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House File 296 - EnrolledAn Actrelating to controlled substances, including by
temporarily designating substances as controlled substances,
modifying the penalties for imitation controlled substances
and certain controlled substances, modifying the controlled
substances listed in schedules I, III, and IV, modifying
requirements for electronic prescriptions, and providing
penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
temporary controlled substances
Section 1. Section 124.201, subsection 4, Code 2017, is
amended to read as follows:
4. If any new substance is designated as a controlled
substance under federal law and notice of the designation is
given to the board, the board shall similarly designate as
controlled the new substance under this chapter after the
expiration of thirty days from publication in the federal
register of a final order designating a new substance as a
controlled substance, unless within that thirty-day period
the board objects to the new designation. In that case the
board shall publish the reasons for objection and afford
all interested parties an opportunity to be heard. At
the conclusion of the hearing the board shall announce its
decision. Upon publication of objection to a new substance
being designated as a controlled substance under this chapter
by the board, control under this chapter is stayed until the
board publishes its decision. If a substance is designated
as controlled by the board under this subsection the control
shall be considered a temporary and if, within sixty days after
the next regular session of the general assembly convenes,
the general assembly has not made the corresponding changes
in this chapter, the temporary designation of control of
the substance by the board shall be nullified amendment to
the schedules of controlled substances in this chapter. If
the board so designates a substance as controlled, which
is considered a temporary amendment to the schedules of
controlled substances in this chapter, and if the general
assembly does not amend this chapter to enact the temporary
amendment and make the enactment effective within two years
from the date the temporary amendment first became effective,
the temporary amendment is repealed by operation of law two
years from the effective date of the temporary amendment. A
temporary amendment repealed by operation of law is subject to
-1-section 4.13 relating to the construction of statutes and the
application of a general savings provision.
DIVISION II
imitation controlled substances
Sec. 2. Section 124.101, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 15A. “Imitation controlled substance” means
a substance which is not a controlled substance but which by
color, shape, size, markings, and other aspects of dosage unit
appearance, and packaging or other factors, appears to be or
resembles a controlled substance. The board may designate a
substance as an imitation controlled substance pursuant to the
board’s rulemaking authority and in accordance with chapter
17A. “Imitation controlled substance” also means any substance
determined to be an imitation controlled substance pursuant to
section 124.101B.
Sec. 3. NEW SECTION. 124.101B Factors indicating an
imitation controlled substance.
If a substance has not been designated as an imitation
controlled substance by the board and if dosage unit appearance
alone does not establish that a substance is an imitation
controlled substance, the following factors may be considered
in determining whether the substance is an imitation controlled
substance:
1. The person in control of the substance expressly or
impliedly represents that the substance has the effect of a
controlled substance.
2. The person in control of the substance expressly
or impliedly represents that the substance because of its
nature or appearance can be sold or delivered as a controlled
substance or as a substitute for a controlled substance.
3. The person in control of the substance either demands or
receives money or other property having a value substantially
greater than the actual value of the substance as consideration
for delivery of the substance.
-2- Sec. 4. Section 124.401, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
Except as authorized by this chapter, it is unlawful for any
person to manufacture, deliver, or possess with the intent to
manufacture or deliver, a controlled substance, a counterfeit
substance, or a simulated controlled substance, or an imitation
controlled substance, or to act with, enter into a common
scheme or design with, or conspire with one or more other
persons to manufacture, deliver, or possess with the intent to
manufacture or deliver a controlled substance, a counterfeit
substance, or a simulated controlled substance, or an imitation
controlled substance.
