Bill Text: IA SF219 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to the possession of marijuana, and providing a penalty. (Formerly SSB 1121.)

Spectrum: Partisan Bill (? 1-0)

Status: (Engrossed - Dead) 2015-02-26 - Read first time, referred to Public Safety. H.J. 423. [SF219 Detail]

Download: Iowa-2015-SF219-Introduced.html
Senate File 219 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO SSB
                                     1121)

                                      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:
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PAG LIN



  1  1    Section 1.  Section 124.401, subsection 5, Code 2015, 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. Any Except 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 124A, 124B, or 453B is guilty of an aggravated misdemeanor.
  1 14 A person who commits a violation of this subsection and has
  1 15 previously been convicted two or more times of violating this
  1 16 chapter or chapter 124A, 124B, or 453B is guilty of a class "D"
  1 17 felony.
  1 18    a.  (1)  If Except as provided in subparagraph (4), if the
  1 19 controlled substance is marijuana, the punishment shall be by
  1 20 imprisonment in the county jail for not more than six months or
  1 21 by a fine of not more than one thousand dollars, or by both such
  1 22 fine and imprisonment for a first offense.
  1 23    (2)  If the controlled substance is marijuana and the person
  1 24 has been previously convicted of a violation of this subsection
  1 25 in which the controlled substance was marijuana, the punishment
  1 26 shall be as provided in section 903.1, subsection 1, paragraph
  1 27 "b".
  1 28    (3)  If the controlled substance is marijuana and the person
  1 29 has been previously convicted two or more times of a violation
  1 30 of this subsection in which the controlled substance was
  1 31 marijuana, the person is guilty of an aggravated misdemeanor.
  1 32    (4)  If the controlled substance is five grams or less of
  1 33 marijuana and subparagraphs (2) and (3) do not apply, the
  1 34 person is guilty of a simple misdemeanor.
  1 35    (5)  A person may knowingly or intentionally recommend,
  2  1 possess, use, dispense, deliver, transport, or administer
  2  2 cannabidiol if the recommendation, possession, use, dispensing,
  2  3 delivery, transporting, or administering is in accordance with
  2  4 the provisions of chapter 124D.  For purposes of this paragraph
  2  5  subparagraph, "cannabidiol" means the same as defined in section
  2  6 124D.2.
  2  7    b.  All or any part of a sentence imposed pursuant to
  2  8 this subsection may be suspended and the person placed upon
  2  9 probation upon such terms and conditions as the court may
  2 10 impose including the active participation by such person in a
  2 11 drug treatment, rehabilitation or education program approved
  2 12 by the court.
  2 13    c.  If a person commits a violation of this subsection, the
  2 14 court shall order the person to serve a term of imprisonment of
  2 15 not less than forty=eight hours. Any sentence imposed may be
  2 16 suspended, and the court shall place the person on probation
  2 17 upon such terms and conditions as the court may impose. If
  2 18 the person is not sentenced to confinement under the custody
  2 19 of the director of the department of corrections, the terms
  2 20 and conditions of probation shall require submission to random
  2 21 drug testing. If the person fails a drug test, the court may
  2 22 transfer the person's placement to any appropriate placement
  2 23 permissible under the court order.
  2 24    d.  If the controlled substance is amphetamine, its salts,
  2 25 isomers, or salts of its isomers, or methamphetamine, its
  2 26 salts, isomers, or salts of its isomers, the court shall order
  2 27 the person to serve a term of imprisonment of not less than
  2 28 forty=eight hours. Any sentence imposed may be suspended,
  2 29 and the court shall place the person on probation upon such
  2 30 terms and conditions as the court may impose. The court may
  2 31 place the person on intensive probation. However, the terms
  2 32 and conditions of probation shall require submission to random
  2 33 drug testing. If the person fails a drug test, the court may
  2 34 transfer the person's placement to any appropriate placement
  2 35 permissible under the court order.
  3  1                           EXPLANATION
  3  2 The inclusion of this explanation does not constitute agreement with
  3  3 the explanation's substance by the members of the general assembly.
  3  4    This bill relates to the possession of marijuana.
  3  5    The bill provides that a person who possesses five grams
  3  6 or less of marijuana commits a simple misdemeanor for a first
  3  7 offense. A simple misdemeanor is punishable by confinement for
  3  8 no more than 30 days or a fine of at least $65 but not more than
  3  9 $625 or by both.
  3 10    Current law provides that a person who commits first
  3 11 offense possession of marijuana commits a serious misdemeanor
  3 12 punishable by confinement for not more than six months or by
  3 13 a fine of not more than $1,000 or by both. The bill does not
  3 14 modify the penalty for second offense possession of marijuana
  3 15 which is punishable by confinement for no more than one year
  3 16 and a fine of at least $315 but not more than $1,875.  The bill
  3 17 also does not modify the penalty for a third or subsequent
  3 18 possession of marijuana offense which is punishable by
  3 19 confinement for no more than two years and a fine of at least
  3 20 $625 but not more than $6,250.
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