H-1072

   Amend House File 536 as follows:
   1.  Page 1, before line 1 by inserting: 
   <Section 1.  Section 124.401, subsection 5, paragraph a, Code 2023, is amended to read as follows:
   a.  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of a class “D” felony.  For purposes of this paragraph, a conviction for violating section 124.414 shall not be considered a previous conviction for violating this chapter.
   Sec. ___.  Section 124.411, subsection 3, Code 2023, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  An offense under section 124.414.>
   2.  Page 2, line 1, by striking <limit,> and inserting <limit if on a highway that is not part of a municipal street system, and which speed shall be less than the posted speed limit if on a part of a municipal street system,>
   3.  Page 4, by striking lines 1 through 3 and inserting: 
   <NEW SUBSECTION.  3A.  Drug paraphernalia violations.
   a.  For a first violation of section 124.414, the scheduled fine is two hundred sixty dollars.
   b.  For a second or subsequent violation of section 124.414, the scheduled fine is five hundred twenty dollars.>
   4.  By renumbering as necessary.

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DIEKEN of O’Brien