House File 567 - Introduced HOUSE FILE 567 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HF 279) A BILL FOR An Act relating to controlled substances, including by 1 enhancing the penalties for imitation controlled substances, 2 modifying the controlled substances listed in schedules 3 I, III, and IV, and temporarily designating substances as 4 controlled substances, and providing penalties. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1434HV (3) 86 jm/rj

H.F. 567 Section 1. Section 124.101, Code 2015, 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 2015, 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 1434HV (3) 86 jm/rj 1/ 20

H.F. 567 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 2015, are amended by 33 striking the subparagraphs. 34 Sec. 5. Section 124.204, subsection 4, paragraph aj, Code 35 -2- LSB 1434HV (3) 86 jm/rj 2/ 20

H.F. 567 2015, 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 2015, 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 2015, 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 2015, 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 2015, 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 1434HV (3) 86 jm/rj 3/ 20

H.F. 567 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 2015, are 14 amended by striking the subparagraphs. 15 Sec. 11. Section 124.204, subsection 9, Code 2015, 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 1434HV (3) 86 jm/rj 4/ 20

H.F. 567 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 1434HV (3) 86 jm/rj 5/ 20

H.F. 567 (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-FUB1NACA. 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 2015, are amended by striking 26 the subparagraphs. 27 Sec. 13. Section 124.210, subsection 2, Code 2015, 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 2015, is 33 amended by adding the following new paragraphs: 34 NEW PARAGRAPH . bb. Alfaxalone. 35 -6- LSB 1434HV (3) 86 jm/rj 6/ 20

H.F. 567 NEW PARAGRAPH . bc. Suvorexant. 1 Sec. 15. Section 124.401, subsection 1, unnumbered 2 paragraph 1, Code 2015, 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 2015, 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, Code 24 2015, is amended by adding the following new subparagraph: 25 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 26 mixture or substance containing any detectable amount of those 27 substances identified in section 124.204, subsection 9. 28 Sec. 18. Section 124.401, subsection 1, paragraph b, 29 unnumbered paragraph 1, Code 2015, is amended to read as 30 follows: 31 Violation of this subsection with respect to the following 32 controlled substances, counterfeit substances, or simulated 33 controlled substances , or imitation controlled substances is a 34 class “B” felony, and in addition to the provisions of section 35 -7- LSB 1434HV (3) 86 jm/rj 7/ 20

H.F. 567 902.9, subsection 1, paragraph “b” , shall be punished by a 1 fine of not less than five thousand dollars nor more than one 2 hundred thousand dollars: 3 Sec. 19. Section 124.401, subsection 1, paragraph b, Code 4 2015, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (9) More than five kilograms but not 6 more than ten kilograms of a mixture or substance containing 7 any detectable amount of those substances identified in section 8 124.204, subsection 9. 9 Sec. 20. Section 124.401, subsection 1, paragraph c, 10 unnumbered paragraph 1, Code 2015, is amended to read as 11 follows: 12 Violation of this subsection with respect to the following 13 controlled substances, counterfeit substances, or simulated 14 controlled substances , or imitation controlled substances is a 15 class “C” felony, and in addition to the provisions of section 16 902.9, subsection 1, paragraph “d” , shall be punished by a 17 fine of not less than one thousand dollars nor more than fifty 18 thousand dollars: 19 Sec. 21. Section 124.401, subsection 1, paragraph c, Code 20 2015, is amended by adding the following new subparagraph: 21 NEW SUBPARAGRAPH . (8) Five kilograms or less of a mixture 22 or substance containing any detectable amount of those 23 substances identified in section 124.204, subsection 9. 24 Sec. 22. Section 124.401, subsection 1, paragraph c, 25 subparagraph (8), Code 2015, is amended to read as follows: 26 (8) (9) Any other controlled substance, counterfeit 27 substance, or simulated controlled substance , or imitation 28 substance classified in schedule I, II, or III, except as 29 provided in paragraph “d” . 30 Sec. 23. Section 124.401, subsection 1, paragraph d, Code 31 2015, is amended to read as follows: 32 d. Violation of this subsection , with respect to any other 33 controlled substances, counterfeit substances, or simulated 34 controlled substances classified in section 124.204, subsection 35 -8- LSB 1434HV (3) 86 jm/rj 8/ 20

