlled 2 substance classified in schedule I, II, or III, except as 3 provided in paragraph “d” . 4 Sec. 25. Section 124.401, subsection 1, paragraph c, Code 5 2016, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (7A) Five kilograms or less of a 7 mixture or substance containing any detectable amount of those 8 substances identified in section 124.204, subsection 9. 9 Sec. 26. Section 124.401, subsection 1, paragraph d, Code 10 2016, is amended to read as follows: 11 d. Violation of this subsection , with respect to any other 12 controlled substances, counterfeit substances, or simulated 13 controlled substances classified in section 124.204, subsection 14 4 , paragraph “ai” , or section 124.204, subsection 6 , paragraph 15 “i” , or , or imitation controlled substances classified in 16 schedule IV or V is an aggravated misdemeanor. However, 17 violation of this subsection involving fifty kilograms or less 18 of marijuana or involving flunitrazepam is a class “D” felony. 19 Sec. 27. Section 124.401, subsection 2, Code 2016, is 20 amended to read as follows: 21 2. If the same person commits two or more acts which are in 22 violation of subsection 1 and the acts occur in approximately 23 the same location or time period so that the acts can be 24 attributed to a single scheme, plan, or conspiracy, the acts 25 may be considered a single violation and the weight of the 26 controlled substances, counterfeit substances, or simulated 27 controlled substances , or imitation controlled substances 28 involved may be combined for purposes of charging the offender. 29 Sec. 28. Section 124.401, subsection 5, unnumbered 30 paragraph 1, Code 2016, is amended to read as follows: 31 It is unlawful for any person knowingly or intentionally 32 to possess a controlled substance unless such substance was 33 obtained directly from, or pursuant to, a valid prescription 34 or order of a practitioner while acting in the course of the 35 -9- LSB 5168YH (5) 86 jm/nh 9/ 21

H.F. 2049 practitioner’s professional practice, or except as otherwise 1 authorized by this chapter . Any person who violates this 2 subsection is guilty of a serious misdemeanor for a first 3 offense. A person who commits a violation of this subsection 4 and who has previously been convicted of violating this chapter 5 or chapter 124A , 124B , or 453B , or chapter 124A as it existed 6 prior to July 1, 2016, is guilty of an aggravated misdemeanor. 7 A person who commits a violation of this subsection and has 8 previously been convicted two or more times of violating this 9 chapter or chapter 124A , 124B , or 453B , or chapter 124A as it 10 existed prior to July 1, 2016, is guilty of a class “D” felony. 11 Sec. 29. Section 124.401A, Code 2016, is amended to read as 12 follows: 13 124.401A Enhanced penalty for manufacture or distribution to 14 persons on certain real property. 15 In addition to any other penalties provided in this chapter , 16 a person who is eighteen years of age or older who unlawfully 17 manufactures with intent to distribute, distributes, or 18 possesses with intent to distribute a substance or counterfeit 19 substance listed in schedule I, II, or III, or a simulated or 20 imitation controlled substance represented to be a controlled 21 substance classified in schedule I, II, or III, to another 22 person who is eighteen years of age or older in or on, or within 23 one thousand feet of the real property comprising a public or 24 private elementary or secondary school, public park, public 25 swimming pool, public recreation center, or on a marked school 26 bus, may be sentenced up to an additional term of confinement 27 of five years. 28 Sec. 30. Section 124.401B, Code 2016, is amended to read as 29 follows: 30 124.401B Possession of controlled substances on certain real 31 property —— additional penalty. 32 In addition to any other penalties provided in this chapter 33 or another chapter, a person who unlawfully possesses a 34 substance listed in schedule I, II, or III, or a simulated or 35 -10- LSB 5168YH (5) 86 jm/nh 10/ 21

