Senate Study Bill 1096 - IntroducedA Bill ForAn Act 1relating to controlled substances including the
2manufacture, delivery, or possession of a controlled
3substance including fentanyl; the manufacture of a
4controlled substance in the presence of a minor; conspiracy
5to manufacture for delivery or delivery or intent or
6conspiracy to deliver a controlled substance to a
7minor; receipt, provision, and administration of opioid
8antagonists, including by secondary distributors, providing
9for immunity; and providing penalties.
10BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE
3   Section 1.  Section 124.401, subsection 1, paragraph a,
4subparagraph (8), Code 2023, is amended to read as follows:
   5(8)  More than ten kilograms of a mixture or substance
6containing any detectable amount of those substances identified
7in section 124.204, subsection 9, except for a mixture or
8substance containing any detectable amount of fentanyl or any
9fentanyl-related substance identified in section 124.204,
10subsection 9
.
11   Sec. 2.  Section 124.401, subsection 1, paragraph a, Code
122023, is amended by adding the following new subparagraph:
13   NEW SUBPARAGRAPH.  (9)  More than fifty grams of a mixture
14or substance containing a detectable amount of fentanyl or
15any fentanyl-related substance identified in section 124.204,
16subsection 9.
17   Sec. 3.  Section 124.401, subsection 1, paragraph b, Code
182023, is amended by adding the following new subparagraph:
19   NEW SUBPARAGRAPH.  (10)  More than five grams but not
20more than fifty grams of a mixture or substance containing a
21detectable amount of fentanyl or any fentanyl-related substance
22identified in section 124.204, subsection 9.
23   Sec. 4.  Section 124.401, subsection 1, paragraph c, Code
242023, is amended by adding the following new subparagraph:
25   NEW SUBPARAGRAPH.  (10)  Five grams or less of a mixture
26or substance containing a detectable amount of fentanyl or
27any fentanyl-related substance identified in section 124.204,
28subsection 9.
29   Sec. 5.  Section 124.401, subsection 1, Code 2023, is amended
30by adding the following new paragraphs:
31   NEW PARAGRAPH.  g.  A person who causes the death of another
32person while participating in a violation of this subsection
33and who is not entitled to protection under section 124.418,
34shall be sentenced to three times the term otherwise imposed by
35law, and no such judgment, sentence, or part thereof shall be
-1-1deferred or suspended.
2   NEW PARAGRAPH.  h.  A person who causes serious bodily injury
3to another person while participating in a violation of this
4subsection and who is not entitled to protection under section
5124.418, shall be sentenced to two times the term otherwise
6imposed by law, and no such judgment, sentence, or part thereof
7shall be deferred or suspended.
8   Sec. 6.  Section 124.401C, subsection 1, Code 2023, is
9amended to read as follows:
   101.  In addition to any other penalties provided in this
11chapter, a person who is eighteen years of age or older and
12who either directly or by extraction from natural substances,
13or independently by means of chemical processes, or both,
14unlawfully manufactures methamphetamine, its salts, isomers,
15or salts of its isomers
 a controlled substance, counterfeit
16substance, simulated controlled substance, or imitation
17controlled substance in violation of section 124.401,
18subsection 1, paragraph “a”, “b”, or “c”,
in the presence
19of a minor shall be sentenced up to an additional term of
20confinement of five years
 to two times the term otherwise
21imposed by law, and no such judgment, sentence, or part thereof
22shall be deferred or suspended
. However, the additional term
23of confinement shall not be imposed on a person who has been
24convicted and sentenced for a child endangerment offense under
25section 726.6, subsection 1, paragraph “g”, arising from the
26same facts.
27   Sec. 7.  Section 124.401D, Code 2023, is amended to read as
28follows:
   29124.401D  Conspiracy to manufacture for delivery or delivery
30or intent or conspiracy to deliver amphetamine or methamphetamine
31 to a minor.
   321.  a.  It is unlawful for a person eighteen years of age
33or older to act with, or enter into a common scheme or design
34with, or conspire with one or more persons to manufacture
35for delivery to a person under eighteen years of age a
-2-1material, compound, mixture, preparation, or substance that
2contains any detectable amount of amphetamine, its salts,
3isomers, or salts of its isomers, or methamphetamine, its
4salts, isomers, or salts of its isomers
 controlled substance,
5counterfeit substance, simulated controlled substance, or
6imitation controlled substance in violation of section 124.401,
7subsection 1, paragraph “a”, “b”, or “c”
.
