Iowa-2017-HF2067-Introduced
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:
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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.
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