Bill Text: IA HSB609 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to controlled substances, including amending the controlled substance schedules, removing certain references to marijuana, making penalties applicable, and including effective date provisions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-13 - Committee report, recommending passage. H.J. 277. [HSB609 Detail]

Download: Iowa-2019-HSB609-Introduced.html
House Study Bill 609 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF PHARMACY BILL) A BILL FOR An Act relating to controlled substances, including amending 1 the controlled substance schedules, removing certain 2 references to marijuana, making penalties applicable, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5331DP (5) 88 ss/rh
S.F. _____ H.F. _____ Section 1. Section 124.201A, Code 2020, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 124.201A Cannabis-derived products —— rules. 4 1. If a cannabis-derived investigational product approved 5 as a prescription drug medication by the United States food 6 and drug administration is added to the federal schedule 7 of controlled substances by the federal drug enforcement 8 administration and notice of the addition is given to the 9 board, the board shall similarly add the prescription drug 10 medication in the schedule of controlled substances under this 11 chapter. 12 2. If a cannabis-derived product approved as a 13 prescription drug medication by the United States food and 14 drug administration is eliminated from or revised in the 15 federal schedule of controlled substances by the federal drug 16 enforcement administration and notice of the elimination or 17 revision is given to the board, the board shall similarly 18 eliminate or revise the prescription drug medication in the 19 schedule of controlled substances under this chapter. 20 3. The board shall adopt rules pursuant to chapter 17A 21 to administer this section. The board may adopt rules on an 22 emergency basis as provided in section 17A.4, subsection 3, and 23 section 17A.5, subsection 2, to administer this section, and 24 the rules shall be effective immediately upon filing unless 25 a later date is specified in the rules. Any emergency rules 26 adopted in accordance with this section shall also be published 27 as a notice of intended action as provided in section 17A.4, 28 subsection 1. 29 4. Any cannabis-derived investigational product or 30 cannabis-derived product approved as a prescription drug 31 medication by the United States food and drug administration 32 shall not be considered marijuana or cannabimimetic agents, 33 both as defined in section 124.204, tetrahydrocannabinols 34 as used in section 124.204, subsection 4, paragraph “u” , 35 -1- LSB 5331DP (5) 88 ss/rh 1/ 7
S.F. _____ H.F. _____ unnumbered paragraph 1, or hemp as defined in section 204.2. 1 Sec. 2. Section 124.204, subsection 2, Code 2020, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . be. MT-45 (1-cyclohexyl-4-(1,2- 4 diphenylethyl)piperazine). 5 Sec. 3. Section 124.204, subsection 4, paragraph m, Code 6 2020, is amended to read as follows: 7 m. Marijuana , except as otherwise provided by rules of the 8 board for medicinal purposes . 9 Sec. 4. Section 124.204, subsection 4, paragraph u, 10 unnumbered paragraph 1, Code 2020, is amended to read as 11 follows: 12 Tetrahydrocannabinols, except as otherwise provided 13 by rules of the board for medicinal purposes, meaning 14 tetrahydrocannabinols naturally contained in a plant of 15 the genus Cannabis (Cannabis plant) as well as synthetic 16 equivalents of the substances contained in the Cannabis plant, 17 or in the resinous extractives of such plant, and synthetic 18 substances, derivatives, and their isomers with similar 19 chemical structure and pharmacological activity to those 20 substances contained in the plant, such as the following: 21 Sec. 5. Section 124.204, subsection 6, paragraph i, Code 22 2020, is amended by adding the following new subparagraphs: 23 NEW SUBPARAGRAPH . (27) 1-(1,3-benzodioxol-5-yl)-2- 24 (ethylamino)-pentan-1-one. Other names: N-ethylpentylone or 25 ephylone. 26 NEW SUBPARAGRAPH . (28) N-Ethylhexedrone, its optical, 27 positional, and geometric isomers, salts and salts of isomers 28 (Other name: 2-(ethylamino)-1-phenylhexan-1-one). 29 NEW SUBPARAGRAPH . (29) alpha-Pyrrolidinohexanophenone, its 30 optical, positional, and geometric isomers, salts and salts of 31 isomers (Other names: α -PHP; alpha-pyrrolidinohexiophenone; 32 1-phenyl-2-(pyrrolidin-1-yl)hexan-1-one). 33 NEW SUBPARAGRAPH . (30) 4-Methyl-alpha- 34 ethylaminopentiophenone, its optical, positional, and geometric 35 -2- LSB 5331DP (5) 88 ss/rh 2/ 7
