House File 2309 - Introduced HOUSE FILE 2309 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 2049) 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 5168HV (3) 86 jm/nh

H.F. 2309 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 5168HV (3) 86 jm/nh 1/ 21

H.F. 2309 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 5168HV (3) 86 jm/nh 2/ 21

H.F. 2309 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 5168HV (3) 86 jm/nh 3/ 21

H.F. 2309 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 5168HV (3) 86 jm/nh 4/ 21

H.F. 2309 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 5168HV (3) 86 jm/nh 5/ 21

H.F. 2309 (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 5168HV (3) 86 jm/nh 6/ 21

H.F. 2309 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 5168HV (3) 86 jm/nh 7/ 21

H.F. 2309 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 (2), unnumbered paragraph 1, Code 2016, is amended 31 to read as follows: 32 One hundred grams or less of any of the following , except as 33 provided in paragraph “d” , subparagraph (2) : 34 Sec. 24. Section 124.401, subsection 1, paragraph c, 35 -8- LSB 5168HV (3) 86 jm/nh 8/ 21

H.F. 2309 subparagraph (3), Code 2016, is amended to read as follows: 1 (3) Ten Thirty-five grams or less of a mixture or substance 2 described in subparagraph (2) which contains cocaine base , 3 except as provided in paragraph “d” , subparagraph (3) . 4 Sec. 25. Section 124.401, subsection 1, paragraph c, 5 subparagraph (8), Code 2016, is amended to read as follows: 6 (8) Any other controlled substance, counterfeit substance, 7 or simulated controlled substance , or imitation controlled 8 substance classified in schedule I, II, or III, except as 9 provided in paragraph “d” . 10 Sec. 26. Section 124.401, subsection 1, paragraph c, Code 11 2016, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (7A) Five kilograms or less of a 13 mixture or substance containing any detectable amount of those 14 substances identified in section 124.204, subsection 9. 15 Sec. 27. Section 124.401, subsection 1, paragraph d, Code 16 2016, is amended to read as follows: 17 d. (1) Violation of this subsection , with respect to 18 any other controlled substances, counterfeit substances, or 19 simulated controlled substances classified in section 124.204, 20 subsection 4 , paragraph “ai” , or section 124.204, subsection 21 6 , paragraph “i” , or , or imitation controlled substances 22 classified in schedule IV or V is an aggravated misdemeanor. 23 However, violation of this subsection involving fifty kilograms 24 or less of marijuana or involving flunitrazepam is a class “D” 25 felony. 26 (2) A first offense violation of this subsection involving 27 less than three grams of a substance described in paragraph “c” , 28 subparagraph (2), is a class “D” felony. 29 (3) A first offense violation of this subsection involving 30 less than three grams of a mixture or substance described in 31 paragraph “c” , subparagraph (2), which contains cocaine base 32 is a class “D” felony. 33 Sec. 28. Section 124.401, subsection 2, Code 2016, is 34 amended to read as follows: 35 -9- LSB 5168HV (3) 86 jm/nh 9/ 21

H.F. 2309 2. If the same person commits two or more acts which are in 1 violation of subsection 1 and the acts occur in approximately 2 the same location or time period so that the acts can be 3 attributed to a single scheme, plan, or conspiracy, the acts 4 may be considered a single violation and the weight of the 5 controlled substances, counterfeit substances, or simulated 6 controlled substances , or imitation controlled substances 7 involved may be combined for purposes of charging the offender. 8 Sec. 29. Section 124.401, subsection 5, unnumbered 9 paragraph 1, Code 2016, is amended to read as follows: 10 It is unlawful for any person knowingly or intentionally 11 to possess a controlled substance unless such substance was 12 obtained directly from, or pursuant to, a valid prescription 13 or order of a practitioner while acting in the course of the 14 practitioner’s professional practice, or except as otherwise 15 authorized by this chapter . Any person who violates this 16 subsection is guilty of a serious misdemeanor for a first 17 offense. A person who commits a violation of this subsection 18 and who has previously been convicted of violating this chapter 19 or chapter 124A , 124B , or 453B , or chapter 124A as it existed 20 prior to July 1, 2016, is guilty of an aggravated misdemeanor. 21 A person who commits a violation of this subsection and has 22 previously been convicted two or more times of violating this 23 chapter or chapter 124A , 124B , or 453B , or chapter 124A as it 24 existed prior to July 1, 2016, is guilty of a class “D” felony. 25 Sec. 30. Section 124.401A, Code 2016, is amended to read as 26 follows: 27 124.401A Enhanced penalty for manufacture or distribution to 28 persons on certain real property. 29 In addition to any other penalties provided in this chapter , 30 a person who is eighteen years of age or older who unlawfully 31 manufactures with intent to distribute, distributes, or 32 possesses with intent to distribute a substance or counterfeit 33 substance listed in schedule I, II, or III, or a simulated or 34 imitation controlled substance represented to be a controlled 35 -10- LSB 5168HV (3) 86 jm/nh 10/ 21

