Bill Text: IA HF2208 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to marijuana, including the elimination of criminal penalties relating to the use, possession, manufacture, and delivery of marijuana.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-31 - Introduced, referred to Public Safety. H.J. 178. [HF2208 Detail]
Download: Iowa-2019-HF2208-Introduced.html
House
File
2208
-
Introduced
HOUSE
FILE
2208
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
marijuana,
including
the
elimination
1
of
criminal
penalties
relating
to
the
use,
possession,
2
manufacture,
and
delivery
of
marijuana.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124.204,
subsection
4,
paragraph
m,
Code
1
2020,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
124.206,
subsection
7,
paragraph
a,
Code
3
2020,
is
amended
by
striking
the
paragraph.
4
Sec.
3.
Section
124.401,
subsection
1,
unnumbered
paragraph
5
1,
Code
2020,
is
amended
to
read
as
follows:
6
Except
as
authorized
by
this
chapter
or
chapter
124E
,
7
it
is
unlawful
for
any
person
to
manufacture,
deliver,
or
8
possess
with
the
intent
to
manufacture
or
deliver,
a
controlled
9
substance,
a
counterfeit
substance,
a
simulated
controlled
10
substance,
or
an
imitation
controlled
substance,
or
to
act
11
with,
enter
into
a
common
scheme
or
design
with,
or
conspire
12
with
one
or
more
other
persons
to
manufacture,
deliver,
or
13
possess
with
the
intent
to
manufacture
or
deliver
a
controlled
14
substance,
a
counterfeit
substance,
a
simulated
controlled
15
substance,
or
an
imitation
controlled
substance.
16
Sec.
4.
Section
124.401,
subsection
1,
paragraph
a,
17
subparagraph
(6),
Code
2020,
is
amended
by
striking
the
18
subparagraph.
19
Sec.
5.
Section
124.401,
subsection
1,
paragraph
b,
20
subparagraph
(6),
Code
2020,
is
amended
by
striking
the
21
subparagraph.
22
Sec.
6.
Section
124.401,
subsection
1,
paragraph
c,
23
subparagraph
(5),
Code
2020,
is
amended
by
striking
the
24
subparagraph.
25
Sec.
7.
Section
124.401,
subsection
1,
paragraph
c,
26
subparagraph
(9),
Code
2020,
is
amended
to
read
as
follows:
27
(9)
Any
other
controlled
substance,
counterfeit
substance,
28
simulated
controlled
substance,
or
imitation
controlled
29
substance
classified
in
schedule
I,
II,
or
III,
except
as
30
provided
in
paragraph
“d”
,
or
in
chapter
124E
.
31
Sec.
8.
Section
124.401,
subsection
1,
paragraph
d,
Code
32
2020,
is
amended
to
read
as
follows:
33
d.
Violation
of
this
subsection
,
with
respect
to
any
other
34
controlled
substances,
counterfeit
substances,
simulated
35
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controlled
substances,
or
imitation
controlled
substances
1
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
2
However,
violation
of
this
subsection
involving
fifty
kilograms
3
or
less
of
marijuana
or
involving
flunitrazepam
is
a
class
“D”
4
felony.
5
Sec.
9.
Section
124.401,
subsection
5,
unnumbered
paragraph
6
2,
Code
2020,
is
amended
to
read
as
follows:
7
If
the
controlled
substance
is
marijuana,
the
punishment
8
shall
be
by
imprisonment
in
the
county
jail
for
not
more
than
9
six
months
or
by
a
fine
of
not
more
than
one
thousand
dollars,
10
or
by
both
such
fine
and
imprisonment
for
a
first
offense.
If
11
the
controlled
substance
is
marijuana
and
the
person
has
been
12
previously
convicted
of
a
violation
of
this
subsection
in
which
13
the
controlled
substance
was
marijuana,
the
punishment
shall
be
14
as
provided
in
section
903.1,
subsection
1
,
paragraph
“b”
.
If
15
the
controlled
substance
is
marijuana
and
the
person
has
been
16
previously
convicted
two
or
more
times
of
a
violation
of
this
17
subsection
in
which
the
controlled
substance
was
marijuana,
the
18
person
is
guilty
of
an
aggravated
misdemeanor.
This
subsection
19
does
not
apply
to
the
possession
of
marijuana.
20
Sec.
10.
Section
124.407,
subsection
2,
Code
2020,
is
21
amended
to
read
as
follows:
22
2.
a.
Any
person
who
violates
this
section
and
where
the
23
controlled
substance
is
any
one
a
controlled
substance
other
24
than
marijuana
is
guilty
of
a
class
“D”
felony.
25
b.
Any
person
who
violates
this
section
,
and
where
the
26
controlled
substance
is
marijuana
only,
is
guilty
of
a
serious
27
misdemeanor.
28
Sec.
11.
Section
124.411,
subsection
2,
Code
2020,
is
29
amended
to
read
as
follows:
30
2.
