House File 595 - 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   NEW PARAGRAPH.  i.  For purposes of this subsection, a
9person’s act of manufacturing or delivering a controlled
10substance resulting in the death of another person shall
11be deemed to have caused the other person’s death when the
12controlled substance contributes to the other person’s death.
13   Sec. 6.  Section 124.401C, subsection 1, Code 2023, is
14amended to read as follows:
   151.  In addition to any other penalties provided in this
16chapter, a person who is eighteen years of age or older and
17who either directly or by extraction from natural substances,
18or independently by means of chemical processes, or both,
19unlawfully manufactures methamphetamine, its salts, isomers,
20or salts of its isomers
 a controlled substance, counterfeit
21substance, simulated controlled substance, or imitation
22controlled substance in violation of section 124.401,
23subsection 1, paragraph “a”, “b”, or “c”,
in the presence
24of a minor shall be sentenced up to an additional term of
25confinement of five years
 to two times the term otherwise
26imposed by law, and no such judgment, sentence, or part thereof
27shall be deferred or suspended
. However, the additional term
28of confinement shall not be imposed on a person who has been
29convicted and sentenced for a child endangerment offense under
30section 726.6, subsection 1, paragraph “g”, arising from the
31same facts.
32   Sec. 7.  Section 124.401D, Code 2023, is amended to read as
33follows:
   34124.401D  Conspiracy to manufacture for delivery or delivery
35or intent or conspiracy to deliver amphetamine or methamphetamine
-2-1 to a minor.
   21.  a.  It is unlawful for a person eighteen years of age
3or older to act with, or enter into a common scheme or design
4with, or conspire with one or more persons to manufacture
5for delivery to a person under eighteen years of age a
6material, compound, mixture, preparation, or substance that
7contains any detectable amount of amphetamine, its salts,
8isomers, or salts of its isomers, or methamphetamine, its
9salts, isomers, or salts of its isomers
 controlled substance,
10counterfeit substance, simulated controlled substance, or
11imitation controlled substance in violation of section 124.401,
12subsection 1, paragraph “a”, “b”, or “c”
.
   13b.  A violation of this subsection is a felony punishable
14under section 902.9, subsection 1, paragraph “a”
 A person
15violating this subsection shall be sentenced to two times the
16term otherwise imposed under section 124.401, subsection 1, and
17no such judgment, sentence, or part thereof shall be deferred
18or suspended
.
   19c.  A second or subsequent violation of this subsection is a
20class “A” felony.
   212.  a.  It is unlawful for a person eighteen years of age
22or older to deliver, or possess with the intent to deliver to
23a person under eighteen years of age, a material, compound,
24mixture, preparation, or substance that contains any detectable
25amount of amphetamine, its salts, isomers, or salts of its
26isomers, or methamphetamine, its salts, isomers, or salts
27of its isomers
 controlled substance, counterfeit substance,
28simulated controlled substance, or imitation controlled
29substance in violation of section 124.401, subsection 1,
30paragraph “a”, “b”, or “c”
, or to act with, or enter into a
31common scheme or design with, or conspire with one or more
32persons to deliver or possess with the intent to deliver to
33a person under eighteen years of age a material, compound,
34mixture, preparation, or substance that contains any detectable
35amount of amphetamine, its salts, isomers, or salts of its
-3-1isomers, or methamphetamine, its salts, isomers, or salts
2of its isomers
 controlled substance, counterfeit substance,
3simulated controlled substance, or imitation controlled
4substance in violation of section 124.401, subsection 1,
5paragraph “a”, “b”, or “c”
.
   6b.  A violation of this subsection is a felony punishable
7under section 902.9, subsection 1, paragraph “a”
 A person
8violating this subsection shall be sentenced to two times the
9term otherwise imposed under section 124.401, subsection 1, and
10no such judgment, sentence, or part thereof shall be deferred
11or suspended
.
   12c.  A second or subsequent violation of this subsection is a
13class “A” felony.
   143.  Delivery to a minor or possession with intent to deliver
15to a minor a controlled substance, counterfeit substance,
16simulated controlled substance, or imitation controlled
17substance in violation of section 124.401, subsection 1,
18paragraph “a”, “b”, or “c”, shall include the following products
19if the person knew or had reasonable cause to believe the
20controlled, counterfeit, simulated, or imitation controlled
21substance would be delivered to a person under eighteen years
22of age:
   23a.  Combining a controlled substance listed in section
24124.401, subsection 1, paragraph “a”, “b”, or “c”, with a food
25or beverage product.