H.F. 2309 substance classified in schedule I, II, or III, to another 1 person who is eighteen years of age or older in or on, or within 2 one thousand feet of the real property comprising a public or 3 private elementary or secondary school, public park, public 4 swimming pool, public recreation center, or on a marked school 5 bus, may be sentenced up to an additional term of confinement 6 of five years. 7 Sec. 31. Section 124.401B, Code 2016, is amended to read as 8 follows: 9 124.401B Possession of controlled substances on certain real 10 property —— additional penalty. 11 In addition to any other penalties provided in this chapter 12 or another chapter, a person who unlawfully possesses a 13 substance listed in schedule I, II, or III, or a simulated or 14 imitation controlled substance represented to be a controlled 15 substance classified in schedule I, II, or III, in or on, or 16 within one thousand feet of the real property comprising a 17 public or private elementary or secondary school, public park, 18 public swimming pool, public recreation center, or on a marked 19 school bus, may be sentenced to one hundred hours of community 20 service work for a public agency or a nonprofit charitable 21 organization. The court shall provide the offender with a 22 written statement of the terms and monitoring provisions of the 23 community service. 24 Sec. 32. Section 124.406, subsection 2, Code 2016, is 25 amended to read as follows: 26 2. A person who is eighteen years of age or older who: 27 a. Unlawfully distributes or possesses with the intent to 28 distribute a counterfeit substance listed in schedule I or II, 29 or a simulated or imitation controlled substance represented 30 to be a substance classified in schedule I or II, to a person 31 under eighteen years of age commits a class “B” felony. 32 However, if the substance was distributed in or on, or within 33 one thousand feet of, the real property comprising a public or 34 private elementary or secondary school, public park, public 35 -11- LSB 5168HV (3) 86 jm/nh 11/ 21

H.F. 2309 swimming pool, public recreation center, or on a marked school 1 bus, the person shall serve a minimum term of confinement of 2 ten years. 3 b. Unlawfully distributes or possesses with intent to 4 distribute a counterfeit substance listed in schedule III, or 5 a simulated or imitation controlled substance represented to 6 be any substance listed in schedule III, to a person under 7 eighteen years of age who is at least three years younger than 8 the violator commits a class “C” felony. 9 c. Unlawfully distributes a counterfeit substance listed 10 in schedule IV or V, or a simulated or imitation controlled 11 substance represented to be a substance listed in schedule IV 12 or V, to a person under eighteen years of age who is at least 13 three years younger than the violator commits an aggravated 14 misdemeanor. 15 Sec. 33. Section 124.415, Code 2016, is amended to read as 16 follows: 17 124.415 Parental and school notification —— persons under 18 eighteen years of age. 19 A peace officer shall make a reasonable effort to identify a 20 person under the age of eighteen discovered to be in possession 21 of a controlled substance, counterfeit substance, or simulated 22 controlled substance , or imitation controlled substance in 23 violation of this chapter , and if the person is not referred 24 to juvenile court, the law enforcement agency of which the 25 peace officer is an employee shall make a reasonable attempt 26 to notify the person’s custodial parent or legal guardian 27 of such possession, whether or not the person is arrested, 28 unless the officer has reasonable grounds to believe that such 29 notification is not in the best interests of the person or will 30 endanger that person. If the person is taken into custody, 31 the peace officer shall notify a juvenile court officer who 32 shall make a reasonable effort to identify the elementary or 33 secondary school the person attends, if any, and to notify the 34 superintendent of the school district, the superintendent’s 35 -12- LSB 5168HV (3) 86 jm/nh 12/ 21