S.F. _____ H.F. _____ isomers, salts and salts of isomers (Other names: 4—MEAP; 1 2-(ethylamino)-1-(4-methylphenyl)pentan-1-one). 2 NEW SUBPARAGRAPH . (31) 4’-Methyl-alpha- 3 pyrrolidinohexiophenone, its optical, positional, and 4 geometric isomers, salts and salts of isomers (Other 5 names: MPHP; 4’-methyl-alpha-pyrrolidinohexanophenone; 6 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)hexan-1-one). 7 NEW SUBPARAGRAPH . (32) alpha-Pyrrolidinoheptaphenone, 8 its optical, positional, and geometic isomers, 9 salts and salts of isomers (Other names: PV8; 10 1-phenyl-2-(pyrrolidin-1-yl)heptan-1-one). 11 NEW SUBPARAGRAPH . (33) 4’-Chloro-alpha- 12 pyrrolidinovalerophenone, its optical, positional, and 13 geometric isomers, salts and salts of isomers (Other names: 14 4-chloro- α -PVP; 4’-chloro-alpha-pyrrolidinopentiophenone; 15 1-(4-chlorophenyl)-2-(pyrrolidin-1-yl)pentan-1-one). 16 Sec. 6. Section 124.204, subsection 7, Code 2020, is amended 17 by striking the subsection. 18 Sec. 7. Section 124.204, subsection 9, Code 2020, is amended 19 by adding the following new paragraphs: 20 NEW PARAGRAPH . af. N-(1-phenethylpiperidin-4-yl)-N- 21 phenylcyclopropanecarboxamide, its isomers, esters, ethers, 22 salts and salts of isomers, esters, and ethers. Other name: 23 cyclopropyl fentanyl. 24 NEW PARAGRAPH . ag. N-(1-phenethylpiperidin-4-yl)-N- 25 phenylpentanamide, its isomers, esters, ethers, salts and salts 26 of isomers, esters and ethers. Other name: valeryl fentanyl. 27 NEW PARAGRAPH . ah. N-(4-fluorophenyl)-N-(1- 28 phenethylpiperidin-4-yl)butyramide, its isomers, esters, 29 ethers, salts and salts of isomers, esters, and ethers. Other 30 name: para-fluorobutyryl fentanyl. 31 NEW PARAGRAPH . ai. N-(4-methoxyphenyl)-N- 32 (1-phenethylpiperidin-4-yl)butryamide, its isomers, esters, 33 ethers, salts and salts of isomers, esters, and ethers. Other 34 name: para-methyoxybutyryl fentanyl. 35 -3- LSB 5331DP (5) 88 ss/rh 3/ 7
S.F. _____ H.F. _____ NEW PARAGRAPH . aj. N-(4-chlorophenyl)-N-(1- 1 phenethylpiperidin-4-yl)isobutryramide, its isomers, esters, 2 ethers, salts and salts of isomers, esters, and ethers. Other 3 name: para-chloroisobutyryl fentanyl. 4 NEW PARAGRAPH . ak. N-(1-phenethylpiperidin-4-yl)- 5 N-phenylisobutyramide, its isomers, esters, ethers, salts and 6 salts of isomers, esters, and ethers. Other name: isobutyryl 7 fentanyl. 8 NEW PARAGRAPH . al. N-(1-phenethylpiperidin-4-yl)- 9 N-phenylcyclopentanecarboxamide, its isomers, esters, ethers, 10 salts and salts of isomers, esters, and ethers. Other name: 11 cyclopentyl fentanyl. 12 NEW PARAGRAPH . am. N-(2-fluorophenyl)-2-methoxy-N- 13 (1-phenethylpiperidin-4-yl)acetamide, its isomers, esters, 14 ethers, salts and salts of isomers, esters, and ethers. Other 15 name: ocfentanil. 16 NEW PARAGRAPH . an. Fentanyl-related substances, their 17 isomers, esters, ethers, salts and salts of isomers, esters 18 and ethers. “Fentanyl-related substance” means any substance 19 not otherwise listed under this schedule or another schedule, 20 and for which no exemption or approval is in effect under 21 section 505 of the federal Food, Drug, and Cosmetic Act that 22 is structurally related to fentanyl by one or more of the 23 following modifications: 24 (1) Replacement of the phenyl portion of the phenethyl group 25 by any monocycle, whether or not further substituted in or on 26 the monocycle. 27 (2) Substitution in or on the phenethyl group with alkyl, 28 alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro 29 groups. 30 (3) Substitution in or on the piperidine ring with alkyl, 31 alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, 32 amino, or nitro groups. 33 (4) Replacement of the aniline ring with any aromatic 34 monocycle whether or not further substituted in or on the 35 -4- LSB 5331DP (5) 88 ss/rh 4/ 7
