Senate Amendment to House File 567 H-1340 Amend House File 567, as amended, passed, and 1 reprinted by the House, as follows: 2 1. By striking page 1, line 1, through page 14, 3 line 19, and inserting: 4 < Section 1. Section 124.101, Code 2015, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION . 15A. “Imitation controlled 7 substance” means a substance which is not a controlled 8 substance but which by color, shape, size, markings, 9 and other aspects of dosage unit appearance, and 10 packaging or other factors, appears to be or resembles 11 a controlled substance. The board of pharmacy may 12 designate a substance as an imitation controlled 13 substance pursuant to the board’s rulemaking authority 14 and in accordance with chapter 17A. “Imitation 15 controlled substance” also means any substance 16 determined to be an imitation controlled substance 17 pursuant to section 124.101B. 18 Sec. ___. NEW SECTION . 124.101B Factors indicating 19 an imitation controlled substance. 20 If a substance has not been designated as an 21 imitation controlled substance by the board of pharmacy 22 and if dosage unit appearance alone does not establish 23 that a substance is an imitation controlled substance, 24 the following factors may be considered in determining 25 whether the substance is an imitation controlled 26 substance: 27 1. The person in control of the substance expressly 28 or impliedly represents that the substance has the 29 effect of a controlled substance. 30 2. The person in control of the substance expressly 31 or impliedly represents that the substance because 32 of its nature or appearance can be sold or delivered 33 as a controlled substance or as a substitute for a 34 controlled substance. 35 3. The person in control of the substance either 36 demands or receives money or other property having a 37 value substantially greater than the actual value of 38 the substance as consideration for delivery of the 39 substance. 40 Sec. ___. Section 124.201, subsection 4, Code 2015, 41 is amended to read as follows: 42 4. If any new substance is designated as a 43 controlled substance under federal law and notice of 44 the designation is given to the board, the board shall 45 similarly designate as controlled the new substance 46 under this chapter after the expiration of thirty days 47 from publication in the federal register of a final 48 order designating a new substance as a controlled 49 substance, unless within that thirty-day period the 50 -1- HF567.1748.S (2) 86 jh 1/ 15 #1.

board objects to the new designation. In that case 1 the board shall publish the reasons for objection and 2 afford all interested parties an opportunity to be 3 heard. At the conclusion of the hearing the board 4 shall announce its decision. Upon publication of 5 objection to a new substance being designated as a 6 controlled substance under this chapter by the board, 7 control under this chapter is stayed until the board 8 publishes its decision. If a substance is designated 9 as controlled by the board under this subsection the 10 control shall be considered a temporary and if, within 11 sixty days after the next regular session of the 12 general assembly convenes, the general assembly has not 13 made the corresponding changes in this chapter , the 14 temporary designation of control of the substance by 15 the board shall be nullified amendment to the schedules 16 of controlled substances in this chapter . If the 17 board so designates a substance as controlled, which 18 is considered a temporary amendment to the schedules 19 of controlled substances in this chapter, and if 20 the general assembly does not amend this chapter to 21 enact the temporary amendment and make the enactment 22 effective within two years from the date the temporary 23 amendment first became effective, the temporary 24 amendment is repealed by operation of law two years 25 from the effective date of the temporary amendment. A 26 temporary amendment repealed by operation of law is 27 subject to section 4.13 relating to the construction 28 of statutes and the application of a general savings 29 provision. 30 Sec. ___. Section 124.204, subsection 4, paragraphs 31 m and u, Code 2015, are amended by striking the 32 paragraphs. 33 Sec. ___. Section 124.204, subsection 4, paragraph 34 ai, subparagraphs (3), (4), and (5), Code 2015, are 35 amended by striking the subparagraphs. 36 Sec. ___. Section 124.204, subsection 4, paragraph 37 aj, Code 2015, is amended by striking the paragraph and 38 inserting in lieu thereof the following: 39 aj. 5-methoxy-N,N-dimethyltryptamine. 40 Some trade or other names: 41 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT. 42 Sec. ___. Section 124.204, subsection 4, paragraph 43 ak, Code 2015, is amended by striking the paragraph and 44 inserting in lieu thereof the following: 45 ak. 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine 46 (2C-E). 47 Sec. ___. Section 124.204, subsection 4, Code 2015, 48 is amended by adding the following new paragraphs: 49 NEW PARAGRAPH . al. 2-(2,5-Dimethoxy-4- 50 -2- HF567.1748.S (2) 86 jh 2/ 15

