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S1422aa..............................................by JUDICIARY AND RULES
DRUGS - Amends existing law to include phenylpropanolamine as an immediate
precursor to amphetamines and methamphetamine; and to provide that
phenylpropanolamine, or its salts and isomers, which is prepared for
dispensing or over-the-counter distribution is not a controlled substance
unless the substance is possessed, delivered, or possessed with intent to
deliver to another, with the intent to manufacture methamphetamine,
amphetamine or other controlled substance in violation of Section 37-2732,
Idaho Code, and to provide that the requirements of the Uniform Controlled
Substances Act shall not apply to a manufacturer, wholesaler or retailer of
over-the-counter products containing certain listed substances unless the
person possesses, delivers or possesses with intent to deliver to another
the over-the-counter product with intent to manufacture a controlled
substance.
02/10 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/19 Rpt out - to 14th Ord
02/25 Rpt out amen - to engros
02/26 Rpt engros - 1st rdg - to 2nd rdg as amen
02/27 2nd rdg - to 3rd rdg as amen
03/04 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sorensen
Title apvd - to House
03/05 House intro - 1st rdg as amen - to Health/Wel
03/13 Rpt out - rec d/p - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/17 3rd rdg as amen - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(23), Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(20), Geddes, Gould, Hadley, Henbest,
Hornbeck, Jaquet, Jones(9), Jones(22), Judd, Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy,
Reynolds, Richman, Ridinger, Robison, Sali, Schaefer, Stevenson,
Stoicheff, Stone, Stubbs, Taylor, Tilman, Tippets, Trail, Watson,
Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Bivens, Black(15), Field(13), Gagner, Hansen,
Jones(20), Wood
Floor Sponsor - Henbest
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/24 Governor signed
Session Law Chapter 328
Effective: 07/01/98
S1422|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1422, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2707, IDAHO CODE, TO 3 INCLUDE PHENYLPROPANOLAMINE AS AN IMMEDIATE PRECURSOR TO AMPHETAMINES, AND 4 METHAMPHETAMINES, TO PROVIDE THAT PHENYLPROPANOLAMINE OR ITS SALTS AND 5 ISOMERS WHICH IS PREPARED FOR DISPENSING OR OVER-THE-COUNTER DISTRIBUTION 6 IS NOT A CONTROLLED SUBSTANCE UNLESS THE SUBSTANCE IS POSSESSED, DELIV- 7 ERED, OR POSSESSED WITH INTENT TO DELIVER TO ANOTHER, WITH THE INTENT TO 8 MANUFACTURE METHAMPHETAMINE, AMPHETAMINE OR OTHER CONTROLLED SUBSTANCE IN 9 VIOLATION OF SECTION 37-2732, IDAHO CODE, AND TO PROVIDE THAT THE REQUIRE- 10 MENTS OF THE UNIFORM CONTROLLED SUBSTANCES ACT SHALL NOT APPLY TO A MANU- 11 FACTURER, WHOLESALER OR RETAILER OF OVER-THE-COUNTER PRODUCTS CONTAINING 12 CERTAIN LISTED SUBSTANCES UNLESS THE PERSON POSSESSES, DELIVERS, OR POS- 13 SESSES WITH INTENT TO DELIVER TO ANOTHER THE OVER-THE-COUNTER PRODUCT WITH 14 INTENT TO MANUFACTURE A CONTROLLED SUBSTANCE. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 37-2707, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 37-2707. SCHEDULE II. (a) Schedule II shall consist of the drugs and 19 other substances, by whatever official name, common or usual name, chemical 20 name, or brand name designated, listed in this section. 21 (b) Substances, vegetable origin or chemical synthesis. Unless specifi- 22 cally excepted or unless listed in another schedule, any of the following sub- 23 stances whether produced directly or indirectly by extraction from substances 24 of vegetable origin, or independently by means of chemical synthesis, or by a 25 combination of extraction and chemical synthesis: 26 (1) Opium and opiate, and any salt, compound, derivative, or preparation 27 of opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, 28 nalmefene, naloxone, naltrexone and their respective salts, but including 29 the following: 30 1. Raw opium; 31 2. Opium extracts; 32 3. Opium fluid extracts; 33 4. Powdered opium; 34 5. Granulated opium; 35 6. Tincture of opium; 36 7. Codeine; 37 8. Ethylmorphine; 38 9. Etorphine hydrochloride; 39 10. Hydrocodone; 40 11. Hydromorphone; 41 12. Metopon; 42 13. Morphine; 43 14. Oxycodone; 2 1 15. Oxymorphone; 2 16. Thebaine. 3 (2) Any salt, compound, derivative, or preparation thereof which is chem- 4 ically equivalent or identical with any of the substances referred to in 5 paragraph (b) (1) of this section, except that these substances shall not 6 include the isoquinoline alkaloids of opium. 7 (3) Opium poppy and poppy straw. 8 (4) Coca leaves and any salt, compound, derivative, or preparation of 9 coca leaves, and any salt, compound, derivative, or preparation thereof 10 which is chemically equivalent or identical with any of these substances, 11 but not including decocainized coca leaves or extractions which do not 12 contain cocaine or ecgonine. 