Text: HSB00557 Text: HSB00559 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 5, unnumbered 1 2 paragraph 1, Code Supplement 1999, is amended to read as 1 3 follows: 1 4 It is unlawful for any person knowingly or intentionally to 1 5 possess a controlled substance unless such substance was 1 6 obtained directly from, or pursuant to, a valid prescription 1 7 or order of a practitioner while acting in the course of the 1 8 practitioner's professional practice, or except as otherwise 1 9 authorized by this chapter. Any person who violates this 1 10 subsection is guilty of a serious misdemeanor for a first 1 11 offense. A person who commits a violation of this subsection 1 12 and who has previously been convicted of violating this 1 13subsectionchapter or chapter 124A, 124B, or 453B is guilty of 1 14 an aggravated misdemeanor. A person who commits a violation 1 15 of this subsection and has previously been convicted two or 1 16 more times of violating thissubsectionchapter or chapter 1 17 124A, 124B, or 453B is guilty of a class "D" felony. 1 18 EXPLANATION 1 19 This bill amends Code section 124.401, subsection 5, which 1 20 relates to the unlawful possession of a controlled substance. 1 21 The bill provides that a person who has a prior conviction 1 22 for any drug-related offense under Code chapter 124, 124A, 1 23 124B, or 453B, who then commits the offense of possession of a 1 24 controlled substance under Code section 124.401, subsection 5, 1 25 is guilty of an aggravated misdemeanor. The bill further 1 26 provides that a person who has been convicted of two or more 1 27 drug-related offenses who then commits the offense of 1 28 possession of a controlled substance, is guilty of a class "D" 1 29 felony. Under existing law, a person who has a prior 1 30 conviction of possession of a controlled substance under Code 1 31 section 124.401, subsection 5, who then commits another 1 32 possession offense, is guilty of an aggravated misdemeanor, 1 33 and a person who has two or more prior convictions of 1 34 possession, who then commits another possession offense, is 1 35 guilty of a class "D" felony. 2 1 An aggravated misdemeanor is punishable by confinement for 2 2 no more than two years and a fine of at least $500 but not 2 3 more than $5,000. A class "D" felony is punishable by 2 4 confinement for no more than five years and a fine of at least 2 5 $750 but not more than $7,500. 2 6 LSB 5136HC 78 2 7 jm/cf/24
Text: HSB00557 Text: HSB00559 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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