Senate Study Bill 1096 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) A BILL FOR An Act relating to controlled substances including the 1 manufacture, delivery, or possession of a controlled 2 substance including fentanyl; the manufacture of a 3 controlled substance in the presence of a minor; conspiracy 4 to manufacture for delivery or delivery or intent or 5 conspiracy to deliver a controlled substance to a 6 minor; receipt, provision, and administration of opioid 7 antagonists, including by secondary distributors, providing 8 for immunity; and providing penalties. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 1229XL (7) 90 as/rh
S.F. _____ H.F. _____ DIVISION I 1 MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE 2 Section 1. Section 124.401, subsection 1, paragraph a, 3 subparagraph (8), Code 2023, is amended to read as follows: 4 (8) More than ten kilograms of a mixture or substance 5 containing any detectable amount of those substances identified 6 in section 124.204, subsection 9 , except for a mixture or 7 substance containing any detectable amount of fentanyl or any 8 fentanyl-related substance identified in section 124.204, 9 subsection 9 . 10 Sec. 2. Section 124.401, subsection 1, paragraph a, Code 11 2023, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (9) More than fifty grams of a mixture 13 or substance containing a detectable amount of fentanyl or 14 any fentanyl-related substance identified in section 124.204, 15 subsection 9. 16 Sec. 3. Section 124.401, subsection 1, paragraph b, Code 17 2023, is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (10) More than five grams but not 19 more than fifty grams of a mixture or substance containing a 20 detectable amount of fentanyl or any fentanyl-related substance 21 identified in section 124.204, subsection 9. 22 Sec. 4. Section 124.401, subsection 1, paragraph c, Code 23 2023, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (10) Five grams or less of a mixture 25 or substance containing a detectable amount of fentanyl or 26 any fentanyl-related substance identified in section 124.204, 27 subsection 9. 28 Sec. 5. Section 124.401, subsection 1, Code 2023, is amended 29 by adding the following new paragraphs: 30 NEW PARAGRAPH . g. A person who causes the death of another 31 person while participating in a violation of this subsection 32 and who is not entitled to protection under section 124.418, 33 shall be sentenced to three times the term otherwise imposed by 34 law, and no such judgment, sentence, or part thereof shall be 35 -1- LSB 1229XL (7) 90 as/rh 1/ 13
S.F. _____ H.F. _____ deferred or suspended. 1 NEW PARAGRAPH . h. A person who causes serious bodily injury 2 to another person while participating in a violation of this 3 subsection and who is not entitled to protection under section 4 124.418, shall be sentenced to two times the term otherwise 5 imposed by law, and no such judgment, sentence, or part thereof 6 shall be deferred or suspended. 7 Sec. 6. Section 124.401C, subsection 1, Code 2023, is 8 amended to read as follows: 9 1. In addition to any other penalties provided in this 10 chapter , a person who is eighteen years of age or older and 11 who either directly or by extraction from natural substances, 12 or independently by means of chemical processes, or both, 13 unlawfully manufactures methamphetamine, its salts, isomers, 14 or salts of its isomers a controlled substance, counterfeit 15 substance, simulated controlled substance, or imitation 16 controlled substance in violation of section 124.401, 17 subsection 1, paragraph a , b , or c , in the presence 18 of a minor shall be sentenced up to an additional term of 19 confinement of five years to two times the term otherwise 20 imposed by law, and no such judgment, sentence, or part thereof 21 shall be deferred or suspended . However, the additional term 22 of confinement shall not be imposed on a person who has been 23 convicted and sentenced for a child endangerment offense under 24 section 726.6, subsection 1 , paragraph g , arising from the 25 same facts. 26 Sec. 7. Section 124.401D, Code 2023, is amended to read as 27 follows: 28 124.401D Conspiracy to manufacture for delivery or delivery 29 or intent or conspiracy to deliver amphetamine or methamphetamine 30 to a minor. 31 1. a. It is unlawful for a person eighteen years of age 32 or older to act with, or enter into a common scheme or design 33 with, or conspire with one or more persons to manufacture 34 for delivery to a person under eighteen years of age a 35 -2- LSB 1229XL (7) 90 as/rh 2/ 13
