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HF 595 – Controlled Substances, Penalty Enhancements and Fentanyl Penalties (LSB1229HV)
Staff Contacts: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 595 relates to controlled substances, including fentanyl, and the administration of
opioid antagonists and provides penalties. The Bill is organized by divisions.
Division I — Manufacture, Delivery, or Possession of a Controlled Substance
Description
Division I of the Bill addresses the manufacture, delivery, or possession of controlled
substances; the manufacture or conspiracy to manufacture a controlled substance in the
presence of a minor; and the delivery or conspiracy to deliver a controlled substance to a minor
and provides penalties.
Table 1 shows expanded penalties under the Bill, Table 2 shows the enhanced sentences
under the Bill, and Table 3 shows the controlled substances added to Iowa Code sections
124.401C and 124.401D.
Table 1 — Expanded Penalties
Description Felony Penalty
The manufacture, delivery, or possession
of a fentanyl-related substance containing
more than 50 grams.
Class B
Confinement for no more than 50
years and a fine of not more than
$1.0 million.
The manufacture, delivery, or possession
of a fentanyl-related substance containing
more than 5 grams but not more than 50
grams.
Class B
Confinement for no more than 25
years and a fine of not less than
$5,000 nor more than $100,000.
The manufacture, delivery, or possession
of a fentanyl-related substance containing
5 grams or fewer.
Class C
Confinement for no more than 10
years and a fine of not less than
$1,000 nor more than $50,000.
Fiscal Note
Fiscal Services Division 2
Table 2 — Enhanced Sentencing
Description Penalty
An individual who causes the death of another
person while participating in the manufacture,
delivery, or possession of a controlled substance
and who is not seeking medical assistance for a
drug-related overdose.
Three times the term otherwise
imposed by law, and no such
judgment, sentence, or part thereof
may be deferred or suspended.
An individual who causes serious bodily injury to
another person while participating in the
manufacture, delivery, or possession of a controlled
substance and who is not seeking medical
assistance for a drug-related overdose.
Two times the term otherwise
imposed by law, and no such
judgement, sentence, or part thereof
may be deferred or suspended.
The delivery to a minor or possession with the intent
to deliver to a minor a controlled substance,
counterfeit substance, simulated controlled
substance, or imitation controlled substance will
include combining a controlled substance with a
food or beverage product, marketing or packaging a
controlled substance to appear similar to a food or
beverage product, or modifying the flavor or color of
a controlled substance to appear similar to a food or
beverage product.
Two times the term otherwise
imposed by law, and no such
judgement, sentence, or part thereof
may be deferred or suspended.
Table 3 — Manufacture, Delivery, or Possession of a Controlled Substance
Description
Penalty
Current law provides that a person who is 18 years of
age or older who either directly or by extraction from
natural substances, or independently by means of
chemical processes, or both, unlawfully manufactures
methamphetamine or its salts, isomers, or salts of its
isomers in the presence of a minor will be sentenced
up to an additional term of confinement of five years.
The Bill adds any controlled substance listed in Iowa
Code section 124.401(1)(a, b, and c) to this crime.
The previous penalty of the felony was
confinement for no more than 50 years
and a fine of not more than $1.0 million.
The Bill allows two times the term
otherwise imposed by law, and no such
judgement, sentence, or part thereof
may be deferred or suspended. A
second or subsequent violation is a
Class A felony.
Current law states that it is unlawful for a person 18
years of age or older to act with, or enter into a
common scheme or design with, or conspire with one
or more persons to manufacture for delivery to a
person under 18 years of age a material, compound,
mixture, preparation, or substance that contains any
detectable amount of amphetamine, its salts, isomers,
or salts of its isomers, or methamphetamine, its salts,
isomers, or salts of its isomers. The Bill adds any
controlled substances listed in Iowa Code section
124.401(1)(a, b, and c) to this crime.
The previous penalty of confinement for
no more than 99 years is stricken and
provides that a person in violation will
be sentenced to two times the term
otherwise imposed by law, and no such
judgement, sentence, or part thereof
may be deferred or suspended. A
second or subsequent violation is a
Class A felony.
