Bill Text: IA HF2067 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the possession, delivery, or possession with intent to deliver marijuana, and providing penalties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-22 - Introduced, referred to Judiciary. H.J. 125. [HF2067 Detail]

Download: Iowa-2017-HF2067-Introduced.html

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House File 2067 - Introduced




                                 HOUSE FILE       
                                 BY  WOLFE

                                      A BILL FOR

  1 An Act relating to the possession, delivery, or possession with
  2    intent to deliver marijuana, and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5245YH (4) 87
    jm/rh

PAG LIN



  1  1    Section 1.  Section 124.401, subsection 5, Code 2018, is
  1  2 amended to read as follows:
  1  3    5.a.  (1)  It is unlawful for any person knowingly or
  1  4 intentionally to possess a controlled substance unless such
  1  5 substance was obtained directly from, or pursuant to, a valid
  1  6 prescription or order of a practitioner while acting in the
  1  7 course of the practitioner's professional practice, or except
  1  8 as otherwise authorized by this chapter. Any person who
  1  9 violates this subsection is guilty of a serious misdemeanor
  1 10 for a first offense. A person who commits a violation of
  1 11 this subsection and who has previously been convicted of
  1 12 violating this chapter or chapter 124B or 453B, or chapter
  1 13 124A as it existed prior to July 1, 2017, is guilty of an
  1 14 aggravated misdemeanor. A person who commits a violation of
  1 15 this subsection and has previously been convicted two or more
  1 16 times of violating this chapter or chapter 124B or 453B, or
  1 17 chapter 124A as it existed prior to July 1, 2017, is guilty of a
  1 18 class "D" felony.
  1 19    (2)  A violation of paragraph "b" shall not be considered a
  1 20 previous conviction for purposes of enhancing a penalty under
  1 21 this paragraph.
  1 22    b.  If the controlled substance is marijuana, the punishment
  1 23 shall be by imprisonment in the county jail for not more than
  1 24 six months or by a fine of not more than one thousand dollars,
  1 25 or by both such fine and imprisonment for a first offense. If
  1 26 the controlled substance is marijuana and the person has been
  1 27 previously convicted of a violation of this subsection in which
  1 28 the controlled substance was marijuana, the punishment shall be
  1 29 as provided in section 903.1, subsection 1, paragraph "b". If
  1 30 the controlled substance is marijuana and the person has been
  1 31 previously convicted two or more times of a violation of this
  1 32 subsection in which the controlled substance was marijuana, the
  1 33 person is guilty of an aggravated misdemeanor offense shall
  1 34 be classified as a simple misdemeanor punishable by up to the
  1 35 maximum fine amount provided in section 903.1, subsection
  2  1 1, paragraph "a", but shall not be punishable by a term of
  2  2 imprisonment.
  2  3    c.  All or any part of a sentence imposed pursuant to
  2  4 this subsection may be suspended and the person placed upon
  2  5 probation upon such terms and conditions as the court may
  2  6 impose including the active participation by such person in a
  2  7 drug treatment, rehabilitation or education program approved
  2  8 by the court.
  2  9    d.  If a person commits a violation of this subsection,
  2 10 except for a violation of this subsection in which the
  2 11 controlled substance is marijuana, the court shall order
  2 12 the person to serve a term of imprisonment of not less than
  2 13 forty=eight hours. Any sentence imposed may be suspended, and
  2 14 the court shall place the person on probation upon such terms
  2 15 and conditions as the court may impose. If the person is not
  2 16 sentenced to confinement under the custody of the director of
  2 17 the department of corrections, the terms and conditions of
  2 18 probation shall require submission to random drug testing.
  2 19 If the person fails a drug test, the court may transfer the
  2 20 person's placement to any appropriate placement permissible
  2 21 under the court order.
  2 22    e.  If the controlled substance is amphetamine, its salts,
  2 23 isomers, or salts of its isomers, or methamphetamine, its
