HF 2313 (LSB 5610YH (6) 85)

HOUSE FILE 2313

BY  HUNTER

A BILL FOR

An Act relating to the possession and distribution of marijuana, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraph a, subparagraph (6), Code 2014, is amended by striking the subparagraph.
    Sec. 2.  Section 124.401, subsection 1, paragraph b, subparagraph (6), Code 2014, is amended by striking the subparagraph.
    Sec. 3.  Section 124.401, subsection 1, paragraph c, subparagraph (5), Code 2014, is amended by striking the subparagraph.
    Sec. 4.  Section 124.401, subsection 1, paragraph d, Code 2014, is amended to read as follows:
   d.  Violation of this subsection, with respect to any other controlled substances, counterfeit substances, or simulated controlled substances classified in section 124.204, subsection 4, paragraph “ai”, or section 124.204, subsection 6, paragraph “i”, or classified in schedule IV or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class “D” felony.  A person who manufactures or delivers marijuana, counterfeit marijuana, or simulated marijuana, or acts with, enters into a common scheme or design with, or conspires with one or more other persons to manufacture or deliver marijuana, counterfeit marijuana, or simulated marijuana shall be punished as provided in section 124.401G.
    Sec. 5.  Section 124.401, subsection 5, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   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 possesses marijuana shall be punished as provided in section 124.401G. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124A, 124B, or 453B 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 124A, 124B, or 453B is guilty of a class “D” felony.
    Sec. 6.  Section 124.401, subsection 5, unnumbered paragraph 2, Code 2014, is amended by striking the unnumbered paragraph.
    Sec. 7.  NEW SECTION.  124.401G  Marijuana.
   1.  It is unlawful for any person to knowingly or intentionally possess or possess with the intent to manufacture or deliver marijuana. Notwithstanding any other law to the contrary, the penalties for possession of or possession with the intent to manufacture or deliver marijuana shall be as follows:
   a.  A violation of this subsection involving more than one thousand kilograms of marijuana or a mixture or substance containing a detectable amount of marijuana is a class “B” felony, and notwithstanding section 902.9, subsection 1, paragraph “b”, shall be punished by confinement for no more than fifty years and a fine of not more than one million dollars.
   b.  A violation of this subsection involving more than one hundred kilograms but not more than one thousand kilograms of marijuana is a class “B” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “b”, shall be punished by a fine of not less than five thousand dollars nor more than one hundred thousand dollars.
   c.  A violation of this subsection involving more than fifty kilograms but not more than one hundred kilograms of marijuana is a class “C” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “d”, shall be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars.
   d.  A violation involving more than one kilogram but not more than fifty kilograms of marijuana is a class “D” felony.
   e.  A violation of this subsection involving at least forty-two and one-half grams but not more than one kilogram of marijuana is a simple misdemeanor.
   f.  (1)  A violation of this subsection involving less than forty-two and one-half grams of marijuana is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “m”.
   (2)  If the violation under this paragraph “f” is within one thousand feet of the real property comprising a public or private elementary or secondary school, the violation is a simple misdemeanor.
   2.  It is unlawful for any person to manufacture or deliver marijuana, counterfeit marijuana, or simulated marijuana, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture or deliver marijuana, counterfeit marijuana, or simulated marijuana. Notwithstanding any other law to the contrary, the penalties for a violation of this subsection shall be as follows:
   a.  A violation of this subsection involving more than one thousand kilograms of marijuana or a mixture or substance containing a detectable amount of marijuana is a class “B” felony, and notwithstanding section 902.9, subsection 1, paragraph “b”, shall be punished by confinement for no more than fifty years and a fine of not more than one million dollars.
   b.  A violation of this subsection involving more than one hundred kilograms but not more than one thousand kilograms of marijuana is a class “B” felony and in addition to the provisions of section 902.9, subsection 1, paragraph “b”, shall be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars.
