House File 183 - Introduced HOUSE FILE 183 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 4) A BILL FOR An Act relating to the control of marijuana, including an 1 effective date provision, and providing a penalty. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1254HV (4) 84 jm/nh

H.F. 183 Section 1. Section 124.204, subsection 4, paragraph m, Code 1 2011, is amended to read as follows: 2 m. Marijuana , except as otherwise provided by rules of the 3 board for medicinal purposes . 4 Sec. 2. Section 124.204, subsection 4, paragraph u, 5 unnumbered paragraph 1, Code 2011, is amended to read as 6 follows: 7 Tetrahydrocannabinols, except as otherwise provided 8 by rules of the board for medicinal purposes, meaning 9 tetrahydrocannabinols naturally contained in a plant of 10 the genus Cannabis (Cannabis plant) as well as synthetic 11 equivalents of the substances contained in the Cannabis plant, 12 or in the resinous extractives of such plant, and synthetic 13 substances, derivatives, and their isomers with similar 14 chemical structure and pharmacological activity to those 15 substances contained in the plant, such as the following: 16 Sec. 3. Section 124.204, subsection 7, Code 2011, is amended 17 by striking the subsection. 18 Sec. 4. Section 124.206, subsection 7, Code 2011, is amended 19 to read as follows: 20 7. Hallucinogenic substances. Unless specifically excepted 21 or unless listed in another schedule, any material, compound, 22 mixture, or preparation which contains any quantity of the 23 following substances: 24 a. Marijuana when used for medicinal purposes pursuant to 25 rules of the board. 26 b. Nabilone nabilone [another name for nabilone: 27 (+-) - trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a- 28 hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. 29 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 30 immediate importance, takes effect upon enactment. 31 EXPLANATION 32 This bill relates to the control of marijuana. 33 Under the bill, all types of marijuana and 34 tetrahydrocannabinols are classified as schedule I controlled 35 -1- LSB 1254HV (4) 84 jm/nh 1/ 3

H.F. 183 substances. The bill eliminates a provision classifying 1 marijuana used for medicinal purposes, pursuant to rules of the 2 board of pharmacy, as a schedule II controlled substance. 3 The bill strikes references to the authority of the board 4 to establish rules relating to the medicinal use of marijuana 5 including tetrahydrocannabinols naturally contained in a 6 cannabis plant. 7 A schedule I controlled substance is a highly addictive 8 substance that has no accepted medical use in the United States 9 and a schedule II controlled substance is a highly addictive 10 substance that has an accepted medical use in the United 11 States. 12 The penalties for possessing, manufacturing, delivering, 13 or possessing with intent to deliver marijuana, including 14 tetrahydrocannabinols, range from a six-month serious 15 misdemeanor to a 50-year class “B” felony depending on the 16 amount of marijuana or tetrahydrocannabinols involved in the 17 offense. 18 A first marijuana possession offense is classified as a 19 serious misdemeanor but is punishable by confinement for no 20 more than six months and a fine of no more than $1,000. A 21 second marijuana possession offense is punishable in the same 22 manner as other serious misdemeanor offenses. 23 A serious misdemeanor is punishable by confinement for no 24 more than one year and a fine of at least $315 but not more than 25 $1,875. An aggravated misdemeanor is punishable by confinement 26 for no more than two years and a fine of at least $625 but 27 not more than $6,250. A class “D” felony is punishable by 28 confinement for no more than five years and a fine of at 29 least $750 but not more than $7,500. A class “C” felony is 30 punishable by confinement for no more than 10 years and a fine 31 of at least $1,000 but not more than $10,000. A class “B” 32 felony is normally punishable by confinement for no more than 33 25 years. A 50-year class “B” felony, sometimes referred to as 34 a “super B” felony, is punishable by confinement for no more 35 -2- LSB 1254HV (4) 84 jm/nh 2/ 3

H.F. 183 than 50 years. 1 The bill takes effect upon enactment. 2 -3- LSB 1254HV (4) 84 jm/nh 3/ 3