Bill Text: IA HF163 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the manufacture, delivery, or possession of marijuana and the possession of drug paraphernalia, and providing penalties.
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Public Safety. H.J. 181. [HF163 Detail]
Download: Iowa-2021-HF163-Introduced.html
House
File
163
-
Introduced
HOUSE
FILE
163
BY
HUNTER
,
OLSON
,
JACOBY
,
ANDERSON
,
WESSEL-KROESCHELL
,
KRESSIG
,
CAHILL
,
WILBURN
,
STAED
,
JAMES
,
BROWN-POWERS
,
MASCHER
,
EHLERT
,
and
COHOON
A
BILL
FOR
An
Act
relating
to
the
manufacture,
delivery,
or
possession
1
of
marijuana
and
the
possession
of
drug
paraphernalia,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124.401,
subsection
1,
paragraph
d,
Code
1
2021,
is
amended
to
read
as
follows:
2
d.
Violation
of
this
subsection
,
with
respect
to
any
other
3
controlled
substances,
counterfeit
substances,
simulated
4
controlled
substances,
or
imitation
controlled
substances
5
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
6
However,
violation
of
this
subsection
involving
fifty
kilograms
7
or
less
at
least
forty-two
and
one-half
grams
but
not
more
than
8
fifty
kilograms
of
marijuana
or
involving
flunitrazepam
is
a
9
class
“D”
felony.
A
violation
of
this
subsection
involving
10
less
than
forty-two
and
one-half
grams
of
marijuana
shall
be
11
prosecuted
and
punished
as
provided
in
section
124.401H
if
the
12
marijuana
was
not
offered
for
sale,
otherwise
the
violation
is
13
a
class
“D”
felony.
14
Sec.
2.
NEW
SECTION
.
124.401H
Small
amount
of
marijuana
——
15
drug
paraphernalia
——
reasonable
suspicion
——
civil
penalty.
16
1.
A
person
who
commits
a
violation
of
section
124.401,
17
subsection
1,
involving
less
than
forty-two
and
one-half
grams
18
of
marijuana
that
was
not
offered
for
sale
shall
be
assessed
a
19
civil
penalty
in
the
amount
of
twenty-five
dollars.
20
2.
A
person
who
commits
a
violation
of
section
124.414,
21
if
the
drug
paraphernalia
was
not
offered
for
sale,
shall
be
22
assessed
a
civil
penalty
in
the
amount
of
twenty-five
dollars.
23
3.
This
section
shall
not
be
construed
to
allow
any
of
the
24
following:
25
a.
The
sale
of
marijuana
or
drug
paraphernalia.
26
b.
The
use
of
marijuana
or
the
display
of
drug
paraphernalia
27
in
a
public
place.
28
c.
The
possession,
manufacture,
or
delivery
of
marijuana
or
29
drug
paraphernalia
in
the
workplace.
30
d.
An
employer’s
regulation
of
marijuana
use
by
an
employee.
31
e.
Operating
a
motor
vehicle,
motorboat,
or
sailboat
while
32
under
the
influence
of
marijuana.
33
f.
Prohibiting
any
person,
business,
organization,
or
34
other
entity,
or
a
governmental
agency
that
occupies,
owns,
35
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or
controls
any
real
property,
from
prohibiting
or
regulating
1
the
possession,
manufacture,
or
delivery
of
marijuana
on
such
2
property.
3
4.
A
peace
officer
shall
confiscate
all
visible
marijuana
4
or
drug
paraphernalia
associated
with
a
violation
punishable
5
pursuant
to
this
section.
6
5.
The
existence
of
any
of
the
following
circumstances
7
shall
not
constitute
reasonable
suspicion
of
a
crime
either
8
individually
or
in
combination
with
each
other,
unless
the
9
peace
officer
is
investigating
a
person
for
suspicion
of
10
operating
a
motor
vehicle,
motorboat,
or
sailboat
while
under
11
the
influence
of
marijuana:
12
a.
The
odor
of
marijuana.
13
b.
The
possession
of,
or
the
suspicion
of
the
possession
of,
14
marijuana,
without
evidence
that
the
quantity
of
marijuana
is
15
equal
to
or
greater
than
forty-two
and
one-half
grams.
16
c.
The
possession
of
multiple
containers
of
marijuana
17
without
evidence
that
the
quantity
of
marijuana
is
equal
to
or
18
greater
than
forty-two
and
one-half
grams.