methylphenyl)ethanamine (2C-D). 1 NEW PARAGRAPH . am. 2-(4-Chloro-2,5- 2 dimethoxyphenyl)ethanamine (2C-C). 3 NEW PARAGRAPH . an. 2-(4-Iodo-2,5- 4 dimethoxyphenyl)ethanamine (2C-I). 5 NEW PARAGRAPH . ao. 2-[4-(Ethylthio)-2,5- 6 dimethoxyphenyl]ethanamine (2C-T-2). 7 NEW PARAGRAPH . ap. 2-[4-(Isopropylthio)-2,5- 8 dimethoxyphenyl]ethanamine (2C-T-4). 9 NEW PARAGRAPH . aq. 2-(2,5-Dimethoxyphenyl) 10 ethanamine (2C-H). 11 NEW PARAGRAPH . ar. 2-(2,5-Dimethoxy-4- 12 nitrophenyl)ethanamine (2C-N). 13 NEW PARAGRAPH . as. 2-(2,5-Dimethoxy-4-(n)- 14 propylphenyl)ethanamine (2C-P). 15 Sec. ___. Section 124.204, subsection 6, paragraph 16 i, subparagraph (3), Code 2015, is amended by striking 17 the subparagraph and inserting in lieu thereof the 18 following: 19 (3) 3,4-Methylenedioxy-N-methylcathinone 20 (methylone). 21 Sec. ___. Section 124.204, subsection 6, paragraph 22 i, subparagraphs (18), (19), (20), (21), and (22), Code 23 2015, are amended by striking the subparagraphs and 24 inserting in lieu thereof the following: 25 (18) 4-methyl-N-ethylcathinone. Other names: 26 4-MEC, 2-(ethylamino)-1-(4-methylphenyl)propan-1-one. 27 (19) 4-methyl-alpha6 pyrrolidinopropiophenone. 28 Other names: 4-MePPP, MePPP, 29 4-methyl-[alpha]-pyrrolidinopropiophenone, 8 30 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one. 31 (20) Pentedrone. Other names: 32 [alpha]-methylaminovalerophenone, 33 2-(methylamino)-1-phenylpentan-1-one. 34 (21) Pentylone. Other names: bk-MBDP, 35 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. 36 (22) Alpha-pyrrolidinobutiophenone. Other names: 37 [alpha]-PBP, 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one. 38 Sec. ___. Section 124.204, subsection 6, paragraph 39 i, subparagraphs (23), (24), (25), and (26), Code 2015, 40 are amended by striking the subparagraphs. 41 Sec. ___. Section 124.204, subsection 7, Code 2015, 42 is amended by striking the subsection. 43 Sec. ___. Section 124.204, subsection 9, Code 2015, 44 is amended by adding the following new paragraphs: 45 NEW PARAGRAPH . 0a. HU-210. 46 [(6aR,10aR)-9-(hydroxymethyl)- 47 6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a- 48 tetrahydrobenzo[c] chromen-1-ol)]. 49 NEW PARAGRAPH . 00a. HU-211(dexanabinol, 50 -3- HF567.1748.S (2) 86 jh 3/ 15

(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- 1 methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] 2 chromen-1-ol). 3 NEW PARAGRAPH . 000a. Unless specifically exempted 4 or unless listed in another schedule, any material, 5 compound, mixture, or preparation which contains any 6 quantity of cannabimimetic agents, or which contains 7 their salts, isomers, and salts of isomers whenever the 8 existence of such salts, isomers, and salts of isomers 9 is possible within the specific chemical designation. 10 (1) The term “cannabimimetic agents” means any 11 substance that is a cannabinoid receptor type 1 (CB1 12 receptor) agonist as demonstrated by binding studies 13 and functional assays within any of the following 14 structural classes: 15 (a) 2-(3-hydroxycyclohexyl)phenol with substitution 16 at the 5-position of the phenolic ring by alkyl or 17 alkenyl, whether or not substituted on the cyclohexyl 18 ring to any extent. 19 (b) 3-(1-naphthoyl)indole or 20 3-(1-naphthylmethane)indole by substitution at the 21 nitrogen atom of the indole ring, whether or not 22 further substituted on the indole ring to any extent, 23 whether or not substituted on the naphthoyl or naphthyl 24 ring to any extent. 25 (c) 3-(1-naphthoyl)pyrrole by substitution at the 26 nitrogen atom of the pyrrole ring, whether or not 27 further substituted in the pyrrole ring to any extent, 28 whether or not substituted on the naphthoyl ring to any 29 extent. 30 (d) 1-(1-naphthylmethylene)indene by substitution 31 of the 3-position of the indene ring, whether or not 32 further substituted in the indene ring to any extent, 33 whether or not substituted on the naphthyl ring to any 34 extent. 