Iowa lawmakers differ on drug law changes

DES MOINES - The Iowa Senate voted 27-23 Tuesday to approve tougher penalties for synthetic drugs or imitation controlled substances, but altered the House-passed bill with other changes in drug-related laws that could jeopardize the bill's trek to Gov. Terry Branstad's desk.

House File 567 is a comprehensive effort to stem sales of synthetic and counterfeit drugs and ensure that people who sell them can be criminally charged, proponents said. The bill enhances penalties, modifies controlled substances lists to include new synthetic drug products and lengthens the time the Iowa Board of Pharmacy is allowed to temporarily designate substances as controlled before the Legislature must take action to codify the changes.

'These drugs are a public health issue resulting in numerous emergency room visits, hospitalizations and sometimes deaths to persons who use them,” said Sen. Steve Sodders, D-State Center, a Marshall County deputy sheriff who managed the bill to crack down on synthetic drug products that utilize chemical formulas to skirt the law and marketed their products as a 'legal” high.

Backers say the bill protects the public from synthetic cannabinoids and cathinones whose contents and effects are unpredictable due to constantly changing chemicals used in the manufacturing processes that are without quality controls and government regulatory oversight.

However, a number of senators who supported the House-passed version voted against the measure after an amendment targeting a variety of other drugs was attached.

The amendment seeks to move marijuana from a Schedule 1 to a Schedule II controlled substance; make possession of 5 grams or less of marijuana a simple misdemeanor rather than a serious misdemeanor; bring penalties for crack and powder cocaine more in line with each other; and give judges discretion to waive the mandatory minimum sentence relating to a drug conviction if the defendant is assessed as a low risk to reoffend.

The amendment passed 26-24 when Sen. Brad Zaun, R-Urbandale, joined 25 majority Democrats while Sen. Liz Mathis, D-Cedar Rapids, voted with 23 GOP senators in opposition. Mathis voted for the bill on final passage but said she opposed the amendment out of concern it might stall a bill important to her constituents.

'Let's pass a clean bill and send it to the governor,” said Sen. Julian Garrett, R-Indianola. 'We can deal with these other issues in other bills. I'm reluctant this late in the session to be perhaps even jeopardizing the bill by adding these controversial amendments.”

However, Sodders said the changes offer a smarter approach to dealing with crime in a way that maintains tough penalties where appropriate while saving money and making the system more equitable.

Rep. Clel Baudler, R-Greenfield, a retired Iowa State Patrol trooper who leads the House Public Safety Committee, said it's likely the GOP-led House will insist on its version. The House bill probably will be returned to the Senate for reconsideration or moved to a conference committee for further negotiations.

Baudler said the reduced penalty for marijuana possession 'would be like a traffic ticket. That would send the wrong message, especially to our young people.” He also said classifying marijuana as a Schedule II substance that could be prescribed for medical use would violate federal law and move Iowa 'closer to recreational marijuana.”

Sodders said the Senate agreed to take the House bill in its entirety, and his expectation would be that representatives give the same respect and consideration to the Senate's wishes.

'I'm happy with the bill as is. I think if they try to either take off the pieces or want to go to conference, I'm probably not going to be in the mood for either of those,” said Sodders, chairman of the Senate Judiciary Committee.

Baudler said the House bill passed on a bipartisan 83-13 vote compared to the near party-line vote in the Senate.

'If it dies this session, it's on them. It's not on us. We passed a very good bill,” Baudler said. 'If Sen. Sodders wants to deal with the families that are affected by this K2, that are affected by these counterfeit drugs, etc., etc., we'll let him deal with it,” Baudler added. 'But I'm not going to do anything to weaken Iowa's drug laws and listening to what the statements were, that's what it would do.”