SF 332 (LSB 1287SV (2) 87)

SENATE FILE 332

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1085)

A BILL FOR

An Act making changes to the controlled substance schedules, and providing penalties, and including effective date provisions. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
CONTROLLED SUBSTANCES

    Section 1.  Section 124.204, subsection 2, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  bd.  AH-7921 (3,4-dichloro-N-
[(1-dimethylamino) cyclohexylmethyl]benzamide.
    Sec. 2.  Section 124.204, subsection 9, Code 2017, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  p.  N-(1-phenethylpiperidin-4-yl)-N-
phenylfuran-2-carboxamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers. Other names: Furanyl fentanyl. 
   NEW PARAGRAPH.  q.  N-(1-phenethylpiperidin-4-yl)-N-
phenylbutyramide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers. Other names: Butyryl fentanyl.
   NEW PARAGRAPH.  r.  N-[1-[2-hydroxy-2-(thiophen-2-
yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers. Other names: beta-hydroxythiofentanyl.
   NEW PARAGRAPH.  s.  3,4-Dichloro-N-[2-
(dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers, esters, ethers, salts and salts of isomers, esters and ethers. Other names: U-47700. 
    Sec. 3.  Section 124.206, subsection 2, paragraph a, unnumbered paragraph 1, Code 2017, is amended to read as follows:
   Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene, naloxegol, naloxone, and naltrexone, and their respective salts, but including the following:
    Sec. 4.  Section 124.206, subsection 2, paragraph d, Code 2017, is amended to read as follows:
   d.  Coca leaves and any salt, compound, derivative, or preparation of coca leaves. Decocainized coca leaves or extractions of coca leaves, which extractions do not contain cocaine or ecgonine, are excluded from this paragraph. The following substances and their salts, optical and geometric isomers, derivatives, and salts of derivatives and optical and geometric isomers including cocaine and ecgonine and their salts, isomers, derivatives and salts of isomers and derivatives, and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical to any of such substances, are included in this paragraph except that the substances shall not include:
   (1)  Cocaine Decocainized coca leaves or extractions of coca leaves, which extractions do not contain cocaine or ecgonine.
   (2)  Ecgonine [\123\I]ioflupane.
    Sec. 5.  Section 124.206, subsection 3, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  ac.  Thiafentanil.
    Sec. 6.  Section 124.208, subsection 5, paragraph a, subparagraphs (3) and (4), Code 2017, are amended by striking the subparagraphs.
    Sec. 7.  Section 124.210, subsection 2, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  2-[(dimethylamino)methyl]-1-
(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers and salts of these isomers (including tramadol).
    Sec. 8.  Section 124.210, subsection 3, Code 2017, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  bb.  Alfaxalone.
   NEW PARAGRAPH.  bc.  Suvorexant.
    Sec. 9.  Section 124.210, subsection 7, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Eluxadoline (5-[[[(2S)-2-amino-3-
[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-
(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-
methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers.
    Sec. 10.  Section 124.212, subsection 5, Code 2017, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Brivaracetam ((2S)-2-[(4R)-2-oxo-4-
propylpyrrolidin-1-yl] butanamide), including its salts. Other names: BRV, UCB-34714, Briviact.
DIVISION II
EFFECTIVE DATE

    Sec. 11.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill makes changes to the controlled substance schedules and modifies the regulation of precursor substances.
   DIVISION I —— CONTROLLED SUBSTANCES. The bill classifies four synthetic opioids as schedule I controlled substances in conformance with scheduling actions taken by the United States department of justice, drug enforcement administration. The bill also classifies as a schedule I controlled substance a micro-opioid receptor agonist with analgesic activity similar to morphine. 
   The bill classifies thiafentanil, an opioid and analogue of fentanyl, as a schedule II controlled substance.
   The bill removes hydrocodone-combination products from the list of substances classified as schedule III controlled substances. Currently, hydrocodone, as a single-entity substance, is classified as a schedule II controlled substance. The change under the bill effectively makes all hydrocodone-containing products subject to the controls, security, reporting, and penalty provisions for schedule II controlled substances.
   The bill removes naloxegol, a new molecular entity and derivative of naloxone, from control as a schedule III controlled substance. The federal food and drug administration approved naloxegol for the treatment of opioid-induced constipation in adults with chronic non-cancer pain. 
   The bill also removes [\123\I]ioflupane from control as a schedule II controlled substance. This substance is a new molecular entity and is the active pharmaceutical ingredient in the drug DaTscan, approved by the federal food and drug administration for use in diagnosis of patients suspected of having Parkinson’s disease. 
   The bill classifies the substance commonly known as tramadol, a centrally acting opioid analgesic, as a schedule IV controlled substance. This substance was previously marketed and distributed as a noncontrolled prescription drug. Effective August 18, 2014, the federal drug enforcement administration classified tramadol as a schedule IV controlled substance under federal law.
   The bill classifies alfaxalone, a neurosteroid with central nervous system depressant properties, as a schedule IV controlled substance. The federal food and drug administration approved this intravenous injectable anesthetic for use by or on the order of a licensed veterinarian. Alfaxalone is not available by prescription and is approved for use in veterinary practice.
   The bill classifies suvorexant, an insomnia treatment approved by the federal food and drug administration, as a schedule IV controlled substance. This is a novel, first-in-class, chemical substance and information on actual abuse data is not available. However, data from clinical studies supports the classification in schedule IV. 
   The bill classifies eluxadoline, a new entity with central nervous system opioid properties approved by the federal food and drug administration for the treatment of irritable bowel syndrome with diarrhea, as a schedule IV controlled substance. 
   The bill classifies brivaracetam, also known as briviact or BRV, as a schedule V controlled substance. Briviact is a new molecular entity with central nervous system depressant properties and has been approved as an add-on treatment to other medications to treat partial onset seizures in patients age 16 years and older with epilepsy. 
   It is a class “C” felony pursuant to Code section 124.401(1)(c)(8) for any unauthorized person to violate a provision of Code section 124.401 involving a classified substance placed on schedule I, II, or III pursuant to the bill. A class “C” felony for this particular offense is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $50,000.
   It is an aggravated misdemeanor pursuant to Code section 124.401(1)(d) for any unauthorized person to violate a provision of Code section 124.401 involving a classified substance placed on schedule IV pursuant to the bill. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.
   If a person possesses a controlled substance in violation of Code section 124.401(5) as a first offense, the person commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.
   DIVISION II —— EFFECTIVE DATE. The bill takes effect upon enactment.