Sec. 5. Section 124.401, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Violation of this subsection, with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances, is a
class “B” felony, and notwithstanding section 902.9, subsection
1, paragraph “b”, shall be punished by confinement for no
more than fifty years and a fine of not more than one million
dollars:
Sec. 6. Section 124.401, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances is a
class “B” felony, and in addition to the provisions of section
902.9, subsection 1, paragraph “b”, shall be punished by a
fine of not less than five thousand dollars nor more than one
hundred thousand dollars:
Sec. 7. Section 124.401, subsection 1, paragraph c,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
-3- Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances is a
class “C” felony, and in addition to the provisions of section
902.9, subsection 1, paragraph “d”, shall be punished by a
fine of not less than one thousand dollars nor more than fifty
thousand dollars:
Sec. 8. Section 124.401, subsection 1, paragraph c,
subparagraph (8), Code 2017, is amended to read as follows:
(8) Any other controlled substance, counterfeit substance,
or simulated controlled substance, or imitation controlled
substance classified in schedule I, II, or III, except as
provided in paragraph “d”.
Sec. 9. Section 124.401, subsection 2, Code 2017, is amended
to read as follows:
2. If the same person commits two or more acts which are in
violation of subsection 1 and the acts occur in approximately
the same location or time period so that the acts can be
attributed to a single scheme, plan, or conspiracy, the acts
may be considered a single violation and the weight of the
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances
involved may be combined for purposes of charging the offender.
Sec. 10. Section 124.401, subsection 5, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
It is unlawful for any person knowingly or intentionally
to possess a controlled substance unless such substance was
obtained directly from, or pursuant to, a valid prescription
or order of a practitioner while acting in the course of the
practitioner’s professional practice, or except as otherwise
authorized by this chapter. Any person who violates this
subsection is guilty of a serious misdemeanor for a first
offense. A person who commits a violation of this subsection
and who has previously been convicted of violating this chapter
or chapter 124A, 124B, or 453B, or chapter 124A as it existed
-4-prior to July 1, 2017, is guilty of an aggravated misdemeanor.
A person who commits a violation of this subsection and has
previously been convicted two or more times of violating this
chapter or chapter 124A, 124B, or 453B, or chapter 124A as it
existed prior to July 1, 2017, is guilty of a class “D” felony.
Sec. 11. Section 124.401A, Code 2017, is amended to read as
follows:
124.401A Enhanced penalty for manufacture or distribution to
persons on certain real property.
In addition to any other penalties provided in this chapter,
a person who is eighteen years of age or older who unlawfully
manufactures with intent to distribute, distributes, or
possesses with intent to distribute a substance or counterfeit
substance listed in schedule I, II, or III, or a simulated or
imitation controlled substance represented to be a controlled
substance classified in schedule I, II, or III, to another
person who is eighteen years of age or older in or on, or within
one thousand feet of the real property comprising a public or
private elementary or secondary school, public park, public
swimming pool, public recreation center, or on a marked school
bus, may be sentenced up to an additional term of confinement
of five years.
Sec. 12. Section 124.401B, Code 2017, is amended to read as
follows:
124.401B Possession of controlled substances on certain real
property — additional penalty.
In addition to any other penalties provided in this chapter
or another chapter, a person who unlawfully possesses a
substance listed in schedule I, II, or III, or a simulated or
imitation controlled substance represented to be a controlled
substance classified in schedule I, II, or III, in or on, or
within one thousand feet of the real property comprising a
public or private elementary or secondary school, public park,
public swimming pool, public recreation center, or on a marked
school bus, may be sentenced to one hundred hours of community
-5-service work for a public agency or a nonprofit charitable
organization. The court shall provide the offender with a
written statement of the terms and monitoring provisions of the
community service.
Sec. 13. Section 124.406, subsection 2, Code 2017, is
amended to read as follows:
2. A person who is eighteen years of age or older who:
a. Unlawfully distributes or possesses with the intent to
distribute a counterfeit substance listed in schedule I or II,
or a simulated or imitation controlled substance represented
to be a substance classified in schedule I or II, to a person
under eighteen years of age commits a class “B” felony.
