House File 296 - Introduced HOUSE FILE 296 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 61) A BILL FOR An Act relating to controlled substances, including by 1 temporarily designating substances as controlled substances, 2 modifying the penalties for imitation controlled substances 3 and certain controlled substances, modifying the controlled 4 substances listed in schedules I, III, and IV, and providing 5 penalties. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1759HV (1) 87 jm/nh

H.F. 296 DIVISION I 1 TEMPORARY CONTROLLED SUBSTANCES 2 Section 1. Section 124.201, subsection 4, Code 2017, is 3 amended to read as follows: 4 4. If any new substance is designated as a controlled 5 substance under federal law and notice of the designation is 6 given to the board, the board shall similarly designate as 7 controlled the new substance under this chapter after the 8 expiration of thirty days from publication in the federal 9 register of a final order designating a new substance as a 10 controlled substance, unless within that thirty-day period 11 the board objects to the new designation. In that case the 12 board shall publish the reasons for objection and afford 13 all interested parties an opportunity to be heard. At 14 the conclusion of the hearing the board shall announce its 15 decision. Upon publication of objection to a new substance 16 being designated as a controlled substance under this chapter 17 by the board, control under this chapter is stayed until the 18 board publishes its decision. If a substance is designated 19 as controlled by the board under this subsection the control 20 shall be considered a temporary and if, within sixty days after 21 the next regular session of the general assembly convenes, 22 the general assembly has not made the corresponding changes 23 in this chapter , the temporary designation of control of 24 the substance by the board shall be nullified amendment to 25 the schedules of controlled substances in this chapter . If 26 the board so designates a substance as controlled, which 27 is considered a temporary amendment to the schedules of 28 controlled substances in this chapter, and if the general 29 assembly does not amend this chapter to enact the temporary 30 amendment and make the enactment effective within two years 31 from the date the temporary amendment first became effective, 32 the temporary amendment is repealed by operation of law two 33 years from the effective date of the temporary amendment. A 34 temporary amendment repealed by operation of law is subject to 35 -1- LSB 1759HV (1) 87 jm/nh 1/ 15

H.F. 296 section 4.13 relating to the construction of statutes and the 1 application of a general savings provision. 2 DIVISION II 3 IMITATION CONTROLLED SUBSTANCES 4 Sec. 2. Section 124.101, Code 2017, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 15A. “Imitation controlled substance” means 7 a substance which is not a controlled substance but which by 8 color, shape, size, markings, and other aspects of dosage unit 9 appearance, and packaging or other factors, appears to be or 10 resembles a controlled substance. The board may designate a 11 substance as an imitation controlled substance pursuant to the 12 board’s rulemaking authority and in accordance with chapter 13 17A. “Imitation controlled substance” also means any substance 14 determined to be an imitation controlled substance pursuant to 15 section 124.101B. 16 Sec. 3. NEW SECTION . 124.101B Factors indicating an 17 imitation controlled substance. 18 If a substance has not been designated as an imitation 19 controlled substance by the board and if dosage unit appearance 20 alone does not establish that a substance is an imitation 21 controlled substance, the following factors may be considered 22 in determining whether the substance is an imitation controlled 23 substance: 24 1. The person in control of the substance expressly or 25 impliedly represents that the substance has the effect of a 26 controlled substance. 27 2. The person in control of the substance expressly 28 or impliedly represents that the substance because of its 29 nature or appearance can be sold or delivered as a controlled 30 substance or as a substitute for a controlled substance. 31 3. The person in control of the substance either demands or 32 receives money or other property having a value substantially 33 greater than the actual value of the substance as consideration 34 for delivery of the substance. 35 -2- LSB 1759HV (1) 87 jm/nh 2/ 15

