Amendment vs bill Amendment S-5215 vs Introduced

Struck = removed from the bill · added = the amendment's new text.

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House File 2133 - Introduced HOUSE FILE 2133 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 508) A BILL FOR An Act designating kratom as a schedule I controlled substance, and making penalties applicable.
House File 2133 S-5215 Amend House File 2133, as passed by the House, as follows:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1.
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By striking everything after the enacting clause and inserting:
2133 Section 1.
<Section 1.
Kratom, meaning any parts of the plant Mitragyna speciosa, whether growing or not, as well as synthetic equivalents of the substances contained in the plant, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but not limited to mitragynine and 7-hydroxymitragynine.
7-Hydroxymitragynine (methyl (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b- hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate) concentrated at a level above four hundred parts per million on a dry-weight basis as well as any synthetic, semisynthetic, chemically altered, laboratory-produced, or otherwise chemically transformed, whether by fermentation, enzymatic production, or other natural processes, compound that is structurally, chemically, or pharmacologically derived from naturally occurring kratom alkaloids or 7-hydroxymitragynine.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
Such substances include all salts;
This bill designates kratom as a hallucinogenic schedule I controlled substance.
isomers, including optical, stereo, geometric, or structural isomers;
A person possessing kratom is guilty of a serious misdemeanor for a first offense.
analogues, including ethers, esters, and other analogues;
A person who commits a subsequent violation is guilty of an aggravated misdemeanor.
metabolites;
A person who has previously been convicted two or more times is guilty of a class “D” felony.
derivatives;
A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
pro-drugs;
An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540.
and homologs thereof, whether or not such forms are explicitly listed, when the compound does not occur naturally within unadulterated kratom plant material.
A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
The following are expressly excluded for purposes of this paragraph:
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(1) Natural Mitragyna speciosa leaf.
(2) Naturally derived full-spectrum kratom extracts that have not been adulterated with synthetic or semi-synthetic substances.
(3) Any extract exhibiting an alkaloid profile naturally achievable through traditional extraction, concentration, or purification methods without chemical modification.
Sec.
2.
NEW SECTION.
124F.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1.
“Attractive to children” means a quality of a product that is any of the following:
a.
Manufactured in the shape of humans, cartoons, or HF 2133.3593 (2) 91 -1- as/js 1/4 animals.
b.
Manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product such that a product could be mistaken for the branded product, especially by children.
c.
Contains any color additives except for natural color additives.
2.
“Kratom extract” means a substance or compound obtained by extraction of the kratom leaf that is intended for ingestion, contains more than trace amounts of Mitragyna speciosa, and does not contain any controlled substances or levels of residual solvents higher than is allowed in the United States pharmacopeia as publish by the United States pharmacopeial convention.
3.
“Kratom leaf” means the leaf of the kratom plant, Mitragyna speciosa, in fresh or dehydrated form, and subjected to no postharvest processing other than drying or size reduction, and to cleaning or sterilization through application of heat, steam, pressurization, irradiation, or other standard treatments applied to food ingredients.
4.
“Kratom product” means a food or dietary supplement that meets all of the following conditions:
a.
Consists of or contains kratom leaf or kratom extract.
b.
Does not contain any synthesized kratom alkaloids or other synthesized kratom constituents, or synthesized metabolites of any kratom constituent.
c.
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Does not contain a level of 7-hydroxymitragynine concentrated at a level above four hundred parts per million on a dry-weight basis.
5.
“Processor” means a person that manufactures, packages, labels, or distributes kratom products or advertises, represents, or holds itself out as manufacturing, preparing, packaging, or labeling kratom products.
6.
“Synthesized alkaloids” means alkaloids that have HF 2133.3593 (2) 91 -2- as/js 2/4 undergone directed physical, chemical, or biosynthetic processes that result in changes to the substance’s chemical composition.
Sec.
3.
NEW SECTION.
124F.2 Restrictions.
1.
A person shall not sell, offer for sale, provide, or distribute kratom leaf or a kratom product to a person under twenty-one years of age.
2.
An online retailer or marketplace of kratom leaf or a kratom product shall implement an age-verification system to ensure compliance with subsection 1.
3.
An individual, business, or other entity shall not produce, sell, or distribute a kratom product that is attractive to children.
Sec.
4.
NEW SECTION.
124F.3 Penalties.
1.
The department of health and human services may assess against a retailer or processor found to be in violation of section 124F.2 a civil penalty of up to one thousand dollars for the first offense and up to five thousand dollars for a second offense.
2.
A retailer or processor committing a third or subsequent violation shall be assessed a civil penalty of at least five thousand dollars but not more than twenty thousand dollars and shall be prohibited from selling kratom products for up to three years.
3.
A retailer does not violate section 124F.2 if it is shown by a preponderance of the evidence that the retailer relied in good faith upon the representation of the manufacturer, processor, packer, or distributor of food represented to be a kratom product.> 2.
Title page, by striking lines 1 through 2 and inserting <An Act regulating the sale, production, and distribution of kratom, providing penalties, and making penalties applicable.> HF 2133.3593 (2) 91 -3- as/js 3/4 ______________________________ CARRIE KOELKER HF 2133.3593 (2) 91 -4- as/js 4/4