S.F. _____ H.F. _____ material, compound, mixture, preparation, or substance that 1 contains any detectable amount of amphetamine, its salts, 2 isomers, or salts of its isomers, or methamphetamine, its 3 salts, isomers, or salts of its isomers controlled substance, 4 counterfeit substance, simulated controlled substance, or 5 imitation controlled substance in violation of section 124.401, 6 subsection 1, paragraph a , b , or c . 7 b. A violation of this subsection is a felony punishable 8 under section 902.9, subsection 1 , paragraph a A person 9 violating this subsection shall be sentenced to two times the 10 term otherwise imposed under section 124.401, subsection 1, and 11 no such judgment, sentence, or part thereof shall be deferred 12 or suspended . 13 c. A second or subsequent violation of this subsection is a 14 class A felony. 15 2. a. It is unlawful for a person eighteen years of age 16 or older to deliver, or possess with the intent to deliver to 17 a person under eighteen years of age, a material, compound, 18 mixture, preparation, or substance that contains any detectable 19 amount of amphetamine, its salts, isomers, or salts of its 20 isomers, or methamphetamine, its salts, isomers, or salts 21 of its isomers controlled substance, counterfeit substance, 22 simulated controlled substance, or imitation controlled 23 substance in violation of section 124.401, subsection 1, 24 paragraph a , b , or c , or to act with, or enter into a 25 common scheme or design with, or conspire with one or more 26 persons to deliver or possess with the intent to deliver to 27 a person under eighteen years of age a material, compound, 28 mixture, preparation, or substance that contains any detectable 29 amount of amphetamine, its salts, isomers, or salts of its 30 isomers, or methamphetamine, its salts, isomers, or salts 31 of its isomers controlled substance, counterfeit substance, 32 simulated controlled substance, or imitation controlled 33 substance in violation of section 124.401, subsection 1, 34 paragraph a , b , or c . 35 -3- LSB 1229XL (7) 90 as/rh 3/ 13
S.F. _____ H.F. _____ b. A violation of this subsection is a felony punishable 1 under section 902.9, subsection 1 , paragraph a A person 2 violating this subsection shall be sentenced to two times the 3 term otherwise imposed under section 124.401, subsection 1, and 4 no such judgment, sentence, or part thereof shall be deferred 5 or suspended . 6 c. A second or subsequent violation of this subsection is a 7 class A felony. 8 3. Delivery to a minor or possession with intent to deliver 9 to a minor a controlled substance, counterfeit substance, 10 simulated controlled substance, or imitation controlled 11 substance in violation of section 124.401, subsection 1, 12 paragraph a , b , or c , shall include the following products 13 if the person knew or had reasonable cause to believe the 14 controlled, counterfeit, simulated, or imitation controlled 15 substance would be delivered to a person under eighteen years 16 of age: 17 a. Combining a controlled substance listed in section 18 124.401, subsection 1, paragraph a , b , or c , with a food 19 or beverage product. 20 b. Marketing or packaging a controlled substance listed in 21 section 124.401, subsection 1, paragraph a , b , or c , to 22 appear similar to a food or beverage product. 23 c. Modifying the flavor or color of a controlled substance 24 listed in section 124.401, subsection 1, paragraph a , b , or 25 c , to appear similar to a food or beverage product. 26 Sec. 8. Section 811.1, subsections 1 and 2, Code 2023, are 27 amended to read as follows: 28 1. A defendant awaiting judgment of conviction and 29 sentencing following either a plea or verdict of guilty of a 30 class A felony; forcible felony as defined in section 702.11 ; 31 any class B felony included in section 462A.14 or 707.6A ; any 32 felony included in section 124.401, subsection 1 , paragraph 33 a or b ; a second or subsequent offense under section 34 124.401, subsection 1 , paragraph c ; any felony punishable 35 -4- LSB 1229XL (7) 90 as/rh 4/ 13