13 (5) Methylbenzoylecgonine (Cocaine - its salts, optical isomers, and 14 salts of optical isomers). 15 (6) Concentrate of poppy straw (the crude extract of poppy straw in 16 either liquid, solid or powder form which contains the phenanthrine 17 alkaloids of the opium poppy). 18 (c) Any of the following opiates, including their isomers, esters, 19 ethers, salts, and salts of isomers, whenever the existence of these isomers, 20 esters, ethers and salts is possible within the specific chemical designation, 21 unless specifically excepted or unless listed in another schedule: 22 (1) Alfentanil; 23 (2) Alphaprodine; 24 (3) Anileridine; 25 (4) Bezitramide; 26 (5) Bulk Dextropropoxyphene (nondosage forms); 27 (6) Carfentanil; 28 (7) Dihydrocodeine; 29 (8) Diphenoxylate; 30 (9) Fentanyl; 31 (10) Isomethadone; 32 (11) Levo-alphacetylmethadol (also known as levo-alpha-acetylmethadol, 33 levomethadyl acetate, LAAM); 34 (12) Levomethorphan; 35 (13) Levorphanol; 36 (14) Metazocine; 37 (15) Methadone; 38 (16) Methadone -- Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl 39 butane; 40 (17) Moramide -- Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl 41 propane-carboxylic acid; 42 (18) Pethidine (meperidine); 43 (19) Pethidine--Intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine; 44 (20) Pethidine--Intermediate--B, ethyl-4-phenylpiperidine-4-carboxylate; 45 (21) Pethidine--Intermediate--C, 1-methyl-4-phenylpiperidine-4-carbox- 46 ylic acid; 47 (22) Phenazocine; 48 (23) Piminodine; 49 (24) Racemethorphan; 50 (25) Racemorphan; 51 (26) Sufentanil. 52 (d) Stimulants. Unless specifically excepted or unless listed in another 53 schedule, any material, compound, mixture, or preparation which contains any 54 quantity of the following substances having a stimulant effect on the central 55 nervous system: 3 1 (1) Amphetamine, its salts, optical isomers, and salts of its optical 2 isomers; 3 (2) Methamphetamine, its salts, isomers, and salts of its isomers; 4 (3) Phenmetrazine and its salts; 5 (4) Methylphenidate. 6 (e) Depressants. Unless specifically excepted or unless listed in another 7 schedule, any material, compound, mixture, or preparation which contains any 8 quantity of the following substances having a depressant effect on the central 9 nervous system, including its salts, isomers, and salts of isomers whenever 10 the existence of such salts, isomers, and salts of isomers is possible within 11 the specific chemical designation: 12 (1) Amobarbital; 13 (2) Glutethimide; 14 (3) Pentobarbital; 15 (4) Phencyclidine; 16 (5) Secobarbital. 17 (f) Hallucinogenic substances. 18 (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gela- 19 tin capsule in a U.S. Food and Drug Administration approved drug product 20 (21 C.F.R. 1308.12 (f)). 21 (2) Nabiline .................................(another name for nabilone: 22 (+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,6- 23 dimethyl-9H-dibenzo[b,d]pyran-9-one) (21 C.F.R. 1308.12 (f)). 24 (g) Immediate precursors. Unless specifically excepted or unless listed 25 in another schedule, any material, compound, mixture, or preparation which 26 contains any quantity of the following substances: 27 (1) Immediate precursor to amphetamine and methamphetamine: 28 (a) Anthranilic acid 29 (b) Ephedrine 30 (c) Lead acetate 31 (d) Methylamine 32 (e) Methyl formamide 33 (f) N-methylephedrine 34 (g) Phenylacetic acid 35 (h) Phenylacetone 36 (i) Phenylpropanolamine 37 (ij ) Pseudoephedrine. 38 Except that any combination or compound containing ephedrine, or any of 39 its salts and isomers, or phenylpropanolamine or its salts and isomers, 40 or pseudoephedrine, or any of its salts and isomers which is prepared 41 for dispensing or over-the-counter distribution is not a controlled substance 42 for the purpose of this section , unless such substance is possessed, 43 delivered, or possessed with intent to deliver to another with the intent to 44 manufacture methamphetamine, amphetamine or any other controlled substance in 45 violation of section 37-2732, Idaho Code. For purposes of this provision, the 46 requirements of the uniform controlled substances act shall not apply to a 47 manufacturer, wholesaler or retailer of over-the-counter products containing 48 the listed substances unless such person possesses, delivers, or possesses 49 with intent to deliver to another the over-the-counter product with intent to 50 manufacture a controlled substance . 51 (2) Immediate precursors to phencyclidine (PCP): 52 (a) 1-phenylcyclohexylamine; 53 (b) 1-piperidinocyclohexanecarbonitrile (PCC).
STATEMENT OF PURPOSE
RS 07834
Relating to controlled substances; amending Section 37-2707,
Idaho Code, to prohibit the possession of precursor substance
with the intent to manufacture methamphetamine and/or
amphetamine.
FISCAL NOTE
None
Contact:
Elizabeth Conner
Office of Mayor Brent Coles
384-4422
Senator Sheila Sorensen
Representative Margaret Henbest
STATEMENT OF PURPOSE/FISCAL NOTE
BillS 1422