However, if the substance was distributed in or on, or within
one thousand feet of, the real property comprising a public or
private elementary or secondary school, public park, public
swimming pool, public recreation center, or on a marked school
bus, the person shall serve a minimum term of confinement of
ten years.
b. Unlawfully distributes or possesses with intent to
distribute a counterfeit substance listed in schedule III, or
a simulated or imitation controlled substance represented to
be any substance listed in schedule III, to a person under
eighteen years of age who is at least three years younger than
the violator commits a class “C” felony.
c. Unlawfully distributes a counterfeit substance listed
in schedule IV or V, or a simulated or imitation controlled
substance represented to be a substance listed in schedule IV
or V, to a person under eighteen years of age who is at least
three years younger than the violator commits an aggravated
misdemeanor.
Sec. 14. Section 124.415, Code 2017, is amended to read as
follows:
124.415 Parental and school notification — persons under
eighteen years of age.
A peace officer shall make a reasonable effort to identify a
-6-person under the age of eighteen discovered to be in possession
of a controlled substance, counterfeit substance, or simulated
controlled substance, or imitation controlled substance in
violation of this chapter, and if the person is not referred
to juvenile court, the law enforcement agency of which the
peace officer is an employee shall make a reasonable attempt
to notify the person’s custodial parent or legal guardian
of such possession, whether or not the person is arrested,
unless the officer has reasonable grounds to believe that such
notification is not in the best interests of the person or will
endanger that person. If the person is taken into custody,
the peace officer shall notify a juvenile court officer who
shall make a reasonable effort to identify the elementary or
secondary school the person attends, if any, and to notify the
superintendent of the school district, the superintendent’s
designee, or the authorities in charge of the nonpublic school
of the taking into custody. A reasonable attempt to notify
the person includes but is not limited to a telephone call or
notice by first-class mail.
Sec. 15. NEW SECTION. 124.417 Imitation controlled
substances — exceptions.
It is not unlawful under this chapter for a person registered
under section 124.302, to manufacture, deliver, or possess with
the intent to manufacture or deliver, or to act with, one or
more other persons to manufacture, deliver, or possess with
the intent to manufacture or deliver an imitation controlled
substance for use as a placebo by a registered practitioner in
the course of professional practice or research.
Sec. 16. Section 124.502, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. A district judge or district associate judge, within
the court’s jurisdiction, and upon proper oath or affirmation
showing probable cause, may issue warrants for the purpose of
conducting administrative inspections under this chapter or
a related rule or under chapter 124A. The warrant may also
-7-permit seizures of property appropriate to the inspections.
For purposes of the issuance of administrative inspection
warrants, probable cause exists upon showing a valid public
interest in the effective enforcement of the statute or related
rules, sufficient to justify administrative inspection of the
area, premises, building, or conveyance in the circumstances
specified in the application for the warrant.
Sec. 17. Section 155A.6, subsection 3, Code 2017, is amended
to read as follows:
3. The board shall establish standards for
pharmacist-intern registration and may deny, suspend,
or revoke a pharmacist-intern registration for failure to meet
the standards or for any violation of the laws of this state,
another state, or the United States relating to prescription
drugs, controlled substances, or nonprescription drugs, or for
any violation of this chapter or chapter 124, 124A, 124B, 126,
147, or 205, or any rule of the board.
Sec. 18. Section 155A.6A, subsection 5, Code 2017, is
amended to read as follows:
5. The board may deny, suspend, or revoke the registration
of, or otherwise discipline, a registered pharmacy technician
for any violation of the laws of this state, another state, or
the United States relating to prescription drugs, controlled
substances, or nonprescription drugs, or for any violation of
this chapter or chapter 124, 124A, 124B, 126, 147, 205, or
272C, or any rule of the board.
Sec. 19. Section 155A.6B, subsection 5, Code 2017, is
amended to read as follows:
5. The board may deny, suspend, or revoke the registration
of a pharmacy support person or otherwise discipline the
pharmacy support person for any violation of the laws of
this state, another state, or the United States relating to
prescription drugs, controlled substances, or nonprescription
drugs, or for any violation of this chapter or chapter 124,
124A, 124B, 126, 147, 205, or 272C, or any rule of the board.
-8- Sec. 20. Section 155A.13A, subsection 5, paragraph d, Code
2017, is amended to read as follows:
d. Any violation of this chapter or chapter 124, 124A, 124B,
126, or 205, or rule of the board.
