Bill Text: IA SF2180 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession of marijuana, and providing a penalty. (Formerly SF 280, SF 432.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-15 - Referred to Judiciary. S.J. 692. [SF2180 Detail]
Download: Iowa-2017-SF2180-Introduced.html
Senate File 2180 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 432) (SUCCESSOR TO SF 280) A BILL FOR 1 An Act relating to the possession of marijuana, and providing 2 a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1586SZ (2) 87 jm/rj PAG LIN 1 1 Section 1. Section 124.401, subsection 5, Code 2018, is 1 2 amended to read as follows: 1 3 5. It is unlawful for any person knowingly or intentionally 1 4 to possess a controlled substance unless such substance was 1 5 obtained directly from, or pursuant to, a valid prescription 1 6 or order of a practitioner while acting in the course of the 1 7 practitioner's professional practice, or except as otherwise 1 8 authorized by this chapter.AnyExcept as otherwise provided 1 9 in this subsection, any person who violates this subsection 1 10 is guilty of a serious misdemeanor for a first offense. A 1 11 person who commits a violation of this subsection and who has 1 12 previously been convicted of violating this chapter or chapter 1 13 124B or 453B, or chapter 124A as it existed prior to July 1, 1 14 2017, is guilty of an aggravated misdemeanor. A person who 1 15 commits a violation of this subsection and has previously 1 16 been convicted two or more times of violating this chapter or 1 17 chapter 124B or 453B, or chapter 124A as it existed prior to 1 18 July 1, 2017, is guilty of a class "D" felony. 1 19 a. (1)IfExcept as otherwise provided in subparagraph (4), 1 20 if the controlled substance is marijuana, the punishment shall 1 21 be by imprisonment in the county jail for not more than six 1 22 months or by a fine of not more than one thousand dollars, or by 1 23 both such fine and imprisonment for a first offense. 1 24 (2) If the controlled substance is marijuana and the person 1 25 has been previously convicted of a violation of this subsection 1 26 in which the controlled substance was marijuana, the punishment 1 27 shall be as provided in section 903.1, subsection 1, paragraph 1 28 "b". 1 29 (3) If the controlled substance is marijuana and the person 1 30 has been previously convicted two or more times of a violation 1 31 of this subsection in which the controlled substance was 1 32 marijuana, the person is guilty of an aggravated misdemeanor. 1 33 (4) If the controlled substance is marijuana and is five 1 34 grams or less and subparagraphs (2) and (3) do not apply, the 1 35 person is guilty of a simple misdemeanor. 2 1 b. All or any part of a sentence imposed pursuant to 2 2 this subsection may be suspended and the person placed upon 2 3 probation upon such terms and conditions as the court may 2 4 impose including the active participation by such person in a 2 5 drug treatment, rehabilitation or education program approved 2 6 by the court. 2 7 c. If a person commits a violation of this subsection, the 2 8 court shall order the person to serve a term of imprisonment of 2 9 not less than forty=eight hours. Any sentence imposed may be 2 10 suspended, and the court shall place the person on probation 2 11 upon such terms and conditions as the court may impose. If 2 12 the person is not sentenced to confinement under the custody 2 13 of the director of the department of corrections, the terms 2 14 and conditions of probation shall require submission to random 2 15 drug testing. If the person fails a drug test, the court may 2 16 transfer the person's placement to any appropriate placement 2 17 permissible under the court order. 2 18 d. If the controlled substance is amphetamine, its salts, 2 19 isomers, or salts of its isomers, or methamphetamine, its 2 20 salts, isomers, or salts of its isomers, the court shall order 2 21 the person to serve a term of imprisonment of not less than 2 22 forty=eight hours. Any sentence imposed may be suspended, 2 23 and the court shall place the person on probation upon such 2 24 terms and conditions as the court may impose. The court may 2 25 place the person on intensive probation. However, the terms 2 26 and conditions of probation shall require submission to random 2 27 drug testing. If the person fails a drug test, the court may 2 28 transfer the person's placement to any appropriate placement 2 29 permissible under the court order. 2 30 EXPLANATION 2 31 The inclusion of this explanation does not constitute agreement with 2 32 the explanation's substance by the members of the general assembly. 2 33 This bill relates to the possession of marijuana. 2 34 The bill provides that a person who possesses five grams 2 35 or less of marijuana commits a simple misdemeanor for a first 3 1 offense. A simple misdemeanor is punishable by confinement for 3 2 no more than 30 days or a fine of at least $65 but not more than 3 3 $625 or by both. 3 4 Current law provides that a person who commits first 3 5 offense possession of marijuana commits a serious misdemeanor 3 6 punishable by confinement for not more than six months or by 3 7 a fine of not more than $1,000 or by both. The bill does not 3 8 modify the penalty for second offense possession of marijuana 3 9 which is punishable by confinement for no more than one year 3 10 and a fine of at least $315 but not more than $1,875. The bill 3 11 also does not modify the penalty for a third or subsequent 3 12 possession of marijuana offense which is punishable by 3 13 confinement for no more than two years and a fine of at least 3 14 $625 but not more than $6,250. LSB 1586SZ (2) 87 jm/rj
