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House Journal: Page 1118: Tuesday, March 31, 1998

H-8811A

 2     1.  Page 19, by striking line 23 and inserting the
 3   following:
 4  	"	 $	    140,576
 5     It is the intent of the general assembly that
 6   $57,000 of the moneys appropriated in this paragraph
 7   shall be used for increased costs associated with
 8   requiring persons to provide additional community
 9   service pursuant to section 300 of this Act."

H-8811B

10     2.  Page 34, by inserting after line 27 the
11   following:
12     "Sec. 300.  Section 124.401, subsection 5, Code
13   Supplement 1997, is amended to read as follows:
14     5.  It is unlawful for any person knowingly or
15   intentionally to possess a controlled substance unless
16   such substance was obtained directly from, or pursuant
17   to, a valid prescription or order of a practitioner
18   while acting in the course of the practitioner's
19   professional practice, or except as otherwise
20   authorized by this chapter.  Any person who violates
21   this subsection is guilty of a serious misdemeanor.
22   If the controlled substance is methamphetamine and the
23   violation is a first offense, the person shall perform
24   not less than forty hours of community service in
25   addition to the punishment prescribed in section 903.1
26   for serious misdemeanors.  If the controlled substance
27   is methamphetamine and the person has previously been
28   convicted of violating this subsection, the person
29   shall perform not less than eighty hours of community
30   service in addition to the punishment prescribed in
31   section 903.1.  If the controlled substance is
32   methamphetamine and the person has previously been
33   convicted two or more times of violating this
34   subsection, the person shall perform not less than
35   three hundred hours of community service in addition
36   to the punishment prescribed in section 903.1.
37     PARAGRAPH DIVIDED.  If the controlled substance is
38   marijuana, the punishment shall be by imprisonment in
39   the county jail for not more than six months or by a
40   fine of not more than one thousand dollars, or by both
41   such fine and imprisonment.  All or any part of a
42   sentence imposed pursuant to this section may be
43   suspended and the person placed upon probation upon
44   such terms and conditions as the court may impose
45   including the active participation by such person in a
46   drug treatment, rehabilitation or education program
47   approved by the court."
48     3.  By renumbering as necessary.

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