Sec. 21. Section 155A.17, subsection 2, Code 2017, is
amended to read as follows:
2. The board shall establish standards for drug wholesaler
licensure and may define specific types of wholesaler licenses.
The board may deny, suspend, or revoke a drug wholesale license
for failure to meet the applicable standards or for a violation
of the laws of this state, another state, or the United
States relating to prescription drugs, devices, or controlled
substances, or for a violation of this chapter, chapter 124,
124A, 124B, 126, or 205, or a rule of the board.
Sec. 22. Section 155A.42, subsection 4, Code 2017, is
amended to read as follows:
4. The board may deny, suspend, or revoke a limited drug and
device distributor’s license for failure to meet the applicable
standards or for a violation of the laws of this state, another
state, or the United States relating to prescription drugs or
controlled substances, or for a violation of this chapter,
chapter 124, 124A, 124B, 126, 205, or 272C, or a rule of the
board.
Sec. 23. REPEAL. Chapter 124A, Code 2017, is repealed.
DIVISION III
CONTROLLED SUBSTANCES — penalties
Sec. 24. Section 124.401, subsection 1, paragraph a, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (8) More than ten kilograms of a
mixture or substance containing any detectable amount of those
substances identified in section 124.204, subsection 9.
Sec. 25. Section 124.401, subsection 1, paragraph b, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (9) More than five kilograms but not
more than ten kilograms of a mixture or substance containing
-9-any detectable amount of those substances identified in section
124.204, subsection 9.
Sec. 26. Section 124.401, subsection 1, paragraph c, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (7A) Five kilograms or less of a
mixture or substance containing any detectable amount of those
substances identified in section 124.204, subsection 9.
Sec. 27. Section 124.401, subsection 1, paragraph d, Code
2017, is amended to read as follows:
d. Violation of this subsection, with respect to any other
controlled substances, counterfeit substances, or simulated
controlled substances classified in section 124.204, subsection
4, paragraph “ai”, or section 124.204, subsection 6, paragraph
“i”, or, or imitation controlled substances classified in
schedule IV or V is an aggravated misdemeanor. However,
violation of this subsection involving fifty kilograms or less
of marijuana or involving flunitrazepam is a class “D” felony.
DIVISION IV
ADDITIONAL CONTROLLED SUBSTANCES
Sec. 28. Section 124.204, subsection 9, Code 2017, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. p. N-(1-phenethylpiperidin-4-yl)-N-
phenylfuran-2-carboxamide, its isomers, esters, ethers, salts
and salts of isomers, esters and ethers. Other names: Furanyl
fentanyl.
NEW PARAGRAPH. q. N-(1-phenethylpiperidin-4-yl)-N-
phenylbutyramide, its isomers, esters, ethers, salts and salts
of isomers, esters and ethers. Other names: Butyryl fentanyl.
NEW PARAGRAPH. r. N-[1-[2-hydroxy-2-(thiophen-2-
yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers,
esters, ethers, salts and salts of isomers, esters and ethers.
Other names: beta-hydroxythiofentanyl.
NEW PARAGRAPH. s. 3,4-Dichloro-N-[2-
(dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers,
esters, ethers, salts and salts of isomers, esters and ethers.
-10-Other names: U-47700.
DIVISION V
electronic prescriptions
Sec. 29. Section 155A.27, subsection 1, paragraph b, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) Notwithstanding paragraph “a”,
subparagraph (5), for prescriptions for drugs that are not
controlled substances, if transmitted by an authorized agent,
the electronic prescription shall not require the written
or electronic signature of the practitioner issuing the
prescription.