   26b.  Marketing or packaging a controlled substance listed in
27section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to
28appear similar to a food or beverage product.
   29c.  Modifying the flavor or color of a controlled substance
30listed in section 124.401, subsection 1, paragraph “a”, “b”, or
31“c”, to appear similar to a food or beverage product.
32   Sec. 8.  Section 124.413, subsection 1, Code 2023, is amended
33to read as follows:
   341.  Except as provided in subsection 3 and sections 901.11
35and 901.12, a person sentenced pursuant to section 124.401,
-4-1subsection 1, paragraph “a”, “b”, “e”, or “f”“g”, or “h” shall
2not be eligible for parole or work release until the person
3has served a minimum term of confinement of one-third of the
4maximum indeterminate sentence prescribed by law.
5   Sec. 9.  Section 811.1, subsections 1 and 2, Code 2023, are
6amended to read as follows:
   71.  A defendant awaiting judgment of conviction and
8sentencing following either a plea or verdict of guilty of a
9class “A” felony; forcible felony as defined in section 702.11;
10any class “B” felony included in section 462A.14 or 707.6A; any
11felony included in section 124.401, subsection 1, paragraph
12“a” or “b”; a second or subsequent offense under section
13124.401, subsection 1, paragraph “c”; any felony punishable
14under section 902.9, subsection 1, paragraph “a”;
any public
15offense committed while detained pursuant to section 229A.5;
16or any public offense committed while subject to an order of
17commitment pursuant to chapter 229A.
   182.  A defendant appealing a conviction of a class “A”
19felony; forcible felony as defined in section 702.11; any class
20“B” or “C” felony included in section 462A.14 or 707.6A; any
21felony included in section 124.401, subsection 1, paragraph
22“a” or “b”; or a second or subsequent conviction under section
23124.401, subsection 1, paragraph “c”; any felony punishable
24under section 902.9, subsection 1, paragraph “a”;
any public
25offense committed while detained pursuant to section 229A.5;
26or any public offense committed while subject to an order of
27commitment pursuant to chapter 229A.
28   Sec. 10.  Section 901.2, subsection 2, paragraph b, Code
292023, is amended to read as follows:
   30b.  The court shall order a presentence investigation when
31the offense is any felony punishable under section 902.9,
32subsection 1, paragraph “a”, or
a class “B”, class “C”, or
33class “D” felony. A presentence investigation for any felony
34punishable under section 902.9, subsection 1, paragraph “a”,
35or
a class “B”, class “C”, or class “D” felony shall not
-5-1be waived. The court may order, with the consent of the
2defendant, that the presentence investigation begin prior to
3the acceptance of a plea of guilty, or prior to a verdict of
4guilty.
5   Sec. 11.  Section 901.10, Code 2023, is amended by adding the
6following new subsection:
7   NEW SUBSECTION.  1A.  A court sentencing a person for a
8violation of section 124.401, subsection 1, paragraph “g”,
9shall not grant any reduction of sentence.
10   Sec. 12.  Section 902.9, subsection 1, paragraph a, Code
112023, is amended by striking the paragraph.
12   Sec. 13.  Section 906.5, subsection 1, paragraph a, Code
132023, is amended to read as follows:
   14a.  The board shall establish and implement a plan by which
15the board systematically reviews the status of each person who
16has been committed to the custody of the director of the Iowa
17department of corrections and considers the person’s prospects
18for parole or work release. The board at least annually shall
19review the status of a person other than a class “A” felon, a
20class “B” felon serving a sentence of more than twenty-five
21years, or a felon serving an offense punishable under section
22902.9, subsection 1, paragraph “a”,
or a felon serving a
23mandatory minimum sentence other than a class “A” felon, and
24provide the person with notice of the board’s parole or work
25release decision.
26   Sec. 14.  REPEAL.  Section 901.5A, Code 2023, is repealed.
27DIVISION II
28RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS
29   Sec. 15.  Section 135.190, subsection 1, Code 2023, is
30amended by adding the following new paragraph:
31   NEW PARAGRAPH.  e.  “Secondary distributor” means a law
32enforcement agency, emergency medical services program, fire
33department, school district, health care provider, licensed
34behavioral health provider, county health department, or the
35department of health and human services.