35 (e) 3-phenylacetylindole or 3-benzoylindole by 36 substitution at the nitrogen atom of the indole ring, 37 whether or not further substituted in the indole ring 38 to any extent, whether or not substituted on the phenyl 39 ring to any extent. 40 (2) Such terms include: 41 (a) CP 47,497 and homologues 42 5-(1,1-dimethylheptyl)-2- 43 [(1R,3S)-3-hydroxycyclohexl]phenol. 44 (b) JWH-018 and AM678 45 1-Pentyl-3-(1-naphthoyl)indole. 46 (c) JWH-073 1-Butyl-3-(1-naphthoyl)indole. 47 (d) JWH-200[1-[2-(4-morpholinyl)ethyl]-1H- 48 indol-3-yl]-1-naphthalenyl-methanone. 49 (e) JWH-19 1-hexyl-3-(1-naphthoyl)indole. 50 -4- HF567.1748.S (2) 86 jh 4/ 15

(f) JWH-81 1 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole. 2 (g) JWH-122 3 1-pentyl-3-(4-methyl-1-naphthoyl)indole. 4 (h) JWH-250 5 1-pentyl-3-(2-methoxyphenylacetyl)indole. 6 (i) RCS-4 and SR-19 7 1-pentyl-3-[(4methoxy)-benzoyl]indole. 8 (j) RCS-8 and SR 18 1-cyclohexylethyl-3- 9 (2-methoxyphenylacetyl)indole. 10 (k) AM2201 11 1-(5-fluoropentyl)-3-(1-naphthoyl)indole. 12 (l) JWH-203 13 1-pentyl-3-(2-chlorophenylacetyl)indole. 14 (m) JWH-398 15 1-pentyl-3-(4-chloro-1-naphthoyl)indole. 16 (n) AM694 17 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole. 18 (o) Cannabicyclohexanol or CP-47,497 C8-homolog 5- 19 (1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol. 20 NEW 21 PARAGRAPH . 0d. N-(1-amino-3-methyl-1-oxobutan-2- 22 yl)-1-(4- fluorobenzyl)-1H-indazole-3-carboxamide. 23 Other names: AB-FUBINACA. 24 NEW PARAGRAPH . 00d. N-(1-amino- 25 3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl- 26 1 H-indazole-3-carboxamide. Other names: ADB-PINACA. 27 NEW PARAGRAPH . 000d. Quinolin-8-yl 28 1-pentyl-lH-indole-3-carboxylate. 29 Other names: PB-22, QUPIC. 30 NEW PARAGRAPH . 0000d. Quinolin-8-yl 31 1-(5-fluoropentyl)-1H-indole-3-carboxylate. Other 32 names: 5-fluoro-PB-22, 5F-PB-22. 33 NEW 34 PARAGRAPH . 00000d. N-(1-amino-3-methyl-1-oxobutan- 35 2-yl)-1-pentyl-1H-indazole-3-carboxamide. Other names: 36 AB-PINACA. 37 NEW 38 PARAGRAPH . 000000d. N-(1-amino-3-methyl-1-oxobutan- 39 2-yl)-1-(cyclohexylmethyl)-1H-indazole-3-carboxamide. 40 Other names: AB-CHMINACA. 41 NEW 42 PARAGRAPH . 0000000d. [1-(5-fluoropentyl)-1H-indazol- 43 3-yl](naphthalen-1-yl)methanone. Other names: 44 THJ-2201. 45 Sec. ___. Section 124.206, subsection 7, Code 2015, 46 is amended to read as follows: 47 7. Hallucinogenic substances. Unless specifically 48 excepted or unless listed in another schedule, any 49 material, compound, mixture, or preparation which 50 -5- HF567.1748.S (2) 86 jh 5/ 15

contains any quantity of the following substances , 1 or, for purposes of paragraphs “a” and “b” , which 2 contains any of its salts, isomers, or salts of isomers 3 whenever the existence of such salts, isomers, or salts 4 of isomers is possible within the specific chemical 5 designation (for purposes of this paragraph only, the 6 term “isomer” includes the optical, positional, and 7 geometric isomers) : 8 a. Marijuana when used for medicinal purposes 9 pursuant to rules of the board . 10 b. Tetrahydrocannabinols, meaning 11 tetrahydrocannabinols naturally contained in a 12 plant of the genus Cannabis (Cannabis plant) as well 13 as synthetic equivalents of the substances contained 14 in the Cannabis plant, or in the resinous extractives 15 of such plant, and synthetic substances, derivatives, 16 and their isomers with similar chemical structure and 17 pharmacological activity to those substances contained 18 in the plant, such as the following: 19 (1) 1 cis or trans tetrahydrocannabinol, and their 20 optical isomers. 21 (2) 6 cis or trans tetrahydrocannabinol, and their 22 optical isomers. 23 (3) 3,4 cis or trans tetrahydrocannabinol, and 24 their optical isomers. (Since nomenclature of these 25 substances is not internationally standardized, 26 compounds of these structures, regardless of numerical 27 designation of atomic positions covered.) 28 b. c. Nabilone [another name for 29 nabilone: (+-) - 30 trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 31 hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. 32 Sec. ___. Section 124.208, subsection 5, paragraph 33 a, subparagraphs (3) and (4), Code 2015, are amended by 34 striking the subparagraphs. 35 Sec. ___. Section 124.210, subsection 2, Code 2015, 36 is amended by adding the following new paragraph: 37 NEW PARAGRAPH . c. 2-[(dimethylamino)methyl]-1- 38 (3-methoxyphenyl)cyclohexanol, its salts, optical 39 and geometric isomers, and salts of these isomers 40 (including tramadol). 41 Sec. ___. Section 124.210, subsection 3, Code 2015, 42 is amended by adding the following new paragraphs: 43 NEW PARAGRAPH . bb. Alfaxalone. 44 NEW PARAGRAPH . bc. Suvorexant. 45 Sec. ___. Section 124.401, subsection 1, unnumbered 46 paragraph 1, Code 2015, is amended to read as follows: 47 Except as authorized by this chapter , it is unlawful 48 for any person to manufacture, deliver, or possess with 49 the intent to manufacture or deliver, a controlled 50 -6- HF567.1748.S (2) 86 jh 6/ 15