H.F. 2049 imitation controlled substance represented to be a controlled 1 substance classified in schedule I, II, or III, in or on, or 2 within one thousand feet of the real property comprising a 3 public or private elementary or secondary school, public park, 4 public swimming pool, public recreation center, or on a marked 5 school bus, may be sentenced to one hundred hours of community 6 service work for a public agency or a nonprofit charitable 7 organization. The court shall provide the offender with a 8 written statement of the terms and monitoring provisions of the 9 community service. 10 Sec. 31. Section 124.406, subsection 2, Code 2016, is 11 amended to read as follows: 12 2. A person who is eighteen years of age or older who: 13 a. Unlawfully distributes or possesses with the intent to 14 distribute a counterfeit substance listed in schedule I or II, 15 or a simulated or imitation controlled substance represented 16 to be a substance classified in schedule I or II, to a person 17 under eighteen years of age commits a class “B” felony. 18 However, if the substance was distributed in or on, or within 19 one thousand feet of, the real property comprising a public or 20 private elementary or secondary school, public park, public 21 swimming pool, public recreation center, or on a marked school 22 bus, the person shall serve a minimum term of confinement of 23 ten years. 24 b. Unlawfully distributes or possesses with intent to 25 distribute a counterfeit substance listed in schedule III, or 26 a simulated or imitation controlled substance represented to 27 be any substance listed in schedule III, to a person under 28 eighteen years of age who is at least three years younger than 29 the violator commits a class “C” felony. 30 c. Unlawfully distributes a counterfeit substance listed 31 in schedule IV or V, or a simulated or imitation controlled 32 substance represented to be a substance listed in schedule IV 33 or V, to a person under eighteen years of age who is at least 34 three years younger than the violator commits an aggravated 35 -11- LSB 5168YH (5) 86 jm/nh 11/ 21

H.F. 2049 misdemeanor. 1 Sec. 32. Section 124.415, Code 2016, is amended to read as 2 follows: 3 124.415 Parental and school notification —— persons under 4 eighteen years of age. 5 A peace officer shall make a reasonable effort to identify a 6 person under the age of eighteen discovered to be in possession 7 of a controlled substance, counterfeit substance, or simulated 8 controlled substance , or imitation controlled substance in 9 violation of this chapter , and if the person is not referred 10 to juvenile court, the law enforcement agency of which the 11 peace officer is an employee shall make a reasonable attempt 12 to notify the person’s custodial parent or legal guardian 13 of such possession, whether or not the person is arrested, 14 unless the officer has reasonable grounds to believe that such 15 notification is not in the best interests of the person or will 16 endanger that person. If the person is taken into custody, 17 the peace officer shall notify a juvenile court officer who 18 shall make a reasonable effort to identify the elementary or 19 secondary school the person attends, if any, and to notify the 20 superintendent of the school district, the superintendent’s 21 designee, or the authorities in charge of the nonpublic school 22 of the taking into custody. A reasonable attempt to notify 23 the person includes but is not limited to a telephone call or 24 notice by first-class mail. 25 Sec. 33. NEW SECTION . 124.417 Imitation controlled 26 substances —— exceptions. 27 It is not unlawful under this chapter for a person registered 28 under section 124.302, to manufacture, deliver, or possess with 29 the intent to manufacture or deliver, or to act with, one or 30 more other persons to manufacture, deliver, or possess with 31 the intent to manufacture or deliver an imitation controlled 32 substance for use as a placebo by a registered practitioner in 33 the course of professional practice or research. 34 Sec. 34. Section 124.502, subsection 1, paragraph a, Code 35 -12- LSB 5168YH (5) 86 jm/nh 12/ 21

