S.F. 266 Section 1. Section 124.401, subsection 5, Code 2017, is 1 amended to read as follows: 2 5. a. (1) It is unlawful for any person knowingly or 3 intentionally to possess a controlled substance unless such 4 substance was obtained directly from, or pursuant to, a valid 5 prescription or order of a practitioner while acting in the 6 course of the practitioner’s professional practice, or except 7 as otherwise authorized by this chapter . Any person who 8 violates this subsection is guilty of a serious misdemeanor 9 for a first offense. A person who commits a violation of this 10 subsection and who has previously been convicted of violating 11 this chapter or chapter 124A , 124B , or 453B is guilty of an 12 aggravated misdemeanor. A person who commits a violation of 13 this subsection and has previously been convicted two or more 14 times of violating this chapter or chapter 124A , 124B , or 453B 15 is guilty of a class “D” felony. 16 If the controlled substance is marijuana, the punishment 17 shall be by imprisonment in the county jail for not more than 18 six months or by a fine of not more than one thousand dollars, 19 or by both such fine and imprisonment for a first offense. If 20 the controlled substance is marijuana and the person has been 21 previously convicted of a violation of this subsection in which 22 the controlled substance was marijuana, the punishment shall be 23 as provided in section 903.1, subsection 1 , paragraph “b” . If 24 the controlled substance is marijuana and the person has been 25 previously convicted two or more times of a violation of this 26 subsection in which the controlled substance was marijuana, the 27 person is guilty of an aggravated misdemeanor. 28 A person may knowingly or intentionally recommend, possess, 29 use, dispense, deliver, transport, or administer cannabidiol 30 if the recommendation, possession, use, dispensing, delivery, 31 transporting, or administering is in accordance with the 32 provisions of chapter 124D . For purposes of this paragraph, 33 “cannabidiol” means the same as defined in section 124D.2 . 34 (2) This subsection does not apply to the possession of 35 -1- LSB 1605XS (12) 87 jm/rj/rh 1/ 9

S.F. 266 marijuana which is punishable pursuant to section 124.401G. 1 b. All or any part of a sentence imposed pursuant to 2 this subsection may be suspended and the person placed upon 3 probation upon such terms and conditions as the court may 4 impose including the active participation by such person in a 5 drug treatment, rehabilitation or education program approved 6 by the court. 7 c. If a person commits a violation of this subsection , the 8 court shall order the person to serve a term of imprisonment of 9 not less than forty-eight hours. Any sentence imposed may be 10 suspended, and the court shall place the person on probation 11 upon such terms and conditions as the court may impose. If 12 the person is not sentenced to confinement under the custody 13 of the director of the department of corrections, the terms 14 and conditions of probation shall require submission to random 15 drug testing. If the person fails a drug test, the court may 16 transfer the person’s placement to any appropriate placement 17 permissible under the court order. 18 d. If the controlled substance is amphetamine, its salts, 19 isomers, or salts of its isomers, or methamphetamine, its 20 salts, isomers, or salts of its isomers, the court shall order 21 the person to serve a term of imprisonment of not less than 22 forty-eight hours. Any sentence imposed may be suspended, 23 and the court shall place the person on probation upon such 24 terms and conditions as the court may impose. The court may 25 place the person on intensive probation. However, the terms 26 and conditions of probation shall require submission to random 27 drug testing. If the person fails a drug test, the court may 28 transfer the person’s placement to any appropriate placement 29 permissible under the court order. 30 Sec. 2. NEW SECTION . 124.401G Possession of marijuana and 31 cannabidiol —— civil penalties —— offenses. 32 1. Definitions. For purposes of this section, “cannabidiol” 33 means the same as defined in section 124D.2. 34 2. Marijuana possession. 35 -2- LSB 1605XS (12) 87 jm/rj/rh 2/ 9

