Bill Text: IA SF432 | 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; See SF 2180.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-01-18 - Subcommittee recommends passage. [SF432 Detail]
Download: Iowa-2017-SF432-Introduced.html
Senate File 432 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (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 1586SV (1) 87 jm/nh PAG LIN 1 1 Section 1. Section 124.401, subsection 5, Code 2017, 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 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)IfExcept 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 2 4 with the provisions of chapter 124D. For purposes of this 2 5 paragraph, "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. LSB 1586SV (1) 87 jm/nh