H.F. 567 4, paragraph “ai” , or section 124.204, subsection 6 , paragraph 1 “i” , or , or imitation controlled substances classified in 2 schedule IV or V is an aggravated misdemeanor. However, 3 violation of this subsection involving fifty kilograms or less 4 of marijuana or involving flunitrazepam is a class “D” felony. 5 Sec. 24. Section 124.401, subsection 2, Code 2015, is 6 amended to read as follows: 7 2. If the same person commits two or more acts which are in 8 violation of subsection 1 and the acts occur in approximately 9 the same location or time period so that the acts can be 10 attributed to a single scheme, plan, or conspiracy, the acts 11 may be considered a single violation and the weight of the 12 controlled substances, counterfeit substances, or simulated 13 controlled substances , or imitation controlled substances 14 involved may be combined for purposes of charging the offender. 15 Sec. 25. Section 124.401, subsection 5, unnumbered 16 paragraph 1, Code 2015, is amended to read as follows: 17 It is unlawful for any person knowingly or intentionally 18 to possess a controlled substance unless such substance was 19 obtained directly from, or pursuant to, a valid prescription 20 or order of a practitioner while acting in the course of the 21 practitioner’s professional practice, or except as otherwise 22 authorized by this chapter . Any person who violates this 23 subsection is guilty of a serious misdemeanor for a first 24 offense. A person who commits a violation of this subsection 25 and who has previously been convicted of violating this chapter 26 or chapter 124A , 124B , or 453B , or chapter 124A as it existed 27 prior to July 1, 2015, is guilty of an aggravated misdemeanor. 28 A person who commits a violation of this subsection and has 29 previously been convicted two or more times of violating this 30 chapter or chapter 124A , 124B , or 453B is guilty of a class “D” 31 felony. 32 Sec. 26. Section 124.401A, Code 2015, is amended to read as 33 follows: 34 124.401A Enhanced penalty for manufacture or distribution to 35 -9- LSB 1434HV (3) 86 jm/rj 9/ 20

H.F. 567 persons on certain real property. 1 In addition to any other penalties provided in this chapter , 2 a person who is eighteen years of age or older who unlawfully 3 manufactures with intent to distribute, distributes, or 4 possesses with intent to distribute a substance or counterfeit 5 substance listed in schedule I, II, or III, or a simulated or 6 imitation controlled substance represented to be a controlled 7 substance classified in schedule I, II, or III, to another 8 person who is eighteen years of age or older in or on, or within 9 one thousand feet of the real property comprising a public or 10 private elementary or secondary school, public park, public 11 swimming pool, public recreation center, or on a marked school 12 bus, may be sentenced up to an additional term of confinement 13 of five years. 14 Sec. 27. Section 124.401B, Code 2015, is amended to read as 15 follows: 16 124.401B Possession of controlled substances on certain real 17 property —— additional penalty. 18 In addition to any other penalties provided in this chapter 19 or another chapter, a person who unlawfully possesses a 20 substance listed in schedule I, II, or III, or a simulated or 21 imitation controlled substance represented to be a controlled 22 substance classified in schedule I, II, or III, in or on, or 23 within one thousand feet of the real property comprising a 24 public or private elementary or secondary school, public park, 25 public swimming pool, public recreation center, or on a marked 26 school bus, may be sentenced to one hundred hours of community 27 service work for a public agency or a nonprofit charitable 28 organization. The court shall provide the offender with a 29 written statement of the terms and monitoring provisions of the 30 community service. 31 Sec. 28. Section 124.406, subsection 2, Code 2015, is 32 amended to read as follows: 33 2. A person who is eighteen years of age or older who: 34 a. Unlawfully distributes or possesses with the intent to 35 -10- LSB 1434HV (3) 86 jm/rj 10/ 20