For
purposes
of
this
section
,
an
offense
is
considered
31
a
second
or
subsequent
offense,
if,
prior
to
the
person’s
32
having
been
convicted
of
the
offense,
the
offender
has
ever
33
been
convicted
under
this
chapter
or
under
any
state
or
federal
34
statute
relating
to
narcotic
drugs
or
cocaine,
marijuana,
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depressant,
stimulant,
or
hallucinogenic
drugs.
1
Sec.
12.
Section
124.413,
subsection
2,
Code
2020,
is
2
amended
by
striking
the
subsection.
3
Sec.
13.
Section
124.506A,
subsection
1,
Code
2020,
is
4
amended
to
read
as
follows:
5
1.
Notwithstanding
the
provisions
of
section
124.506
,
if
6
more
than
ten
pounds
of
marijuana
or
more
than
one
pound
of
any
7
other
controlled
substance
is
seized
as
a
result
of
a
violation
8
of
this
chapter
,
the
law
enforcement
agency
responsible
for
9
retaining
the
seized
controlled
substance
may
destroy
the
10
seized
controlled
substance
if
the
law
enforcement
agency
11
retains
at
least
ten
pounds
of
the
marijuana
seized
or
at
least
12
one
pound
of
any
other
controlled
substance
seized
for
evidence
13
purposes.
14
Sec.
14.
Section
124E.12,
subsection
1,
Code
2020,
is
15
amended
to
read
as
follows:
16
1.
A
health
care
practitioner,
including
any
authorized
17
agent
or
employee
thereof,
shall
not
be
subject
to
18
prosecution
for
the
unlawful
certification
,
possession,
or
19
administration
of
marijuana
under
the
laws
of
this
state
for
20
activities
arising
directly
out
of
or
directly
related
to
the
21
certification
or
use
of
medical
cannabidiol
in
the
treatment
22
of
a
patient
diagnosed
with
a
debilitating
medical
condition
23
as
authorized
by
this
chapter
.
24
Sec.
15.
Section
124E.12,
subsection
4,
Code
2020,
is
25
amended
by
striking
the
subsection.
26
Sec.
16.
Section
232.45,
subsection
14,
paragraph
a,
Code
27
2020,
is
amended
to
read
as
follows:
28
a.
If
a
child
who
is
alleged
to
have
delivered,
29
manufactured,
or
possessed
with
intent
to
deliver
or
30
manufacture,
a
controlled
substance
except
marijuana,
as
31
defined
in
chapter
124
,
is
waived
to
district
court
for
32
prosecution,
the
mandatory
minimum
sentence
provided
in
section
33
124.413
shall
not
be
imposed
if
a
conviction
is
had;
however,
34
each
child
convicted
of
such
an
offense
shall
be
confined
for
35
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not
less
than
thirty
days
in
a
secure
facility.
1
Sec.
17.
Section
453B.1,
subsection
3,
paragraph
a,
2
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
3
(1)
Seven
or
more
grams
of
a
taxable
substance
other
than
4
marijuana,
but
including
a
taxable
substance
that
is
a
mixture
5
of
marijuana
and
other
taxable
substances
.
6
Sec.
18.
Section
453B.1,
subsection
3,
paragraph
a,
7
subparagraphs
(2)
and
(3),
Code
2020,
are
amended
by
striking
8
the
subparagraphs.
9
Sec.
19.
Section
453B.1,
subsections
7,
8,
and
11,
Code
10
2020,
are
amended
by
striking
the
subsections.
11
Sec.
20.
Section
453B.1,
subsection
10,
Code
2020,
is
12
amended
to
read
as
follows:
13
10.
“Taxable
substance”
means
a
controlled
substance,
a
14
counterfeit
substance,
or
a
simulated
controlled
substance,
or
15
marijuana,
or
a
mixture
of
materials
that
contains
a
controlled
16
substance,
counterfeit
substance,
or
simulated
controlled
17
substance
,
or
marijuana
.
18
Sec.
21.
Section
453B.4,
Code
2020,
is
amended
to
read
as
19
follows:
20
453B.4
Measurements.
21
For
purposes
of
measurements
under
this
chapter
,
the
22
weight
of
a
taxable
substance
shall
be
measured
by
its
weight
23
in
metric
grams
in
the
dealer’s
possession.
If
a
taxable
24
substance
consists
of
a
mixture
containing
both
marijuana
and
25
another
substance
or
combination
of
substances
listed
in
the
26
definition
of
taxable
substance
in
section
453B.1
,
the
taxable
27
substance
shall
be
taxed
under
section
453B.7,
subsection
2
.
28
Sec.
22.
Section
453B.7,
Code
2020,
is
amended
to
read
as
29
follows:
30
453B.7
Tax
imposed
——
rate
of
tax.
31
An
excise
tax
is
imposed
on
dealers
at
the
following
rates:
32
1.