substance, a counterfeit substance, or a simulated 1 controlled substance , or an imitation controlled 2 substance , or to act with, enter into a common scheme 3 or design with, or conspire with one or more other 4 persons to manufacture, deliver, or possess with 5 the intent to manufacture or deliver a controlled 6 substance, a counterfeit substance, or a simulated 7 controlled substance , or an imitation controlled 8 substance . 9 Sec. ___. Section 124.401, subsection 1, paragraph 10 a, unnumbered paragraph 1, Code 2015, is amended to 11 read as follows: 12 Violation of this subsection , with respect to 13 the following controlled substances, counterfeit 14 substances, or simulated controlled substances , or 15 imitation controlled substances, is a class “B” felony, 16 and notwithstanding section 902.9, subsection 1, 17 paragraph “b” , shall be punished by confinement for no 18 more than fifty years and a fine of not more than one 19 million dollars: 20 Sec. ___. Section 124.401, subsection 1, paragraph 21 a, subparagraph (3), Code 2015, is amended to read as 22 follows: 23 (3) More than fifty one hundred twenty-five grams 24 of a mixture or substance described in subparagraph (2) 25 which contains cocaine base. 26 Sec. ___. Section 124.401, subsection 1, paragraph 27 a, Code 2015, is amended by adding the following new 28 subparagraph: 29 NEW SUBPARAGRAPH . (8) More than ten kilograms of a 30 mixture or substance containing any detectable amount 31 of those substances identified in section 124.204, 32 subsection 9. 33 Sec. ___. Section 124.401, subsection 1, paragraph 34 b, unnumbered paragraph 1, Code 2015, is amended to 35 read as follows: 36 Violation of this subsection with respect to 37 the following controlled substances, counterfeit 38 substances, or simulated controlled substances , or 39 imitation controlled substances is a class “B” felony, 40 and in addition to the provisions of section 902.9, 41 subsection 1, paragraph “b” , shall be punished by a 42 fine of not less than five thousand dollars nor more 43 than one hundred thousand dollars: 44 Sec. ___. Section 124.401, subsection 1, paragraph 45 b, subparagraph (3), Code 2015, is amended to read as 46 follows: 47 (3) More than ten thirty-five grams but not more 48 than fifty one hundred twenty-five grams of a mixture 49 or substance described in subparagraph (2) which 50 -7- HF567.1748.S (2) 86 jh 7/ 15

contains cocaine base. 1 Sec. ___. Section 124.401, subsection 1, paragraph 2 b, Code 2015, is amended by adding the following new 3 subparagraph: 4 NEW SUBPARAGRAPH . (9) More than five kilograms but 5 not more than ten kilograms of a mixture or substance 6 containing any detectable amount of those substances 7 identified in section 124.204, subsection 9. 8 Sec. ___. Section 124.401, subsection 1, paragraph 9 c, unnumbered paragraph 1, Code 2015, is amended to 10 read as follows: 11 Violation of this subsection with respect to 12 the following controlled substances, counterfeit 13 substances, or simulated controlled substances , or 14 imitation controlled substances is a class “C” felony, 15 and in addition to the provisions of section 902.9, 16 subsection 1, paragraph “d” , shall be punished by a 17 fine of not less than one thousand dollars nor more 18 than fifty thousand dollars: 19 Sec. ___. Section 124.401, subsection 1, paragraph 20 c, subparagraph (3), Code 2015, is amended to read as 21 follows: 22 (3) Ten Thirty-five grams or less of a mixture or 23 substance described in subparagraph (2) which contains 24 cocaine base. 25 Sec. ___. Section 124.401, subsection 1, paragraph 26 c, Code 2015, is amended by adding the following new 27 subparagraph: 28 NEW SUBPARAGRAPH . (8) Five kilograms or less of a 29 mixture or substance containing any detectable amount 30 of those substances identified in section 124.204, 31 subsection 9. 