SF 219 (LSB 1919XS (5) 87)

SENATE FILE 219

BY  BOLKCOM, McCOY, PETERSEN, BOULTON, TAYLOR, DVORSKY, DOTZLER, KINNEY, JOCHUM, and MATHIS

A BILL FOR

An Act relating to the criminal offense of manufacturing, delivering, selling, or possessing drug paraphernalia by exempting hypodermic needles or syringes delivered, sold, or possessed through an approved needle exchange program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.414, subsection 1, paragraph b, Code 2017, is amended to read as follows:
   b.  “Drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.  “Lawful purpose” includes hypodermic needles or syringes delivered, sold, or possessed through an approved needle exchange program established pursuant to rules adopted by the department of public health. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of manufacturing, delivering, selling, or possessing drug paraphernalia by exempting hypodermic needles or syringes delivered, sold, or possessed through an approved needle exchange program.
   Currently, a person who illegally manufactures, delivers, sells, or possesses drug paraphernalia commits a simple misdemeanor under Code section 124.414. Current law also provides that “drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose. The bill specifies that “lawful purpose” includes hypodermic needles or syringes delivered, sold, or possessed through an approved needle exchange program established pursuant to rules adopted by the department of public health.