Senate File 589 S-3102 Amend Senate File 589 as follows: 1 1. Page 18, after line 21 by inserting: 2 < DIVISION ___ 3 CONTROLLED SUBSTANCES 4 Sec. ___. Section 124.401, subsection 5, Code 2019, is 5 amended to read as follows: 6 5. It is unlawful for any person knowingly or intentionally 7 to possess a controlled substance unless such substance was 8 obtained directly from, or pursuant to, a valid prescription 9 or order of a practitioner while acting in the course of the 10 practitioner’s professional practice, or except as otherwise 11 authorized by this chapter . Any Except as otherwise provided 12 in this subsection, any person who violates this subsection 13 is guilty of a serious misdemeanor for a first offense. A 14 person who commits a violation of this subsection and who has 15 previously been convicted of violating this chapter or chapter 16 124B or 453B , or chapter 124A as it existed prior to July 1, 17 2017, is guilty of an aggravated misdemeanor. A person who 18 commits a violation of this subsection and has previously 19 been convicted two or more times of violating this chapter or 20 chapter 124B or 453B , or chapter 124A as it existed prior to 21 July 1, 2017, is guilty of a class “D” felony. 22 a. (1) If Except as otherwise provided in subparagraph (4), 23 if the controlled substance is marijuana, the punishment shall 24 be by imprisonment in the county jail for not more than six 25 months or by a fine of not more than one thousand dollars, or by 26 both such fine and imprisonment for a first offense. 27 (2) If the controlled substance is marijuana and the person 28 has been previously convicted of a violation of this subsection 29 in which the controlled substance was marijuana, the punishment 30 shall be as provided in section 903.1, subsection 1 , paragraph 31 “b” . 32 (3) If the controlled substance is marijuana and the person 33 has been previously convicted two or more times of a violation 34 of this subsection in which the controlled substance was 35 -1- SF589.1302 (4) 88 as/rh 1/ 3 #1.

marijuana, the person is guilty of an aggravated misdemeanor. 1 (4) If the controlled substance is marijuana and is five 2 grams or less and subparagraphs (2) and (3) do not apply, the 3 person is guilty of a simple misdemeanor. 4 b. A person may knowingly or intentionally recommend, 5 possess, use, dispense, deliver, transport, or administer 6 cannabidiol if the recommendation, possession, use, dispensing, 7 delivery, transporting, or administering is in accordance 8 with the provisions of chapter 124E . For purposes of this 9 paragraph, “cannabidiol” means the same as defined in section 10 124E.2 . 11 c. All or any part of a sentence imposed pursuant to 12 this subsection may be suspended and the person placed upon 13 probation upon such terms and conditions as the court may 14 impose including the active participation by such person in a 15 drug treatment, rehabilitation or education program approved 16 by the court. 17 d. If a person commits a violation of this subsection , the 18 court shall order the person to serve a term of imprisonment of 19 not less than forty-eight hours. Any sentence imposed may be 20 suspended, and the court shall place the person on probation 21 upon such terms and conditions as the court may impose. If 22 the person is not sentenced to confinement under the custody 23 of the director of the department of corrections, the terms 24 and conditions of probation shall require submission to random 25 drug testing. If the person fails a drug test, the court may 26 transfer the person’s placement to any appropriate placement 27 permissible under the court order. 28 e. If the controlled substance is amphetamine, its salts, 29 isomers, or salts of its isomers, or methamphetamine, its 30 salts, isomers, or salts of its isomers, the court shall order 31 the person to serve a term of imprisonment of not less than 32 forty-eight hours. Any sentence imposed may be suspended, 33 and the court shall place the person on probation upon such 34 terms and conditions as the court may impose. The court may 35 -2- SF589.1302 (4) 88 as/rh 2/ 3

place the person on intensive probation. However, the terms 1 and conditions of probation shall require submission to random 2 drug testing. If the person fails a drug test, the court may 3 transfer the person’s placement to any appropriate placement 4 permissible under the court order. > 5 2. By renumbering as necessary. 6 ______________________________ TONY BISIGNANO -3- SF589.1302 (4) 88 as/rh 3/ 3 #2.