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House Journal: Page 1096: Tuesday, March 31, 1998

47     Sec. ___.  Section 124.401, subsection 1, paragraph
48   d, Code Supplement 1997, is amended to read as
49   follows:
50     d.  Violation of this subsection, with respect to

Page 7

 1   any other controlled substances, counterfeit
 2   substances, or simulated controlled substances
 3   classified in schedule IV or V is an aggravated
 4   misdemeanor.  However, violation of this subsection
 5   involving fifty kilograms or less of marijuana, is a
 6   class "D" felony, and in addition to the provisions of
 7   section 902.9, subsection 4, shall be punished by a
 8   fine of not less than one thousand dollars nor more
 9   than five seven thousand five hundred dollars.
10     Sec. ___.  Section 124.401, subsection 5, Code
11   Supplement 1997, is amended to read as follows:
12     5.  It is unlawful for any person knowingly or
13   intentionally to possess a controlled substance unless
14   such substance was obtained directly from, or pursuant
15   to, a valid prescription or order of a practitioner
16   while acting in the course of the practitioner's
17   professional practice, or except as otherwise
18   authorized by this chapter.  Any person who violates
19   this subsection is guilty of a serious misdemeanor for
20   a first offense.  A person who commits a violation
of
21   this subsection and who has previously been convicted
22   of violating this subsection is guilty of an
23   aggravated misdemeanor.  A person who commits a
24   violation of this subsection and has previously been
25   convicted two or more times of violating this
26   subsection is guilty of a class "D" felony.
27     PARAGRAPH DIVIDED.  If the controlled substance is
28   marijuana, the punishment shall be by imprisonment in
29   the county jail for not more than six months or by a
30   fine of not more than one thousand dollars, or by both
31   such fine and imprisonment for a first offense.  If
32   the controlled substance is marijuana and the person
33   has been previously convicted of a violation of this
34   subsection in which the controlled substance was
35   marijuana, the punishment shall be as provided in
36   section 903.1, subsection 1, paragraph "b".  If the
37   controlled substance is marijuana and the person has
38   been previously convicted two or more times of a
39   violation of this subsection in which the controlled
40   substance was marijuana, the person is guilty of an
41   aggravated misdemeanor.
42     PARAGRAPH DIVIDED.  All or any part of a sentence
43   imposed pursuant to this section subsection may be
44   suspended and the person placed upon probation upon
45   such terms and conditions as the court may impose
46   including the active participation by such person in a

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