S.F. 266 a. One ounce or less. 1 (1) A person shall not possess marijuana unless 2 such substance was obtained pursuant to a valid written 3 recommendation in accordance with the provisions of chapter 4 124D, or except as otherwise authorized by this chapter. A 5 person who unlawfully possesses one ounce or less of marijuana 6 does not commit a criminal offense but shall be required to pay 7 the following civil penalty: 8 (a) Fifty dollars for a first offense. 9 (b) One hundred dollars for a second offense. 10 (c) Two hundred dollars for a third or subsequent offense. 11 (2) In order to determine the number of previous offenses 12 under subparagraph (1), a previous conviction involving 13 possession of marijuana under section 124.401, subsection 5, 14 Code 2017, or a conviction under paragraph “b” , shall also be 15 counted as a previous offense. 16 (3) The civil penalty shall be collected by the clerk of the 17 district court pursuant to section 602.8105, subsection 5. 18 (4) Any records relating to the civil penalty shall not 19 be displayed for public viewing on the Iowa court information 20 system. The judicial branch shall allow a county attorney 21 viewing access to the Iowa court information for purposes of 22 determining the number of previous offenses under subparagraph 23 (1). 24 (5) Any records relating to the civil penalty shall not 25 be kept in the criminal history data files maintained by the 26 department of public safety. Any records relating to the civil 27 penalty shall not be disseminated to other criminal or juvenile 28 justice agencies. 29 b. More than one ounce. 30 (1) For all other unlawful possession of marijuana offenses 31 that involve more than one ounce of marijuana, the following 32 apply: 33 (a) For a first offense, the punishment shall be by 34 imprisonment in the county jail for not more than six months or 35 -3- LSB 1605XS (12) 87 jm/rj/rh 3/ 9

S.F. 266 by a fine of not more than one thousand dollars, or by both such 1 fine and imprisonment. 2 (b) For a second offense, the punishment shall be as 3 provided in section 903.1, subsection 1, paragraph “b” . 4 (c) For a third or subsequent offense, violation of this 5 subsection in which the controlled substance was marijuana, the 6 person is guilty of an aggravated misdemeanor. 7 (2) In order to determine the number of previous offenses 8 under subparagraph (1), a previous conviction involving 9 marijuana or cannabidiol under section 124.401, Code 2017, or 10 a conviction under this paragraph, shall also be counted as a 11 previous offense. 12 3. Cannabidiol. A person may knowingly or intentionally 13 recommend the use of, possess, use, dispense, deliver, 14 transport, or administer cannabidiol if the recommendation, 15 possession, use, dispensing, delivery, transporting, or 16 administering is in accordance with the provisions of chapter 17 124D. 18 4. Juvenile violations. A violation of this section 19 committed by a person under eighteen years of age shall be 20 adjudicated as a delinquent act exclusively in juvenile court 21 pursuant to chapter 232. 22 Sec. 3. Section 124.407, unnumbered paragraph 3, Code 2017, 23 is amended by striking the unnumbered paragraph. 24 Sec. 4. Section 124.410, Code 2017, is amended to read as 25 follows: 26 124.410 Accommodation offense. 27 In a prosecution for unlawful delivery or possession with 28 intent to deliver marijuana, if the prosecution proves that 29 the defendant violated the provisions of section 124.401, 30 subsection 1 , by proving that the defendant delivered or 31 possessed with intent to deliver one-half ounce or less of 32 marijuana which was not offered for sale, the defendant is 33 guilty of an accommodation offense and rather than being 34 sentenced as if convicted for a violation of section 124.401, 35 -4- LSB 1605XS (12) 87 jm/rj/rh 4/ 9