-11-______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 296, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorjm/nh/md
temporarily designating substances as controlled substances,
modifying the penalties for imitation controlled substances
and certain controlled substances, modifying the controlled
substances listed in schedules I, III, and IV, modifying
requirements for electronic prescriptions, and providing
penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
temporary controlled substances
Section 1. Section 124.201, subsection 4, Code 2017, is
amended to read as follows:
4. If any new substance is designated as a controlled
substance under federal law and notice of the designation is
given to the board, the board shall similarly designate as
controlled the new substance under this chapter after the
expiration of thirty days from publication in the federal
register of a final order designating a new substance as a
controlled substance, unless within that thirty-day period
the board objects to the new designation. In that case the
board shall publish the reasons for objection and afford
all interested parties an opportunity to be heard. At
the conclusion of the hearing the board shall announce its
decision. Upon publication of objection to a new substance
being designated as a controlled substance under this chapter
by the board, control under this chapter is stayed until the
board publishes its decision. If a substance is designated
as controlled by the board under this subsection the control
shall be considered a temporary and if, within sixty days after
the next regular session of the general assembly convenes,
the general assembly has not made the corresponding changes
in this chapter, the temporary designation of control of
the substance by the board shall be nullified amendment to
the schedules of controlled substances in this chapter. If
the board so designates a substance as controlled, which
is considered a temporary amendment to the schedules of
controlled substances in this chapter, and if the general
assembly does not amend this chapter to enact the temporary
amendment and make the enactment effective within two years
from the date the temporary amendment first became effective,
the temporary amendment is repealed by operation of law two
years from the effective date of the temporary amendment. A
temporary amendment repealed by operation of law is subject to
-1-section 4.13 relating to the construction of statutes and the
application of a general savings provision.
DIVISION II
imitation controlled substances
Sec. 2. Section 124.101, Code 2017, is amended by adding the
following new subsection:
NEW SUBSECTION. 15A. “Imitation controlled substance” means
a substance which is not a controlled substance but which by
color, shape, size, markings, and other aspects of dosage unit
appearance, and packaging or other factors, appears to be or
resembles a controlled substance. The board may designate a
substance as an imitation controlled substance pursuant to the
board’s rulemaking authority and in accordance with chapter
17A. “Imitation controlled substance” also means any substance
determined to be an imitation controlled substance pursuant to
section 124.101B.
Sec. 3. NEW SECTION. 124.101B Factors indicating an
imitation controlled substance.
If a substance has not been designated as an imitation
controlled substance by the board and if dosage unit appearance
alone does not establish that a substance is an imitation
controlled substance, the following factors may be considered
in determining whether the substance is an imitation controlled
substance:
1. The person in control of the substance expressly or
impliedly represents that the substance has the effect of a
controlled substance.
2. The person in control of the substance expressly
or impliedly represents that the substance because of its
nature or appearance can be sold or delivered as a controlled
substance or as a substitute for a controlled substance.
3. The person in control of the substance either demands or
receives money or other property having a value substantially
greater than the actual value of the substance as consideration
for delivery of the substance.
-2- Sec. 4. Section 124.401, subsection 1, unnumbered paragraph
1, Code 2017, is amended to read as follows:
Except as authorized by this chapter, it is unlawful for any
person to manufacture, deliver, or possess with the intent to
manufacture or deliver, a controlled substance, a counterfeit
substance, or a simulated controlled substance, or an imitation
controlled substance, or to act with, enter into a common
scheme or design with, or conspire with one or more other
persons to manufacture, deliver, or possess with the intent to
manufacture or deliver a controlled substance, a counterfeit
substance, or a simulated controlled substance, or an imitation
controlled substance.
Sec. 5. Section 124.401, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Violation of this subsection, with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances, is a
class “B” felony, and notwithstanding section 902.9, subsection
1, paragraph “b”, shall be punished by confinement for no
more than fifty years and a fine of not more than one million
dollars:
Sec. 6. Section 124.401, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances is a
class “B” felony, and in addition to the provisions of section
902.9, subsection 1, paragraph “b”, shall be punished by a
fine of not less than five thousand dollars nor more than one
hundred thousand dollars:
Sec. 7. Section 124.401, subsection 1, paragraph c,
unnumbered paragraph 1, Code 2017, is amended to read as
follows:
-3- Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances is a
class “C” felony, and in addition to the provisions of section
902.9, subsection 1, paragraph “d”, shall be punished by a
fine of not less than one thousand dollars nor more than fifty
thousand dollars:
Sec. 8. Section 124.401, subsection 1, paragraph c,
subparagraph (8), Code 2017, is amended to read as follows:
(8) Any other controlled substance, counterfeit substance,
or simulated controlled substance, or imitation controlled
substance classified in schedule I, II, or III, except as
provided in paragraph “d”.