On
each
gram
of
processed
marijuana,
or
each
portion
of
a
33
gram,
five
dollars.
34
2.
1.
On
each
gram
or
portion
of
a
gram
of
any
taxable
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substance
,
other
than
marijuana,
sold
by
weight,
two
hundred
1
fifty
dollars.
2
3.
On
each
unprocessed
marijuana
plant,
seven
hundred
fifty
3
dollars.
4
4.
2.
On
each
ten
dosage
units
of
any
taxable
substance
,
5
other
than
unprocessed
marijuana
plants,
that
is
not
sold
by
6
weight,
or
portion
thereof,
four
hundred
dollars.
7
Sec.
23.
REPEAL.
Section
124.410,
Code
2020,
is
repealed.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
elimination
of
criminal
penalties
12
relating
to
the
use,
possession,
manufacture,
and
delivery
13
of
marijuana
contained
in
Code
chapter
124
(Iowa’s
uniform
14
controlled
substances
Act).
15
Under
current
law,
the
manufacture,
delivery,
or
possession
16
with
intent
to
sell
more
than
1,000
kilograms
of
marijuana
is
a
17
class
“B”
felony
punishable
by
confinement
of
no
more
than
50
18
years.
The
manufacture,
delivery,
or
possession
with
intent
to
19
sell
of
between
100
kilograms
and
1,000
kilograms
of
marijuana
20
is
a
class
“B”
felony
punishable
by
confinement
of
no
more
21
than
25
years.
The
manufacture,
delivery,
or
possession
with
22
intent
to
sell
of
between
50
kilograms
and
100
kilograms
of
23
marijuana
is
a
class
“C”
felony.
The
manufacture,
delivery,
24
or
possession
with
intent
to
sell
of
less
than
50
kilograms
of
25
marijuana
is
a
class
“D”
felony.
The
manufacture,
delivery,
26
or
possession
with
intent
to
sell
of
between
4
and
12
ounces
of
27
marijuana
is
a
class
“D”
felony.
The
manufacture,
delivery,
28
or
possession
with
intent
to
sell
of
fewer
than
4
ounces
of
29
marijuana
is
a
class
“D”
felony.
30
The
bill
removes
marijuana
from
the
definition
of
31
“hallucinogenic
substances”.
32
Under
current
law,
a
person
who
unlawfully
possesses
33
marijuana
shall
be
punished
by
imprisonment
in
the
county
jail
34
for
not
more
than
six
months
or
by
a
fine
of
not
more
$1,000,
or
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by
both,
for
a
first
offense.
For
a
second
offense,
the
person
1
commits
a
serious
misdemeanor.
For
a
third
or
subsequent
2
offense,
a
person
commits
an
aggravated
misdemeanor.
3
The
bill
strikes
a
provision
making
it
a
serious
misdemeanor
4
for
a
person
to
sponsor,
promote,
or
aid
in
the
sponsoring
5
or
promoting
of
a
meeting
or
gathering
with
the
knowledge
or
6
intent
that
marijuana
be
distributed,
used,
or
possessed
at
the
7
meeting
or
gathering
in
violation
of
Code
chapter
124.
8
The
bill
strikes
a
provision
allowing
a
prosecution
for
9
unlawful
delivery
or
possession
with
intent
to
deliver
10
marijuana,
if
the
prosecution
proves
that
the
defendant
11
delivered
or
possessed
with
intent
to
deliver
one-half
ounce
12
or
less
of
marijuana
which
was
not
offered
for
sale,
the
13
defendant
is
guilty
of
an
accommodation
offense
and
rather
14
than
being
sentenced
for
a
class
“D”
felony
under
Code
section
15
124.401(1)(d),
the
person
is
sentenced
for
a
misdemeanor
in
16
violation
of
Code
section
124.401(5).
17
Currently,
a
person
convicted
of
a
second
or
subsequent
18
offense
under
Code
chapter
124
may
be
punished
by
imprisonment
19
for
a
period
not
to
exceed
three
times
the
term
otherwise
20
authorized,
or
fined
not
more
than
three
times
the
amount
21
otherwise
authorized.
The
bill
strikes
the
provision
that
22
allows
for
the
use
of
a
previous
marijuana
conviction
in
23
determining
if
a
person
has
been
convicted
of
a
second
or
24
subsequent
offense
under
Code
chapter
124.
25
The
bill
alters
provisions
in
Code
chapter
453B
(excise
26
taxes
on
unlawful
dealing
in
certain
substances)
by
removing
27
references
to
marijuana.
The
bill
also
removes
references
to
28
marijuana
in
Code
sections
relating
to
parole
eligibility
and
29
large
seizures
of
controlled
substances.
30
The
bill
makes
conforming
Code
changes
to
Code
sections
31
124E.12
(use
of
medical
cannabidiol
——
affirmative
defenses)
32
and
232.45
(juvenile
court
waiver,
marijuana
offenses
by
33
juvenile).
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