H.F. 567 distribute a counterfeit substance listed in schedule I or II, 1 or a simulated or imitation controlled substance represented 2 to be a substance classified in schedule I or II, to a person 3 under eighteen years of age commits a class “B” felony. 4 However, if the substance was distributed in or on, or within 5 one thousand feet of, the real property comprising a public or 6 private elementary or secondary school, public park, public 7 swimming pool, public recreation center, or on a marked school 8 bus, the person shall serve a minimum term of confinement of 9 ten years. 10 b. Unlawfully distributes or possesses with intent to 11 distribute a counterfeit substance listed in schedule III, or 12 a simulated or imitation controlled substance represented to 13 be any substance listed in schedule III, to a person under 14 eighteen years of age who is at least three years younger than 15 the violator commits a class “C” felony. 16 c. Unlawfully distributes a counterfeit substance listed 17 in schedule IV or V, or a simulated or imitation controlled 18 substance represented to be a substance listed in schedule IV 19 or V, to a person under eighteen years of age who is at least 20 three years younger than the violator commits an aggravated 21 misdemeanor. 22 Sec. 29. Section 124.415, Code 2015, is amended to read as 23 follows: 24 124.415 Parental and school notification —— persons under 25 eighteen years of age. 26 A peace officer shall make a reasonable effort to identify a 27 person under the age of eighteen discovered to be in possession 28 of a controlled substance, counterfeit substance, or simulated 29 controlled substance , or imitation controlled substance in 30 violation of this chapter , and if the person is not referred 31 to juvenile court, the law enforcement agency of which the 32 peace officer is an employee shall make a reasonable attempt 33 to notify the person’s custodial parent or legal guardian 34 of such possession, whether or not the person is arrested, 35 -11- LSB 1434HV (3) 86 jm/rj 11/ 20

H.F. 567 unless the officer has reasonable grounds to believe that such 1 notification is not in the best interests of the person or will 2 endanger that person. If the person is taken into custody, 3 the peace officer shall notify a juvenile court officer who 4 shall make a reasonable effort to identify the elementary or 5 secondary school the person attends, if any, and to notify the 6 superintendent of the school district, the superintendent’s 7 designee, or the authorities in charge of the nonpublic school 8 of the taking into custody. A reasonable attempt to notify 9 the person includes but is not limited to a telephone call or 10 notice by first-class mail. 11 Sec. 30. NEW SECTION . 124.417 Imitation controlled 12 substances —— exceptions. 13 It is not unlawful under this chapter for a person registered 14 under section 124.302, to manufacture, deliver, or possess with 15 the intent to manufacture or deliver, or to act with, one or 16 more other persons to manufacture, deliver, or possess with 17 the intent to manufacture or deliver an imitation controlled 18 substance for use as a placebo by a registered practitioner in 19 the course of professional practice or research. 20 Sec. 31. Section 124.502, subsection 1, paragraph a, Code 21 2015, is amended to read as follows: 22 a. A district judge or district associate judge, within 23 the court’s jurisdiction, and upon proper oath or affirmation 24 showing probable cause, may issue warrants for the purpose of 25 conducting administrative inspections under this chapter or 26 a related rule or under chapter 124A . The warrant may also 27 permit seizures of property appropriate to the inspections. 28 For purposes of the issuance of administrative inspection 29 warrants, probable cause exists upon showing a valid public 30 interest in the effective enforcement of the statute or related 31 rules, sufficient to justify administrative inspection of the 32 area, premises, building , or conveyance in the circumstances 33 specified in the application for the warrant. 34 Sec. 32. Section 155A.6, subsection 3, Code 2015, is amended 35 -12- LSB 1434HV (3) 86 jm/rj 12/ 20

