Senate Study Bill 3004 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF PHARMACY BILL) A BILL FOR An Act making changes to the controlled substance schedules, 1 and providing penalties, and including an effective date 2 provision. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5151DP (2) 86 jm/nh
S.F. _____ H.F. _____ Section 1. Section 124.204, subsection 4, Code 2016, is 1 amended by adding the following new paragraphs: 2 NEW PARAGRAPH . al. 4-methyl-N-ethylcathinone. Other names: 3 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one. 4 NEW PARAGRAPH . am. 4-methyl-alpha- 5 pyrrolidinopropiophenone. Other names: 4-MePPP, 6 MePPP, 4-methyl-[alpha]-pyrrolidinopropiophenone, 7 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one. 8 NEW PARAGRAPH . an. Alpha-pyrrolidinopentiophenone. 9 Other names: [alpha]-PVP, [alpha]-pyrrolidinovalerophenone, 10 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one. 11 NEW PARAGRAPH . ao. Butylone. Other names: bk-MBDB, 12 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one. 13 NEW PARAGRAPH . ap. Pentedrone. Other 14 names: [alpha]-methylaminovalerophenone, 15 2-(methylamino)-1-phenylpentan-1-one. 16 NEW PARAGRAPH . aq. Pentylone. Other names: bk-MBDP, 17 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. 18 NEW PARAGRAPH . ar. 4-fluoro-N-methylcathinone. 19 Other names: 4-FMC, flephedrone, 20 1-(4-fluorophenyl)-2-(methylamino)propan-1-one. 21 NEW PARAGRAPH . as. 3-fluoro-N-methylcathinone. Other 22 names: 3-FMC, 1-(3-fluorophenyl)-2-(methylamino)propan-1-one. 23 NEW PARAGRAPH . at. Naphyrone. Other names: 24 naphthylpyrovalerone, 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) 25 pentan-1-one. 26 NEW PARAGRAPH . au. Alpha-pyrrolidinobutiophenone. Other 27 names: [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one. 28 Sec. 2. Section 124.204, subsection 9, Code 2016, is amended 29 by adding the following new paragraphs: 30 NEW PARAGRAPH . g. Quinolin-8-yl 1-pentyl-1H-indole- 31 3-carboxylate. Other names: PB-22, QUPIC. 32 NEW PARAGRAPH . h. Quinolin-8-yl 1-(5-fluoropentyl)-1H- 33 indole-3-carboxylate. Other names: 5-fluoro-PB-22, 5F-PB-22. 34 NEW PARAGRAPH . i. N-(1-amino-3-methyl-1-oxobutan-2-yl)- 35 -1- LSB 5151DP (2) 86 jm/nh 1/ 5
S.F. _____ H.F. _____ 1-(4-fluorobenzyl)-1H-indazole-3-carboxamide. Other name: 1 AB-FUBINACA. 2 NEW PARAGRAPH . j. N-(1-amino-3,3-dimethyl-1-oxobutan- 3 2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other name: 4 ADB-PINACA. 5 NEW PARAGRAPH . k. N-(1-amino-3-methyl-1-oxobutan-2-yl)- 6 1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. Other name: 7 AB-CHMINACA. 8 NEW PARAGRAPH . l. N-(1-amino-3-methyl-1-oxobutan-2-yl)- 9 1-pentyl-1H-indazole-3-carboxamide. Other name: AB-PINACA. 10 NEW PARAGRAPH . m. [1-(5-fluoropentyl)-1H-indazol-3-yl] 11 (naphthalen-1-yl)methanone. Other name: THJ-2201. 12 NEW PARAGRAPH . n. N-(1-phenethylpiperidin-4-yl)-N- 13 phenylacetamide. Other name: acetyl fentanyl. 14 NEW PARAGRAPH . o. N-(1-amino-3,3-dimethyl-1-oxobutan- 15 2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. Other 16 names: MAB-CHMINACA; ADB-CHMINACA. 17 Sec. 3. Section 124.206, subsection 2, paragraph a, 18 unnumbered paragraph 1, Code 2016, is amended to read as 19 follows: 20 Opium and opiate, and any salt, compound, derivative, 21 or preparation of opium or opiate, excluding apomorphine, 22 thebaine-derived butorphanol, dextrorphan, nalbuphine, 23 nalmefene, naloxegol, naloxone, and naltrexone, and their 24 respective salts, but including the following: 25 Sec. 4. Section 124.206, subsection 2, paragraph d, Code 26 2016, is amended to read as follows: 27 d. Coca leaves and any salt, compound, derivative, or 28 preparation of coca leaves . Decocainized coca leaves or 29 extractions of coca leaves, which extractions do not contain 30 cocaine or ecgonine, are excluded from this paragraph. The 31 following substances and their salts, optical and geometric 32 isomers, derivatives, and salts of derivatives and optical and 33 geometric isomers, and , including cocaine and ecgonine and 34 their salts, isomers, derivatives, and salts of isomers and 35 -2- LSB 5151DP (2) 86 jm/nh 2/ 5