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Background
Fentanyl and a fentanyl-related substance are categorized under Iowa Code section 124.204(9)
as a Schedule I substance.
Under Iowa Code section 124.401(1)(a)(8), the manufacture, delivery, or possession of more
than 10 kilograms of fentanyl or a fentanyl-related substance is a Class B felony and punishable
by confinement for no more than 50 years and a fine of not more than $1.0 million.
Under Iowa Code section 124.401(1)(b)(9), the manufacture, delivery, or possession of more
than 5 kilograms of but not more than 10 kilograms of fentanyl or a fentanyl-related substance is
a Class B felony and punishable by confinement for no more than 25 years and a fine of not
less than $5,000 nor more than $100,000.
Under Iowa Code section 124.401(1)(c)(8), the manufacture, delivery, or possession of 5
kilograms or less of fentanyl or a fentanyl-related substance is a Class C felony and punishable
by confinement for no more than 10 years and a fine of not less than $1,000 nor more than
$50,000.
Fentanyl and all controlled substances listed in Iowa Code section 124.401(1)(a, b, and c) are
being introduced into the following Iowa Code sections, which currently only apply to
methamphetamines or amphetamines:
• Iowa Code section 124.401C, relating to manufacturing, currently only applies to
methamphetamine, and the enhanced penalty is an additional term of confinement of five
years.
• Iowa Code section 124.401D(1)(a), relating to the conspiracy to manufacture for delivery to
a minor, currently only applies to amphetamine or methamphetamine, and a first conviction
for a violation under this section is punishable by confinement up to 99 years under Iowa
Code section 902.9(1)(a).
• Iowa Code section 124.401D(2)(a), relating to the delivery to or possession with the intent to
deliver to a minor, currently only applies to amphetamine or methamphetamine. A first
conviction for a violation under this section is punishable by confinement up to 99 years
under Iowa Code section 902.9(1)(a).
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends, prisoner length of stay (LOS), revocation rates, plea bargaining, and
other criminal justice system policies and procedures.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first
entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of
this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
Because the Bill expands current law and creates new penalties, the correctional impact of the
Bill cannot be estimated.
In FY 2022, there were 527 individuals admitted to prison and 1,550 admitted to Community-
Based Corrections (CBC) for the manufacture/delivery of any controlled substances under Iowa
Code section 124.401(1). In FY 2022, there were no individuals admitted to prison or to CBC
for the manufacture/delivery involving a minor under Iowa Code section 124.401D.
Table 4 shows estimates for sentencing to State prison, parole, probation, or CBC residential
facilities; LOS in months under those supervisions; and supervision marginal costs per day for 4
all convictions of Class C felonies, Class D felonies, aggravated misdemeanors, and serious
misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the
General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January
20, 2023, for information related to the correctional system.
Table 4 — Sentencing Estimates and LOS
Minority Impact
House File 595 expands current law and creates new penalties. As a result, the Division of
Criminal and Juvenile Justice Planning (CJJP) of the Department of Human Rights cannot use
prior existing data to estimate the minority impact of HF 595. However, of the 527 prison
admissions for manufacture/delivery of controlled substances under Iowa Code section
124.401(1), 75.0% were Caucasian, 14.8% were African American, and 10.2% were other
races. Of the 1,550 admitted to CBC under Iowa Code section 124.401(1), 71.0% were
Caucasian, 19.1% were African American, and 9.9% were other races. Iowa’s population is
84.5% Caucasian, 3.6% African American, and 11.9% other races.
Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement,
dated January 20, 2023, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 595 expands current law and creates new penalties. As a result, the fiscal impact
cannot be determined due to a lack of existing data. Table 5 shows the average State cost per
offense for a Class B felony and Class C felony. The estimated impact to the State General
Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and
the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years
for prison and parole supervision.
Table 5 — Average State Cost Per Offense
Division II — Receipt, Provision, and Administration of Opioid Antagonists
Description
Division II of the Bill expands the authorization for the receipt, provision, and administration of
opioid antagonists to secondary distributors and provides immunity for affected individuals.