Sec. 9. Section 124.401, subsection 2, Code 2017, is amended
to read as follows:
2. If the same person commits two or more acts which are in
violation of subsection 1 and the acts occur in approximately
the same location or time period so that the acts can be
attributed to a single scheme, plan, or conspiracy, the acts
may be considered a single violation and the weight of the
controlled substances, counterfeit substances, or simulated
controlled substances, or imitation controlled substances
involved may be combined for purposes of charging the offender.
Sec. 10. Section 124.401, subsection 5, unnumbered
paragraph 1, Code 2017, is amended to read as follows:
It is unlawful for any person knowingly or intentionally
to possess a controlled substance unless such substance was
obtained directly from, or pursuant to, a valid prescription
or order of a practitioner while acting in the course of the
practitioner’s professional practice, or except as otherwise
authorized by this chapter. Any person who violates this
subsection is guilty of a serious misdemeanor for a first
offense. A person who commits a violation of this subsection
and who has previously been convicted of violating this chapter
or chapter 124A, 124B, or 453B, or chapter 124A as it existed
-4-prior to July 1, 2017, is guilty of an aggravated misdemeanor.
A person who commits a violation of this subsection and has
previously been convicted two or more times of violating this
chapter or chapter 124A, 124B, or 453B, or chapter 124A as it
existed prior to July 1, 2017, is guilty of a class “D” felony.
Sec. 11. Section 124.401A, Code 2017, is amended to read as
follows:
124.401A Enhanced penalty for manufacture or distribution to
persons on certain real property.
In addition to any other penalties provided in this chapter,
a person who is eighteen years of age or older who unlawfully
manufactures with intent to distribute, distributes, or
possesses with intent to distribute a substance or counterfeit
substance listed in schedule I, II, or III, or a simulated or
imitation controlled substance represented to be a controlled
substance classified in schedule I, II, or III, to another
person who is eighteen years of age or older in or on, or within
one thousand feet of the real property comprising a public or
private elementary or secondary school, public park, public
swimming pool, public recreation center, or on a marked school
bus, may be sentenced up to an additional term of confinement
of five years.
Sec. 12. Section 124.401B, Code 2017, is amended to read as
follows:
124.401B Possession of controlled substances on certain real
property — additional penalty.
In addition to any other penalties provided in this chapter
or another chapter, a person who unlawfully possesses a
substance listed in schedule I, II, or III, or a simulated or
imitation controlled substance represented to be a controlled
substance classified in schedule I, II, or III, in or on, or
within one thousand feet of the real property comprising a
public or private elementary or secondary school, public park,
public swimming pool, public recreation center, or on a marked
school bus, may be sentenced to one hundred hours of community
-5-service work for a public agency or a nonprofit charitable
organization. The court shall provide the offender with a
written statement of the terms and monitoring provisions of the
community service.
Sec. 13. Section 124.406, subsection 2, Code 2017, is
amended to read as follows:
2. A person who is eighteen years of age or older who:
a. Unlawfully distributes or possesses with the intent to
distribute a counterfeit substance listed in schedule I or II,
or a simulated or imitation controlled substance represented
to be a substance classified in schedule I or II, to a person
under eighteen years of age commits a class “B” felony.