S.F. 266 subsection 1 , paragraph “d” , shall be sentenced as if convicted 1 of a violation of section 124.401, subsection 5 124.401G, 2 subsection 2, paragraph “b” . An accommodation offense may be 3 proved as an included offense under a charge of delivering or 4 possessing with the intent to deliver marijuana in violation 5 of section 124.401, subsection 1 . This section does not apply 6 to hashish, hashish oil, or other derivatives of marijuana as 7 defined in section 124.101, subsection 19 . 8 Sec. 5. Section 232.2, subsection 12, Code 2017, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . d. The violation of section 124.401G which 11 is committed by a child. 12 Sec. 6. Section 232.19, subsection 3, Code 2017, is amended 13 to read as follows: 14 3. Notwithstanding any other provision of this chapter , 15 a child shall not be placed in detention as a result of a 16 violation by that child of section 123.47 or 124.401G . 17 Sec. 7. NEW SECTION . 602.1306 Drug court —— revolving fund. 18 1. A drug court revolving fund is created in the state 19 treasury under the control of the judicial branch. The 20 fund shall consist of moneys deposited into the fund from 21 civil penalties assessed pursuant to section 124.401G and 22 appropriations made to the fund. Moneys in the fund shall 23 be used by the judicial branch to establish, administer, and 24 maintain drug courts throughout the state. 25 2. Notwithstanding section 8.33, unencumbered and 26 unobligated receipts in the revolving fund at the end of a 27 fiscal year do not revert to the general fund of the state. 28 Notwithstanding section 12C.7, subsection 2, interest or 29 earnings on moneys deposited in the fund shall be credited to 30 the fund. 31 3. The judicial branch shall on or before each February 1 32 file a financial accounting of the moneys in the revolving fund 33 with the legislative services agency. The accounting shall 34 include an estimate of disbursements from the revolving fund 35 -5- LSB 1605XS (12) 87 jm/rj/rh 5/ 9

S.F. 266 for the remainder of the fiscal year and for the next fiscal 1 year. 2 Sec. 8. Section 602.8105, Code 2017, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 5. The clerk of the district court shall 5 collect a civil penalty assessed pursuant to section 124.401G. 6 Any moneys collected from the civil penalty shall be deposited 7 into the drug court revolving fund created in section 602.1306. 8 Sec. 9. Section 809A.4, Code 2017, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 8. Except items described in subsections 11 2 through 6 are not subject to forfeiture for a violation of 12 section 124.401G, subsection 2, paragraph “a” . 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to marijuana and cannabidiol by modifying 17 penalties and creating a drug court revolving fund. 18 The bill strikes provisions relating to the possession 19 of marijuana in Code section 124.401(5) and creates new 20 Code section 124.401G relating to marijuana possession. The 21 bill also strikes a provision relating to the lawful use of 22 cannabidiol in Code section 124.401(5), and moves the provision 23 to new Code section 124.401G. Cannabidiol is a derivative 24 of marijuana and is punished as if one possessed or used the 25 controlled substance of marijuana, except that prosecutions 26 related to cannabidiol are limited under Code chapter 124D 27 (medical cannabidiol Act). 28 ACCOMMODATION OFFENSE. The bill makes a conforming change 29 to Code section 124.410, but does not change the criminal 30 penalties for an accommodation offense. 31 JUVENILE POSSESSION. The bill punishes a juvenile who 32 possesses marijuana differently than a person 18 years of 33 age or older who possesses marijuana. The bill modifies 34 the definition of “delinquent act” to include possession of 35 -6- LSB 1605XS (12) 87 jm/rj/rh 6/ 9

S.F. 266 marijuana and specifies that a juvenile who possesses marijuana 1 commits a delinquent act to be adjudicated exclusively in 2 juvenile court. However, the bill provides that a juvenile 3 who possesses marijuana shall not be held in detention. 4 Code section 232.2(15) defines “detention” to mean the 5 temporary care of a child in a physically restricting facility 6 designed to ensure the continued custody of the child at any 7 point between the child’s initial contact with the juvenile 8 authorities and the final disposition of the child’s case. 9 POSSESSION OF MARIJUANA —— CIVIL PENALTIES —— OFFENSES. 10 The bill creates a new civil penalty for the possession of 11 one ounce or less of marijuana. Under the bill, a person who 12 unlawfully possesses one ounce or less of marijuana does not 13 commit a criminal offense but shall be subject to the following 14 civil penalty: $50 for a first offense, $100 for a second 15 offense, and $200 for a third or subsequent offense. 16 The bill specifies that a previous conviction involving 17 possession of marijuana under current Code section 124.401(5) 18 or possession of more than one ounce of marijuana in violation 19 of the bill shall also be counted as a previous offense. 20 The bill provides that any records relating to the civil 21 penalty shall not be displayed for public viewing on the Iowa 22 court information system. However, the bill does specify 23 that the judicial branch shall allow a county attorney 24 viewing access to the Iowa court information for purposes of 25 determining the number of previous marijuana offenses the 26 person has had in order to determine the amount of the civil 27 penalty to be assessed. 28 The bill provides that any records relating to the civil 29 penalty shall not be kept in the criminal history data files 30 maintained by the department of public safety. The bill 31 further states any records relating to the civil penalty shall 32 not be disseminated to other criminal or juvenile justice 33 agencies. 34 The bill does not change the criminal penalties related to 35 -7- LSB 1605XS (12) 87 jm/rj/rh 7/ 9