   c.  A violation of this subsection involving more than fifty kilograms but not more than one hundred kilograms of marijuana is a class “C” felony, and in addition to the provisions of section 902.9, subsection 1, paragraph “d”, shall be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars.
   d.  A violation involving more than one kilogram but not more than fifty kilograms of marijuana is a class “D” felony.
   e.  A violation of this subsection involving at least forty-two and one-half grams but not more than one kilogram of marijuana is a serious misdemeanor.
   f.  (1)  A violation of this subsection involving less than forty-two and one-half grams but more than twenty-eight and one-half grams of marijuana is a serious misdemeanor.
   (2)  If the violation under this paragraph “f” involves a delivery without compensation, the violation is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “n”, subparagraph (1).
   g.  (1)  A violation of this subsection involving twenty-eight and one-half grams or less of marijuana is a simple misdemeanor.
   (2)  If the violation under this paragraph “g” involves a delivery without compensation, the violation is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “n”, subparagraph (2).
    Sec. 8.  Section 124.407, unnumbered paragraph 3, Code 2014, is amended by striking the unnumbered paragraph.
    Sec. 9.  Section 124.413, subsection 2, Code 2014, is amended by striking the subsection.
    Sec. 10.  Section 805.8A, subsection 14, Code 2014, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  m.  Marijuana possession violations. For violations under section 124.401G, subsection 1, paragraph “f”, subparagraph (1), the scheduled fine is three hundred dollars.
   NEW PARAGRAPH.  n.  Marijuana manufacture or delivery violations.
   (1)  For violations under section 124.401G, subsection 2, paragraph “f”, subparagraph (2), the scheduled fine is five hundred dollars.
   (2)  For violations under section 124.401G, subsection 2, paragraph “g”, subparagraph (2), the scheduled fine is three hundred dollars.
    Sec. 11.  REPEAL.  Section 124.410, Code 2014, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal penalties for marijuana.
   The bill strikes certain criminal penalties for manufacturing, delivering, possessing, or possessing with the intent to manufacture or deliver, marijuana, counterfeit marijuana, or simulated marijuana, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver marijuana, counterfeit marijuana, or simulated marijuana.
   The bill also repeals the accommodation offense in Code section 124.410 relating to the delivery of marijuana.
   The bill does not change the criminal penalties relating to marijuana if the violation involves any of the following: a violation involving more than 1,000 kilograms remains a class “B” felony, punishable by confinement for no more than 50 years; a violation involving more than 100 kilograms but not more than 1,000 kilograms remains a class “B” felony, punishable by no more than 25 years of confinement; a violation involving more than 50 kilograms but not more than 100 kilograms remains a class “C” felony; and a violation involving more than one kilogram but not more than 50 kilograms remains a class “D” felony.
   The bill specifies new criminal penalties for marijuana violations involving less than one kilogram of marijuana. 
   Under the bill, it is unlawful for any person to knowingly or intentionally possess or possess with the intent to manufacture or deliver marijuana, and if a person violates this provision the person commits the following: if the violation involves at least 42.5 grams but not more than one kilogram the violation is a simple misdemeanor; if the violation involves less than 42.5 grams the violation is a simple misdemeanor punishable with a scheduled fine of $300, but if the violation is near a school the penalty is a simple misdemeanor not a scheduled violation. 
   Under the bill, it is unlawful for any person to manufacture or deliver marijuana, counterfeit marijuana, or simulated marijuana, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture or deliver marijuana, counterfeit marijuana, or simulated marijuana, and if a person violates this provision the person commits the following: if the violation involves at least 42.5 grams but not more than one kilogram the violation is an aggravated misdemeanor; if the violation involves less than 42.5 grams but more than 28.5 grams the violation is a serious misdemeanor, but if the violation does not involve compensation the violation becomes a simple misdemeanor punishable as a scheduled fine in the amount of $500; if the violation involves 28.5 grams or less the violation is a simple misdemeanor, but if the violation does not involve compensation the violation becomes a simple misdemeanor punishable as a scheduled fine in the amount of $300.