32 Sec. ___. Section 124.401, subsection 1, paragraph 33 c, subparagraph (8), Code 2015, is amended to read as 34 follows: 35 (8) (9) Any other controlled substance, 36 counterfeit substance, or simulated controlled 37 substance , or imitation substance classified in 38 schedule I, II, or III, except as provided in paragraph 39 “d” . 40 Sec. ___. Section 124.401, subsection 1, paragraph 41 d, Code 2015, is amended to read as follows: 42 d. Violation of this subsection , with respect 43 to any other controlled substances, counterfeit 44 substances, or simulated controlled substances 45 classified in section 124.204, subsection 4, paragraph 46 “ai” , or section 124.204, subsection 6 , paragraph “i” , 47 or , or imitation controlled substances classified 48 in schedule IV or V is an aggravated misdemeanor. 49 However, violation of this subsection involving 50 -8- HF567.1748.S (2) 86 jh 8/ 15

fifty kilograms or less of marijuana or involving 1 flunitrazepam is a class “D” felony. 2 Sec. ___. Section 124.401, subsection 2, Code 2015, 3 is amended to read as follows: 4 2. If the same person commits two or more acts 5 which are in violation of subsection 1 and the acts 6 occur in approximately the same location or time 7 period so that the acts can be attributed to a single 8 scheme, plan, or conspiracy, the acts may be considered 9 a single violation and the weight of the controlled 10 substances, counterfeit substances, or simulated 11 controlled substances , or imitation controlled 12 substances involved may be combined for purposes of 13 charging the offender. 14 Sec. ___. Section 124.401, subsection 5, Code 2015, 15 is amended to read as follows: 16 5. It is unlawful for any person knowingly or 17 intentionally to possess a controlled substance unless 18 such substance was obtained directly from, or pursuant 19 to, a valid prescription or order of a practitioner 20 while acting in the course of the practitioner’s 21 professional practice, or except as otherwise 22 authorized by this chapter . Any Except as otherwise 23 provided in this subsection, any person who violates 24 this subsection is guilty of a serious misdemeanor for 25 a first offense. A person who commits a violation of 26 this subsection and who has previously been convicted 27 of violating this chapter or chapter 124A, 124B , or 28 453B , or chapter 124A as it existed prior to July 29 1, 2015, is guilty of an aggravated misdemeanor. A 30 person who commits a violation of this subsection and 31 has previously been convicted two or more times of 32 violating this chapter or chapter 124A, 124B , or 453B , 33 or chapter 124A as it existed prior to July 1, 2015, is 34 guilty of a class “D” felony. 35 a. (1) If Except as provided in subparagraph 36 (4), if the controlled substance is marijuana, the 37 punishment shall be by imprisonment in the county jail 38 for not more than six months or by a fine of not more 39 than one thousand dollars, or by both such fine and 40 imprisonment for a first offense. 41 (2) If the controlled substance is marijuana and 42 the person has been previously convicted of a violation 43 of this subsection in which the controlled substance 44 was marijuana, the punishment shall be as provided in 45 section 903.1, subsection 1 , paragraph “b” . 46 (3) If the controlled substance is marijuana and 47 the person has been previously convicted two or more 48 times of a violation of this subsection in which the 49 controlled substance was marijuana, the person is 50 -9- HF567.1748.S (2) 86 jh 9/ 15

guilty of an aggravated misdemeanor. 1 (4) If the controlled substance is five grams or 2 less of marijuana and subparagraphs (2) and (3) do not 3 apply, the person is guilty of a simple misdemeanor. 4 (5) A person may knowingly or intentionally 5 recommend, possess, use, dispense, deliver, transport, 6 or administer cannabidiol if the recommendation, 7 possession, use, dispensing, delivery, transporting, 8 or administering is in accordance with the provisions 9 of chapter 124D . For purposes of this paragraph 10 subparagraph , “cannabidiol” means the same as defined 11 in section 124D.2 . 12 b. All or any part of a sentence imposed pursuant 13 to this subsection may be suspended and the person 14 placed upon probation upon such terms and conditions as 15 the court may impose including the active participation 16 by such person in a drug treatment, rehabilitation or 17 education program approved by the court. 