The Bill makes the following changes:
• A licensed health care provider may prescribe an opioid antagonist to a secondary
distributor. Conviction Offense Class
Percent
Ordered
to State
Prison
FY 22 Avg LOS In
Prison In Months
(All Releases)
FY 22
Marginal
Cost Per
Day Prison
Percent
Ordered
to
Probation
FY 22 Avg
LOS on
Probation
In Months
FY 22 Avg
Cost Per
Day
Probation
Percent
Sentenced to
CBC Residential
Facility
FY 22
Marginal
Cost Per
Day CBC
Percent
Ordered
to County
Jail
Marginal
Cost Per
Day Jail
FY 22 Avg
LOS on
Parole In
Months
FY 22
Marginal
Cost Per
Day Parole
B Felony Persons 95.2% 115.8 $23.42 4.8% 38.3 $7.27 0.0% $20.6745.2% $50.00 33.1 $7.27
C Felony Persons 89.8% 50.1 $23.4227.6% 39.0 $7.27 3.6% $20.6743.2% $50.00 19.5 $7.27 Offense ClassAverage Cost
Class B Felony$14,200 to $46,300
Class C Felony$12,100 to $25,100 5
• Secondary distributors include the following list of qualified individuals: a law enforcement
agency, an emergency medical services program, a fire department, a school district, a
health care provider, a licensed behavioral health provider, a county health department, or
the Department of Health and Human Services (HHS).
• A licensed pharmacist may dispense, furnish, or provide an opioid antagonist in the name of
secondary distributors and provide liability protection for both parties.
• Both secondary distributors and the pharmacist who dispenses the opioid antagonist are
added to the list of persons who are granted immunity arising from any injury resulting from
using an opioid antagonist under Iowa Code section 147A.18.
• A secondary distributor may obtain a prescription for and maintain a supply of antagonists,
with the responsibility of replacing the antagonist upon its use or expiration.
• A pharmacist or a secondary distributor who provides an opioid antagonist pursuant to a
valid prescription, standing order, or collaborative agreement must provide written
instruction, including emergency, crisis, and substance use referral contact information, to
the recipient.
• A secondary distributor may possess and provide an opioid antagonist to a person in a
position to assist.
• Pharmacists may order and administer other opioid antagonists for overdose reversals to
patients ages 18 years and older instead of naloxone.
Background
Current law allows licensed health care professionals to prescribe an opioid antagonist to a
person in a position to render aid to a person at risk of experiencing an opioid-related overdose.
This may be a family member, friend, caregiver, employee of a substance abuse treatment
facility, or another individual whom a health care professional deems appropriate.
A person in a position to assist and administer an opioid antagonist, when prescribed by a
health care professional, who has acted reasonably and in good faith is not held liable for any
injury arising from administering the opioid antagonist when under the belief that the individual is
experiencing an opioid-related overdose.
Current law provides that a licensed pharmacist may, by standing order or through collaborative
agreement, dispense, furnish, or otherwise provide an opioid antagonist in the name of a
service program, law enforcement agency, or fire department.
Iowa Code section 155A.46 previously listed naloxone as the only approved opioid antagonist,
but the Bill broadens this language to include any opioid antagonists that are used for overdose
reversals.
Through federal grants, the HHS purchased approximately 4,300 naloxone kits (rate of $47.50
per kit) for a total of $204,000 in FY 2022. The Department has budgeted $668,000 in FY 2024
and FY 2025 from federal grants to fund additional kits. These kits are provided to law
enforcement agencies, fire departments, businesses, organizations, and schools to have on
hand for administration purposes in the event of a suspected opioid overdose.
Assumptions
• HHS will not be required to be a secondary distributor.
• The current budgeted amount of naloxone kits will not be exceeded and HHS will not be
required to purchase additional kits.
Fiscal Impact
Division II of the Bill is estimated to have little to no fiscal impact. 6
Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
Department of Public Safety
Department of Health and Human Services
/s/ Jennifer Acton
March 20, 2023
Doc ID 1371019
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov