Senate File 332 - Introduced SENATE FILE 332 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1085) A BILL FOR An Act making changes to the controlled substance schedules, 1 and providing penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1287SV (2) 87 jm/nh
S.F. 332 DIVISION I 1 CONTROLLED SUBSTANCES 2 Section 1. Section 124.204, subsection 2, Code 2017, is 3 amended by adding the following new paragraph: 4 NEW PARAGRAPH . bd. AH-7921 (3,4-dichloro-N- 5 [(1-dimethylamino) cyclohexylmethyl]benzamide. 6 Sec. 2. Section 124.204, subsection 9, Code 2017, is amended 7 by adding the following new paragraphs: 8 NEW PARAGRAPH . p. N-(1-phenethylpiperidin-4-yl)-N- 9 phenylfuran-2-carboxamide, its isomers, esters, ethers, salts 10 and salts of isomers, esters and ethers. Other names: Furanyl 11 fentanyl. 12 NEW PARAGRAPH . q. N-(1-phenethylpiperidin-4-yl)-N- 13 phenylbutyramide, its isomers, esters, ethers, salts and salts 14 of isomers, esters and ethers. Other names: Butyryl fentanyl. 15 NEW PARAGRAPH . r. N-[1-[2-hydroxy-2-(thiophen-2- 16 yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers, 17 esters, ethers, salts and salts of isomers, esters and ethers. 18 Other names: beta-hydroxythiofentanyl. 19 NEW PARAGRAPH . s. 3,4-Dichloro-N-[2- 20 (dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers, 21 esters, ethers, salts and salts of isomers, esters and ethers. 22 Other names: U-47700. 23 Sec. 3. Section 124.206, subsection 2, paragraph a, 24 unnumbered paragraph 1, Code 2017, is amended to read as 25 follows: 26 Opium and opiate, and any salt, compound, derivative, 27 or preparation of opium or opiate, excluding apomorphine, 28 thebaine-derived butorphanol, dextrorphan, nalbuphine, 29 nalmefene, naloxegol, naloxone, and naltrexone, and their 30 respective salts, but including the following: 31 Sec. 4. Section 124.206, subsection 2, paragraph d, Code 32 2017, is amended to read as follows: 33 d. Coca leaves and any salt, compound, derivative, or 34 preparation of coca leaves . Decocainized coca leaves or 35 -1- LSB 1287SV (2) 87 jm/nh 1/ 5
S.F. 332 extractions of coca leaves, which extractions do not contain 1 cocaine or ecgonine, are excluded from this paragraph. The 2 following substances and their salts, optical and geometric 3 isomers, derivatives, and salts of derivatives and optical 4 and geometric isomers including cocaine and ecgonine and 5 their salts, isomers, derivatives and salts of isomers and 6 derivatives , and any salt, compound, derivative, or preparation 7 thereof that is chemically equivalent or identical to any of 8 such substances, are included in this paragraph except that the 9 substances shall not include : 10 (1) Cocaine Decocainized coca leaves or extractions of coca 11 leaves, which extractions do not contain cocaine or ecgonine . 12 (2) Ecgonine [\123\I]ioflupane . 13 Sec. 5. Section 124.206, subsection 3, Code 2017, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . ac. Thiafentanil. 16 Sec. 6. Section 124.208, subsection 5, paragraph a, 17 subparagraphs (3) and (4), Code 2017, are amended by striking 18 the subparagraphs. 19 Sec. 7. Section 124.210, subsection 2, Code 2017, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 22 (3-methoxyphenyl)cyclohexanol, its salts, optical and geometric 23 isomers and salts of these isomers (including tramadol). 24 Sec. 8. Section 124.210, subsection 3, Code 2017, is amended 25 by adding the following new paragraphs: 26 NEW PARAGRAPH . bb. Alfaxalone. 27 NEW PARAGRAPH . bc. Suvorexant. 28 Sec. 9. Section 124.210, subsection 7, Code 2017, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . c. Eluxadoline (5-[[[(2S)-2-amino-3- 31 [4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1- 32 (4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2- 33 methoxybenzoic acid) (including its optical isomers) and its 34 salts, isomers, and salts of isomers. 35 -2- LSB 1287SV (2) 87 jm/nh 2/ 5