H.F. 567 to read as follows: 1 3. The board shall establish standards for 2 pharmacist-intern registration and may deny, suspend, 3 or revoke a pharmacist-intern registration for failure to meet 4 the standards or for any violation of the laws of this state, 5 another state, or the United States relating to prescription 6 drugs, controlled substances, or nonprescription drugs, or for 7 any violation of this chapter or chapter 124 , 124A , 124B , 126 , 8 147 , or 205 , or any rule of the board. 9 Sec. 33. Section 155A.6A, subsection 5, Code 2015, is 10 amended to read as follows: 11 5. The board may deny, suspend, or revoke the registration 12 of, or otherwise discipline, a registered pharmacy technician 13 for any violation of the laws of this state, another state, or 14 the United States relating to prescription drugs, controlled 15 substances, or nonprescription drugs, or for any violation of 16 this chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 17 272C , or any rule of the board. 18 Sec. 34. Section 155A.6B, subsection 5, Code 2015, is 19 amended to read as follows: 20 5. The board may deny, suspend, or revoke the registration 21 of a pharmacy support person or otherwise discipline the 22 pharmacy support person for any violation of the laws of 23 this state, another state, or the United States relating to 24 prescription drugs, controlled substances, or nonprescription 25 drugs, or for any violation of this chapter or chapter 124 , 26 124A , 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 27 Sec. 35. Section 155A.13A, subsection 3, Code 2015, is 28 amended to read as follows: 29 3. Discipline. The board may deny, suspend, or revoke a 30 nonresident pharmacy license for any violation of this section , 31 section 155A.15, subsection 2 , paragraph “a” , “b” , “d” , “e” , 32 “f” , “g” , “h” , or “i” , chapter 124 , 124A , 124B , 126 , or 205 , or 33 a rule of the board. 34 Sec. 36. Section 155A.17, subsection 2, Code 2015, is 35 -13- LSB 1434HV (3) 86 jm/rj 13/ 20

H.F. 567 amended to read as follows: 1 2. The board shall establish standards for drug wholesaler 2 licensure and may define specific types of wholesaler licenses. 3 The board may deny, suspend, or revoke a drug wholesale license 4 for failure to meet the applicable standards or for a violation 5 of the laws of this state, another state, or the United 6 States relating to prescription drugs, devices, or controlled 7 substances, or for a violation of this chapter , chapter 124 , 8 124A , 124B , 126 , or 205 , or a rule of the board. 9 Sec. 37. Section 155A.42, subsection 4, Code 2015, is 10 amended to read as follows: 11 4. The board may deny, suspend, or revoke a limited drug and 12 device distributor’s license for failure to meet the applicable 13 standards or for a violation of the laws of this state, another 14 state, or the United States relating to prescription drugs or 15 controlled substances, or for a violation of this chapter , 16 chapter 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 17 board. 18 Sec. 38. REPEAL. Chapter 124A, Code 2015, is repealed. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to controlled substances, including by 23 enhancing the penalties for imitation controlled substances, 24 modifying the controlled substances listed in schedules I, 25 III, IV, and temporarily designating substances as controlled 26 substances. 27 TEMPORARY CONTROLLED SUBSTANCE DESIGNATION. Under current 28 law and in the bill, the board of pharmacy may designate a new 29 substance as a controlled substance, by administrative rule, 30 without the general assembly amending Code chapter 124, only 31 if the substance is designated as a controlled substance under 32 federal law. 33 If the board of pharmacy designates a substance as 34 controlled, the bill specifies that the temporary designation 35 -14- LSB 1434HV (3) 86 jm/rj 14/ 20

H.F. 567 is considered a temporary amendment to the schedules of 1 controlled substances in Code chapter 124, and if the general 2 assembly does not amend Code chapter 124 to enact the temporary 3 amendment and make the enactment effective within two years 4 from the date the temporary amendment first became effective, 5 the temporary amendment is repealed by operation of law two 6 years from the effective date of the temporary amendment. A 7 temporary amendment repealed by operation of law is subject to 8 Code section 4.13 relating to the construction of statutes and 9 the application of a general savings provision. 10 Current law provides that if within 60 days after the next 11 general assembly convenes the general assembly has not made 12 the corresponding changes in Code chapter 124, the temporary 13 designation that the substance is a controlled substance is 14 nullified. 15 IMITATION CONTROLLED SUBSTANCES. Under current law 16 imitation controlled substances are regulated under Code 17 chapter 124A. The bill repeals Code chapter 124A and transfers 18 the regulation of imitation controlled substances to Code 19 chapter 124. The definition and designation of an imitation 20 controlled substance in Code chapter 124 remains identical 21 to the definition and designation of an imitation controlled 22 substance under current law in Code chapter 124A. 23 Under the bill and in current law, an imitation controlled 24 substance means a substance which is not a controlled substance 25 but by color, shape, size, markings, and other aspects of 26 dosage unit appearance, and packaging or other factors, appears 27 to be or resembles a controlled substance. The board of 28 pharmacy may designate a substance as an imitation controlled 29 substance pursuant to the board’s rulemaking authority and in 30 accordance with Code chapter 17A. 31 In addition, under current law and in the bill, if a 32 substance has not been designated as an imitation controlled 33 substance by the board of pharmacy and when dosage unit 34 appearance alone does not establish that a substance is an 35 -15- LSB 1434HV (3) 86 jm/rj 15/ 20

