Text: SF00396 Text: SF00398 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 3, Code 1995, is 1 2 amended to read as follows: 1 3 3. a. It is unlawful for any person knowingly or 1 4 intentionally to possess a controlled substance unless such 1 5 substance was obtained directly from, or pursuant to, a valid 1 6 prescription or order of a practitioner while acting in the 1 7 course of the practitioner's professional practice, or except 1 8 as otherwise authorized by this chapter. Any person who 1 9 violates this subsection is guilty ofa seriousan aggravated 1 10 misdemeanor for the first offense, and a class "D" felony for 1 11 the second and each subsequent offense if the second or 1 12 subsequent offense occurs within six years of the previous 1 13 offense.If the controlled substance is marijuana, the1 14punishment shall be by imprisonment in the county jail for not1 15more than six months or by a fine of not more than one1 16thousand dollars, or by both such fine and imprisonment. All1 17or any part of a sentence imposed pursuant to this section may1 18be suspended and the person placed upon probation upon such1 19terms and conditions as the court may impose including the1 20active participation by such person in a drug treatment,1 21rehabilitation or education program approved by the court.1 22 b. Any person who possesses marijuana is guilty of a 1 23 serious misdemeanor for the first offense, and is guilty of an 1 24 aggravated misdemeanor for the second and each subsequent 1 25 offense if the second or subsequent offense occurs within six 1 26 years of the previous offense. 1 27 c. A person eighteen or older is guilty of an aggravated 1 28 misdemeanor if the person knowingly or intentionally possesses 1 29 any controlled substance in violation of this section in the 1 30 presence of a minor. 1 31 Sec. 2. EFFECTIVE DATE. This Act shall not take effect 1 32 unless an appropriation is enacted or the state's share of the 1 33 cost is specified in accordance with section 25B.2, subsection 1 34 3. 1 35 EXPLANATION 2 1 This bill provides that a person who unlawfully possesses a 2 2 controlled substance other than marijuana commits an 2 3 aggravated misdemeanor for the first offense and a class "D" 2 4 felony for each subsequent offense if the subsequent offense 2 5 is committed within six years of the previous offense. The 2 6 bill eliminates the six-month jail term and $1,000 fine for 2 7 possession of marijuana and makes possession of marijuana a 2 8 serious misdemeanor for the first offense and an aggravated 2 9 misdemeanor for each subsequent offense if the subsequent 2 10 offense is committed within six years of the previous offense. 2 11 The bill also makes it an aggravated misdemeanor for an adult 2 12 to unlawfully possess a controlled substance in the presence 2 13 of a minor. 2 14 The bill may contain a state mandate under chapter 25B and 2 15 will not take effect unless an appropriation fully funding the 2 16 cost to political subdivisions of complying with the bill or 2 17 specifying the state's share of the cost of complying with the 2 18 bill is enacted. 2 19 LSB 1705SV 76 2 20 mk/sc/14
Text: SF00396 Text: SF00398 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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