S.F. 332 Sec. 10. Section 124.212, subsection 5, Code 2017, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . d. Brivaracetam ((2S)-2-[(4R)-2-oxo-4- 3 propylpyrrolidin-1-yl] butanamide), including its salts. Other 4 names: BRV, UCB-34714, Briviact. 5 DIVISION II 6 EFFECTIVE DATE 7 Sec. 11. EFFECTIVE UPON ENACTMENT. This Act, being deemed 8 of immediate importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill makes changes to the controlled substance 13 schedules and modifies the regulation of precursor substances. 14 DIVISION I —— CONTROLLED SUBSTANCES. The bill classifies 15 four synthetic opioids as schedule I controlled substances in 16 conformance with scheduling actions taken by the United States 17 department of justice, drug enforcement administration. The 18 bill also classifies as a schedule I controlled substance a 19 micro-opioid receptor agonist with analgesic activity similar 20 to morphine. 21 The bill classifies thiafentanil, an opioid and analogue of 22 fentanyl, as a schedule II controlled substance. 23 The bill removes hydrocodone-combination products from 24 the list of substances classified as schedule III controlled 25 substances. Currently, hydrocodone, as a single-entity 26 substance, is classified as a schedule II controlled 27 substance. The change under the bill effectively makes all 28 hydrocodone-containing products subject to the controls, 29 security, reporting, and penalty provisions for schedule II 30 controlled substances. 31 The bill removes naloxegol, a new molecular entity and 32 derivative of naloxone, from control as a schedule III 33 controlled substance. The federal food and drug administration 34 approved naloxegol for the treatment of opioid-induced 35 -3- LSB 1287SV (2) 87 jm/nh 3/ 5
S.F. 332 constipation in adults with chronic non-cancer pain. 1 The bill also removes [\123\I]ioflupane from control as 2 a schedule II controlled substance. This substance is a new 3 molecular entity and is the active pharmaceutical ingredient 4 in the drug DaTscan, approved by the federal food and drug 5 administration for use in diagnosis of patients suspected of 6 having Parkinson’s disease. 7 The bill classifies the substance commonly known as 8 tramadol, a centrally acting opioid analgesic, as a schedule 9 IV controlled substance. This substance was previously 10 marketed and distributed as a noncontrolled prescription 11 drug. Effective August 18, 2014, the federal drug enforcement 12 administration classified tramadol as a schedule IV controlled 13 substance under federal law. 14 The bill classifies alfaxalone, a neurosteroid with central 15 nervous system depressant properties, as a schedule IV 16 controlled substance. The federal food and drug administration 17 approved this intravenous injectable anesthetic for use by or 18 on the order of a licensed veterinarian. Alfaxalone is not 19 available by prescription and is approved for use in veterinary 20 practice. 21 The bill classifies suvorexant, an insomnia treatment 22 approved by the federal food and drug administration, 23 as a schedule IV controlled substance. This is a novel, 24 first-in-class, chemical substance and information on actual 25 abuse data is not available. However, data from clinical 26 studies supports the classification in schedule IV. 27 The bill classifies eluxadoline, a new entity with central 28 nervous system opioid properties approved by the federal food 29 and drug administration for the treatment of irritable bowel 30 syndrome with diarrhea, as a schedule IV controlled substance. 31 The bill classifies brivaracetam, also known as briviact 32 or BRV, as a schedule V controlled substance. Briviact is a 33 new molecular entity with central nervous system depressant 34 properties and has been approved as an add-on treatment to 35 -4- LSB 1287SV (2) 87 jm/nh 4/ 5
S.F. 332 other medications to treat partial onset seizures in patients 1 age 16 years and older with epilepsy. 2 It is a class “C” felony pursuant to Code section 3 124.401(1)(c)(8) for any unauthorized person to violate a 4 provision of Code section 124.401 involving a classified 5 substance placed on schedule I, II, or III pursuant to the 6 bill. A class “C” felony for this particular offense is 7 punishable by confinement for no more than 10 years and a fine 8 of at least $1,000 but not more than $50,000. 9 It is an aggravated misdemeanor pursuant to Code section 10 124.401(1)(d) for any unauthorized person to violate a 11 provision of Code section 124.401 involving a classified 12 substance placed on schedule IV pursuant to the bill. An 13 aggravated misdemeanor is punishable by confinement for no more 14 than two years and a fine of at least $625 but not more than 15 $6,250. 16 If a person possesses a controlled substance in violation of 17 Code section 124.401(5) as a first offense, the person commits 18 a serious misdemeanor. A serious misdemeanor is punishable by 19 confinement for no more than one year and a fine of at least 20 $315 but not more than $1,875. 21 DIVISION II —— EFFECTIVE DATE. The bill takes effect upon 22 enactment. 23 -5- LSB 1287SV (2) 87 jm/nh 5/ 5