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 TLSB 1306DP (4) 85 rh/rj

S.F. _____ H.F. _____ 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 -1- LSB 1306DP (4) 85 rh/rj 1/ 4

S.F. _____ H.F. _____ 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, 35 -2- LSB 1306DP (4) 85 rh/rj 2/ 4

S.F. _____ H.F. _____ 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 35 -3- LSB 1306DP (4) 85 rh/rj 3/ 4

S.F. _____ H.F. _____ 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. 6 -4- LSB 1306DP (4) 85 rh/rj 4/ 4