Bill Text: IA HSB85 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill relating to granting authority to the board of pharmacy to temporarily designate a substance a controlled substance, classifying certain synthetic cannabinoids as schedule I controlled substances, and providing penalties and making penalties applicable.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - Public Safety: Olson, S. Chair,Sands, and Wolfe. [HSB85 Detail]
Download: Iowa-2013-HSB85-Introduced.html
House
Study
Bill
85
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR’S
OFFICE
OF
DRUG
CONTROL
POLICY
BILL)
A
BILL
FOR
An
Act
relating
to
granting
authority
to
the
board
of
pharmacy
1
to
temporarily
designate
a
substance
a
controlled
substance,
2
classifying
certain
synthetic
cannabinoids
as
schedule
I
3
controlled
substances,
and
providing
penalties
and
making
4
penalties
applicable.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
124.201,
subsection
4,
Code
2013,
is
1
amended
to
read
as
follows:
2
4.
a.
If
any
new
substance
is
designated
as
a
controlled
3
substance
under
federal
law
and
notice
of
the
designation
is
4
given
to
the
board,
the
board
shall
similarly
designate
as
5
controlled
the
new
substance
under
this
chapter
after
the
6
expiration
of
thirty
days
from
publication
in
the
Federal
7
Register
of
a
final
order
designating
a
new
substance
as
a
8
controlled
substance,
unless
within
that
thirty-day
period
9
the
board
objects
to
the
new
designation.
In
that
case
the
10
board
shall
publish
the
reasons
for
objection
and
afford
11
all
interested
parties
an
opportunity
to
be
heard.
At
12
the
conclusion
of
the
hearing
the
board
shall
announce
its
13
decision.
Upon
publication
of
objection
to
a
new
substance
14
being
designated
as
a
controlled
substance
under
this
chapter
15
by
the
board,
control
under
this
chapter
is
stayed
until
the
16
board
publishes
its
decision.
17
b.
If
any
new
substance
has
not
been
designated
as
a
18
controlled
substance
under
federal
law
and
the
board
finds
that
19
the
substance
poses
an
imminent
hazard
to
public
safety,
the
20
board
may
designate
the
substance
a
controlled
substance.
21
c.
If
a
substance
is
designated
as
controlled
by
the
board
22
under
this
subsection
,
the
control
shall
be
temporary
and
if
23
within
sixty
days
after
the
next
regular
session
of
the
general
24
assembly
convenes
it
has
not
made
the
corresponding
changes
25
in
this
chapter
,
the
temporary
designation
of
control
of
the
26
substance
by
the
board
shall
be
nullified.
27
Sec.
2.
Section
124.204,
subsection
4,
paragraph
ai,
28
subparagraph
(5),
subparagraph
division
(a),
Code
2013,
is
29
amended
by
adding
the
following
new
subparagraph
subdivisions:
30
NEW
SUBPARAGRAPH
SUBDIVISION
.
(vi)
3-tetramethyl-
31
cyclopropanoylindole
by
substitution
at
the
nitrogen
atom
of
32
the
indole
ring,
whether
or
not
further
substituted
in
the
33
indole
ring
to
any
extent,
whether
or
not
substituted
on
the
34
cyclopropyl
ring
to
any
extent.
35
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NEW
SUBPARAGRAPH
SUBDIVISION
.
(vii)
3-(1-adamantoyl)indole
1
by
substitution
at
the
nitrogen
atom
of
the
indole
ring,
2
whether
or
not
further
substituted
in
the
indole
ring
to
any
3
extent,
whether
or
not
substituted
on
the
adamantoyl
ring
to
4
any
extent.
5
NEW
SUBPARAGRAPH
SUBDIVISION
.
(viii)
N-(1-
6
adamantoyl)indazole-3-carboxamide
by
substitution
at
the
7
1-nitrogen
atom
of
the
indazole
ring,
whether
or
not
further
8
substituted
in
the
indazole
ring
to
any
extent,
whether
or
not
9
substituted
on
the
adamantoyl
ring
to
any
extent.
10
Sec.
3.
Section
124.204,
subsection
4,
paragraph
ai,
11
subparagraph
(5),
subparagraph
division
(b),
Code
2013,
is
12
amended
by
adding
the
following
new
subparagraph
subdivisions:
13
NEW
SUBPARAGRAPH
SUBDIVISION
.