However, if the substance was distributed in or on, or within
one thousand feet of, the real property comprising a public or
private elementary or secondary school, public park, public
swimming pool, public recreation center, or on a marked school
bus, the person shall serve a minimum term of confinement of
ten years.
b. Unlawfully distributes or possesses with intent to
distribute a counterfeit substance listed in schedule III, or
a simulated or imitation controlled substance represented to
be any substance listed in schedule III, to a person under
eighteen years of age who is at least three years younger than
the violator commits a class “C” felony.
c. Unlawfully distributes a counterfeit substance listed
in schedule IV or V, or a simulated or imitation controlled
substance represented to be a substance listed in schedule IV
or V, to a person under eighteen years of age who is at least
three years younger than the violator commits an aggravated
misdemeanor.
Sec. 14. Section 124.415, Code 2017, is amended to read as
follows:
124.415 Parental and school notification — persons under
eighteen years of age.
A peace officer shall make a reasonable effort to identify a
-6-person under the age of eighteen discovered to be in possession
of a controlled substance, counterfeit substance, or simulated
controlled substance, or imitation controlled substance in
violation of this chapter, and if the person is not referred
to juvenile court, the law enforcement agency of which the
peace officer is an employee shall make a reasonable attempt
to notify the person’s custodial parent or legal guardian
of such possession, whether or not the person is arrested,
unless the officer has reasonable grounds to believe that such
notification is not in the best interests of the person or will
endanger that person. If the person is taken into custody,
the peace officer shall notify a juvenile court officer who
shall make a reasonable effort to identify the elementary or
secondary school the person attends, if any, and to notify the
superintendent of the school district, the superintendent’s
designee, or the authorities in charge of the nonpublic school
of the taking into custody. A reasonable attempt to notify
the person includes but is not limited to a telephone call or
notice by first-class mail.
Sec. 15. NEW SECTION. 124.417 Imitation controlled
substances — exceptions.
It is not unlawful under this chapter for a person registered
under section 124.302, to manufacture, deliver, or possess with
the intent to manufacture or deliver, or to act with, one or
more other persons to manufacture, deliver, or possess with
the intent to manufacture or deliver an imitation controlled
substance for use as a placebo by a registered practitioner in
the course of professional practice or research.
Sec. 16. Section 124.502, subsection 1, paragraph a, Code
2017, is amended to read as follows:
a. A district judge or district associate judge, within
the court’s jurisdiction, and upon proper oath or affirmation
showing probable cause, may issue warrants for the purpose of
conducting administrative inspections under this chapter or
a related rule or under chapter 124A. The warrant may also
-7-permit seizures of property appropriate to the inspections.
For purposes of the issuance of administrative inspection
warrants, probable cause exists upon showing a valid public
interest in the effective enforcement of the statute or related
rules, sufficient to justify administrative inspection of the
area, premises, building, or conveyance in the circumstances
specified in the application for the warrant.
Sec. 17. Section 155A.6, subsection 3, Code 2017, is amended
to read as follows:
3. The board shall establish standards for
pharmacist-intern registration and may deny, suspend,
or revoke a pharmacist-intern registration for failure to meet
the standards or for any violation of the laws of this state,
another state, or the United States relating to prescription
drugs, controlled substances, or nonprescription drugs, or for
any violation of this chapter or chapter 124, 124A, 124B, 126,
147, or 205, or any rule of the board.
Sec. 18. Section 155A.6A, subsection 5, Code 2017, is
amended to read as follows:
5. The board may deny, suspend, or revoke the registration
of, or otherwise discipline, a registered pharmacy technician
for any violation of the laws of this state, another state, or
the United States relating to prescription drugs, controlled
substances, or nonprescription drugs, or for any violation of
this chapter or chapter 124, 124A, 124B, 126, 147, 205, or
272C, or any rule of the board.
Sec. 19. Section 155A.6B, subsection 5, Code 2017, is
amended to read as follows:
5. The board may deny, suspend, or revoke the registration
of a pharmacy support person or otherwise discipline the
pharmacy support person for any violation of the laws of
this state, another state, or the United States relating to
prescription drugs, controlled substances, or nonprescription
drugs, or for any violation of this chapter or chapter 124,
124A, 124B, 126, 147, 205, or 272C, or any rule of the board.