S.F. _____ H.F. _____ under section 902.9, subsection 1 , paragraph a ; any public 1 offense committed while detained pursuant to section 229A.5 ; 2 or any public offense committed while subject to an order of 3 commitment pursuant to chapter 229A . 4 2. A defendant appealing a conviction of a class A 5 felony; forcible felony as defined in section 702.11 ; any class 6 B or C felony included in section 462A.14 or 707.6A ; any 7 felony included in section 124.401, subsection 1 , paragraph 8 a or b ; or a second or subsequent conviction under section 9 124.401, subsection 1 , paragraph c ; any felony punishable 10 under section 902.9, subsection 1 , paragraph a ; any public 11 offense committed while detained pursuant to section 229A.5 ; 12 or any public offense committed while subject to an order of 13 commitment pursuant to chapter 229A . 14 Sec. 9. Section 901.2, subsection 2, paragraph b, Code 2023, 15 is amended to read as follows: 16 b. The court shall order a presentence investigation when 17 the offense is any felony punishable under section 902.9, 18 subsection 1 , paragraph a , or a class B, class C, or 19 class D felony. A presentence investigation for any felony 20 punishable under section 902.9, subsection 1 , paragraph a , 21 or a class B, class C, or class D felony shall not 22 be waived. The court may order, with the consent of the 23 defendant, that the presentence investigation begin prior to 24 the acceptance of a plea of guilty, or prior to a verdict of 25 guilty. 26 Sec. 10. Section 902.9, subsection 1, paragraph a, Code 27 2023, is amended by striking the paragraph. 28 Sec. 11. Section 906.5, subsection 1, paragraph a, Code 29 2023, is amended to read as follows: 30 a. The board shall establish and implement a plan by which 31 the board systematically reviews the status of each person who 32 has been committed to the custody of the director of the Iowa 33 department of corrections and considers the persons prospects 34 for parole or work release. The board at least annually shall 35 -5- LSB 1229XL (7) 90 as/rh 5/ 13
S.F. _____ H.F. _____ review the status of a person other than a class A felon, a 1 class B felon serving a sentence of more than twenty-five 2 years, or a felon serving an offense punishable under section 3 902.9, subsection 1 , paragraph a , or a felon serving a 4 mandatory minimum sentence other than a class A felon, and 5 provide the person with notice of the boards parole or work 6 release decision. 7 Sec. 12. REPEAL. Section 901.5A, Code 2023, is repealed. 8 DIVISION II 9 RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS 10 Sec. 13. Section 135.190, subsection 1, Code 2023, is 11 amended by adding the following new paragraph: 12 NEW PARAGRAPH . e. Secondary distributor means a law 13 enforcement agency, emergency medical services program, fire 14 department, school district, health care provider, licensed 15 behavioral health provider, county health department, or the 16 department of health and human services. 17 Sec. 14. Section 135.190, subsections 2 and 4, Code 2023, 18 are amended to read as follows: 19 2. a. Notwithstanding any other provision of law to the 20 contrary, a licensed health care professional may prescribe an 21 opioid antagonist to a person in a position to assist or to a 22 secondary distributor . 23 b. (1) Notwithstanding any other provision of law to the 24 contrary, a pharmacist licensed under chapter 155A may, by 25 standing order or through collaborative agreement, dispense, 26 furnish, or otherwise provide an opioid antagonist to a person 27 in a position to assist or to a secondary distributor . 28 (2) A pharmacist or secondary distributor who dispenses, 29 furnishes, or otherwise provides an opioid antagonist pursuant 30 to a valid prescription, standing order, or collaborative 31 agreement shall provide written instruction , which shall 32 include emergency, crisis, and substance use referral contact 33 information, to the recipient in accordance with any protocols 34 and instructions developed by the department under this 35 -6- LSB 1229XL (7) 90 as/rh 6/ 13