   8b.  A violation of this subsection is a felony punishable
9under section 902.9, subsection 1, paragraph “a”
 A person
10violating this subsection shall be sentenced to two times the
11term otherwise imposed under section 124.401, subsection 1, and
12no such judgment, sentence, or part thereof shall be deferred
13or suspended
.
   14c.  A second or subsequent violation of this subsection is a
15class “A” felony.
   162.  a.  It is unlawful for a person eighteen years of age
17or older to deliver, or possess with the intent to deliver to
18a person under eighteen years of age, a material, compound,
19mixture, preparation, or substance that contains any detectable
20amount of amphetamine, its salts, isomers, or salts of its
21isomers, or methamphetamine, its salts, isomers, or salts
22of its isomers
 controlled substance, counterfeit substance,
23simulated controlled substance, or imitation controlled
24substance in violation of section 124.401, subsection 1,
25paragraph “a”, “b”, or “c”
, or to act with, or enter into a
26common scheme or design with, or conspire with one or more
27persons to deliver or possess with the intent to deliver to
28a person under eighteen years of age a material, compound,
29mixture, preparation, or substance that contains any detectable
30amount of amphetamine, its salts, isomers, or salts of its
31isomers, or methamphetamine, its salts, isomers, or salts
32of its isomers
 controlled substance, counterfeit substance,
33simulated controlled substance, or imitation controlled
34substance in violation of section 124.401, subsection 1,
35paragraph “a”, “b”, or “c”
.
-3-
   1b.  A violation of this subsection is a felony punishable
2under section 902.9, subsection 1, paragraph “a”
 A person
3violating this subsection shall be sentenced to two times the
4term otherwise imposed under section 124.401, subsection 1, and
5no such judgment, sentence, or part thereof shall be deferred
6or suspended
.
   7c.  A second or subsequent violation of this subsection is a
8class “A” felony.
   93.  Delivery to a minor or possession with intent to deliver
10to a minor a controlled substance, counterfeit substance,
11simulated controlled substance, or imitation controlled
12substance in violation of section 124.401, subsection 1,
13paragraph “a”, “b”, or “c”, shall include the following products
14if the person knew or had reasonable cause to believe the
15controlled, counterfeit, simulated, or imitation controlled
16substance would be delivered to a person under eighteen years
17of age:
   18a.  Combining a controlled substance listed in section
19124.401, subsection 1, paragraph “a”, “b”, or “c”, with a food
20or beverage product.
   21b.  Marketing or packaging a controlled substance listed in
22section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to
23appear similar to a food or beverage product.
   24c.  Modifying the flavor or color of a controlled substance
25listed in section 124.401, subsection 1, paragraph “a”, “b”, or
26“c”, to appear similar to a food or beverage product.
27   Sec. 8.  Section 811.1, subsections 1 and 2, Code 2023, are
28amended to read as follows:
   291.  A defendant awaiting judgment of conviction and
30sentencing following either a plea or verdict of guilty of a
31class “A” felony; forcible felony as defined in section 702.11;
32any class “B” felony included in section 462A.14 or 707.6A; any
33felony included in section 124.401, subsection 1, paragraph
34“a” or “b”; a second or subsequent offense under section
35124.401, subsection 1, paragraph “c”; any felony punishable
-4-1under section 902.9, subsection 1, paragraph “a”;
any public
2offense committed while detained pursuant to section 229A.5;
3or any public offense committed while subject to an order of
4commitment pursuant to chapter 229A.
   52.  A defendant appealing a conviction of a class “A”
6felony; forcible felony as defined in section 702.11; any class
7“B” or “C” felony included in section 462A.14 or 707.6A; any
8felony included in section 124.401, subsection 1, paragraph
9“a” or “b”; or a second or subsequent conviction under section
10124.401, subsection 1, paragraph “c”; any felony punishable
11under section 902.9, subsection 1, paragraph “a”;
any public
12offense committed while detained pursuant to section 229A.5;
13or any public offense committed while subject to an order of
14commitment pursuant to chapter 229A.
15   Sec. 9.  Section 901.2, subsection 2, paragraph b, Code 2023,
16is amended to read as follows:
   17b.  The court shall order a presentence investigation when
18the offense is any felony punishable under section 902.9,
19subsection 1, paragraph “a”, or
a class “B”, class “C”, or
20class “D” felony. A presentence investigation for any felony
21punishable under section 902.9, subsection 1, paragraph “a”,
22or
a class “B”, class “C”, or class “D” felony shall not
23be waived. The court may order, with the consent of the
24defendant, that the presentence investigation begin prior to
25the acceptance of a plea of guilty, or prior to a verdict of
26guilty.