H.F. 567 imitation controlled substance, the following factors may 1 be considered in determining whether the substance is an 2 imitation controlled substance: the substance is represented 3 as having the effect of a controlled substance; the substance 4 is represented as a controlled substance or as a substitute for 5 a controlled substance because of its nature or appearance; 6 or a person receives money or other property having a value 7 substantially greater than the actual value of the substance 8 when sold. 9 Under the bill, if a person unlawfully manufactures, 10 delivers, or possesses with the intent to deliver an imitation 11 controlled substance containing any detectable amount of those 12 substances identified in Code section 124.204(9), or unlawfully 13 acts with, enters into a common scheme or design with, or 14 conspires with one or more persons to manufacture, deliver, 15 or possess such imitation controlled substances, the person 16 commits the following offense: a class “B” felony punishable 17 by confinement of no more than 50 years and a fine of not more 18 than $1 million if the imitation controlled substance is more 19 than 10 kilograms; a class “B” felony punishable by confinement 20 of no more than 25 years and a fine of not less than $5,000 but 21 not more than $100,000 if the imitation controlled substance 22 is more than five kilograms but not more than 10 kilograms; a 23 class “C” felony punishable by a fine of not less than $1,000 24 but not more than $50,000 if the imitation controlled substance 25 is five kilograms or less; or an aggravated misdemeanor if the 26 imitation controlled substance is classified in schedule IV 27 or V. Current law in Code section 124A.4 provides that if a 28 person unlawfully manufactures, delivers, or possesses with 29 intent to deliver an imitation controlled substance, the person 30 commits an aggravated misdemeanor, or if the person delivers 31 to a person under 18 years of age who is at least three years 32 younger than the violator, the person commits a class “D” 33 felony. In addition, under current law, if a person unlawfully 34 and knowingly publishes an advertisement or distributes in a 35 -16- LSB 1434HV (3) 86 jm/rj 16/ 20

H.F. 567 public place a promotion for an imitation controlled substance 1 the person commits a serious misdemeanor. 2 The bill enhances the criminal penalties for controlled 3 substances classified in Code sections 124.204(4)(ai) and 4 124.204(6)(i) from an aggravated misdemeanor to a class “C” 5 felony punishable pursuant to Code section 124.401(1)(c)(8). 6 This change equalizes the criminal penalties with violations 7 involving other schedule I controlled substances. 8 The bill provides that if the same person commits two or 9 more acts which are in violation of Code section 124.401(1) 10 and the acts occur in the same location or time period so the 11 acts are attributable to a single scheme, the acts may be 12 considered a single violation and the weights of the imitation 13 controlled substance may be combined for purposes of charging 14 the offender. 15 The amendment to Code section 124.401A provides that 16 a person who is 18 years of age or older who unlawfully 17 manufactures with the intent to distribute, distributes, 18 or possesses with the intent to distribute an imitation 19 controlled substance to another person 18 years of age or older 20 within 1,000 feet of the real property comprising a public or 21 nonpublic school, may be sentenced up to an additional term of 22 confinement of five years in addition to any other penalty. 23 The amendment to Code section 124.401B provides that 24 a person who unlawfully possesses an imitation controlled 25 substance within 1,000 feet of the real property comprising a 26 school, public park, public pool, public recreation center, or 27 marked school bus may be sentenced up to 100 hours of community 28 service. 29 The amendments to Code section 124.406 relate to the 30 distribution or possession with the intent to distribute an 31 imitation controlled substance to a person under 18 years of 32 age. A person who distributes or possesses with the intent to 33 distribute an imitation controlled substance, represented to 34 be a substance listed in schedule I or schedule II, to a person 35 -17- LSB 1434HV (3) 86 jm/rj 17/ 20

