Bill Text: IA HF200 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession, manufacture, or delivery of marijuana and the possession of drug paraphernalia, and providing penalties.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Introduced - Dead) 2017-02-02 - Introduced, referred to Judiciary. H.J. 182. [HF200 Detail]
Download: Iowa-2017-HF200-Introduced.html
House File 200 - Introduced HOUSE FILE BY HUNTER, BROWN=POWERS, MASCHER, OLSON, BENNETT, T. TAYLOR, and ABDUL=SAMAD A BILL FOR 1 An Act relating to the possession, manufacture, or delivery 2 of marijuana and the possession of drug paraphernalia, and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1800YH (3) 87 jm/nh PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph d, Code 1 2 2017, is amended to read as follows: 1 3 d. Violation of this subsection, with respect to any other 1 4 controlled substances, counterfeit substances, or simulated 1 5 controlled substances classified in section 124.204, subsection 1 6 4, paragraph "ai", or section 124.204, subsection 6, paragraph 1 7 "i", or classified in schedule IV or V is an aggravated 1 8 misdemeanor. However, violation of this subsection involving 1 9fifty kilograms or lessat least forty=two and one=half grams 1 10 but not more than fifty kilograms of marijuana or involving 1 11 flunitrazepam is a class "D" felony. A violation of this 1 12 subsection involving less than forty=two and one=half grams 1 13 of marijuana shall be prosecuted and punished as provided in 1 14 section 124.401G if the marijuana was not offered for sale, 1 15 otherwise the violation is a class "D" felony. 1 16 Sec. 2. NEW SECTION. 124.401G Small amount of marijuana ==== 1 17 drug paraphernalia ==== reasonable suspicion ==== civil penalty. 1 18 1. A person who commits a violation of section 124.401, 1 19 subsection 1, involving less than forty=two and one=half grams 1 20 of marijuana that was not offered for sale shall be assessed a 1 21 civil penalty in the amount of twenty=five dollars. 1 22 2. A person who commits a violation of section 124.414, 1 23 if the drug paraphernalia was not offered for sale shall be 1 24 assessed a civil penalty in the amount of twenty=five dollars. 1 25 3. This section shall not be construed to allow any of the 1 26 following: 1 27 a. The sale of marijuana or drug paraphernalia. 1 28 b. The use of marijuana or the display of drug paraphernalia 1 29 in a public place. 1 30 c. The possession, manufacture, or delivery of marijuana or 1 31 drug paraphernalia in the workplace. 1 32 d. An employer's regulation of marijuana use by an employee. 1 33 e. Operating a motor vehicle, motorboat, or sailboat while 1 34 under the influence of marijuana. 1 35 f. Prohibiting any person, business, organization, or 2 1 other entity, or a governmental agency that occupies, owns, 2 2 or controls any real property, from prohibiting or regulating 2 3 the possession, manufacture, or delivery of marijuana on such 2 4 property. 2 5 4. A peace officer shall confiscate all visible marijuana 2 6 or drug paraphernalia associated with a violation punishable 2 7 pursuant to this section. 2 8 5. The existence of any of the following circumstances 2 9 shall not constitute reasonable suspicion of a crime either 2 10 individually or in combination with each other, unless the 2 11 peace officer is investigating a person for suspicion of 2 12 operating a motor vehicle, motorboat, or sailboat while under 2 13 the influence of marijuana: 2 14 a. The odor of marijuana. 2 15 b. The possession of, or the suspicion of the possession of, 2 16 marijuana, without evidence that the quantity of marijuana is 2 17 equal to or greater than forty=two and one=half grams. 2 18 c. The possession of multiple containers of marijuana 2 19 without evidence that the quantity of marijuana is equal to or 2 20 greater than forty=two and one=half grams. 2 21 d. The possession of marijuana in proximity to any amount of 2 22 cash without evidence that the quantity of marijuana is equal 2 23 to or greater than forty=two and one=half grams. 2 24 6. A civil penalty assessed pursuant to this section shall 2 25 be collected by the clerk of the district court and shall be 2 26 distributed as provided in section 602.8105, subsection 4. 2 27 Sec. 3. Section 124.414, subsection 3, Code 2017, is amended 2 28 to read as follows: 2 29 3. A person who violates this section commits a simple 2 30 misdemeanor. However, if the drug paraphernalia was not 2 31 offered for sale, the violation shall be prosecuted and 2 32 punished as provided in section 124.401G. 2 33 Sec. 4. Section 602.8105, subsection 4, Code 2017, is 2 34 amended to read as follows: 2 35 4. The clerk of the district court shall collect a civil 3 1 penalty assessed against aretailerperson pursuant to section 3 2 124.401G or against a retailer pursuant to section 126.23B. Any 3 3 moneys collected from the civil penalty shall be distributed to 3 4 the city or county that brought the enforcement action for a 3 5 violation of section 124.401G or 126.23A. 3 6 EXPLANATION 3 7 The inclusion of this explanation does not constitute agreement with 3 8 the explanation's substance by the members of the general assembly. 3 9 This bill relates to the possession, manufacture, or 3 10 delivery of marijuana, the possession of drug paraphernalia, 3 11 and provides penalties. 3 12 The bill provides that a person who violates Code section 3 13 124.401(1) involving less than 42.5 grams of marijuana that was 3 14 not offered for sale shall be assessed a civil penalty in the 3 15 amount of $25. Current law specifies that the person commits 3 16 anywhere from a serious misdemeanor to a class "D" felony 3 17 depending on the circumstances of the case. 3 18 The bill provides that a person who violates Code section 3 19 124.414 involving drug paraphernalia that was not offered for 3 20 sale shall be assessed a civil penalty in the amount of $25. 3 21 Current law provides that a violation of Code section 124.414 3 22 is a simple misdemeanor. 3 23 The bill shall not be construed to allow any of the 3 24 following: the sale of marijuana or drug paraphernalia; the 3 25 use of marijuana or the display of drug paraphernalia in a 3 26 public place; the possession, manufacture, or delivery of 3 27 marijuana or drug paraphernalia in the workplace; an employer's 3 28 regulation of marijuana use by an employee; the operation 3 29 of a motor vehicle, motorboat, or sailboat while under the 3 30 influence of marijuana; or prohibiting any person, business, 3 31 organization, or a governmental agency that occupies, owns, 3 32 or controls any real property, from prohibiting or regulating 3 33 marijuana on such property. 3 34 The bill specifies that the existence of any of the following 3 35 circumstances shall not constitute reasonable suspicion 4 1 of a crime either individually or in combination with each 4 2 other, unless the peace officer is investigating a person for 4 3 suspicion of operating a motor vehicle, motorboat, or sailboat 4 4 while under the influence of marijuana: the odor of marijuana; 4 5 the possession of, or the suspicion of the possession of, 4 6 marijuana, without evidence that the quantity of marijuana is 4 7 equal to or greater than 42.5 grams; the possession of multiple 4 8 containers of marijuana without evidence that the quantity 4 9 of marijuana is equal to or greater than 42.5 grams; and the 4 10 possession of marijuana in proximity to any amount of cash 4 11 without evidence that the quantity of marijuana is equal to or 4 12 greater than 42.5 grams. LSB 1800YH (3) 87 jm/nh