18 c. If a person commits a violation of this 19 subsection , the court shall order the person to serve 20 a term of imprisonment of not less than forty-eight 21 hours. Any sentence imposed may be suspended, and 22 the court shall place the person on probation upon 23 such terms and conditions as the court may impose. 24 If the person is not sentenced to confinement under 25 the custody of the director of the department of 26 corrections, the terms and conditions of probation 27 shall require submission to random drug testing. If 28 the person fails a drug test, the court may transfer 29 the person’s placement to any appropriate placement 30 permissible under the court order. 31 d. If the controlled substance is amphetamine, 32 its salts, isomers, or salts of its isomers, or 33 methamphetamine, its salts, isomers, or salts of its 34 isomers, the court shall order the person to serve 35 a term of imprisonment of not less than forty-eight 36 hours. Any sentence imposed may be suspended, and the 37 court shall place the person on probation upon such 38 terms and conditions as the court may impose. The 39 court may place the person on intensive probation. 40 However, the terms and conditions of probation shall 41 require submission to random drug testing. If the 42 person fails a drug test, the court may transfer 43 the person’s placement to any appropriate placement 44 permissible under the court order. 45 Sec. ___. Section 124.401A, Code 2015, is amended 46 to read as follows: 47 124.401A Enhanced penalty for manufacture or 48 distribution to persons on certain real property. 49 In addition to any other penalties provided in this 50 -10- HF567.1748.S (2) 86 jh 10/ 15

chapter , a person who is eighteen years of age or older 1 who unlawfully manufactures with intent to distribute, 2 distributes, or possesses with intent to distribute a 3 substance or counterfeit substance listed in schedule 4 I, II, or III, or a simulated controlled substance 5 or an imitation controlled substance represented to 6 be a controlled substance classified in schedule I, 7 II, or III, to another person who is eighteen years 8 of age or older in or on, or within one thousand feet 9 of the real property comprising a public or private 10 elementary or secondary school, public park, public 11 swimming pool, public recreation center, or on a marked 12 school bus, may be sentenced up to an additional term 13 of confinement of five years. 14 Sec. ___. Section 124.401B, Code 2015, is amended 15 to read as follows: 16 124.401B Possession of controlled substances on 17 certain real property —— additional penalty. 18 In addition to any other penalties provided in this 19 chapter or another chapter, a person who unlawfully 20 possesses a substance listed in schedule I, II, or III, 21 or a simulated controlled substance or an imitation 22 controlled substance represented to be a controlled 23 substance classified in schedule I, II, or III, in or 24 on, or within one thousand feet of the real property 25 comprising a public or private elementary or secondary 26 school, public park, public swimming pool, public 27 recreation center, or on a marked school bus, may be 28 sentenced to one hundred hours of community service 29 work for a public agency or a nonprofit charitable 30 organization. The court shall provide the offender 31 with a written statement of the terms and monitoring 32 provisions of the community service. 33 Sec. ___. Section 124.406, subsection 2, Code 2015, 34 is amended to read as follows: 35 2. A person who is eighteen years of age or older 36 who: 37 a. Unlawfully distributes or possesses with the 38 intent to distribute a counterfeit substance listed in 39 schedule I or II, or a simulated controlled substance 40 or an imitation controlled substance represented to 41 be a substance classified in schedule I or II, to a 42 person under eighteen years of age commits a class “B” 43 felony. However, if the substance was distributed 44 in or on, or within one thousand feet of, the real 45 property comprising a public or private elementary or 46 secondary school, public park, public swimming pool, 47 public recreation center, or on a marked school bus, 48 the person shall serve a minimum term of confinement 49 of ten years. 50 -11- HF567.1748.S (2) 86 jh 11/ 15