27   Sec. 10.  Section 902.9, subsection 1, paragraph a, Code
282023, is amended by striking the paragraph.
29   Sec. 11.  Section 906.5, subsection 1, paragraph a, Code
302023, is amended to read as follows:
   31a.  The board shall establish and implement a plan by which
32the board systematically reviews the status of each person who
33has been committed to the custody of the director of the Iowa
34department of corrections and considers the person’s prospects
35for parole or work release. The board at least annually shall
-5-1review the status of a person other than a class “A” felon, a
2class “B” felon serving a sentence of more than twenty-five
3years, or a felon serving an offense punishable under section
4902.9, subsection 1, paragraph “a”,
or a felon serving a
5mandatory minimum sentence other than a class “A” felon, and
6provide the person with notice of the board’s parole or work
7release decision.
8   Sec. 12.  REPEAL.  Section 901.5A, Code 2023, is repealed.
9DIVISION II
10RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS
11   Sec. 13.  Section 135.190, subsection 1, Code 2023, is
12amended by adding the following new paragraph:
13   NEW PARAGRAPH.  e.  “Secondary distributor” means a law
14enforcement agency, emergency medical services program, fire
15department, school district, health care provider, licensed
16behavioral health provider, county health department, or the
17department of health and human services.
18   Sec. 14.  Section 135.190, subsections 2 and 4, Code 2023,
19are amended to read as follows:
   202.  a.  Notwithstanding any other provision of law to the
21contrary, a licensed health care professional may prescribe an
22opioid antagonist to a person in a position to assist or to a
23secondary distributor
.
   24b.  (1)  Notwithstanding any other provision of law to the
25contrary, a pharmacist licensed under chapter 155A may, by
26standing order or through collaborative agreement, dispense,
27furnish, or otherwise provide an opioid antagonist to a person
28in a position to assist or to a secondary distributor.
   29(2)  A pharmacist or secondary distributor who dispenses,
30furnishes, or otherwise provides an opioid antagonist pursuant
31to a valid prescription, standing order, or collaborative
32agreement shall provide written instruction, which shall
33include emergency, crisis, and substance use referral contact
34information,
to the recipient in accordance with any protocols
35and instructions developed by the department under this
-6-1section.
   24.  A person in a position to assist, a secondary
3distributor,
or a prescriber of an opioid antagonist who has
4acted reasonably and in good faith shall not be liable for
5any injury arising from the provision, administration, or
6assistance in the administration of an opioid antagonist as
7provided in this section.
8   Sec. 15.  Section 147A.18, subsections 1 and 2, Code 2023,
9are amended to read as follows:
   101.  a.  Notwithstanding any other provision of law to the
11contrary, a licensed health care professional may prescribe
12an opioid antagonist in the name of a service program,
13law enforcement agency, or fire department, or secondary
14distributor
to be maintained for use as provided in this
15section. For purposes of this section, “secondary distributor”
16 means the same as defined in section 135.190.

   17b.  (1)  Notwithstanding any other provision of law to the
18contrary, a pharmacist licensed under chapter 155A may, by
19standing order or through collaborative agreement, dispense,
20furnish, or otherwise provide an opioid antagonist in the
21name of a service program, law enforcement agency, or fire
22department, or secondary distributor to be maintained for use
23as provided in this section.
   24(2)  A pharmacist or secondary distributor who dispenses,
25furnishes, or otherwise provides an opioid antagonist pursuant
26to a valid prescription, standing order, or collaborative
27agreement shall provide written instruction, which shall
28include emergency, crisis, and substance referral contact
29information,
to the recipient in accordance with the protocols
30and instructions developed by the department under this
31section.
   322.  A service program, law enforcement agency, or fire
33department, or secondary distributor may obtain a prescription
34for and maintain a supply of opioid antagonists. A service
35program, law enforcement agency, or fire department, or
-7-1secondary distributor
that obtains such a prescription shall
2replace an opioid antagonist upon its use or expiration.
3   Sec. 16.  Section 147A.18, Code 2023, is amended by adding
4the following new subsection:
5   NEW SUBSECTION.  3A.  A secondary distributor may possess
6and provide an opioid antagonist to a person in a position to
7assist as defined in section 135.190.
8   Sec. 17.  Section 147A.18, subsection 4, paragraph b, Code
92023, is amended to read as follows:
   10b.  A service program, law enforcement agency, or fire
11department, or secondary distributor.