S.F. 266 the possession of more than one ounce of marijuana. Under 1 current law and the bill, a person who unlawfully possesses 2 more than one ounce of marijuana commits the following: for 3 a first offense, the punishment shall be by imprisonment in 4 the county jail for not more than six months or by a fine of 5 not more than $1,000, or by both such fine and imprisonment; 6 for a second offense, the punishment shall be imprisonment 7 not to exceed one year and a fine of at least $315 but not 8 more than $1,875; and for a third or subsequent offense, the 9 person commits an aggravated misdemeanor which is punishable by 10 confinement for no more than two years and a fine of at least 11 $625 but not more than $6,250. 12 However, the bill does change the penalties related to 13 the driving privileges of a person convicted of possession 14 of marijuana. Currently, the driver’s license of a person 15 convicted of possession of marijuana is revoked for 180 days at 16 sentencing. By moving the possession penalties for marijuana 17 to new Code section 124.401G under the bill, the driver’s 18 license of a person convicted of possession of marijuana is no 19 longer revoked pursuant to Code section 901.5(10). 20 CANNABIDIOL. The bill does not change the cannabidiol 21 provision moved from Code section 124.104(5) to new Code 22 section 124.401G. Under current law and the bill, a person 23 may knowingly or intentionally recommend, possess, use, 24 dispense, deliver, transport, or administer cannabidiol if 25 the recommendation, possession, use, dispensing, delivery, 26 transporting, or administering is in accordance with the 27 provisions of Code chapter 124D (medical cannabidiol Act). The 28 bill does not extend the repeal of Code chapter 124D beyond 29 July 1, 2017. 30 GATHERINGS WHERE MARIJUANA IS USED. The bill strikes a 31 provision in Code section 124.407 that makes it unlawful for 32 any person to sponsor, promote, or aid, or assist in the 33 sponsoring or promoting of a gathering of people with the 34 knowledge or intent that marijuana will be distributed, used, 35 -8- LSB 1605XS (12) 87 jm/rj/rh 8/ 9

S.F. 266 or possessed at such a gathering. A person who violates this 1 provision under current law commits a serious misdemeanor. 2 DRUG COURT REVOLVING FUND. The bill creates a drug court 3 revolving fund in the state treasury under the control of the 4 judicial branch. The fund shall consist of moneys deposited 5 into the fund from civil penalties assessed for offenses 6 involving one ounce or less of marijuana, and appropriations 7 made to the fund. The bill requires that moneys in the fund 8 be used by the judicial branch to establish, administer, and 9 maintain drug courts throughout the state. 10 The bill provides that unencumbered and unobligated receipts 11 in the drug court revolving fund at the end of a fiscal year 12 do not revert to the general fund of the state. The bill also 13 provides that interest or earnings on moneys deposited in the 14 drug court revolving fund shall be credited to the fund. 15 The bill also requires the judicial branch to file, on or 16 before February 1 of each year, a financial accounting of the 17 moneys in the drug court revolving fund with the legislative 18 services agency. 19 FORFEITURE. The bill provides that a person who violates the 20 bill by possessing 1 ounce or less of marijuana (civil penalty) 21 shall not be subject to forfeiture of certain property pursuant 22 to Code section 809A.4, except that the marijuana shall be 23 seized and forfeited. 24 -9- LSB 1605XS (12) 87 jm/rj/rh 9/ 9