H.F. 296 Sec. 4. Section 124.401, subsection 1, unnumbered paragraph 1 1, Code 2017, is amended to read as follows: 2 Except as authorized by this chapter , it is unlawful for any 3 person to manufacture, deliver, or possess with the intent to 4 manufacture or deliver, a controlled substance, a counterfeit 5 substance, or a simulated controlled substance , or an imitation 6 controlled substance , or to act with, enter into a common 7 scheme or design with, or conspire with one or more other 8 persons to manufacture, deliver, or possess with the intent to 9 manufacture or deliver a controlled substance, a counterfeit 10 substance, or a simulated controlled substance , or an imitation 11 controlled substance . 12 Sec. 5. Section 124.401, subsection 1, paragraph a, 13 unnumbered paragraph 1, Code 2017, is amended to read as 14 follows: 15 Violation of this subsection , with respect to the following 16 controlled substances, counterfeit substances, or simulated 17 controlled substances , or imitation controlled substances, is a 18 class “B” felony, and notwithstanding section 902.9, subsection 19 1 , paragraph “b” , shall be punished by confinement for no 20 more than fifty years and a fine of not more than one million 21 dollars: 22 Sec. 6. Section 124.401, subsection 1, paragraph b, 23 unnumbered paragraph 1, Code 2017, is amended to read as 24 follows: 25 Violation of this subsection with respect to the following 26 controlled substances, counterfeit substances, or simulated 27 controlled substances , or imitation controlled substances is a 28 class “B” felony, and in addition to the provisions of section 29 902.9, subsection 1 , paragraph “b” , shall be punished by a 30 fine of not less than five thousand dollars nor more than one 31 hundred thousand dollars: 32 Sec. 7. Section 124.401, subsection 1, paragraph c, 33 unnumbered paragraph 1, Code 2017, is amended to read as 34 follows: 35 -3- LSB 1759HV (1) 87 jm/nh 3/ 15

H.F. 296 Violation of this subsection with respect to the following 1 controlled substances, counterfeit substances, or simulated 2 controlled substances , or imitation controlled substances is a 3 class “C” felony, and in addition to the provisions of section 4 902.9, subsection 1 , paragraph “d” , shall be punished by a 5 fine of not less than one thousand dollars nor more than fifty 6 thousand dollars: 7 Sec. 8. Section 124.401, subsection 1, paragraph c, 8 subparagraph (8), Code 2017, is amended to read as follows: 9 (8) Any other controlled substance, counterfeit substance, 10 or simulated controlled substance , or imitation controlled 11 substance classified in schedule I, II, or III, except as 12 provided in paragraph “d” . 13 Sec. 9. Section 124.401, subsection 2, Code 2017, is amended 14 to read as follows: 15 2. If the same person commits two or more acts which are in 16 violation of subsection 1 and the acts occur in approximately 17 the same location or time period so that the acts can be 18 attributed to a single scheme, plan, or conspiracy, the acts 19 may be considered a single violation and the weight of the 20 controlled substances, counterfeit substances, or simulated 21 controlled substances , or imitation controlled substances 22 involved may be combined for purposes of charging the offender. 23 Sec. 10. Section 124.401, subsection 5, unnumbered 24 paragraph 1, Code 2017, is amended to read as follows: 25 It is unlawful for any person knowingly or intentionally 26 to possess a controlled substance unless such substance was 27 obtained directly from, or pursuant to, a valid prescription 28 or order of a practitioner while acting in the course of the 29 practitioner’s professional practice, or except as otherwise 30 authorized by this chapter . Any person who violates this 31 subsection is guilty of a serious misdemeanor for a first 32 offense. A person who commits a violation of this subsection 33 and who has previously been convicted of violating this chapter 34 or chapter 124A , 124B , or 453B , or chapter 124A as it existed 35 -4- LSB 1759HV (1) 87 jm/nh 4/ 15

