House File 165

                                       HOUSE FILE       
                                       BY  EICHHORN


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to possessing a product or receiving a precursor
  2    substance to be used in the unlawful manufacture of a
  3    controlled substance.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1916YH 80
  6 jm/sh/8

PAG LIN

  1  1    Section 1.  Section 124.401, subsection 4, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    A person who possesses any product containing any of the
  1  4 following commits a class "D" felony, if the person possesses
  1  5 with the intent to use the product that the product be used to
  1  6 manufacture any controlled substance:
  1  7    Sec. 2.  Section 124B.9, subsection 2, Code 2003, is
  1  8 amended to read as follows:
  1  9    2.  A person who receives a precursor substance with the
  1 10 intent to use the that the substance be used unlawfully to
  1 11 manufacture a controlled substance commits a class "C" felony.
  1 12                           EXPLANATION
  1 13    This bill relates to possessing a product or receiving a
  1 14 precursor substance to be used in the unlawful manufacture of
  1 15 a controlled substance.
  1 16    The bill changes the definition of the criminal offense of
  1 17 possessing a product for use in the unlawful manufacture of a
  1 18 controlled substance.  The bill provides that it is unlawful
  1 19 for a person to possess any product listed in Code section
  1 20 124.401(4) with the intent the product be used to unlawfully
  1 21 manufacture a controlled substance.  Current law provides that
  1 22 it is unlawful to possess any product listed in Code section
  1 23 124.401(4) with the intent to use the product to unlawfully
  1 24 manufacture a controlled substance.  A person who unlawfully
  1 25 possesses such product commits a class "D" felony.
  1 26    The bill changes the definition of the criminal offense of
  1 27 receiving a precursor substance with the intent to unlawfully
  1 28 manufacture a controlled substance.  The bill provides that it
  1 29 is unlawful for a person to receive a precursor substance
  1 30 listed in Code section 124B.2 with the intent the substance be
  1 31 used to unlawfully manufacture a controlled substance.
  1 32 Current law provides that it is unlawful to receive a
  1 33 precursor substance with the intent to use the substance
  1 34 unlawfully to manufacture a controlled substance.  A person
  1 35 who unlawfully receives a precursor substance commits a class
  2  1 "C" felony.
  2  2 LSB 1916YH 80
  2  3 jm/sh/8