S.F. _____ H.F. _____ section . 1 4. A person in a position to assist , a secondary 2 distributor, or a prescriber of an opioid antagonist who has 3 acted reasonably and in good faith shall not be liable for 4 any injury arising from the provision, administration, or 5 assistance in the administration of an opioid antagonist as 6 provided in this section . 7 Sec. 15. Section 147A.18, subsections 1 and 2, Code 2023, 8 are amended to read as follows: 9 1. a. Notwithstanding any other provision of law to the 10 contrary, a licensed health care professional may prescribe 11 an opioid antagonist in the name of a service program, 12 law enforcement agency, or fire department , or secondary 13 distributor to be maintained for use as provided in this 14 section . For purposes of this section, secondary distributor 15 means the same as defined in section 135.190. 16 b. (1) Notwithstanding any other provision of law to the 17 contrary, a pharmacist licensed under chapter 155A may, by 18 standing order or through collaborative agreement, dispense, 19 furnish, or otherwise provide an opioid antagonist in the 20 name of a service program, law enforcement agency, or fire 21 department , or secondary distributor to be maintained for use 22 as provided in this section . 23 (2) A pharmacist or secondary distributor who dispenses, 24 furnishes, or otherwise provides an opioid antagonist pursuant 25 to a valid prescription, standing order, or collaborative 26 agreement shall provide written instruction , which shall 27 include emergency, crisis, and substance referral contact 28 information, to the recipient in accordance with the protocols 29 and instructions developed by the department under this 30 section . 31 2. A service program, law enforcement agency, or fire 32 department , or secondary distributor may obtain a prescription 33 for and maintain a supply of opioid antagonists. A service 34 program, law enforcement agency, or fire department , or 35 -7- LSB 1229XL (7) 90 as/rh 7/ 13
S.F. _____ H.F. _____ secondary distributor that obtains such a prescription shall 1 replace an opioid antagonist upon its use or expiration. 2 Sec. 16. Section 147A.18, Code 2023, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 3A. A secondary distributor may possess 5 and provide an opioid antagonist to a person in a position to 6 assist as defined in section 135.190. 7 Sec. 17. Section 147A.18, subsection 4, paragraph b, Code 8 2023, is amended to read as follows: 9 b. A service program, law enforcement agency, or fire 10 department , or secondary distributor . 11 Sec. 18. Section 147A.18, subsection 4, Code 2023, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH . d. The pharmacist who dispenses the opioid 14 antagonist. 15 Sec. 19. Section 155A.3, subsections 24 and 54, Code 2023, 16 are amended to read as follows: 17 24. Limited distributor means a person operating or 18 maintaining a location, regardless of the location, where 19 prescription drugs or devices are distributed at wholesale or 20 to a patient pursuant to a prescription drug order, who is 21 not eligible for a wholesale distributor license or pharmacy 22 license. Limited distributor does not include a secondary 23 distributor as defined in section 135.190. 24 54. Wholesale distributor means a person, other than 25 a manufacturer, a manufacturers co-licensed partner, a 26 third-party logistics provider, or repackager, engaged in the 27 wholesale distribution of a drug. Wholesale distributor 28 does not include a secondary distributor as defined in section 29 135.190. 30 Sec. 20. Section 155A.46, subsection 1, paragraph a, 31 subparagraph (1), Code 2023, is amended to read as follows: 32 (1) Naloxone Opioid antagonists for overdose reversals . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -8- LSB 1229XL (7) 90 as/rh 8/ 13
S.F. _____ H.F. _____ the explanations substance by the members of the general assembly. 1 This bill relates to controlled substances including the 2 manufacture, delivery, or possession of a controlled substance 3 including fentanyl; the manufacture of a controlled substance 4 in the presence of a minor; a conspiracy to manufacture for 5 delivery or delivery or intent or conspiracy to deliver a 6 controlled substance to a minor; the receipt, provision, and 7 administration of opioid antagonists, including by secondary 8 distributors, provides for immunity; and provides penalties. 9 The bill is organized by divisions. 