-6-
1   Sec. 16.  Section 135.190, subsections 2 and 4, Code 2023,
2are amended to read as follows:
   32.  a.  Notwithstanding any other provision of law to the
4contrary, a licensed health care professional may prescribe an
5opioid antagonist to a person in a position to assist or to a
6secondary distributor
.
   7b.  (1)  Notwithstanding any other provision of law to the
8contrary, a pharmacist licensed under chapter 155A may, by
9standing order or through collaborative agreement, dispense,
10furnish, or otherwise provide an opioid antagonist to a person
11in a position to assist or to a secondary distributor.
   12(2)  A pharmacist or secondary distributor who dispenses,
13furnishes, or otherwise provides an opioid antagonist pursuant
14to a valid prescription, standing order, or collaborative
15agreement shall provide written instruction, which shall
16include emergency, crisis, and substance use referral contact
17information,
to the recipient in accordance with any protocols
18and instructions developed by the department under this
19section.
   204.  A person in a position to assist, a secondary
21distributor,
or a prescriber of an opioid antagonist who has
22acted reasonably and in good faith shall not be liable for
23any injury arising from the provision, administration, or
24assistance in the administration of an opioid antagonist as
25provided in this section.
26   Sec. 17.  Section 147A.18, subsections 1 and 2, Code 2023,
27are amended to read as follows:
   281.  a.  Notwithstanding any other provision of law to the
29contrary, a licensed health care professional may prescribe
30an opioid antagonist in the name of a service program,
31law enforcement agency, or fire department, or secondary
32distributor
to be maintained for use as provided in this
33section. For purposes of this section, “secondary distributor”
34 means the same as defined in section 135.190.

   35b.  (1)  Notwithstanding any other provision of law to the
-7-1contrary, a pharmacist licensed under chapter 155A may, by
2standing order or through collaborative agreement, dispense,
3furnish, or otherwise provide an opioid antagonist in the
4name of a service program, law enforcement agency, or fire
5department, or secondary distributor to be maintained for use
6as provided in this section.
   7(2)  A pharmacist or secondary distributor who dispenses,
8furnishes, or otherwise provides an opioid antagonist pursuant
9to a valid prescription, standing order, or collaborative
10agreement shall provide written instruction, which shall
11include emergency, crisis, and substance referral contact
12information,
to the recipient in accordance with the protocols
13and instructions developed by the department under this
14section.
   152.  A service program, law enforcement agency, or fire
16department, or secondary distributor may obtain a prescription
17for and maintain a supply of opioid antagonists. A service
18program, law enforcement agency, or fire department, or
19secondary distributor
that obtains such a prescription shall
20replace an opioid antagonist upon its use or expiration.
21   Sec. 18.  Section 147A.18, Code 2023, is amended by adding
22the following new subsection:
23   NEW SUBSECTION.  3A.  A secondary distributor may possess
24and provide an opioid antagonist to a person in a position to
25assist as defined in section 135.190.
26   Sec. 19.  Section 147A.18, subsection 4, paragraph b, Code
272023, is amended to read as follows:
   28b.  A service program, law enforcement agency, or fire
29department, or secondary distributor.
30   Sec. 20.  Section 147A.18, subsection 4, Code 2023, is
31amended by adding the following new paragraph:
32   NEW PARAGRAPH.  d.  The pharmacist who dispenses the opioid
33antagonist.
34   Sec. 21.  Section 155A.3, subsections 24 and 54, Code 2023,
35are amended to read as follows:
-8-   124.  “Limited distributor” means a person operating or
2maintaining a location, regardless of the location, where
3prescription drugs or devices are distributed at wholesale or
4to a patient pursuant to a prescription drug order, who is
5not eligible for a wholesale distributor license or pharmacy
6license. “Limited distributor” does not include a secondary
7distributor as defined in section 135.190.

   854.  “Wholesale distributor” means a person, other than
9a manufacturer, a manufacturer’s co-licensed partner, a
10third-party logistics provider, or repackager, engaged in the
11wholesale distribution of a drug. “Wholesale distributor”
12 does not include a secondary distributor as defined in section
13135.190.

14   Sec. 22.  Section 155A.46, subsection 1, paragraph a,
15subparagraph (1), Code 2023, is amended to read as follows:
   16(1)  Naloxone Opioid antagonists for overdose reversals.
