Bill Text: IA SSB1096 | 2013-2014 | 85th General Assembly | Introduced

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Bill Title: A study bill for an act 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 - Judiciary: Quirmbach Chair,Courtney, and Zaun. [SSB1096 Detail]

Download: Iowa-2013-SSB1096-Introduced.html

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Senate Study Bill 1096 - 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
to temporarily designate a substance a controlled substance,
classifying certain synthetic cannabinoids as schedule I
controlled substances, and providing penalties and making
penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 124.201, subsection 4, Code 2013, is
amended to read as follows:
4. a. 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.
b. If any new substance has not been designated as a
controlled substance under federal law and the board finds that
the substance poses an imminent hazard to public safety, the
board may designate the substance a controlled substance.
c. If a substance is designated as controlled by the board
under this subsection , the control shall be temporary and if
within sixty days after the next regular session of the general
assembly convenes it has not made the corresponding changes
in this chapter , the temporary designation of control of the
substance by the board shall be nullified.
Sec. 2. Section 124.204, subsection 4, paragraph ai,
subparagraph (5), subparagraph division (a), Code 2013, is
amended by adding the following new subparagraph subdivisions:
NEW SUBPARAGRAPH SUBDIVISION . (vi) 3-tetramethyl-
cyclopropanoylindole by substitution at the nitrogen atom of
the indole ring, whether or not further substituted in the
indole ring to any extent, whether or not substituted on the
cyclopropyl ring to any extent.
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NEW SUBPARAGRAPH SUBDIVISION . (vii) 3-(1-adamantoyl)indole
by substitution at the nitrogen atom of the indole ring,
whether or not further substituted in the indole ring to any
extent, whether or not substituted on the adamantoyl ring to
any extent.
NEW SUBPARAGRAPH SUBDIVISION . (viii) N-(1-
adamantoyl)indazole-3-carboxamide by substitution at the
1-nitrogen atom of the indazole ring, whether or not further
substituted in the indazole ring to any extent, whether or not
substituted on the adamantoyl ring to any extent.
Sec. 3. Section 124.204, subsection 4, paragraph ai,
subparagraph (5), subparagraph division (b), Code 2013, is
amended by adding the following new subparagraph subdivisions:
NEW SUBPARAGRAPH SUBDIVISION . (xvi) UR-144
NEW SUBPARAGRAPH SUBDIVISION . (xvii) XLR-11
NEW SUBPARAGRAPH SUBDIVISION . (xviii) A-796,260
NEW SUBPARAGRAPH SUBDIVISION . (xix) AM-1248
NEW SUBPARAGRAPH SUBDIVISION . (xx) AB-001
NEW SUBPARAGRAPH SUBDIVISION . (xxi) AKB-48
Sec. 4. Section 124.401, subsection 1, paragraph d, Code
2013, 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” , section 124.204, subsection 6 , paragraph “i” ,
or classified in schedule IV or V is an aggravated misdemeanor.
However, violation of this subsection involving any 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” ,
involving fifty kilograms or less of marijuana , or involving
flunitrazepam is a class “D” felony.
EXPLANATION
This bill grants authority to the board of pharmacy to
temporarily designate a substance a controlled substance,
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classifies certain synthetic cannabinoids as schedule I
controlled substances, and provides penalties and makes
penalties applicable.
BOARD OF PHARMACY AUTHORITY —— CONTROLLED SUBSTANCES.
The bill specifies that if any new substance has not been
designated a controlled substance under federal law and the
board of pharmacy finds that the substance poses an imminent
hazard to public safety, the board may designate the substance
a controlled substance. If a substance is designated as a
controlled substance by the board pursuant to the bill, the
control shall be temporary and, if within 60 days after the
next regular session of the general assembly convenes, the
substance has not been classified as a controlled substance
by the general assembly, the temporary controlled substance
designation by the board is nullified.
SCHEDULE I CONTROLLED SUBSTANCES —— SYNTHETIC CANNABINOIDS.
The bill adds certain synthetic cannabinoids to the list of
schedule I controlled substances in Code section 124.204
(4)(ai).
CRIMINAL PENALTIES.
MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER
—— CERTAIN SCHEDULE I CONTROLLED SUBSTANCES. Under current
law, it is an aggravated misdemeanor pursuant to Code section
124.401(1)(d) for any unauthorized person to manufacture,
deliver, or possess with the intent to manufacture or deliver a
cannibimimetic agent or a synthetic cathinone classified as a
schedule I controlled substance in Code section 124.204(4)(ai)
or 124.204(6)(i), including its counterfeit or simulated form,
or to act with, enter into a common scheme or design with, or
conspire with one or more persons to manufacture, deliver, or
possess with intent to manufacture or deliver such a schedule
I controlled substance. The bill increases the penalties for
violations of these provisions to a class “D” felony.
POSSESSION —— SCHEDULE I CONTROLLED SUBSTANCES. A class “D”
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
misdemeanor is punishable by confinement for no more than one
year and a fine of at least $315 but not more than $1,875. An
aggravated misdemeanor is punishable by confinement for no more
than two years and a fine of at least $625 but not more than
$6,250.
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