H.F. 296 prior to July 1, 2017, is guilty of an aggravated misdemeanor. 1 A person who commits a violation of this subsection and has 2 previously been convicted two or more times of violating this 3 chapter or chapter 124A , 124B , or 453B , or chapter 124A as it 4 existed prior to July 1, 2017, is guilty of a class “D” felony. 5 Sec. 11. Section 124.401A, Code 2017, is amended to read as 6 follows: 7 124.401A Enhanced penalty for manufacture or distribution to 8 persons on certain real property. 9 In addition to any other penalties provided in this chapter , 10 a person who is eighteen years of age or older who unlawfully 11 manufactures with intent to distribute, distributes, or 12 possesses with intent to distribute a substance or counterfeit 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, to another 16 person who is eighteen years of age or older in or on, or within 17 one thousand feet of the real property comprising a public or 18 private elementary or secondary school, public park, public 19 swimming pool, public recreation center, or on a marked school 20 bus, may be sentenced up to an additional term of confinement 21 of five years. 22 Sec. 12. Section 124.401B, Code 2017, is amended to read as 23 follows: 24 124.401B Possession of controlled substances on certain real 25 property —— additional penalty. 26 In addition to any other penalties provided in this chapter 27 or another chapter, a person who unlawfully possesses a 28 substance listed in schedule I, II, or III, or a simulated or 29 imitation controlled substance represented to be a controlled 30 substance classified in schedule I, II, or III, in or on, or 31 within one thousand feet of the real property comprising a 32 public or private elementary or secondary school, public park, 33 public swimming pool, public recreation center, or on a marked 34 school bus, may be sentenced to one hundred hours of community 35 -5- LSB 1759HV (1) 87 jm/nh 5/ 15

H.F. 296 service work for a public agency or a nonprofit charitable 1 organization. The court shall provide the offender with a 2 written statement of the terms and monitoring provisions of the 3 community service. 4 Sec. 13. Section 124.406, subsection 2, Code 2017, is 5 amended to read as follows: 6 2. A person who is eighteen years of age or older who: 7 a. Unlawfully distributes or possesses with the intent to 8 distribute a counterfeit substance listed in schedule I or II, 9 or a simulated or imitation controlled substance represented 10 to be a substance classified in schedule I or II, to a person 11 under eighteen years of age commits a class “B” felony. 12 However, if the substance was distributed in or on, or within 13 one thousand feet of, the real property comprising a public or 14 private elementary or secondary school, public park, public 15 swimming pool, public recreation center, or on a marked school 16 bus, the person shall serve a minimum term of confinement of 17 ten years. 18 b. Unlawfully distributes or possesses with intent to 19 distribute a counterfeit substance listed in schedule III, or 20 a simulated or imitation controlled substance represented to 21 be any substance listed in schedule III, to a person under 22 eighteen years of age who is at least three years younger than 23 the violator commits a class “C” felony. 24 c. Unlawfully distributes a counterfeit substance listed 25 in schedule IV or V, or a simulated or imitation controlled 26 substance represented to be a substance listed in schedule IV 27 or V, to a person under eighteen years of age who is at least 28 three years younger than the violator commits an aggravated 29 misdemeanor. 30 Sec. 14. Section 124.415, Code 2017, is amended to read as 31 follows: 32 124.415 Parental and school notification —— persons under 33 eighteen years of age. 34 A peace officer shall make a reasonable effort to identify a 35 -6- LSB 1759HV (1) 87 jm/nh 6/ 15

