House
File
567
-
Reprinted
HOUSE
FILE
567
BY
COMMITTEE
ON
PUBLIC
SAFETY
(SUCCESSOR
TO
HF
279)
(As
Amended
and
Passed
by
the
House
March
17,
2015
)
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
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567
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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
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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
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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
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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
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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
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(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-FUBINACA.
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
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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
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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
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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
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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
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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,
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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
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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
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14
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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
-14-
HF
567
(4)
86
jm/rj/md
14/
14