H.F. 2049 2016, is amended to read as follows: 1 a. A district judge or district associate judge, within 2 the court’s jurisdiction, and upon proper oath or affirmation 3 showing probable cause, may issue warrants for the purpose of 4 conducting administrative inspections under this chapter or 5 a related rule or under chapter 124A . The warrant may also 6 permit seizures of property appropriate to the inspections. 7 For purposes of the issuance of administrative inspection 8 warrants, probable cause exists upon showing a valid public 9 interest in the effective enforcement of the statute or related 10 rules, sufficient to justify administrative inspection of the 11 area, premises, building , or conveyance in the circumstances 12 specified in the application for the warrant. 13 Sec. 35. Section 155A.6, subsection 3, Code 2016, is amended 14 to read as follows: 15 3. The board shall establish standards for 16 pharmacist-intern registration and may deny, suspend, 17 or revoke a pharmacist-intern registration for failure to meet 18 the standards or for any violation of the laws of this state, 19 another state, or the United States relating to prescription 20 drugs, controlled substances, or nonprescription drugs, or for 21 any violation of this chapter or chapter 124 , 124A , 124B , 126 , 22 147 , or 205 , or any rule of the board. 23 Sec. 36. Section 155A.6A, subsection 5, Code 2016, is 24 amended to read as follows: 25 5. The board may deny, suspend, or revoke the registration 26 of, or otherwise discipline, a registered pharmacy technician 27 for any violation of the laws of this state, another state, or 28 the United States relating to prescription drugs, controlled 29 substances, or nonprescription drugs, or for any violation of 30 this chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 31 272C , or any rule of the board. 32 Sec. 37. Section 155A.6B, subsection 5, Code 2016, is 33 amended to read as follows: 34 5. The board may deny, suspend, or revoke the registration 35 -13- LSB 5168YH (5) 86 jm/nh 13/ 21

H.F. 2049 of a pharmacy support person or otherwise discipline the 1 pharmacy support person for any violation of the laws of 2 this state, another state, or the United States relating to 3 prescription drugs, controlled substances, or nonprescription 4 drugs, or for any violation of this chapter or chapter 124 , 5 124A , 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 6 Sec. 38. Section 155A.13A, subsection 3, Code 2016, is 7 amended to read as follows: 8 3. Discipline. The board may deny, suspend, or revoke a 9 nonresident pharmacy license for any violation of this section , 10 section 155A.15, subsection 2 , paragraph “a” , “b” , “d” , “e” , 11 “f” , “g” , “h” , or “i” , chapter 124 , 124A , 124B , 126 , or 205 , or 12 a rule of the board. 13 Sec. 39. Section 155A.17, subsection 2, Code 2016, is 14 amended to read as follows: 15 2. The board shall establish standards for drug wholesaler 16 licensure and may define specific types of wholesaler licenses. 17 The board may deny, suspend, or revoke a drug wholesale license 18 for failure to meet the applicable standards or for a violation 19 of the laws of this state, another state, or the United 20 States relating to prescription drugs, devices, or controlled 21 substances, or for a violation of this chapter , chapter 124 , 22 124A , 124B , 126 , or 205 , or a rule of the board. 23 Sec. 40. Section 155A.42, subsection 4, Code 2016, is 24 amended to read as follows: 25 4. The board may deny, suspend, or revoke a limited drug and 26 device distributor’s license for failure to meet the applicable 27 standards or for a violation of the laws of this state, another 28 state, or the United States relating to prescription drugs or 29 controlled substances, or for a violation of this chapter , 30 chapter 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 31 board. 32 Sec. 41. REPEAL. Chapter 124A, Code 2016, is repealed. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -14- LSB 5168YH (5) 86 jm/nh 14/ 21

H.F. 2049 the explanation’s substance by the members of the general assembly. 1 This bill relates to controlled substances, including by 2 enhancing the penalties for imitation controlled substances, 3 modifying the controlled substances listed in schedules I, 4 III, IV, and temporarily designating substances as controlled 5 substances. 6 TEMPORARY CONTROLLED SUBSTANCE DESIGNATION. Under current 7 law and in the bill, the board of pharmacy may designate a new 8 substance as a controlled substance, by administrative rule, 9 without the general assembly amending Code chapter 124, only 10 if the substance is designated as a controlled substance under 11 federal law. 12 If the board of pharmacy designates a substance as 13 controlled, the bill specifies that the temporary designation 14 is considered a temporary amendment to the schedules of 15 controlled substances in Code chapter 124, and if the general 16 assembly does not amend Code chapter 124 to enact the temporary 17 amendment and make the enactment effective within two years 18 from the date the temporary amendment first became effective, 19 the temporary amendment is repealed by operation of law two 20 years from the effective date of the temporary amendment. A 21 temporary amendment repealed by operation of law is subject to 22 Code section 4.13 relating to the construction of statutes and 23 the application of a general savings provision. 24 Current law provides that if within 60 days after the next 25 general assembly convenes the general assembly has not made 26 the corresponding changes in Code chapter 124, the temporary 27 designation that the substance is a controlled substance is 28 nullified. 29 COCAINE BASE. The bill increases the amounts of controlled 30 substances containing cocaine base (crack cocaine) that 31 determine the criminal penalty for certain offenses. Under 32 the bill, if a person unlawfully manufactures, delivers, or 33 possesses with the intent to deliver a controlled substance 34 containing cocaine base, or unlawfully acts with, enters into 35 -15- LSB 5168YH (5) 86 jm/nh 15/ 21

H.F. 2049 a common scheme or design with, or conspires with one or more 1 persons to manufacture, deliver, or possess such a controlled 2 substance, the person commits the following offenses: a class 3 “B” felony punishable by confinement of no more than 50 years 4 and a fine of not more than $1 million if the controlled 5 substance containing cocaine base is more than 125 grams rather 6 than the current 50 grams; a class “B” felony punishable by 7 confinement of no more than 25 years and a fine of not less than 8 $5,000 but not more than $100,000 if the imitation controlled 9 substance is more than 35 grams but not more than 125 grams 10 rather than the current 10 to 50 grams; or a class “C” felony 11 punishable by a fine of not less than $1,000 but not more than 12 $50,000 if the controlled substance containing cocaine base is 13 35 grams or less rather than the current 10 grams or less. 14 IMITATION CONTROLLED SUBSTANCES. Under current law 15 imitation controlled substances are regulated under Code 16 chapter 124A. The bill repeals Code chapter 124A and transfers 17 the regulation of imitation controlled substances to Code 18 chapter 124. The definition and designation of an imitation 19 controlled substance in Code chapter 124 remains identical 20 to the definition and designation of an imitation controlled 21 substance under current law in Code chapter 124A. 22 Under the bill and in current law, an imitation controlled 23 substance means a substance which is not a controlled substance 24 but by color, shape, size, markings, and other aspects of 25 dosage unit appearance, and packaging or other factors, appears 26 to be or resembles a controlled substance. The board of 27 pharmacy may designate a substance as an imitation controlled 28 substance pursuant to the board’s rulemaking authority and in 29 accordance with Code chapter 17A. 30 In addition, under current law and in the bill, if a 31 substance has not been designated as an imitation controlled 32 substance by the board of pharmacy and when dosage unit 33 appearance alone does not establish that a substance is an 34 imitation controlled substance, the following factors may 35 -16- LSB 5168YH (5) 86 jm/nh 16/ 21

H.F. 2049 be considered in determining whether the substance is an 1 imitation controlled substance: the substance is represented 2 as having the effect of a controlled substance; the substance 3 is represented as a controlled substance or as a substitute for 4 a controlled substance because of its nature or appearance; 5 or a person receives money or other property having a value 6 substantially greater than the actual value of the substance 7 when sold. 8 Under the bill, if a person unlawfully manufactures, 9 delivers, or possesses with the intent to deliver an imitation 10 controlled substance containing any detectable amount of those 11 substances identified in Code section 124.204(9), or unlawfully 12 acts with, enters into a common scheme or design with, or 13 conspires with one or more persons to manufacture, deliver, 14 or possess such imitation controlled substances, the person 15 commits the following offense: a class “B” felony punishable 16 by confinement of no more than 50 years and a fine of not more 17 than $1 million if the imitation controlled substance is more 18 than 10 kilograms; a class “B” felony punishable by confinement 19 of no more than 25 years and a fine of not less than $5,000 but 20 not more than $100,000 if the imitation controlled substance 21 is more than five kilograms but not more than 10 kilograms; a 22 class “C” felony punishable by a fine of not less than $1,000 23 but not more than $50,000 if the imitation controlled substance 24 is five kilograms or less; or an aggravated misdemeanor if the 25 imitation controlled substance is classified in schedule IV or 26 V; or a serious misdemeanor for a first possession offense, 27 an aggravated misdemeanor for a second possession offense, 28 or a class “D” felony for two or more previous possession 29 offenses. Current law in Code section 124A.4 provides that if 30 a person unlawfully manufactures, delivers, or possesses with 31 intent to deliver an imitation controlled substance, the person 32 commits an aggravated misdemeanor, or if the person delivers 33 to a person under 18 years of age who is at least three years 34 younger than the violator, the person commits a class “D” 35 -17- LSB 5168YH (5) 86 jm/nh 17/ 21