S.F. _____ H.F. _____ derivatives, and any salt, compound, derivative, or preparation 1 thereof that is chemically equivalent or identical to any of 2 such substances, are included in this paragraph except that the 3 substances shall not include : 4 (1) Cocaine Decocainized coca leaves or extractions of coca 5 leaves, which extractions do not contain cocaine or ecgonine . 6 (2) Ecgonine [\123\I]ioflupane . 7 Sec. 5. Section 124.208, subsection 5, paragraph a, 8 subparagraphs (3) and (4), Code 2016, are amended by striking 9 the subparagraphs. 10 Sec. 6. Section 124.210, subsection 2, Code 2016, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 13 (3-methoxyphenyl)cyclohexanol, its salts, optical and geometric 14 isomers, and salts of these isomers (including tramadol). 15 Sec. 7. Section 124.210, subsection 3, Code 2016, is amended 16 by adding the following new paragraphs: 17 NEW PARAGRAPH . bb. Alfaxalone. 18 NEW PARAGRAPH . bc. Suvorexant. 19 Sec. 8. Section 124.210, subsection 7, Code 2016, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. Eluxadoline (5-[[[(2S)-2-amino- 22 3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1- 23 (4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic 24 acid) (including its optical isomers) and its salts, isomers, 25 and salts of isomers. 26 Sec. 9. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 27 immediate importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill modifies the controlled substance schedules, and 32 provides penalties. 33 The bill adds 10 synthetic cathinones and eight synthetic 34 cannabinoids and acetyl fentanyl to the list of substances 35 -3- LSB 5151DP (2) 86 jm/nh 3/ 5
S.F. _____ H.F. _____ classified as schedule I controlled substances. The board 1 of pharmacy has determined that these substances should be 2 classified as schedule I controlled substances because each 3 substance has a high potential for abuse and no accepted 4 medical use in the United States. 5 The bill removes hydrocodone-combination products from 6 the list of substances classified as schedule III controlled 7 substances. Hydrocodone, as a single-entity substance, 8 is currently classified as a schedule II controlled 9 substance. The change under the bill effectively makes all 10 hydrocodone-containing products subject to the controls, 11 security, reporting, and penalty provisions for schedule II 12 controlled substances. 13 The bill removes naloxegol, a new molecular entity and 14 derivative of naloxone, from control as a schedule III 15 controlled substance. The federal food and drug administration 16 recently approved naloxegol for the treatment of opioid-induced 17 constipation in adults with chronic noncancer pain. The bill 18 also removes [\123\I]ioflupane from control as a schedule 19 II controlled substance. This substance is a new molecular 20 entity and is the active pharmaceutical ingredient in the 21 drug DaTscan, recently approved by the federal food and drug 22 administration for use in diagnosis of patients suspected of 23 Parkinson’s disease. 24 The bill also classifies the substance commonly known as 25 tramadol, a centrally acting opioid analgesic, as a schedule 26 IV controlled substance. This substance was previously 27 marketed and distributed as a noncontrolled prescription 28 drug. Effective August 18, 2014, the federal drug enforcement 29 administration classified tramadol as a schedule IV controlled 30 substance under federal law. 31 The bill also classifies alfaxalone, a neurosteroid with 32 central nervous system depressant properties, as a schedule IV 33 controlled substance. The federal food and drug administration 34 recently approved this intravenous injectable anesthetic for 35 -4- LSB 5151DP (2) 86 jm/nh 4/ 5
S.F. _____ H.F. _____ use by or on the order of a licensed veterinarian. Alfaxalone 1 is not available by prescription and is approved for use in 2 veterinary practice. 3 The bill classifies suvorexant, a new insomnia treatment 4 approved by the federal food and drug administration, as a 5 schedule IV controlled substance. 6 The bill classifies eluxadoline, a new entity with central 7 nervous system opioid properties recently approved by the 8 federal food and drug administration for the treatment of 9 irritable bowel syndrome with diarrhea, as a schedule IV 10 controlled substance. 11 It is a class “C” felony pursuant to Code section 12 124.401(1)(c)(8) for any unauthorized person to violate a 13 provision of Code section 124.401 involving a classified 14 substance placed on schedule I, II, or III pursuant to the 15 bill. A class “C” felony for this particular offense is 16 punishable by confinement for no more than 10 years and a fine 17 of at least $1,000 but not more than $50,000. 18 It is an aggravated misdemeanor pursuant to Code section 19 124.401(1)(d) for any unauthorized person to violate a 20 provision of Code section 124.401 involving a classified 21 substance placed on schedule IV pursuant to the bill. An 22 aggravated misdemeanor is punishable by confinement for no more 23 than two years and a fine of at least $625 but not more than 24 $6,250. 25 If a person possesses a controlled substance in violation of 26 Code section 124.401(5) as a first offense, the person commits 27 a serious misdemeanor. A serious misdemeanor is punishable by 28 confinement for no more than one year and a fine of at least 29 $315 but not more than $1,875. 30 The bill takes effect upon enactment. 31 -5- LSB 5151DP (2) 86 jm/nh 5/ 5