12   Sec. 18.  Section 147A.18, subsection 4, Code 2023, is
13amended by adding the following new paragraph:
14   NEW PARAGRAPH.  d.  The pharmacist who dispenses the opioid
15antagonist.
16   Sec. 19.  Section 155A.3, subsections 24 and 54, Code 2023,
17are amended to read as follows:
   1824.  “Limited distributor” means a person operating or
19maintaining a location, regardless of the location, where
20prescription drugs or devices are distributed at wholesale or
21to a patient pursuant to a prescription drug order, who is
22not eligible for a wholesale distributor license or pharmacy
23license. “Limited distributor” does not include a secondary
24distributor as defined in section 135.190.

   2554.  “Wholesale distributor” means a person, other than
26a manufacturer, a manufacturer’s co-licensed partner, a
27third-party logistics provider, or repackager, engaged in the
28wholesale distribution of a drug. “Wholesale distributor”
29 does not include a secondary distributor as defined in section
30135.190.

31   Sec. 20.  Section 155A.46, subsection 1, paragraph a,
32subparagraph (1), Code 2023, is amended to read as follows:
   33(1)  Naloxone Opioid antagonists for overdose reversals.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-8-1the explanation’s substance by the members of the general assembly.
   2This bill relates to controlled substances including the
3manufacture, delivery, or possession of a controlled substance
4including fentanyl; the manufacture of a controlled substance
5in the presence of a minor; a conspiracy to manufacture for
6delivery or delivery or intent or conspiracy to deliver a
7controlled substance to a minor; the receipt, provision, and
8administration of opioid antagonists, including by secondary
9distributors, provides for immunity; and provides penalties.
10The bill is organized by divisions.
   11DIVISION I — MANUFACTURE, DELIVERY, OR POSSESSION OF A
12CONTROLLED SUBSTANCE.
   13FENTANYL. The bill provides that the manufacture, delivery
14or possession of a controlled substance containing more than 50
15grams of a mixture or substance containing a detectable amount
16of fentanyl or any fentanyl-related substance identified in
17Code section 124.204(9) is a class “B” felony, punishable by
18confinement for no more than 50 years and a fine of not more
19than $1 million.
   20The bill provides that the manufacture, delivery or
21possession of a controlled substance containing more
22than 5 grams but not more than 50 grams of a mixture or
23substance containing a detectable amount of fentanyl or
24any fentanyl-related substance identified in Code section
25124.204(9) is a class “B” felony, punishable by confinement for
26no more than 25 years and a fine of not less than $5,000 nor
27more than $100,000.
   28The bill provides that the manufacture, delivery or
29possession of a controlled substance containing 5 grams or
30less of a mixture or substance containing a detectable amount
31of fentanyl or any fentanyl-related substance identified in
32Code section 124.204(9) is a class “C” felony, punishable by
33confinement for no more than 10 years and a fine of not less
34than $1,000 nor more than $50,000.
   35MANUFACTURE, DELIVERY, OR POSSESSION OF CONTROLLED
-9-1SUBSTANCES — SENTENCING ENHANCEMENTS. The bill provides
2that a person who causes the death of another person while
3participating in the manufacture, delivery, or possession of
4a controlled substance and who is not entitled to protection
5under Code section 124.418 (persons seeking medical assistance
6for drug-related overdose), shall be sentenced to three times
7the term otherwise imposed by law, and no such judgment,
8sentence, or part thereof shall be deferred or suspended.
   9The bill provides that a person who causes serious bodily
10injury to another person while participating in a violation
11of the manufacture, delivery, or possession of a controlled
12substance and who is not entitled to protection under Code
13section 124.418, shall be sentenced to two times the term
14otherwise imposed by law, and no such judgment, sentence, or
15part thereof shall be deferred or suspended.
   16MANUFACTURE OF CONTROLLED SUBSTANCES IN PRESENCE OF A MINOR.
17 Current law provides that in addition to any other penalties
18provided in Code chapter 124, a person who is 18 years of age
19or older and who either directly or by extraction from natural
20substances, or independently by means of chemical processes,
21or both, unlawfully manufactures methamphetamine, its salts,
22isomers, or salts of its isomers in the presence of a minor
23shall be sentenced up to an additional term of confinement
24of five years. The bill amends current law to apply to all
25controlled substances listed in Code section 124.401(1)(a,
26b, and c) and provides that a person in violation of this
27provision shall be sentenced to two times the term otherwise
28imposed by law, and no such judgment, sentence, or part thereof
29shall be deferred or suspended.