17EXPLANATION
18The inclusion of this explanation does not constitute agreement with
19the explanation’s substance by the members of the general assembly.
   20This bill relates to controlled substances including the
21manufacture, delivery, or possession of a controlled substance
22including fentanyl; the manufacture of a controlled substance
23in the presence of a minor; a conspiracy to manufacture for
24delivery or delivery or intent or conspiracy to deliver a
25controlled substance to a minor; the receipt, provision, and
26administration of opioid antagonists, including by secondary
27distributors, provides for immunity; and provides penalties.
28The bill is organized by divisions.
   29DIVISION I — MANUFACTURE, DELIVERY, OR POSSESSION OF A
30CONTROLLED SUBSTANCE.
   31FENTANYL. The bill provides that the manufacture, delivery
32or possession of a controlled substance containing more than 50
33grams of a mixture or substance containing a detectable amount
34of fentanyl or any fentanyl-related substance identified in
35Code section 124.204(9) is a class “B” felony, punishable by
-9-1confinement for no more than 50 years and a fine of not more
2than $1 million.
   3The bill provides that the manufacture, delivery or
4possession of a controlled substance containing more
5than 5 grams but not more than 50 grams of a mixture or
6substance containing a detectable amount of fentanyl or
7any fentanyl-related substance identified in Code section
8124.204(9) is a class “B” felony, punishable by confinement for
9no more than 25 years and a fine of not less than $5,000 nor
10more than $100,000.
   11The bill provides that the manufacture, delivery or
12possession of a controlled substance containing 5 grams or
13less of a mixture or substance containing a detectable amount
14of fentanyl or any fentanyl-related substance identified in
15Code section 124.204(9) is a class “C” felony, punishable by
16confinement for no more than 10 years and a fine of not less
17than $1,000 nor more than $50,000.
   18MANUFACTURE, DELIVERY, OR POSSESSION OF CONTROLLED
19SUBSTANCES — SENTENCING ENHANCEMENTS. The bill provides
20that a person who causes the death of another person while
21participating in the manufacture, delivery, or possession of
22a controlled substance and who is not entitled to protection
23under Code section 124.418 (persons seeking medical assistance
24for drug-related overdose), shall be sentenced to three times
25the term otherwise imposed by law, and no such judgment,
26sentence, or part thereof shall be deferred or suspended.
   27The bill provides that a person who causes serious bodily
28injury to another person while participating in a violation
29of the manufacture, delivery, or possession of a controlled
30substance and who is not entitled to protection under Code
31section 124.418, shall be sentenced to two times the term
32otherwise imposed by law, and no such judgment, sentence, or
33part thereof shall be deferred or suspended.
   34The bill provides that a person’s act of manufacturing or
35delivering a controlled substance that results in the death
-10-1on another person shall be deemed to have caused the other
2person’s death when the controlled substance contributed to the
3other person’s death.
   4MANUFACTURE OF CONTROLLED SUBSTANCES IN PRESENCE OF A MINOR.
5 Current law provides that in addition to any other penalties
6provided in Code chapter 124, a person who is 18 years of age
7or older and who either directly or by extraction from natural
8substances, or independently by means of chemical processes,
9or both, unlawfully manufactures methamphetamine, its salts,
10isomers, or salts of its isomers in the presence of a minor
11shall be sentenced up to an additional term of confinement
12of five years. The bill amends current law to apply to all
13controlled substances listed in Code section 124.401(1)(a,
14b, and c) and provides that a person in violation of this
15provision shall be sentenced to two times the term otherwise
16imposed by law, and no such judgment, sentence, or part thereof
17shall be deferred or suspended.
   18CONSPIRACY TO MANUFACTURE CONTROLLED SUBSTANCES FOR DELIVERY
19TO MINOR. Current law provides that it is unlawful for a
20person 18 years of age or older to act with, or enter into a
21common scheme or design with, or conspire with one or more
22persons to manufacture for delivery to a person under 18 years
23of age a material, compound, mixture, preparation, or substance
24that contains any detectable amount of amphetamine, its salts,
25isomers, or salts of its isomers, or methamphetamine, its
26salts, isomers, or salts of its isomers. A person in violation
27of this provision shall be confined for no more than 99 years.
28The bill strikes this penalty. The bill amends current law
29to apply to all controlled substances listed in Code section
30124.401(1)(a, b, and c) and provides that a person in violation
31of this provision shall be sentenced to two times the term
32otherwise imposed by law, and no such judgment, sentence, or
33part thereof shall be deferred or suspended. A second or
34subsequent violation is a class “A” felony.