H.F. 296 person under the age of eighteen discovered to be in possession 1 of a controlled substance, counterfeit substance, or simulated 2 controlled substance , or imitation controlled substance in 3 violation of this chapter , and if the person is not referred 4 to juvenile court, the law enforcement agency of which the 5 peace officer is an employee shall make a reasonable attempt 6 to notify the person’s custodial parent or legal guardian 7 of such possession, whether or not the person is arrested, 8 unless the officer has reasonable grounds to believe that such 9 notification is not in the best interests of the person or will 10 endanger that person. If the person is taken into custody, 11 the peace officer shall notify a juvenile court officer who 12 shall make a reasonable effort to identify the elementary or 13 secondary school the person attends, if any, and to notify the 14 superintendent of the school district, the superintendent’s 15 designee, or the authorities in charge of the nonpublic school 16 of the taking into custody. A reasonable attempt to notify 17 the person includes but is not limited to a telephone call or 18 notice by first-class mail. 19 Sec. 15. NEW SECTION . 124.417 Imitation controlled 20 substances —— exceptions. 21 It is not unlawful under this chapter for a person registered 22 under section 124.302, to manufacture, deliver, or possess with 23 the intent to manufacture or deliver, or to act with, one or 24 more other persons to manufacture, deliver, or possess with 25 the intent to manufacture or deliver an imitation controlled 26 substance for use as a placebo by a registered practitioner in 27 the course of professional practice or research. 28 Sec. 16. Section 124.502, subsection 1, paragraph a, Code 29 2017, is amended to read as follows: 30 a. A district judge or district associate judge, within 31 the court’s jurisdiction, and upon proper oath or affirmation 32 showing probable cause, may issue warrants for the purpose of 33 conducting administrative inspections under this chapter or 34 a related rule or under chapter 124A . The warrant may also 35 -7- LSB 1759HV (1) 87 jm/nh 7/ 15

H.F. 296 permit seizures of property appropriate to the inspections. 1 For purposes of the issuance of administrative inspection 2 warrants, probable cause exists upon showing a valid public 3 interest in the effective enforcement of the statute or related 4 rules, sufficient to justify administrative inspection of the 5 area, premises, building , or conveyance in the circumstances 6 specified in the application for the warrant. 7 Sec. 17. Section 155A.6, subsection 3, Code 2017, is amended 8 to read as follows: 9 3. The board shall establish standards for 10 pharmacist-intern registration and may deny, suspend, 11 or revoke a pharmacist-intern registration for failure to meet 12 the standards or for any violation of the laws of this state, 13 another state, or the United States relating to prescription 14 drugs, controlled substances, or nonprescription drugs, or for 15 any violation of this chapter or chapter 124 , 124A , 124B , 126 , 16 147 , or 205 , or any rule of the board. 17 Sec. 18. Section 155A.6A, subsection 5, Code 2017, is 18 amended to read as follows: 19 5. The board may deny, suspend, or revoke the registration 20 of, or otherwise discipline, a registered pharmacy technician 21 for any violation of the laws of this state, another state, or 22 the United States relating to prescription drugs, controlled 23 substances, or nonprescription drugs, or for any violation of 24 this chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 25 272C , or any rule of the board. 26 Sec. 19. Section 155A.6B, subsection 5, Code 2017, is 27 amended to read as follows: 28 5. The board may deny, suspend, or revoke the registration 29 of a pharmacy support person or otherwise discipline the 30 pharmacy support person for any violation of the laws of 31 this state, another state, or the United States relating to 32 prescription drugs, controlled substances, or nonprescription 33 drugs, or for any violation of this chapter or chapter 124 , 34 124A , 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 35 -8- LSB 1759HV (1) 87 jm/nh 8/ 15

H.F. 296 Sec. 20. Section 155A.13A, subsection 5, paragraph d, Code 1 2017, is amended to read as follows: 2 d. Any violation of this chapter or chapter 124 , 124A , 124B , 3 126 , or 205 , or rule of the board. 4 Sec. 21. Section 155A.17, subsection 2, Code 2017, is 5 amended to read as follows: 6 2. The board shall establish standards for drug wholesaler 7 licensure and may define specific types of wholesaler licenses. 8 The board may deny, suspend, or revoke a drug wholesale license 9 for failure to meet the applicable standards or for a violation 10 of the laws of this state, another state, or the United 11 States relating to prescription drugs, devices, or controlled 12 substances, or for a violation of this chapter , chapter 124 , 13 124A , 124B , 126 , or 205 , or a rule of the board. 14 Sec. 22. Section 155A.42, subsection 4, Code 2017, is 15 amended to read as follows: 16 4. The board may deny, suspend, or revoke a limited drug and 17 device distributor’s license for failure to meet the applicable 18 standards or for a violation of the laws of this state, another 19 state, or the United States relating to prescription drugs or 20 controlled substances, or for a violation of this chapter , 21 chapter 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 22 board. 23 Sec. 23. REPEAL. Chapter 124A, Code 2017, is repealed. 24 DIVISION III 25 CONTROLLED SUBSTANCES —— PENALTIES 26 Sec. 24. Section 124.401, subsection 1, paragraph a, Code 27 2017, is amended by adding the following new subparagraph: 28 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 29 mixture or substance containing any detectable amount of those 30 substances identified in section 124.204, subsection 9. 31 Sec. 25. Section 124.401, subsection 1, paragraph b, Code 32 2017, is amended by adding the following new subparagraph: 33 NEW SUBPARAGRAPH . (9) More than five kilograms but not 34 more than ten kilograms of a mixture or substance containing 35 -9- LSB 1759HV (1) 87 jm/nh 9/ 15