H.F. 567 under 18 years of age commits a class “B” felony. The required 1 penalty for such a violation is a minimum term of confinement 2 of 10 years if the substance was distributed within 1,000 3 feet of the real property comprising a public or nonpublic 4 school, public park, public pool, or public recreation center. 5 A person who distributes or possesses with the intent to 6 distribute an imitation controlled substance, represented to be 7 a substance listed in schedule III, to a person under 18 years 8 of age, who is at least three years younger than the violator, 9 commits a class “C” felony. A person who distributes or 10 possesses with the intent to distribute an imitation controlled 11 substance, represented to be a substance listed in schedule 12 IV or schedule V, to a person under 18 years of age, who is 13 at least three years younger than the violator, commits an 14 aggravated misdemeanor. 15 The amendment to Code section 124.415 requires that a peace 16 officer make a reasonable effort to identify a person under 18 17 years of age discovered to be in possession of an imitation 18 controlled substance, and if the person is not referred to 19 juvenile court, the peace officer shall make a reasonable 20 effort to notify the person’s custodial parent of the 21 possession unless the officer has reasonable grounds to believe 22 such notification is not in the best interests of the person. 23 The bill specifies that if the person is taken into custody 24 the juvenile court officer shall make a reasonable effort to 25 identify the school of attendance and to notify the school or 26 nonpublic school of the taking into custody of the person. 27 The bill creates Code section 124.417, which is similar to 28 Code section 124A.5 repealed by the bill. A person registered 29 under Code section 124.302 does not violate the bill if the 30 person manufactures, delivers, possesses, or possesses with the 31 intent to manufacture or deliver, or acts with others to do 32 such activities, if the person uses the imitation controlled 33 substance for use as a placebo by a registered practitioner in 34 the court of professional practice or research. 35 -18- LSB 1434HV (3) 86 jm/rj 18/ 20

H.F. 567 SCHEDULE I, III, AND IV CONTROLLED SUBSTANCES. The bill 1 transfers numerous substances classified as “hallucinogenic 2 substances” under schedule I and reclassifies the substances 3 as “other substances” under schedule I. By transferring the 4 substances to “other substances”, a person commits a class “C” 5 felony under Code section 124.401(1)(c)(8) if the violation 6 involves such a substance. Under current law, a person commits 7 an aggravated misdemeanor under Code section 124.401(1)(d) when 8 committing such violations. 9 The bill adds new substances as “hallucinogenic substances” 10 under schedule I. A person commits a class “C” felony under 11 Code section 124.401(1)(c)(8) if the violation involves the new 12 hallucinogenic substances. 13 The bill adds new substances as “stimulants” under schedule 14 I. A person commits a class “C” felony under Code section 15 124.401(1)(c)(8) if the violation involves the new stimulant 16 substances. 17 The bill also adds new substances to the classification of 18 “other substances” under schedule I. A person commits a class 19 “C” felony under Code section 124.401(1)(c)(8) for a violation 20 involving the new substances. 21 The bill strikes one substance classified as a 22 “hallucinogenic substance” under schedule I and reclassifies 23 the substance as a “stimulant” containing a synthetic cathinone 24 under schedule I. The transfer of the substance within 25 schedule I also changes the criminal penalty for a violation 26 involving the substance from a class “C” felony under Code 27 section 124.401(1)(c)(8) to an aggravated misdemeanor under 28 Code section 124.401(1)(d). The bill also strikes a substance 29 in Code section 124.204(6)(i)(3) from schedule I and does not 30 reclassify the substance in any other substance schedule. 31 The bill also removes numerous substances from schedule I 32 which are currently classified as “stimulants” in Code section 33 124.204(6)(i). 34 The bill also strikes two narcotic substances from schedule 35 -19- LSB 1434HV (3) 86 jm/rj 19/ 20