Senate File 2180 - Introduced SENATE FILE 2180 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 432) (SUCCESSOR TO SF 280) A BILL FOR An Act relating to the possession of marijuana, and providing 1 a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1586SZ (2) 87 jm/rj
S.F. 2180 Section 1. Section 124.401, subsection 5, Code 2018, 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 otherwise provided in subparagraph (4), 19 if the controlled substance is marijuana, the punishment shall 20 be by imprisonment in the county jail for not more than six 21 months or by a fine of not more than one thousand dollars, or by 22 both such 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 marijuana and is five 33 grams or less and subparagraphs (2) and (3) do not apply, the 34 person is guilty of a simple misdemeanor. 35 -1- LSB 1586SZ (2) 87 jm/rj 1/ 3
S.F. 2180 b. All or any part of a sentence imposed pursuant to 1 this subsection may be suspended and the person placed upon 2 probation upon such terms and conditions as the court may 3 impose including the active participation by such person in a 4 drug treatment, rehabilitation or education program approved 5 by the court. 6 c. If a person commits a violation of this subsection , the 7 court shall order the person to serve a term of imprisonment of 8 not less than forty-eight hours. Any sentence imposed may be 9 suspended, and the court shall place the person on probation 10 upon such terms and conditions as the court may impose. If 11 the person is not sentenced to confinement under the custody 12 of the director of the department of corrections, the terms 13 and conditions of probation shall require submission to random 14 drug testing. If the person fails a drug test, the court may 15 transfer the person’s placement to any appropriate placement 16 permissible under the court order. 17 d. If the controlled substance is amphetamine, its salts, 18 isomers, or salts of its isomers, or methamphetamine, its 19 salts, isomers, or salts of its isomers, the court shall order 20 the person to serve a term of imprisonment of not less than 21 forty-eight hours. Any sentence imposed may be suspended, 22 and the court shall place the person on probation upon such 23 terms and conditions as the court may impose. The court may 24 place the person on intensive probation. However, the terms 25 and conditions of probation shall require submission to random 26 drug testing. If the person fails a drug test, the court may 27 transfer the person’s placement to any appropriate placement 28 permissible under the court order. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill relates to the possession of marijuana. 33 The bill provides that a person who possesses five grams 34 or less of marijuana commits a simple misdemeanor for a first 35 -2- LSB 1586SZ (2) 87 jm/rj 2/ 3
S.F. 2180 offense. A simple misdemeanor is punishable by confinement for 1 no more than 30 days or a fine of at least $65 but not more than 2 $625 or by both. 3 Current law provides that a person who commits first 4 offense possession of marijuana commits a serious misdemeanor 5 punishable by confinement for not more than six months or by 6 a fine of not more than $1,000 or by both. The bill does not 7 modify the penalty for second offense possession of marijuana 8 which is punishable by confinement for no more than one year 9 and a fine of at least $315 but not more than $1,875. The bill 10 also does not modify the penalty for a third or subsequent 11 possession of marijuana offense which is punishable by 12 confinement for no more than two years and a fine of at least 13 $625 but not more than $6,250. 14 -3- LSB 1586SZ (2) 87 jm/rj 3/ 3