(xvi)
UR-144
14
NEW
SUBPARAGRAPH
SUBDIVISION
.
(xvii)
XLR-11
15
NEW
SUBPARAGRAPH
SUBDIVISION
.
(xviii)
A-796,260
16
NEW
SUBPARAGRAPH
SUBDIVISION
.
(xix)
AM-1248
17
NEW
SUBPARAGRAPH
SUBDIVISION
.
(xx)
AB-001
18
NEW
SUBPARAGRAPH
SUBDIVISION
.
(xxi)
AKB-48
19
Sec.
4.
Section
124.401,
subsection
1,
paragraph
d,
Code
20
2013,
is
amended
to
read
as
follows:
21
d.
Violation
of
this
subsection
,
with
respect
to
any
other
22
controlled
substances,
counterfeit
substances,
or
simulated
23
controlled
substances
classified
in
section
124.204,
subsection
24
4,
paragraph
“ai”
,
section
124.204,
subsection
6
,
paragraph
“i”
,
25
or
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
26
However,
violation
of
this
subsection
involving
any
controlled
27
substances,
counterfeit
substances,
or
simulated
controlled
28
substances
classified
in
section
124.204,
subsection
4,
29
paragraph
“ai”
,
or
section
124.204,
subsection
6,
paragraph
“i”
,
30
involving
fifty
kilograms
or
less
of
marijuana
,
or
involving
31
flunitrazepam
is
a
class
“D”
felony.
32
EXPLANATION
33
This
bill
grants
authority
to
the
board
of
pharmacy
to
34
temporarily
designate
a
substance
a
controlled
substance,
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classifies
certain
synthetic
cannabinoids
as
schedule
I
1
controlled
substances,
and
provides
penalties
and
makes
2
penalties
applicable.
3
BOARD
OF
PHARMACY
AUTHORITY
——
CONTROLLED
SUBSTANCES.
4
The
bill
specifies
that
if
any
new
substance
has
not
been
5
designated
a
controlled
substance
under
federal
law
and
the
6
board
of
pharmacy
finds
that
the
substance
poses
an
imminent
7
hazard
to
public
safety,
the
board
may
designate
the
substance
8
a
controlled
substance.
If
a
substance
is
designated
as
a
9
controlled
substance
by
the
board
pursuant
to
the
bill,
the
10
control
shall
be
temporary
and,
if
within
60
days
after
the
11
next
regular
session
of
the
general
assembly
convenes,
the
12
substance
has
not
been
classified
as
a
controlled
substance
13
by
the
general
assembly,
the
temporary
controlled
substance
14
designation
by
the
board
is
nullified.
15
SCHEDULE
I
CONTROLLED
SUBSTANCES
——
SYNTHETIC
CANNABINOIDS.
16
The
bill
adds
certain
synthetic
cannabinoids
to
the
list
of
17
schedule
I
controlled
substances
in
Code
section
124.204
18
(4)(ai).
19
CRIMINAL
PENALTIES.
20
MANUFACTURE,
DELIVERY,
OR
POSSESSION
WITH
INTENT
TO
DELIVER
21
——
CERTAIN
SCHEDULE
I
CONTROLLED
SUBSTANCES.
Under
current
22
law,
it
is
an
aggravated
misdemeanor
pursuant
to
Code
section
23
124.401(1)(d)
for
any
unauthorized
person
to
manufacture,
24
deliver,
or
possess
with
the
intent
to
manufacture
or
deliver
a
25
cannibimimetic
agent
or
a
synthetic
cathinone
classified
as
a
26
schedule
I
controlled
substance
in
Code
section
124.204(4)(ai)
27
or
124.204(6)(i),
including
its
counterfeit
or
simulated
form,
28
or
to
act
with,
enter
into
a
common
scheme
or
design
with,
or
29
conspire
with
one
or
more
persons
to
manufacture,
deliver,
or
30
possess
with
intent
to
manufacture
or
deliver
such
a
schedule
31
I
controlled
substance.
The
bill
increases
the
penalties
for
32
violations
of
these
provisions
to
a
class
“D”
felony.
33
POSSESSION
——
SCHEDULE
I
CONTROLLED
SUBSTANCES.
A
class
“D”
34
felony
is
punishable
by
confinement
for
no
more
than
five
years
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and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
A
serious
1
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
2
year
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
An
3
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
4
than
two
years
and
a
fine
of
at
least
$625
but
not
more
than
5
$6,250.
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