House File 536 H-1072 Amend House File 536 as follows: 1 1. Page 1, before line 1 by inserting: 2 < Section 1. Section 124.401, subsection 5, paragraph a, 3 Code 2023, is amended to read as follows: 4 a. It is unlawful for any person knowingly or intentionally 5 to possess a controlled substance unless such substance was 6 obtained directly from, or pursuant to, a valid prescription 7 or order of a practitioner while acting in the course of the 8 practitioner’s professional practice, or except as otherwise 9 authorized by this chapter . Any person who violates this 10 subsection is guilty of a serious misdemeanor for a first 11 offense. A person who commits a violation of this subsection 12 and who has previously been convicted of violating this chapter 13 or chapter 124B or 453B , or chapter 124A as it existed prior to 14 July 1, 2017, is guilty of an aggravated misdemeanor. A person 15 who commits a violation of this subsection and has previously 16 been convicted two or more times of violating this chapter or 17 chapter 124B or 453B , or chapter 124A as it existed prior to 18 July 1, 2017, is guilty of a class “D” felony. For purposes 19 of this paragraph, a conviction for violating section 124.414 20 shall not be considered a previous conviction for violating 21 this chapter. 22 Sec. ___. Section 124.411, subsection 3, Code 2023, is 23 amended by adding the following new paragraph: 24 NEW PARAGRAPH . c. An offense under section 124.414. > 25 2. Page 2, line 1, by striking < limit, > and inserting < limit 26 if on a highway that is not part of a municipal street system , 27 and which speed shall be less than the posted speed limit if on 28 a part of a municipal street system, > 29 3. Page 4, by striking lines 1 through 3 and inserting: 30 < NEW SUBSECTION . 3A. Drug paraphernalia violations. 31 a. For a first violation of section 124.414, the scheduled 32 fine is two hundred sixty dollars. 33 b. For a second or subsequent violation of section 124.414, 34 the scheduled fine is five hundred twenty dollars. > 35 -1- HF 536.957 (4) 90 th/ns 1/ 2 #1. #2. #3.