   35Current law provides that it is unlawful for a person 18
-11-1years of age or older to deliver, or possess with the intent
2to deliver to a person under 18 years of age, a material,
3compound, mixture, preparation, or substance that contains any
4detectable amount of amphetamine, its salts, isomers, or salts
5of its isomers, or methamphetamine, its salts, isomers, or
6salts of its isomers. A person in violation of this provision
7shall be confined for no more than 99 years. The bill strikes
8this penalty. The bill amends current law to apply to all
9controlled substances listed in Code section 124.401(1)(a,
10b, and c) and provides that a person in violation of this
11provision shall be sentenced to two times the term otherwise
12imposed by law, and no such judgment, sentence, or part
13thereof shall be deferred or suspended. A second or subsequent
14violation is a class “A” felony.
   15The bill provides that a person who is sentenced for
16the death or serious bodily injury to another person while
17participating in the manufacture, delivery, or possession of
18a controlled substance, and who is not entitled to protection
19under Code section 124.418 (persons seeking medical assistance
20for drug-related overdose), shall not be eligible for parole
21or work release until the person has served a minimum term of
22confinement of one-third of the maximum indeterminate sentence
23prescribed by law.
   24The bill makes conforming Code changes due to the strike of
25the 99-year penalty.
   26DELIVERY OF A CONTROLLED SUBSTANCE TO MINOR — FOOD OR
27BEVERAGE PRODUCTS. The bill provides that delivery to a minor
28or possession with intent to deliver to a minor a controlled
29substance, counterfeit substance, simulated controlled
30substance, or imitation controlled substance shall include the
31following products if the person knew or had reasonable cause
32to believe the controlled substance, counterfeit substance,
33simulated controlled substance, or imitation controlled
34substance would be delivered to a person under 18 years of
35age: combining a controlled substance with a food or beverage
-12-1product; marketing or packaging a controlled substance to
2appear similar to a food or beverage product; or modifying the
3flavor or color of a controlled substance to appear similar to
4a food or beverage product.
   5The bill provides that a person sentenced for causing
6the death of another while participating in the manufacture,
7delivery, or possession of a controlled substance shall not be
8granted a reduction of sentence.
   9DIVISION II — RECEIPT, PROVISION, AND ADMINISTRATION OF
10OPIOID ANTAGONISTS — SECONDARY DISTRIBUTORS — IMMUNITY.
11 Current law provides that a licensed health care professional
12may prescribe an opioid antagonist to a person in a position
13to assist. The bill expands this authorization to provide
14that a licensed health care provider may prescribe an opioid
15antagonist to a secondary distributor as defined in the bill.
   16Current law provides that a licensed pharmacist may, by
17standing order or through collaborative agreement, dispense,
18furnish, or otherwise provide an opioid antagonist in the
19name of a service program, law enforcement agency, or fire
20department. The bill expands this authorization to provide
21that a licensed pharmacist may, by standing order or through
22collaborative agreement, dispense, furnish, or otherwise
23provide an opioid antagonist in the name of a secondary
24distributor.
   25The bill includes secondary distributors and the pharmacist
26who dispenses the opioid antagonist, provided they have acted
27reasonably and in good faith, to the list of persons who shall
28not be liable for any injury arising from the provision,
29administration, or assistance in the administration of an
30opioid antagonist.
   31The bill provides that a secondary distributor may obtain a
32prescription for and maintain a supply of opioid antagonists.
33A secondary distributor that obtains such a prescription shall
34replace an opioid antagonist upon its use or expiration.
   35The bill provides that a pharmacist or secondary distributor
-13-1who dispenses, furnishes, or otherwise provides an opioid
2antagonist pursuant to a valid prescription, standing order,
3or collaborative agreement shall provide written instruction,
4including emergency, crisis, and substance use referral contact
5information, to the recipient.
   6The bill provides that a secondary distributor may possess
7and provide an opioid antagonist to a person in a position to
8assist.
   9The bill provides that the terms “limited distributor” and
10“wholesale distributor” do not include a secondary distributor
11for purposes of Code chapter 155A (pharmacy).
   12The bill provides that a pharmacist may order and administer
13opioid antagonists for overdose reversals to patients ages 18
14years and older instead of naloxone.
   
-14-
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