b. Unlawfully distributes or possesses with 1 intent to distribute a counterfeit substance listed 2 in schedule III, or a simulated controlled substance 3 or an imitation controlled substance represented to 4 be any substance listed in schedule III, to a person 5 under eighteen years of age who is at least three years 6 younger than the violator commits a class “C” felony. 7 c. Unlawfully distributes a counterfeit substance 8 listed in schedule IV or V, or a simulated controlled 9 substance or an imitation controlled substance 10 represented to be a substance listed in schedule IV or 11 V, to a person under eighteen years of age who is at 12 least three years younger than the violator commits an 13 aggravated misdemeanor. 14 Sec. ___. Section 124.415, Code 2015, is amended to 15 read as follows: 16 124.415 Parental and school notification —— persons 17 under eighteen years of age. 18 A peace officer shall make a reasonable effort to 19 identify a person under the age of eighteen discovered 20 to be in possession of a controlled substance, 21 counterfeit substance, or simulated controlled 22 substance , or imitation controlled substance in 23 violation of this chapter , and if the person is not 24 referred to juvenile court, the law enforcement agency 25 of which the peace officer is an employee shall make 26 a reasonable attempt to notify the person’s custodial 27 parent or legal guardian of such possession, whether 28 or not the person is arrested, unless the officer has 29 reasonable grounds to believe that such notification 30 is not in the best interests of the person or will 31 endanger that person. If the person is taken into 32 custody, the peace officer shall notify a juvenile 33 court officer who shall make a reasonable effort to 34 identify the elementary or secondary school the person 35 attends, if any, and to notify the superintendent of 36 the school district, the superintendent’s designee, 37 or the authorities in charge of the nonpublic school 38 of the taking into custody. A reasonable attempt to 39 notify the person includes but is not limited to a 40 telephone call or notice by first-class mail. 41 Sec. ___. NEW SECTION . 124.417 Imitation 42 controlled substances —— exceptions. 43 It is not unlawful under this chapter for a person 44 registered under section 124.302, to manufacture, 45 deliver, or possess with the intent to manufacture or 46 deliver, or to act with, one or more other persons 47 to manufacture, deliver, or possess with the intent 48 to manufacture or deliver an imitation controlled 49 substance for use as a placebo by a registered 50 -12- HF567.1748.S (2) 86 jh 12/ 15

practitioner in the course of professional practice or 1 research. 2 Sec. ___. Section 124.502, subsection 1, paragraph 3 a, Code 2015, is amended to read as follows: 4 a. A district judge or district associate judge, 5 within the court’s jurisdiction, and upon proper 6 oath or affirmation showing probable cause, may issue 7 warrants for the purpose of conducting administrative 8 inspections under this chapter or a related rule 9 or under chapter 124A . The warrant may also permit 10 seizures of property appropriate to the inspections. 11 For purposes of the issuance of administrative 12 inspection warrants, probable cause exists upon showing 13 a valid public interest in the effective enforcement 14 of the statute or related rules, sufficient to justify 15 administrative inspection of the area, premises, 16 building , or conveyance in the circumstances specified 17 in the application for the warrant. 18 Sec. ___. Section 155A.6, subsection 3, Code 2015, 19 is amended to read as follows: 20 3. The board shall establish standards for 21 pharmacist-intern registration and may deny, suspend, 22 or revoke a pharmacist-intern registration for failure 23 to meet the standards or for any violation of the laws 24 of this state, another state, or the United States 25 relating to prescription drugs, controlled substances, 26 or nonprescription drugs, or for any violation of this 27 chapter or chapter 124 , 124A , 124B , 126 , 147 , or 205 , 28 or any rule of the board. 29 Sec. ___. Section 155A.6A, subsection 5, Code 2015, 30 is amended to read as follows: 31 5. The board may deny, suspend, or revoke the 32 registration of, or otherwise discipline, a registered 33 pharmacy technician for any violation of the laws 34 of this state, another state, or the United States 35 relating to prescription drugs, controlled substances, 36 or nonprescription drugs, or for any violation of this 37 chapter or chapter 124 , 124A , 124B , 126 , 147 , 205 , or 38 272C , or any rule of the board. 39 Sec. ___. Section 155A.6B, subsection 5, Code 2015, 40 is amended to read as follows: 41 5. The board may deny, suspend, or revoke the 42 registration of a pharmacy support person or otherwise 43 discipline the pharmacy support person for any 44 violation of the laws of this state, another state, 45 or the United States relating to prescription drugs, 46 controlled substances, or nonprescription drugs, or for 47 any violation of this chapter or chapter 124 , 124A , 48 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 49 Sec. ___. Section 155A.13A, subsection 3, Code 50 -13- HF567.1748.S (2) 86 jh 13/ 15