H.F. 2309 designee, or the authorities in charge of the nonpublic school 1 of the taking into custody. A reasonable attempt to notify 2 the person includes but is not limited to a telephone call or 3 notice by first-class mail. 4 Sec. 34. NEW SECTION . 124.417 Imitation controlled 5 substances —— exceptions. 6 It is not unlawful under this chapter for a person registered 7 under section 124.302, to manufacture, deliver, or possess with 8 the intent to manufacture or deliver, or to act with, one or 9 more other persons to manufacture, deliver, or possess with 10 the intent to manufacture or deliver an imitation controlled 11 substance for use as a placebo by a registered practitioner in 12 the course of professional practice or research. 13 Sec. 35. Section 124.502, subsection 1, paragraph a, Code 14 2016, is amended to read as follows: 15 a. A district judge or district associate judge, within 16 the court’s jurisdiction, and upon proper oath or affirmation 17 showing probable cause, may issue warrants for the purpose of 18 conducting administrative inspections under this chapter or 19 a related rule or under chapter 124A . The warrant may also 20 permit seizures of property appropriate to the inspections. 21 For purposes of the issuance of administrative inspection 22 warrants, probable cause exists upon showing a valid public 23 interest in the effective enforcement of the statute or related 24 rules, sufficient to justify administrative inspection of the 25 area, premises, building , or conveyance in the circumstances 26 specified in the application for the warrant. 27 Sec. 36. Section 155A.6, subsection 3, Code 2016, is amended 28 to read as follows: 29 3. The board shall establish standards for 30 pharmacist-intern registration and may deny, suspend, 31 or revoke a pharmacist-intern registration for failure to meet 32 the standards or for any violation of the laws of this state, 33 another state, or the United States relating to prescription 34 drugs, controlled substances, or nonprescription drugs, or for 35 -13- LSB 5168HV (3) 86 jm/nh 13/ 21

H.F. 2309 any violation of this chapter or chapter 124 , 124A , 124B , 126 , 1 147 , or 205 , or any rule of the board. 2 Sec. 37. Section 155A.6A, subsection 5, Code 2016, is 3 amended to read as follows: 4 5. The board may deny, suspend, or revoke the registration 5 of, or otherwise discipline, a registered pharmacy technician 6 for any violation of the laws of this state, another state, or 7 the United States relating to prescription drugs, controlled 8 substances, or nonprescription drugs, or for any violation of 9 this chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 10 272C , or any rule of the board. 11 Sec. 38. Section 155A.6B, subsection 5, Code 2016, is 12 amended to read as follows: 13 5. The board may deny, suspend, or revoke the registration 14 of a pharmacy support person or otherwise discipline the 15 pharmacy support person for any violation of the laws of 16 this state, another state, or the United States relating to 17 prescription drugs, controlled substances, or nonprescription 18 drugs, or for any violation of this chapter or chapter 124 , 19 124A , 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 20 Sec. 39. Section 155A.13A, subsection 3, Code 2016, is 21 amended to read as follows: 22 3. Discipline. The board may deny, suspend, or revoke a 23 nonresident pharmacy license for any violation of this section , 24 section 155A.15, subsection 2 , paragraph “a” , “b” , “d” , “e” , 25 “f” , “g” , “h” , or “i” , chapter 124 , 124A , 124B , 126 , or 205 , or 26 a rule of the board. 27 Sec. 40. Section 155A.17, subsection 2, Code 2016, is 28 amended to read as follows: 29 2. The board shall establish standards for drug wholesaler 30 licensure and may define specific types of wholesaler licenses. 31 The board may deny, suspend, or revoke a drug wholesale license 32 for failure to meet the applicable standards or for a violation 33 of the laws of this state, another state, or the United 34 States relating to prescription drugs, devices, or controlled 35 -14- LSB 5168HV (3) 86 jm/nh 14/ 21