10 DIVISION I MANUFACTURE, DELIVERY, OR POSSESSION OF A 11 CONTROLLED SUBSTANCE. 12 FENTANYL. The bill provides that the manufacture, delivery 13 or possession of a controlled substance containing more than 50 14 grams of a mixture or substance containing a detectable amount 15 of fentanyl or any fentanyl-related substance identified in 16 Code section 124.204(9) is a class B felony, punishable by 17 confinement for no more than 50 years and a fine of not more 18 than $1 million. 19 The bill provides that the manufacture, delivery or 20 possession of a controlled substance containing more 21 than 5 grams but not more than 50 grams of a mixture or 22 substance containing a detectable amount of fentanyl or 23 any fentanyl-related substance identified in Code section 24 124.204(9) is a class B felony, punishable by confinement for 25 no more than 25 years and a fine of not less than $5,000 nor 26 more than $100,000. 27 The bill provides that the manufacture, delivery or 28 possession of a controlled substance containing 5 grams or 29 less of a mixture or substance containing a detectable amount 30 of fentanyl or any fentanyl-related substance identified in 31 Code section 124.204(9) is a class C felony, punishable by 32 confinement for no more than 10 years and a fine of not less 33 than $1,000 nor more than $50,000. 34 MANUFACTURE, DELIVERY, OR POSSESSION OF CONTROLLED 35 -9- LSB 1229XL (7) 90 as/rh 9/ 13
S.F. _____ H.F. _____ SUBSTANCES SENTENCING ENHANCEMENTS. The bill provides 1 that a person who causes the death of another person while 2 participating in the manufacture, delivery, or possession of 3 a controlled substance and who is not entitled to protection 4 under Code section 124.418 (persons seeking medical assistance 5 for drug-related overdose), shall be sentenced to three times 6 the term otherwise imposed by law, and no such judgment, 7 sentence, or part thereof shall be deferred or suspended. 8 The bill provides that a person who causes serious bodily 9 injury to another person while participating in a violation 10 of the manufacture, delivery, or possession of a controlled 11 substance and who is not entitled to protection under Code 12 section 124.418, shall be sentenced to two times the term 13 otherwise imposed by law, and no such judgment, sentence, or 14 part thereof shall be deferred or suspended. 15 MANUFACTURE OF CONTROLLED SUBSTANCES IN PRESENCE OF A MINOR. 16 Current law provides that in addition to any other penalties 17 provided in Code chapter 124, a person who is 18 years of age 18 or older and who either directly or by extraction from natural 19 substances, or independently by means of chemical processes, 20 or both, unlawfully manufactures methamphetamine, its salts, 21 isomers, or salts of its isomers in the presence of a minor 22 shall be sentenced up to an additional term of confinement 23 of five years. The bill amends current law to apply to all 24 controlled substances listed in Code section 124.401(1)(a, 25 b, and c) and provides that a person in violation of this 26 provision shall be sentenced to two times the term otherwise 27 imposed by law, and no such judgment, sentence, or part thereof 28 shall be deferred or suspended. 29 CONSPIRACY TO MANUFACTURE CONTROLLED SUBSTANCES FOR DELIVERY 30 TO MINOR. Current law provides that it is unlawful for a 31 person 18 years of age or older to act with, or enter into a 32 common scheme or design with, or conspire with one or more 33 persons to manufacture for delivery to a person under 18 years 34 of age a material, compound, mixture, preparation, or substance 35 -10- LSB 1229XL (7) 90 as/rh 10/ 13
S.F. _____ H.F. _____ that contains any detectable amount of amphetamine, its salts, 1 isomers, or salts of its isomers, or methamphetamine, its 2 salts, isomers, or salts of its isomers. A person in violation 3 of this provision shall be confined for no more than 99 years. 4 The bill strikes this penalty. The bill amends current law 5 to apply to all controlled substances listed in Code section 6 124.401(1)(a, b, and c) and provides that a person in violation 7 of this provision shall be sentenced to two times the term 8 otherwise imposed by law, and no such judgment, sentence, or 9 part thereof shall be deferred or suspended. A second or 10 subsequent violation is a class A felony. 