State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-1 > Chapter-124 > 124-201

        124.201  DUTY TO RECOMMEND CHANGES IN SCHEDULES.
         1.  The board shall administer the regulatory provisions of this
      chapter.  Annually, within thirty days after the convening of each
      regular session of the general assembly, the board shall recommend to
      the general assembly any deletions from, or revisions in the
      schedules of substances, enumerated in section 124.204, 124.206,
      124.208, 124.210, or 124.212, which it deems necessary or advisable.
      In making a recommendation to the general assembly regarding a
      substance, the board shall consider the following:
         a.  The actual or relative potential for abuse;
         b.  The scientific evidence of its pharmacological effect, if
      known;
         c.  State of current scientific knowledge regarding the
      substance;
         d.  The history and current pattern of abuse;
         e.  The scope, duration, and significance of abuse;
         f.  The risk to the public health;
         g.  The potential of the substance to produce psychic or
      physiological dependence liability; and
         h.  Whether the substance is an immediate precursor of a
      substance already controlled under this division.
         2.  After considering the above factors, the board shall make a
      recommendation to the general assembly, specifying the change which
      should be made in existing schedules, if it finds that the potential
      for abuse or lack thereof of the substance is not properly reflected
      by the existing schedules.
         3.  If the board designates a substance as an immediate precursor,
      substances which are precursors of the controlled precursor shall not
      be subject to control solely because they are precursors of the
      controlled precursor.  Such designations shall be made pursuant to
      the procedures of chapter 17A.
         4.  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.  If a substance is
      designated as controlled by the board under this paragraph 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.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 204.201] 
         Section History: Recent Form
         C93, § 124.201
         Referred to in § 124.101

State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-1 > Chapter-124 > 124-201

        124.201  DUTY TO RECOMMEND CHANGES IN SCHEDULES.
         1.  The board shall administer the regulatory provisions of this
      chapter.  Annually, within thirty days after the convening of each
      regular session of the general assembly, the board shall recommend to
      the general assembly any deletions from, or revisions in the
      schedules of substances, enumerated in section 124.204, 124.206,
      124.208, 124.210, or 124.212, which it deems necessary or advisable.
      In making a recommendation to the general assembly regarding a
      substance, the board shall consider the following:
         a.  The actual or relative potential for abuse;
         b.  The scientific evidence of its pharmacological effect, if
      known;
         c.  State of current scientific knowledge regarding the
      substance;
         d.  The history and current pattern of abuse;
         e.  The scope, duration, and significance of abuse;
         f.  The risk to the public health;
         g.  The potential of the substance to produce psychic or
      physiological dependence liability; and
         h.  Whether the substance is an immediate precursor of a
      substance already controlled under this division.
         2.  After considering the above factors, the board shall make a
      recommendation to the general assembly, specifying the change which
      should be made in existing schedules, if it finds that the potential
      for abuse or lack thereof of the substance is not properly reflected
      by the existing schedules.
         3.  If the board designates a substance as an immediate precursor,
      substances which are precursors of the controlled precursor shall not
      be subject to control solely because they are precursors of the
      controlled precursor.  Such designations shall be made pursuant to
      the procedures of chapter 17A.
         4.  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.  If a substance is
      designated as controlled by the board under this paragraph 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.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 204.201] 
         Section History: Recent Form
         C93, § 124.201
         Referred to in § 124.101

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-1 > Chapter-124 > 124-201

        124.201  DUTY TO RECOMMEND CHANGES IN SCHEDULES.
         1.  The board shall administer the regulatory provisions of this
      chapter.  Annually, within thirty days after the convening of each
      regular session of the general assembly, the board shall recommend to
      the general assembly any deletions from, or revisions in the
      schedules of substances, enumerated in section 124.204, 124.206,
      124.208, 124.210, or 124.212, which it deems necessary or advisable.
      In making a recommendation to the general assembly regarding a
      substance, the board shall consider the following:
         a.  The actual or relative potential for abuse;
         b.  The scientific evidence of its pharmacological effect, if
      known;
         c.  State of current scientific knowledge regarding the
      substance;
         d.  The history and current pattern of abuse;
         e.  The scope, duration, and significance of abuse;
         f.  The risk to the public health;
         g.  The potential of the substance to produce psychic or
      physiological dependence liability; and
         h.  Whether the substance is an immediate precursor of a
      substance already controlled under this division.
         2.  After considering the above factors, the board shall make a
      recommendation to the general assembly, specifying the change which
      should be made in existing schedules, if it finds that the potential
      for abuse or lack thereof of the substance is not properly reflected
      by the existing schedules.
         3.  If the board designates a substance as an immediate precursor,
      substances which are precursors of the controlled precursor shall not
      be subject to control solely because they are precursors of the
      controlled precursor.  Such designations shall be made pursuant to
      the procedures of chapter 17A.
         4.  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.  If a substance is
      designated as controlled by the board under this paragraph 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.  
         Section History: Early Form
         [C73, 75, 77, 79, 81, § 204.201] 
         Section History: Recent Form
         C93, § 124.201
         Referred to in § 124.101