H.F. 2309 substances, or for a violation of this chapter , chapter 124 , 1 124A , 124B , 126 , or 205 , or a rule of the board. 2 Sec. 41. Section 155A.42, subsection 4, Code 2016, is 3 amended to read as follows: 4 4. The board may deny, suspend, or revoke a limited drug and 5 device distributor’s license for failure to meet the applicable 6 standards or for a violation of the laws of this state, another 7 state, or the United States relating to prescription drugs or 8 controlled substances, or for a violation of this chapter , 9 chapter 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 10 board. 11 Sec. 42. REPEAL. Chapter 124A, Code 2016, is repealed. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to controlled substances, including by 16 enhancing the penalties for imitation controlled substances, 17 modifying the controlled substances listed in schedules I, 18 III, IV, and temporarily designating substances as controlled 19 substances. 20 TEMPORARY CONTROLLED SUBSTANCE DESIGNATION. Under current 21 law and in the bill, the board of pharmacy may designate a new 22 substance as a controlled substance, by administrative rule, 23 without the general assembly amending Code chapter 124, only 24 if the substance is designated as a controlled substance under 25 federal law. 26 If the board of pharmacy designates a substance as 27 controlled, the bill specifies that the temporary designation 28 is considered a temporary amendment to the schedules of 29 controlled substances in Code chapter 124, and if the general 30 assembly does not amend Code chapter 124 to enact the temporary 31 amendment and make the enactment effective within two years 32 from the date the temporary amendment first became effective, 33 the temporary amendment is repealed by operation of law two 34 years from the effective date of the temporary amendment. A 35 -15- LSB 5168HV (3) 86 jm/nh 15/ 21

H.F. 2309 temporary amendment repealed by operation of law is subject to 1 Code section 4.13 relating to the construction of statutes and 2 the application of a general savings provision. 3 Current law provides that if within 60 days after the next 4 general assembly convenes the general assembly has not made 5 the corresponding changes in Code chapter 124, the temporary 6 designation that the substance is a controlled substance is 7 nullified. 8 COCAINE BASE AND COCAINE. The bill increases the amounts of 9 controlled substances containing cocaine base (crack cocaine) 10 that determine the criminal penalty for certain offenses. 11 Under the bill, if a person unlawfully manufactures, delivers, 12 or possesses with the intent to deliver a controlled substance 13 containing cocaine base, or unlawfully acts with, enters into 14 a common scheme or design with, or conspires with one or more 15 persons to manufacture, deliver, or possess such a controlled 16 substance, the person commits the following offenses: a class 17 “B” felony punishable by confinement of no more than 50 years 18 and a fine of not more than $1 million if the controlled 19 substance containing cocaine base is more than 125 grams rather 20 than the current 50 grams; a class “B” felony punishable by 21 confinement of no more than 25 years and a fine of not less than 22 $5,000 but not more than $100,000 if the imitation controlled 23 substance is more than 35 grams but not more than 125 grams 24 rather than the current 10 to 50 grams; or a class “C” felony 25 punishable by a fine of not less than $1,000 but not more than 26 $50,000 if the controlled substance containing cocaine base 27 is 35 grams or less rather than the current 10 grams or less. 28 However, the bill makes it a class “D” felony for a first 29 offense violation involving less than three grams of a mixture 30 or substance which contains cocaine base. 31 The bill also makes it a class “D” felony for a first offense 32 violation involving less than three grams of the following: 33 coca leaves, except coca leaves and extracts of coca leaves 34 from which cocaine, ecgonine, and derivatives of ecgonine and 35 -16- LSB 5168HV (3) 86 jm/nh 16/ 21

H.F. 2309 their salts have been removed; cocaine, its salts, optical 1 and geometric isomers, or salts of isomers; or ecgonine, its 2 derivatives, their salts, isomers, or salts of isomers. 3 IMITATION CONTROLLED SUBSTANCES. Under current law 4 imitation controlled substances are regulated under Code 5 chapter 124A. The bill repeals Code chapter 124A and transfers 6 the regulation of imitation controlled substances to Code 7 chapter 124. The definition and designation of an imitation 8 controlled substance in Code chapter 124 remains identical 9 to the definition and designation of an imitation controlled 10 substance under current law in Code chapter 124A. 11 Under the bill and in current law, an imitation controlled 12 substance means a substance which is not a controlled substance 13 but by color, shape, size, markings, and other aspects of 14 dosage unit appearance, and packaging or other factors, appears 15 to be or resembles a controlled substance. The board of 16 pharmacy may designate a substance as an imitation controlled 17 substance pursuant to the board’s rulemaking authority and in 18 accordance with Code chapter 17A. 19 In addition, under current law and in the bill, if a 20 substance has not been designated as an imitation controlled 21 substance by the board of pharmacy and when dosage unit 22 appearance alone does not establish that a substance is an 23 imitation controlled substance, the following factors may 24 be considered in determining whether the substance is an 25 imitation controlled substance: the substance is represented 26 as having the effect of a controlled substance; the substance 27 is represented as a controlled substance or as a substitute for 28 a controlled substance because of its nature or appearance; 29 or a person receives money or other property having a value 30 substantially greater than the actual value of the substance 31 when sold. 32 Under the bill, if a person unlawfully manufactures, 33 delivers, or possesses with the intent to deliver an imitation 34 controlled substance containing any detectable amount of those 35 -17- LSB 5168HV (3) 86 jm/nh 17/ 21