2015, is amended to read as follows: 1 3. Discipline. The board may deny, suspend, or 2 revoke a nonresident pharmacy license for any violation 3 of this section , section 155A.15, subsection 2 , 4 paragraph “a” , “b” , “d” , “e” , “f” , “g” , “h” , or “i” , 5 chapter 124 , 124A , 124B , 126 , or 205 , or a rule of the 6 board. 7 Sec. ___. Section 155A.17, subsection 2, Code 2015, 8 is amended to read as follows: 9 2. The board shall establish standards for drug 10 wholesaler licensure and may define specific types of 11 wholesaler licenses. The board may deny, suspend, or 12 revoke a drug wholesale license for failure to meet the 13 applicable standards or for a violation of the laws 14 of this state, another state, or the United States 15 relating to prescription drugs, devices, or controlled 16 substances, or for a violation of this chapter , chapter 17 124 , 124A , 124B , 126 , or 205 , or a rule of the board. 18 Sec. ___. Section 155A.42, subsection 4, Code 2015, 19 is amended to read as follows: 20 4. The board may deny, suspend, or revoke a limited 21 drug and device distributor’s license for failure to 22 meet the applicable standards or for a violation of 23 the laws of this state, another state, or the United 24 States relating to prescription drugs or controlled 25 substances, or for a violation of this chapter , chapter 26 124 , 124A , 124B , 126 , 205 , or 272C , or a rule of the 27 board. 28 Sec. ___. Section 901.10, subsection 1, Code 2015, 29 is amended to read as follows: 30 1. A court sentencing a person for the person’s 31 first conviction under section 124.406 , 124.413 , or 32 902.7 may, at its discretion, sentence the person to a 33 term less than provided by the statute if mitigating 34 circumstances exist and those circumstances are stated 35 specifically in the record. 36 Sec. ___. Section 901.10, subsection 2, Code 2015, 37 is amended to read as follows: 38 2. a. Except as provided in paragraph “b” , a 39 court sentencing a person where section 124.413 is 40 applicable may, at its discretion, waive the mandatory 41 minimum sentence in section 124.413, if the person 42 is classified as a low or low to moderate risk to 43 reoffend. 44 b. (1) Notwithstanding subsection 1 paragraph 45 “a” , if the sentence under a court sentencing a person 46 where section 124.413 is applicable that involves an 47 amphetamine or methamphetamine offense under section 48 124.401, subsection 1 , paragraph “a” or “b” , the court 49 shall not grant any reduction of sentence unless the 50 -14- HF567.1748.S (2) 86 jh 14/ 15

defendant pleads guilty or the person is classified 1 as a low or low to moderate risk to reoffend . If the 2 defendant pleads guilty or the person is classified 3 as a low or low to moderate risk to reoffend , the 4 court may, at its discretion, reduce the mandatory 5 minimum sentence by up to one-third. If the defendant 6 additionally cooperates in the prosecution of other 7 persons involved in the sale or use of controlled 8 substances, and if the prosecutor requests an 9 additional reduction in the defendant’s sentence 10 because of such cooperation, the court may grant a 11 further reduction in the defendant’s mandatory minimum 12 sentence, up to one-half of the remaining mandatory 13 minimum sentence. 14 (2) Subparagraph (1) only applies to a person’s 15 first conviction that involves an amphetamine or 16 methamphetamine offense under section 124.401, 17 subsection 1, paragraph “a” or “b” . Upon a second or 18 subsequent conviction that involves such an offense 19 under section 124.401, the person is not eligible for a 20 reduction of sentence. 21 Sec. ___. REPEAL. Chapter 124A, Code 2015, is 22 repealed. > 23 2. Title page, line 2, by striking < enhancing the 24 penalties for imitation > and inserting < modifying the 25 penalties for > 26 -15- HF567.1748.S (2) 86 jh 15/ 15