S.F. _____ H.F. _____ aromatic monocycle. 1 (5) Replacement of the N -propionyl group by another acyl 2 group. 3 NEW PARAGRAPH . ao. Naphthalen-1-yl 1-(5-fluoropentyl)- 4 1 H -indole-3-carboxylate. Other names: NM2201 or CBL2201. 5 NEW PARAGRAPH . ap. N -(1-amino-3-methyl-1-oxobutan- 6 2-yl)-1-(5-fluoropentyl)-1 H -indazole-3-carboxamide. Other 7 name: 5F-AB-PINACA. 8 NEW PARAGRAPH . aq. 1-(4-cyanobutyl)- N -(2-phenylpropan- 9 2-yl)-1 H -indazole-3-carboxamide. Other names: 10 4-CN-CUMYL-BUTINACA, 4-cyano-CUMYL-BUTINACA, 4-CN-CUMYL 11 BINACA, CUMYL-4CN-BINACA, or SGT-78. 12 NEW PARAGRAPH . ar. Methyl 2-(1-(cyclohexylmethyl)-1 H - 13 indole-3-carboxamido)-3-methylbutanoate. Other names: 14 MMB-CHMICA or AMB-CHMICA. 15 NEW PARAGRAPH . as. 1-(5-fluoropentyl)- N -(2- 16 phenylpropan-2-yl)-1 H -pyrrolo[2,3-b]pyridine-3-carboxamide. 17 Other name: 5F-CUMYL-P7AICA. 18 NEW PARAGRAPH . at. Ethyl 2-(1-(5-fluoropentyl)-1H- 19 indazole-3-carboxamido)-3,3-dimethylbutanoate, its optical, 20 positional, and geometric isomers, salts and salts of isomers 21 (other name: 5F-EDMB-PINACA). 22 NEW PARAGRAPH . au. Methyl 2-(1-(5-fluoropentyl)-1H-indole- 23 3-carboxamido)-3,3-dimethylbutanoate, its optical, positional, 24 and geometric isomers, salts and salts of isomers (other name: 25 5F-MDMB-PICA). 26 NEW PARAGRAPH . av. N-(adamantan-1-yl)-1-(4-fluorobenzyl)- 27 1H-indazole-3-carboxamide, its optical, positional, and 28 geometric isomers, salts and salts of isomers (other names: 29 FUB-AKB48, FUB-APINACA, AKB48 N-(4-FLUOROBENZYL)). 30 NEW PARAGRAPH . aw. 1-(5-fluoropentyl)-N-(2- 31 phenylpropan-2-yl)-1H-indazole-3-carboxamide, its optical, 32 positional, and geometric isomers, salts and salts of isomers 33 (other names: 5F-CUMYL-PINACA, SGT-25). 34 NEW PARAGRAPH . ax. (1-(4-fluorobenzyl)-1H- 35 -5- LSB 5331DP (5) 88 ss/rh 5/ 7
S.F. _____ H.F. _____ indol-3-yl)(2,2,3,3-tetramethylcyclopropyl) methanone, its 1 optical, positional, and geometric isomers, salts and salts of 2 isomers (other name: FUB-144). 3 Sec. 8. Section 124.206, subsection 7, paragraph a, Code 4 2020, is amended by striking the paragraph. 5 Sec. 9. Section 124.208, subsection 3, paragraph c, Code 6 2020, is amended to read as follows: 7 c. Any substance which contains any quantity of a derivative 8 of barbituric acid or any salt thereof including but not 9 limited to Fioricet . 10 Sec. 10. Section 124.210, subsection 3, Code 2020, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . bd. Brexanolone. 13 Sec. 11. Section 124.210, subsection 6, Code 2020, is 14 amended by adding the following new paragraph: 15 NEW PARAGRAPH . m. Solriamfetol (2-amino-3-phenylpropyl 16 carbamate; benzenepropanol, beta-amino-, carbamate (ester). 17 Sec. 12. Section 124.212, Code 2020, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 6. Approved cannabidiol drugs. A 20 drug product in finished dosage formulation that 21 has been approved by the United States food and 22 drug administration that contains cannabidiol 23 (2-[1R-3-methyl-6R-(1-methylethenyl)-2-cyclohexen-1-yl]-5- 24 pentyl-1,3-benzenediol) derived from cannabis and no more than 25 0.1 percent (w/w) residual tetrahydrocannabinols. 26 Sec. 13. EFFECTIVE DATE. This Act, being deemed of 27 immediate importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to controlled substances. 32 The bill allows the board of pharmacy to change the scheduled 33 status of cannabis-derived products and cannabis-derived 34 investigational products based on scheduling decisions of the 35 -6- LSB 5331DP (5) 88 ss/rh 6/ 7
S.F. _____ H.F. _____ United States food and drug administration and the federal 1 drug enforcement administration in the federal schedule of 2 controlled substances. 3 The bill classifies nine synthetic opioids, one opioid 4 analgesic, ten synthetic cannabinoids, and seven synthetic 5 cathinones as schedule I controlled substances under the Iowa 6 uniform controlled substances Act (Act). The bill classifies 7 all products which contain derivatives of barbituric acid 8 (butalbital) as schedule III controlled substances under the 9 Act, subject to reporting to the prescription monitoring 10 program, and classifies one central nervous system depressant 11 and one central nervous system stimulant as schedule IV 12 controlled substances under the Act. The bill classifies any 13 United States food and drug administration-approved product 14 containing cannabidiol that contains no more than 0.1 percent 15 tetrahydrocannabinols as a schedule V controlled substance 16 under the Act. 17 The bill strikes language referring to medical marijuana 18 programs of the board of pharmacy. 19 The bill is effective upon enactment. 20 -7- LSB 5331DP (5) 88 ss/rh 7/ 7
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