H.F. 2309 substances identified in Code section 124.204(9), or unlawfully 1 acts with, enters into a common scheme or design with, or 2 conspires with one or more persons to manufacture, deliver, 3 or possess such imitation controlled substances, the person 4 commits the following offense: a class “B” felony punishable 5 by confinement of no more than 50 years and a fine of not more 6 than $1 million if the imitation controlled substance is more 7 than 10 kilograms; a class “B” felony punishable by confinement 8 of no more than 25 years and a fine of not less than $5,000 but 9 not more than $100,000 if the imitation controlled substance 10 is more than five kilograms but not more than 10 kilograms; a 11 class “C” felony punishable by a fine of not less than $1,000 12 but not more than $50,000 if the imitation controlled substance 13 is five kilograms or less; or an aggravated misdemeanor if the 14 imitation controlled substance is classified in schedule IV or 15 V; or a serious misdemeanor for a first possession offense, 16 an aggravated misdemeanor for a second possession offense, 17 or a class “D” felony for two or more previous possession 18 offenses. Current law in Code section 124A.4 provides that if 19 a person unlawfully manufactures, delivers, or possesses with 20 intent to deliver an imitation controlled substance, the person 21 commits an aggravated misdemeanor, or if the person delivers 22 to a person under 18 years of age who is at least three years 23 younger than the violator, the person commits a class “D” 24 felony. In addition, under current law, if a person unlawfully 25 and knowingly publishes an advertisement or distributes in a 26 public place a promotion for an imitation controlled substance 27 the person commits a serious misdemeanor. 28 The bill enhances the criminal penalties for controlled 29 substances classified in Code sections 124.204(4)(ai) and 30 124.204(6)(i) from an aggravated misdemeanor to a class “C” 31 felony punishable pursuant to Code section 124.401(1)(c)(8). 32 This change equalizes the criminal penalties with violations 33 involving other schedule I controlled substances. 34 The bill provides that if the same person commits two or 35 -18- LSB 5168HV (3) 86 jm/nh 18/ 21

H.F. 2309 more acts which are in violation of Code section 124.401(1) 1 and the acts occur in the same location or time period so the 2 acts are attributable to a single scheme, the acts may be 3 considered a single violation and the weights of the imitation 4 controlled substance may be combined for purposes of charging 5 the offender. 6 The amendment to Code section 124.401A provides that 7 a person who is 18 years of age or older who unlawfully 8 manufactures with the intent to distribute, distributes, 9 or possesses with the intent to distribute an imitation 10 controlled substance to another person 18 years of age or older 11 within 1,000 feet of the real property comprising a public or 12 nonpublic school, may be sentenced up to an additional term of 13 confinement of five years in addition to any other penalty. 14 The amendment to Code section 124.401B provides that 15 a person who unlawfully possesses an imitation controlled 16 substance within 1,000 feet of the real property comprising a 17 school, public park, public pool, public recreation center, or 18 marked school bus may be sentenced up to 100 hours of community 19 service. 20 The amendments to Code section 124.406 relate to the 21 distribution or possession with the intent to distribute an 22 imitation controlled substance to a person under 18 years of 23 age. A person who distributes or possesses with the intent to 24 distribute an imitation controlled substance, represented to 25 be a substance listed in schedule I or schedule II, to a person 26 under 18 years of age commits a class “B” felony. The required 27 penalty for such a violation is a minimum term of confinement 28 of 10 years if the substance was distributed within 1,000 29 feet of the real property comprising a public or nonpublic 30 school, public park, public pool, or public recreation center. 31 A person who distributes or possesses with the intent to 32 distribute an imitation controlled substance, represented to be 33 a substance listed in schedule III, to a person under 18 years 34 of age, who is at least three years younger than the violator, 35 -19- LSB 5168HV (3) 86 jm/nh 19/ 21