11 Current law provides that it is unlawful for a person 18 12 years of age or older to deliver, or possess with the intent 13 to deliver to a person under 18 years of age, a material, 14 compound, mixture, preparation, or substance that contains any 15 detectable amount of amphetamine, its salts, isomers, or salts 16 of its isomers, or methamphetamine, its salts, isomers, or 17 salts of its isomers. A person in violation of this provision 18 shall be confined for no more than 99 years. The bill strikes 19 this penalty. The bill amends current law to apply to all 20 controlled substances listed in Code section 124.401(1)(a, 21 b, and c) and provides that a person in violation of this 22 provision shall be sentenced to two times the term otherwise 23 imposed by law, and no such judgment, sentence, or part 24 thereof shall be deferred or suspended. A second or subsequent 25 violation is a class A felony. 26 The bill makes conforming Code changes due to the strike of 27 the 99-year penalty. 28 DELIVERY OF A CONTROLLED SUBSTANCE TO MINOR FOOD OR 29 BEVERAGE PRODUCTS. The bill provides that delivery to a minor 30 or possession with intent to deliver to a minor a controlled 31 substance, counterfeit substance, simulated controlled 32 substance, or imitation controlled substance shall include the 33 following products if the person knew or had reasonable cause 34 to believe the controlled substance, counterfeit substance, 35 -11- LSB 1229XL (7) 90 as/rh 11/ 13
S.F. _____ H.F. _____ simulated controlled substance, or imitation controlled 1 substance would be delivered to a person under 18 years of 2 age: combining a controlled substance with a food or beverage 3 product; marketing or packaging a controlled substance to 4 appear similar to a food or beverage product; or modifying the 5 flavor or color of a controlled substance to appear similar to 6 a food or beverage product. 7 DIVISION II RECEIPT, PROVISION, AND ADMINISTRATION OF 8 OPIOID ANTAGONISTS SECONDARY DISTRIBUTORS IMMUNITY. 9 Current law provides that a licensed health care professional 10 may prescribe an opioid antagonist to a person in a position 11 to assist. The bill expands this authorization to provide 12 that a licensed health care provider may prescribe an opioid 13 antagonist to a secondary distributor as defined in the bill. 14 Current law provides that a licensed pharmacist may, by 15 standing order or through collaborative agreement, dispense, 16 furnish, or otherwise provide an opioid antagonist in the 17 name of a service program, law enforcement agency, or fire 18 department. The bill expands this authorization to provide 19 that a licensed pharmacist may, by standing order or through 20 collaborative agreement, dispense, furnish, or otherwise 21 provide an opioid antagonist in the name of a secondary 22 distributor. 23 The bill includes secondary distributors and the pharmacist 24 who dispenses the opioid antagonist, provided they have acted 25 reasonably and in good faith, to the list of persons who shall 26 not be liable for any injury arising from the provision, 27 administration, or assistance in the administration of an 28 opioid antagonist. 29 The bill provides that a secondary distributor may obtain a 30 prescription for and maintain a supply of opioid antagonists. 31 A secondary distributor that obtains such a prescription shall 32 replace an opioid antagonist upon its use or expiration. 33 The bill provides that a pharmacist or secondary distributor 34 who dispenses, furnishes, or otherwise provides an opioid 35 -12- LSB 1229XL (7) 90 as/rh 12/ 13
S.F. _____ H.F. _____ antagonist pursuant to a valid prescription, standing order, 1 or collaborative agreement shall provide written instruction, 2 including emergency, crisis, and substance use referral contact 3 information, to the recipient. 4 The bill provides that a secondary distributor may possess 5 and provide an opioid antagonist to a person in a position to 6 assist. 7 The bill provides that the terms limited distributor and 8 wholesale distributor do not include a secondary distributor 9 for purposes of Code chapter 155A (pharmacy). 10 The bill provides that a pharmacist may order and administer 11 opioid antagonists for overdose reversals to patients ages 18 12 years and older instead of naloxone. 13 -13- LSB 1229XL (7) 90 as/rh 13/ 13