Bill Text: IA SSB1226 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession of marijuana, and providing penalties.(See SF 533.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-03 - Committee report approving bill, renumbered as SF 533. [SSB1226 Detail]
Download: Iowa-2021-SSB1226-Introduced.html
Senate
Study
Bill
1226
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
the
possession
of
marijuana,
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
124.401,
subsection
5,
Code
2021,
is
1
amended
to
read
as
follows:
2
5.
It
is
unlawful
for
any
person
knowingly
or
intentionally
3
to
possess
a
controlled
substance
unless
such
substance
was
4
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
5
or
order
of
a
practitioner
while
acting
in
the
course
of
the
6
practitioner’s
professional
practice,
or
except
as
otherwise
7
authorized
by
this
chapter
.
Any
Except
as
otherwise
provided
8
in
this
subsection,
any
person
who
violates
this
subsection
9
is
guilty
of
a
serious
misdemeanor
for
a
first
offense.
A
10
person
who
commits
a
violation
of
this
subsection
and
who
has
11
previously
been
convicted
of
violating
this
chapter
or
chapter
12
124B
or
453B
,
or
chapter
124A
as
it
existed
prior
to
July
1,
13
2017,
is
guilty
of
an
aggravated
misdemeanor.
A
person
who
14
commits
a
violation
of
this
subsection
and
has
previously
15
been
convicted
two
or
more
times
of
violating
this
chapter
or
16
chapter
124B
or
453B
,
or
chapter
124A
as
it
existed
prior
to
17
July
1,
2017,
is
guilty
of
a
class
“D”
felony.
18
a.
(1)
If
Except
as
provided
in
subparagraph
(4),
if
the
19
controlled
substance
is
marijuana,
the
punishment
shall
be
by
20
imprisonment
in
the
county
jail
for
not
more
than
six
months
or
21
by
a
fine
of
not
more
than
one
thousand
dollars,
or
by
both
such
22
fine
and
imprisonment
for
a
first
offense.
23
(2)
If
the
controlled
substance
is
marijuana
and
the
person
24
has
been
previously
convicted
of
a
violation
of
this
subsection
25
in
which
the
controlled
substance
was
marijuana,
the
punishment
26
shall
be
as
provided
in
section
903.1,
subsection
1
,
paragraph
27
“b”
.
28
(3)
If
the
controlled
substance
is
marijuana
and
the
person
29
has
been
previously
convicted
two
or
more
times
of
a
violation
30
of
this
subsection
in
which
the
controlled
substance
was
31
marijuana,
the
person
is
guilty
of
an
aggravated
misdemeanor.
32
(4)
If
the
controlled
substance
is
five
grams
or
less
of
33
marijuana
and
subparagraphs
(2)
and
(3)
do
not
apply,
the
34
person
is
guilty
of
a
simple
misdemeanor.
35
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(5)
A
person
may
knowingly
or
intentionally
recommend,
1
possess,
use,
dispense,
deliver,
transport,
or
administer
2
cannabidiol
if
the
recommendation,
possession,
use,
dispensing,
3
delivery,
transporting,
or
administering
is
in
accordance
4
with
the
provisions
of
chapter
124E
.
For
purposes
of
this
5
paragraph,
“cannabidiol”
means
the
same
as
defined
in
section
6
124E.2
.
7
b.
All
or
any
part
of
a
sentence
imposed
pursuant
to
8
this
subsection
may
be
suspended
and
the
person
placed
upon
9
probation
upon
such
terms
and
conditions
as
the
court
may
10
impose
including
the
active
participation
by
such
person
in
a
11
drug
treatment,
rehabilitation
or
education
program
approved
12
by
the
court.
13
c.
If
a
person
commits
a
violation
of
this
subsection
,
the
14
court
shall
order
the
person
to
serve
a
term
of
imprisonment
of
15
not
less
than
forty-eight
hours.
Any
sentence
imposed
may
be
16
suspended,
and
the
court
shall
place
the
person
on
probation
17
upon
such
terms
and
conditions
as
the
court
may
impose.
If
18
the
person
is
not
sentenced
to
confinement
under
the
custody
19
of
the
director
of
the
department
of
corrections,
the
terms
20
and
conditions
of
probation
shall
require
submission
to
random
21
drug
testing.
If
the
person
fails
a
drug
test,
the
court
may
22
transfer
the
person’s
placement
to
any
appropriate
placement
23
permissible
under
the
court
order.
24
d.
If
the
controlled
substance
is
amphetamine,
its
salts,
25
isomers,
or
salts
of
its
isomers,
or
methamphetamine,
its
26
salts,
isomers,
or
salts
of
its
isomers,
the
court
shall
order
27
the
person
to
serve
a
term
of
imprisonment
of
not
less
than
28
forty-eight
hours.
Any
sentence
imposed
may
be
suspended,
29
and
the
court
shall
place
the
person
on
probation
upon
such
30
terms
and
conditions
as
the
court
may
impose.
The
court
may
31
place
the
person
on
intensive
probation.
However,
the
terms
32
and
conditions
of
probation
shall
require
submission
to
random
33
drug
testing.
If
the
person
fails
a
drug
test,
the
court
may
34
transfer
the
person’s
placement
to
any
appropriate
placement
35
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permissible
under
the
court
order.
1
EXPLANATION
2
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
3
the
explanation’s
substance
by
the
members
of
the
general
assembly.
4
This
bill
relates
to
the
possession
of
marijuana.
5
The
bill
provides
that
a
person
who
possesses
five
grams
6
or
less
of
marijuana
commits
a
simple
misdemeanor
for
a
first
7
offense.
A
simple
misdemeanor
is
punishable
by
confinement
for
8
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
more
9
than
$855.
10
Current
law
provides
that
a
person
who
commits
first
offense
11
possession
of
marijuana
is
subject
to
no
more
than
six
months
12
imprisonment
in
a
county
jail,
a
fine
of
no
more
than
$1,000,
13
or
both.
14
The
bill
does
not
modify
the
penalty
for
second
offense
15
possession
of
marijuana
which
is
punishable
by
a
fine
of
at
16
least
$430
but
not
to
exceed
$2,560.
In
addition,
the
court
17
may
also
order
imprisonment
not
to
exceed
one
year.
The
bill
18
also
does
not
modify
the
penalty
for
a
third
or
subsequent
19
possession
of
marijuana
offense
which
is
punishable
by
20
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
21
$855
but
not
more
than
$8,540.
22
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