H.F. 2049 felony. In addition, under current law, if a person unlawfully 1 and knowingly publishes an advertisement or distributes in a 2 public place a promotion for an imitation controlled substance 3 the person commits a serious misdemeanor. 4 The bill enhances the criminal penalties for controlled 5 substances classified in Code sections 124.204(4)(ai) and 6 124.204(6)(i) from an aggravated misdemeanor to a class “C” 7 felony punishable pursuant to Code section 124.401(1)(c)(8). 8 This change equalizes the criminal penalties with violations 9 involving other schedule I controlled substances. 10 The bill provides that if the same person commits two or 11 more acts which are in violation of Code section 124.401(1) 12 and the acts occur in the same location or time period so the 13 acts are attributable to a single scheme, the acts may be 14 considered a single violation and the weights of the imitation 15 controlled substance may be combined for purposes of charging 16 the offender. 17 The amendment to Code section 124.401A provides that 18 a person who is 18 years of age or older who unlawfully 19 manufactures with the intent to distribute, distributes, 20 or possesses with the intent to distribute an imitation 21 controlled substance to another person 18 years of age or older 22 within 1,000 feet of the real property comprising a public or 23 nonpublic school, may be sentenced up to an additional term of 24 confinement of five years in addition to any other penalty. 25 The amendment to Code section 124.401B provides that 26 a person who unlawfully possesses an imitation controlled 27 substance within 1,000 feet of the real property comprising a 28 school, public park, public pool, public recreation center, or 29 marked school bus may be sentenced up to 100 hours of community 30 service. 31 The amendments to Code section 124.406 relate to the 32 distribution or possession with the intent to distribute an 33 imitation controlled substance to a person under 18 years of 34 age. A person who distributes or possesses with the intent to 35 -18- LSB 5168YH (5) 86 jm/nh 18/ 21

H.F. 2049 distribute an imitation controlled substance, represented to 1 be a substance listed in schedule I or schedule II, to a person 2 under 18 years of age commits a class “B” felony. The required 3 penalty for such a violation is a minimum term of confinement 4 of 10 years if the substance was distributed within 1,000 5 feet of the real property comprising a public or nonpublic 6 school, public park, public pool, or public recreation center. 7 A person who distributes or possesses with the intent to 8 distribute an imitation controlled substance, represented to be 9 a substance listed in schedule III, to a person under 18 years 10 of age, who is at least three years younger than the violator, 11 commits a class “C” felony. A person who distributes or 12 possesses with the intent to distribute an imitation controlled 13 substance, represented to be a substance listed in schedule 14 IV or schedule V, to a person under 18 years of age, who is 15 at least three years younger than the violator, commits an 16 aggravated misdemeanor. 17 The amendment to Code section 124.415 requires that a peace 18 officer make a reasonable effort to identify a person under 18 19 years of age discovered to be in possession of an imitation 20 controlled substance, and if the person is not referred to 21 juvenile court, the peace officer shall make a reasonable 22 effort to notify the person’s custodial parent of the 23 possession unless the officer has reasonable grounds to believe 24 such notification is not in the best interests of the person. 25 The bill specifies that if the person is taken into custody 26 the juvenile court officer shall make a reasonable effort to 27 identify the school of attendance and to notify the school or 28 nonpublic school of the taking into custody of the person. 29 The bill creates Code section 124.417, which is similar to 30 Code section 124A.5 repealed by the bill. A person registered 31 under Code section 124.302 does not violate the bill if the 32 person manufactures, delivers, possesses, or possesses with the 33 intent to manufacture or deliver, or acts with others to do 34 such activities, if the person uses the imitation controlled 35 -19- LSB 5168YH (5) 86 jm/nh 19/ 21