H.F. 296 any detectable amount of those substances identified in section 1 124.204, subsection 9. 2 Sec. 26. Section 124.401, subsection 1, paragraph c, Code 3 2017, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (7A) Five kilograms or less of a 5 mixture or substance containing any detectable amount of those 6 substances identified in section 124.204, subsection 9. 7 Sec. 27. Section 124.401, subsection 1, paragraph d, Code 8 2017, is amended to read as follows: 9 d. Violation of this subsection , with respect to any other 10 controlled substances, counterfeit substances, or simulated 11 controlled substances classified in section 124.204, subsection 12 4 , paragraph “ai” , or section 124.204, subsection 6 , paragraph 13 “i” , or , or imitation controlled substances classified in 14 schedule IV or V is an aggravated misdemeanor. However, 15 violation of this subsection involving fifty kilograms or less 16 of marijuana or involving flunitrazepam is a class “D” felony. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to controlled substances, including by 21 modifying procedures relating to the temporary designation 22 of substances as controlled substances, and modifying the 23 penalties for imitation controlled substances and certain 24 controlled substances. 25 TEMPORARY CONTROLLED SUBSTANCE DESIGNATION. Under current 26 law and in the bill, the board of pharmacy may designate a new 27 substance as a controlled substance, by administrative rule, 28 without legislation amending Code chapter 124, only if the 29 substance is designated as a controlled substance under federal 30 law. 31 If the board of pharmacy designates a substance as 32 controlled, the bill specifies that the temporary designation 33 is considered a temporary amendment to the schedules of 34 controlled substances in Code chapter 124, and if the general 35 -10- LSB 1759HV (1) 87 jm/nh 10/ 15

H.F. 296 assembly does not amend Code chapter 124 to enact the temporary 1 amendment and make the enactment effective within two years 2 from the date the temporary amendment first became effective, 3 the temporary amendment is repealed by operation of law two 4 years from the effective date of the temporary amendment. A 5 temporary amendment repealed by operation of law is subject to 6 Code section 4.13 relating to the construction of statutes and 7 the application of a general savings provision. 8 Current law provides that if within 60 days after the next 9 general assembly convenes the general assembly has not made 10 the corresponding changes in Code chapter 124, the temporary 11 designation of a substance as a controlled substance is 12 nullified. 13 IMITATION CONTROLLED SUBSTANCES. Under current law, 14 imitation controlled substances are regulated under Code 15 chapter 124A. The bill repeals Code chapter 124A and transfers 16 the regulation of imitation controlled substances to Code 17 chapter 124. The definition and designation of an imitation 18 controlled substance in Code chapter 124 remains identical 19 to the definition and designation of an imitation controlled 20 substance under current law in Code chapter 124A. 21 Under the bill and in current law, an imitation controlled 22 substance means a substance which is not a controlled substance 23 but by color, shape, size, markings, and other aspects of 24 dosage unit appearance, and packaging or other factors, appears 25 to be or resembles a controlled substance. The board of 26 pharmacy may designate a substance as an imitation controlled 27 substance pursuant to the board’s rulemaking authority and in 28 accordance with Code chapter 17A. 29 In addition, under current law and in the bill, if a 30 substance has not been designated as an imitation controlled 31 substance by the board of pharmacy and when dosage unit 32 appearance alone does not establish that a substance is an 33 imitation controlled substance, the following factors may 34 be considered in determining whether the substance is an 35 -11- LSB 1759HV (1) 87 jm/nh 11/ 15