-8- Sec. 20. Section 155A.13A, subsection 5, paragraph d, Code
2017, is amended to read as follows:
d. Any violation of this chapter or chapter 124, 124A, 124B,
126, or 205, or rule of the board.
Sec. 21. Section 155A.17, subsection 2, Code 2017, is
amended to read as follows:
2. The board shall establish standards for drug wholesaler
licensure and may define specific types of wholesaler licenses.
The board may deny, suspend, or revoke a drug wholesale license
for failure to meet the applicable standards or for a violation
of the laws of this state, another state, or the United
States relating to prescription drugs, devices, or controlled
substances, or for a violation of this chapter, chapter 124,
124A, 124B, 126, or 205, or a rule of the board.
Sec. 22. Section 155A.42, subsection 4, Code 2017, is
amended to read as follows:
4. The board may deny, suspend, or revoke a limited drug and
device distributor’s license for failure to meet the applicable
standards or for a violation of the laws of this state, another
state, or the United States relating to prescription drugs or
controlled substances, or for a violation of this chapter,
chapter 124, 124A, 124B, 126, 205, or 272C, or a rule of the
board.
Sec. 23. REPEAL. Chapter 124A, Code 2017, is repealed.
DIVISION III
CONTROLLED SUBSTANCES — penalties
Sec. 24. Section 124.401, subsection 1, paragraph a, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (8) More than ten kilograms of a
mixture or substance containing any detectable amount of those
substances identified in section 124.204, subsection 9.
Sec. 25. Section 124.401, subsection 1, paragraph b, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (9) More than five kilograms but not
more than ten kilograms of a mixture or substance containing
-9-any detectable amount of those substances identified in section
124.204, subsection 9.
Sec. 26. Section 124.401, subsection 1, paragraph c, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (7A) Five kilograms or less of a
mixture or substance containing any detectable amount of those
substances identified in section 124.204, subsection 9.
Sec. 27. Section 124.401, subsection 1, paragraph d, Code
2017, is amended to read as follows:
d. Violation of this subsection, with respect to any other
controlled substances, counterfeit substances, or simulated
controlled substances classified in section 124.204, subsection
4, paragraph “ai”, or section 124.204, subsection 6, paragraph
“i”, or, or imitation controlled substances classified in
schedule IV or V is an aggravated misdemeanor. However,
violation of this subsection involving fifty kilograms or less
of marijuana or involving flunitrazepam is a class “D” felony.
DIVISION IV
ADDITIONAL CONTROLLED SUBSTANCES
Sec. 28. Section 124.204, subsection 9, Code 2017, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. p. N-(1-phenethylpiperidin-4-yl)-N-
phenylfuran-2-carboxamide, its isomers, esters, ethers, salts
and salts of isomers, esters and ethers. Other names: Furanyl
fentanyl.
NEW PARAGRAPH. q. N-(1-phenethylpiperidin-4-yl)-N-
phenylbutyramide, its isomers, esters, ethers, salts and salts
of isomers, esters and ethers. Other names: Butyryl fentanyl.
NEW PARAGRAPH. r. N-[1-[2-hydroxy-2-(thiophen-2-
yl)ethyl]piperidin-4-yl]-N-phenylpropionamide, its isomers,
esters, ethers, salts and salts of isomers, esters and ethers.
Other names: beta-hydroxythiofentanyl.
NEW PARAGRAPH. s. 3,4-Dichloro-N-[2-
(dimethylamino)cyclohexyl]-N-methylbenzamide, its isomers,
esters, ethers, salts and salts of isomers, esters and ethers.
-10-Other names: U-47700.
DIVISION V
electronic prescriptions
Sec. 29. Section 155A.27, subsection 1, paragraph b, Code
2017, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (3) Notwithstanding paragraph “a”,
subparagraph (5), for prescriptions for drugs that are not
controlled substances, if transmitted by an authorized agent,
the electronic prescription shall not require the written
or electronic signature of the practitioner issuing the
prescription.
-11-______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 296, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorjm/nh/md