19
d.
The
possession
of
marijuana
in
proximity
to
any
amount
of
20
cash
without
evidence
that
the
quantity
of
marijuana
is
equal
21
to
or
greater
than
forty-two
and
one-half
grams.
22
6.
A
civil
penalty
assessed
pursuant
to
this
section
shall
23
be
collected
by
the
clerk
of
the
district
court
and
shall
be
24
distributed
as
provided
in
section
602.8105,
subsection
4.
25
Sec.
3.
Section
124.414,
subsection
3,
Code
2021,
is
amended
26
to
read
as
follows:
27
3.
A
person
who
violates
this
section
commits
a
simple
28
misdemeanor.
However,
if
the
drug
paraphernalia
was
not
29
offered
for
sale,
the
violation
shall
be
prosecuted
and
30
punished
as
provided
in
section
124.401H.
31
Sec.
4.
Section
602.8105,
subsection
4,
Code
2021,
is
32
amended
to
read
as
follows:
33
4.
The
clerk
of
the
district
court
shall
collect
a
civil
34
penalty
assessed
against
a
retailer
person
pursuant
to
35
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163
section
124.401H
or
against
a
retailer
pursuant
to
section
1
126.23B
.
Any
moneys
collected
from
the
civil
penalty
shall
be
2
distributed
to
the
city
or
county
that
brought
the
enforcement
3
action
for
a
violation
of
section
124.401H
or
126.23A
.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
manufacture,
delivery,
or
8
possession
of
marijuana,
the
possession
of
drug
paraphernalia,
9
and
provides
penalties.
10
The
bill
provides
that
a
person
who
violates
Code
section
11
124.401(1)(d)
relating
to
the
manufacture,
delivery,
or
12
possession
of
marijuana
involving
less
than
42.5
grams
of
13
marijuana
that
was
not
offered
for
sale
shall
be
assessed
a
14
civil
penalty
in
the
amount
of
$25.
Current
law
specifies
that
15
a
violation
of
this
Code
section
involving
50
kilograms
or
less
16
of
marijuana
is
a
class
“D”
felony.
17
The
bill
provides
that
a
person
who
violates
Code
section
18
124.414
involving
drug
paraphernalia
that
was
not
offered
for
19
sale
shall
be
assessed
a
civil
penalty
in
the
amount
of
$25.
20
Current
law
provides
that
a
violation
of
Code
section
124.414
21
is
a
simple
misdemeanor.
22
The
bill
shall
not
be
construed
to
allow
any
of
the
23
following:
the
sale
of
marijuana
or
drug
paraphernalia;
the
24
use
of
marijuana
or
the
display
of
drug
paraphernalia
in
a
25
public
place;
the
possession,
manufacture,
or
delivery
of
26
marijuana
or
drug
paraphernalia
in
the
workplace;
an
employer’s
27
regulation
of
marijuana
use
by
an
employee;
the
operation
28
of
a
motor
vehicle,
motorboat,
or
sailboat
while
under
the
29
influence
of
marijuana;
or
prohibiting
any
person,
business,
30
organization,
or
a
governmental
agency
that
occupies,
owns,
31
or
controls
any
real
property,
from
prohibiting
or
regulating
32
marijuana
on
such
property.
33
The
bill
specifies
that
the
existence
of
any
of
the
following
34
circumstances
shall
not
constitute
reasonable
suspicion
35
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163
of
a
crime
either
individually
or
in
combination
with
each
1
other,
unless
the
peace
officer
is
investigating
a
person
for
2
suspicion
of
operating
a
motor
vehicle,
motorboat,
or
sailboat
3
while
under
the
influence
of
marijuana:
the
odor
of
marijuana;
4
the
possession
of,
or
the
suspicion
of
the
possession
of,
5
marijuana,
without
evidence
that
the
quantity
of
marijuana
is
6
equal
to
or
greater
than
42.5
grams;
the
possession
of
multiple
7
containers
of
marijuana
without
evidence
that
the
quantity
8
of
marijuana
is
equal
to
or
greater
than
42.5
grams;
and
the
9
possession
of
marijuana
in
proximity
to
any
amount
of
cash
10
without
evidence
that
the
quantity
of
marijuana
is
equal
to
or
11
greater
than
42.5
grams.
12
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