H.F. 296 imitation controlled substance: the substance is represented 1 as having the effect of a controlled substance; the substance 2 is represented as a controlled substance or as a substitute for 3 a controlled substance because of its nature or appearance; 4 or a person receives money or other property having a value 5 substantially greater than the actual value of the substance 6 when sold. 7 Under the bill, if a person unlawfully manufactures, 8 delivers, or possesses with the intent to deliver an imitation 9 controlled substance containing any detectable amount of those 10 substances identified in Code section 124.204(9), or unlawfully 11 acts with, enters into a common scheme or design with, or 12 conspires with one or more persons to manufacture, deliver, 13 or possess such imitation controlled substances, the person 14 commits the following offense: a class “B” felony punishable 15 by confinement of no more than 50 years and a fine of not more 16 than $1 million if the imitation controlled substance is more 17 than 10 kilograms; a class “B” felony punishable by confinement 18 of no more than 25 years and a fine of not less than $5,000 but 19 not more than $100,000 if the imitation controlled substance 20 is more than five kilograms but not more than 10 kilograms; a 21 class “C” felony punishable by a fine of not less than $1,000 22 but not more than $50,000 if the imitation controlled substance 23 is five kilograms or less; or an aggravated misdemeanor if the 24 imitation controlled substance is classified in schedule IV or 25 V; or a serious misdemeanor for a first possession offense, 26 an aggravated misdemeanor for a second possession offense, 27 or a class “D” felony for two or more previous possession 28 offenses. Current law in Code section 124A.4 provides that if 29 a person unlawfully manufactures, delivers, or possesses with 30 intent to deliver an imitation controlled substance, the person 31 commits an aggravated misdemeanor, or if the person delivers 32 to a person under 18 years of age who is at least three years 33 younger than the violator, the person commits a class “D” 34 felony. In addition, under current law, if a person unlawfully 35 -12- LSB 1759HV (1) 87 jm/nh 12/ 15

H.F. 296 and knowingly publishes an advertisement or distributes in a 1 public place a promotion for an imitation controlled substance 2 the person commits a serious misdemeanor. 3 The bill provides that if the same person commits two or 4 more acts which are in violation of Code section 124.401(1) 5 and the acts occur in the same location or time period so the 6 acts are attributable to a single scheme, the acts may be 7 considered a single violation and the weights of the imitation 8 controlled substance may be combined for purposes of charging 9 the offender. 10 The amendment to Code section 124.401A provides that 11 a person who is 18 years of age or older who unlawfully 12 manufactures with the intent to distribute, distributes, 13 or possesses with the intent to distribute an imitation 14 controlled substance to another person 18 years of age or older 15 within 1,000 feet of the real property comprising a public or 16 nonpublic school, may be sentenced up to an additional term of 17 confinement of five years in addition to any other penalty. 18 The amendment to Code section 124.401B provides that 19 a person who unlawfully possesses an imitation controlled 20 substance within 1,000 feet of the real property comprising a 21 school, public park, public pool, public recreation center, or 22 marked school bus may be sentenced up to 100 hours of community 23 service. 24 The amendments to Code section 124.406 relate to the 25 distribution or possession with the intent to distribute an 26 imitation controlled substance to a person under 18 years of 27 age. A person who distributes or possesses with the intent to 28 distribute an imitation controlled substance, represented to 29 be a substance listed in schedule I or schedule II, to a person 30 under 18 years of age commits a class “B” felony. The required 31 penalty for such a violation is a minimum term of confinement 32 of 10 years if the substance was distributed within 1,000 33 feet of the real property comprising a public or nonpublic 34 school, public park, public pool, or public recreation center. 35 -13- LSB 1759HV (1) 87 jm/nh 13/ 15