   30CONSPIRACY TO MANUFACTURE CONTROLLED SUBSTANCES FOR DELIVERY
31TO MINOR. Current law provides that it is unlawful for a
32person 18 years of age or older to act with, or enter into a
33common scheme or design with, or conspire with one or more
34persons to manufacture for delivery to a person under 18 years
35of age a material, compound, mixture, preparation, or substance
-10-1that contains any detectable amount of amphetamine, its salts,
2isomers, or salts of its isomers, or methamphetamine, its
3salts, isomers, or salts of its isomers. A person in violation
4of this provision shall be confined for no more than 99 years.
5The bill strikes this penalty. The bill amends current law
6to apply to all controlled substances listed in Code section
7124.401(1)(a, b, and c) and provides that a person in violation
8of this provision shall be sentenced to two times the term
9otherwise imposed by law, and no such judgment, sentence, or
10part thereof shall be deferred or suspended. A second or
11subsequent violation is a class “A” felony.
   12Current law provides that it is unlawful for a person 18
13years of age or older to deliver, or possess with the intent
14to deliver to a person under 18 years of age, a material,
15compound, mixture, preparation, or substance that contains any
16detectable amount of amphetamine, its salts, isomers, or salts
17of its isomers, or methamphetamine, its salts, isomers, or
18salts of its isomers. A person in violation of this provision
19shall be confined for no more than 99 years. The bill strikes
20this penalty. The bill amends current law to apply to all
21controlled substances listed in Code section 124.401(1)(a,
22b, and c) and provides that a person in violation of this
23provision shall be sentenced to two times the term otherwise
24imposed by law, and no such judgment, sentence, or part
25thereof shall be deferred or suspended. A second or subsequent
26violation is a class “A” felony.
   27The bill makes conforming Code changes due to the strike of
28the 99-year penalty.
   29DELIVERY OF A CONTROLLED SUBSTANCE TO MINOR — FOOD OR
30BEVERAGE PRODUCTS. The bill provides that delivery to a minor
31or possession with intent to deliver to a minor a controlled
32substance, counterfeit substance, simulated controlled
33substance, or imitation controlled substance shall include the
34following products if the person knew or had reasonable cause
35to believe the controlled substance, counterfeit substance,
-11-1simulated controlled substance, or imitation controlled
2substance would be delivered to a person under 18 years of
3age: combining a controlled substance with a food or beverage
4product; marketing or packaging a controlled substance to
5appear similar to a food or beverage product; or modifying the
6flavor or color of a controlled substance to appear similar to
7a food or beverage product.
   8DIVISION II — RECEIPT, PROVISION, AND ADMINISTRATION OF
9OPIOID ANTAGONISTS — SECONDARY DISTRIBUTORS — IMMUNITY.
10 Current law provides that a licensed health care professional
11may prescribe an opioid antagonist to a person in a position
12to assist. The bill expands this authorization to provide
13that a licensed health care provider may prescribe an opioid
14antagonist to a secondary distributor as defined in the bill.
   15Current law provides that a licensed pharmacist may, by
16standing order or through collaborative agreement, dispense,
17furnish, or otherwise provide an opioid antagonist in the
18name of a service program, law enforcement agency, or fire
19department. The bill expands this authorization to provide
20that a licensed pharmacist may, by standing order or through
21collaborative agreement, dispense, furnish, or otherwise
22provide an opioid antagonist in the name of a secondary
23distributor.
   24The bill includes secondary distributors and the pharmacist
25who dispenses the opioid antagonist, provided they have acted
26reasonably and in good faith, to the list of persons who shall
27not be liable for any injury arising from the provision,
28administration, or assistance in the administration of an
29opioid antagonist.
   30The bill provides that a secondary distributor may obtain a
31prescription for and maintain a supply of opioid antagonists.
32A secondary distributor that obtains such a prescription shall
33replace an opioid antagonist upon its use or expiration.
   34The bill provides that a pharmacist or secondary distributor
35who dispenses, furnishes, or otherwise provides an opioid
-12-1antagonist pursuant to a valid prescription, standing order,
2or collaborative agreement shall provide written instruction,
3including emergency, crisis, and substance use referral contact
4information, to the recipient.
   5The bill provides that a secondary distributor may possess
6and provide an opioid antagonist to a person in a position to
7assist.
   8The bill provides that the terms “limited distributor” and
9“wholesale distributor” do not include a secondary distributor
10for purposes of Code chapter 155A (pharmacy).
   11The bill provides that a pharmacist may order and administer
12opioid antagonists for overdose reversals to patients ages 18
13years and older instead of naloxone.
   
-13-
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