HSB 52 (LSB 1308DP (3) 85)

SENATE/HOUSE FILE _____

BY  (PROPOSED GOVERNOR’S OFFICE OF DRUG CONTROL POLICY BILL)

A BILL FOR

An Act relating to the controlled substance of marijuana, providing a penalty, and including an effective date provision.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.204, subsection 4, paragraph m, Code 2013, is amended to read as follows:
   m.  Marijuana, except as otherwise provided by rules of the board for medicinal purposes.
    Sec. 2.  Section 124.204, subsection 4, paragraph u, unnumbered paragraph 1, Code 2013, is amended to read as follows:
   Tetrahydrocannabinols, except as otherwise provided by rules of the board for medicinal purposes, meaning tetrahydrocannabinols naturally contained in a plant of the genus Cannabis (Cannabis plant) as well as synthetic equivalents of the substances contained in the Cannabis plant, or in the resinous extractives of such plant, and synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity to those substances contained in the plant, such as the following:
    Sec. 3.  Section 124.204, subsection 7, Code 2013, is amended by striking the subsection.
    Sec. 4.  Section 124.206, subsection 7, Code 2013, is amended to read as follows:
   7.  Hallucinogenic substances.  Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances:
   a.  Marijuana when used for medicinal purposes pursuant to rules of the board.
   b.  Nabilone
 
nabilone [another name for 

nabilone: (+-) - trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-

hexahydro-1-hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one].
    Sec. 5.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill relates to the control of marijuana.
   Under the bill, all types of marijuana and tetrahydrocannabinols are classified as schedule I controlled substances. The bill eliminates a provision classifying marijuana used for medicinal purposes, pursuant to rules of the board of pharmacy, as a schedule II controlled substance.
   The bill strikes references to the authority of the board to establish rules relating to the medicinal use of marijuana including tetrahydrocannabinols naturally contained in a cannabis plant.
   A schedule I controlled substance is a highly addictive substance that has no accepted medical use in the United States and a schedule II controlled substance is a highly addictive substance that has an accepted medical use in the United States.
   The penalties for possessing, manufacturing, delivering, or possessing with intent to deliver marijuana including tetrahydrocannabinols range from a serious misdemeanor to a 50-year class “B” felony depending on the amount of marijuana or tetrahydrocannabinols involved in the offense.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A class “B” felony is normally punishable by confinement for no more than 25 years. A 50-year class “B” felony or sometimes referred to as a “super B” felony is punishable by confinement for no more than 50 years.
   The bill takes effect upon enactment.