H.F. 296 A person who distributes or possesses with the intent to 1 distribute an imitation controlled substance, represented to be 2 a substance listed in schedule III, to a person under 18 years 3 of age, who is at least three years younger than the violator, 4 commits a class “C” felony. A person who distributes or 5 possesses with the intent to distribute an imitation controlled 6 substance, represented to be a substance listed in schedule 7 IV or schedule V, to a person under 18 years of age, who is 8 at least three years younger than the violator, commits an 9 aggravated misdemeanor. 10 The amendment to Code section 124.415 requires that a peace 11 officer make a reasonable effort to identify a person under 18 12 years of age discovered to be in possession of an imitation 13 controlled substance, and if the person is not referred to 14 juvenile court, the peace officer shall make a reasonable 15 effort to notify the person’s custodial parent of the 16 possession unless the officer has reasonable grounds to believe 17 such notification is not in the best interests of the person. 18 The bill specifies that if the person is taken into custody 19 the juvenile court officer shall make a reasonable effort to 20 identify the school of attendance and to notify the school or 21 nonpublic school of the taking into custody of the person. 22 The bill creates Code section 124.417, which is similar to 23 Code section 124A.5 repealed by the bill. A person registered 24 under Code section 124.302 does not violate the bill if the 25 person manufactures, delivers, possesses, or possesses with the 26 intent to manufacture or deliver, or acts with others to do 27 such activities, if the person uses the imitation controlled 28 substance for use as a placebo by a registered practitioner in 29 the court of professional practice or research. 30 CONTROLLED SUBSTANCES —— PENALTIES. The bill enhances the 31 criminal penalties for controlled substances classified in Code 32 sections 124.204(4)(ai) and 124.204(6)(i) from an aggravated 33 misdemeanor to a class “C” felony punishable pursuant to Code 34 section 124.401(1)(c)(8). This change equalizes the criminal 35 -14- LSB 1759HV (1) 87 jm/nh 14/ 15

H.F. 296 penalties with violations involving other schedule I controlled 1 substances. 2 The bill enhances the criminal penalties for a schedule I 3 controlled substance identified in Code section 124.204(9). 4 Under the bill, a person commits a class “B” felony punishable 5 by confinement for no more than 50 years and a fine of not more 6 than $1 million for a violation of Code section 124.401(1)(a) 7 involving more than 10 kilograms of a mixture or substance 8 containing any detectable amount of those substances identified 9 in Code section 124.204(9). A person commits a class “B” 10 felony punishable by confinement for no more than 25 years and 11 a fine of not less than $5,000 but not more than $100,000 for 12 a violation of Code section 124.401(1)(b) involving more than 13 five kilograms but not more than 10 kilograms of a mixture or 14 substance containing any detectable amount of those substances 15 identified in Code section 124.204(9). A person commits a 16 class “C” felony punishable by confinement for no more than 17 10 years and a fine of not less than $1,000 but not more than 18 $50,000 for a violation of Code section 124.401(1)(c) involving 19 five kilograms or less of a mixture or substance containing 20 any detectable amount of those substances identified in Code 21 section 124.204(9). Currently, all violations involving a 22 schedule I controlled substance identified in Code section 23 124.204(9) are punishable under Code section 124.401(1)(c)(8) 24 as a class “C” felony by confinement for no more than 10 years 25 and a fine of at least $1,000 but not more than $10,000, 26 regardless of the amount of the controlled substance involved. 27 A person who illegally possesses a controlled substance 28 commits a criminal violation which ranges in punishment from a 29 serious misdemeanor to a class “D” felony under Code section 30 124.401(5). 31 -15- LSB 1759HV (1) 87 jm/nh 15/ 15