  2 24 salts, isomers, or salts of its isomers, the court shall order
  2 25 the person to serve a term of imprisonment of not less than
  2 26 forty=eight hours. Any sentence imposed may be suspended,
  2 27 and the court shall place the person on probation upon such
  2 28 terms and conditions as the court may impose. The court may
  2 29 place the person on intensive probation. However, the terms
  2 30 and conditions of probation shall require submission to random
  2 31 drug testing. If the person fails a drug test, the court may
  2 32 transfer the person's placement to any appropriate placement
  2 33 permissible under the court order.
  2 34    Sec. 2.  Section 124.410, Code 2018, is amended to read as
  2 35 follows:
  3  1    124.410  Accommodation offense.
  3  2    In a prosecution for unlawful delivery or possession with
  3  3 intent to deliver marijuana, if the prosecution proves that
  3  4 the defendant violated the provisions of section 124.401,
  3  5 subsection 1, by proving that the defendant delivered or
  3  6 possessed with intent to deliver one=half ounce forty=two and
  3  7 one=half grams or less of marijuana which was not offered for
  3  8 sale, the defendant is guilty of an accommodation offense and
  3  9 rather than being sentenced as if convicted for a violation
  3 10 of section 124.401, subsection 1, paragraph "d", shall be
  3 11 sentenced as if convicted of a violation of section 124.401,
  3 12 subsection 5, paragraph "a". An accommodation offense may be
  3 13 proved as an included offense under a charge of delivering or
  3 14 possessing with the intent to deliver marijuana in violation
  3 15 of section 124.401, subsection 1. This section does not apply
  3 16 to hashish, hashish oil, or other derivatives of marijuana as
  3 17 defined in section 124.101, subsection 20.
  3 18                           EXPLANATION
  3 19 The inclusion of this explanation does not constitute agreement with
  3 20 the explanation's substance by the members of the general assembly.
  3 21    This bill relates to the possession, delivery, or possession
  3 22 with intent to deliver marijuana.
  3 23    The bill modifies the penalty for the possession of
  3 24 marijuana.  Under the bill, if a person is convicted of
  3 25 possession of marijuana, the person commits a simple
  3 26 misdemeanor punishable by a fine of at least $65 but not
  3 27 more than $625, but shall not be punishable by a term of
  3 28 imprisonment.  The bill also strikes provisions enhancing
  3 29 penalties for multiple convictions for the possession of
  3 30 marijuana.
  3 31    Currently, if a person commits first offense possession
  3 32 of marijuana, the offense is punishable by imprisonment in
  3 33 the county jail for not more than six months or by a fine
  3 34 of not more than $1,000, or by both.  If a person commits a
  3 35 second offense possession of marijuana under current law, the
  4  1 person commits a serious misdemeanor, and a third or subsequent
  4  2 offense is punishable as an aggravated misdemeanor.
  4  3    The bill does not modify the penalty revoking a person's
  4  4 driver's license for 180 days if the person is sentenced for
  4  5 possession of marijuana.
  4  6    The bill also modifies the criminal offense of accommodation
  4  7 which relates to the unlawful delivery or possession with
  4  8 intent to deliver marijuana.  Under the bill, a person who
  4  9 unlawfully delivers or possesses with the intent to deliver
  4 10 42.5 grams or less of marijuana which was not offered for
  4 11 sale is guilty of an accommodation offense and the offense
  4 12 shall be punishable as a serious misdemeanor rather than a
  4 13 class "C" felony.  Currently, a person is not eligible for
  4 14 an accommodation offense if the offense involves more than
  4 15 one=half ounce (14.17 grams) of marijuana.
  4 16    A simple misdemeanor is punishable by confinement for no
  4 17 more than 30 days or a fine of at least $65 but not more than
  4 18 $625 or by both.  A serious misdemeanor is punishable by
  4 19 confinement for no more than one year and a fine of at least
  4 20 $315 but not more than $1,875.  An aggravated misdemeanor is
  4 21 punishable by confinement for no more than two years and a fine
  4 22 of at least $625 but not more than $6,250.
       LSB 5245YH (4) 87
       jm/rh