House File 296 - Reprinted HOUSE FILE 296 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 61) (As Amended and Passed by the House March 14, 2017 ) 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 HF 296 (2) 87 jm/nh/md

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within two years 31 from the date the temporary amendment first became effective, 32 the temporary amendment is repealed by operation of law two 33 years from the effective date of the temporary amendment.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- HF 296 (2) 87 jm/nh/md 1/ 11

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- HF 296 (2) 87 jm/nh/md 2/ 11

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- HF 296 (2) 87 jm/nh/md 3/ 11

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- HF 296 (2) 87 jm/nh/md 4/ 11

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- HF 296 (2) 87 jm/nh/md 5/ 11

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- HF 296 (2) 87 jm/nh/md 6/ 11

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- HF 296 (2) 87 jm/nh/md 7/ 11

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- HF 296 (2) 87 jm/nh/md 8/ 11

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- HF 296 (2) 87 jm/nh/md 9/ 11

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 DIVISION IV 18 ADDITIONAL CONTROLLED SUBSTANCES 19 Sec. 28. Section 124.204, subsection 9, Code 2017, is 20 amended by adding the following new paragraphs: 21 NEW PARAGRAPH . p. N-(1-phenethylpiperidin-4-yl)-N- 22 phenylfuran-2-carboxamide, its isomers, esters, ethers, salts 23 and salts of isomers, esters and ethers. Other names: Furanyl 24 fentanyl. 25 NEW PARAGRAPH . q. N-(1-phenethylpiperidin-4-yl)-N- 26 phenylbutyramide, its isomers, esters, ethers, salts and salts 27 of isomers, esters and ethers. Other names: Butyryl fentanyl. 28 NEW PARAGRAPH . r. N-[1-[2-hydroxy-2-(thiophen-2- 29 yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers, 30 esters, ethers, salts and salts of isomers, esters and ethers. 31 Other names: beta-hydroxythiofentanyl. 32 NEW PARAGRAPH . s. 3,4-Dichloro-N-[2- 33 (dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers, 34 esters, ethers, salts and salts of isomers, esters and ethers. 35 -10- HF 296 (2) 87 jm/nh/md 10/ 11