House
File
453
-
Introduced
HOUSE
FILE
453
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
the
possession,
manufacture,
or
delivery
1
of
marijuana
and
the
possession
of
drug
paraphernalia,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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453
Section
1.
Section
124.401,
subsection
1,
paragraph
d,
Code
1
2015,
is
amended
to
read
as
follows:
2
d.
Violation
of
this
subsection
,
with
respect
to
any
other
3
controlled
substances,
counterfeit
substances,
or
simulated
4
controlled
substances
classified
in
section
124.204,
subsection
5
4,
paragraph
“ai”
,
or
section
124.204,
subsection
6
,
paragraph
6
“i”
,
or
classified
in
schedule
IV
or
V
is
an
aggravated
7
misdemeanor.
However,
violation
of
this
subsection
involving
8
fifty
kilograms
or
less
at
least
forty-two
and
one-half
grams
9
but
not
more
than
fifty
kilograms
of
marijuana
or
involving
10
flunitrazepam
is
a
class
“D”
felony.
A
violation
of
this
11
subsection
involving
less
than
forty-two
and
one-half
grams
12
of
marijuana
shall
be
prosecuted
and
punished
as
provided
in
13
section
124.401G
if
the
marijuana
was
not
offered
for
sale,
14
otherwise
the
violation
is
a
class
“D”
felony.
15
Sec.
2.
NEW
SECTION
.
124.401G
Small
amount
of
marijuana
——
16
drug
paraphernalia
——
reasonable
suspicion
——
civil
penalty.
17
1.
A
person
who
commits
a
violation
of
section
124.401,
18
subsection
1,
involving
less
than
forty-two
and
one-half
grams
19
of
marijuana
that
was
not
offered
for
sale
shall
be
assessed
a
20
civil
penalty
in
the
amount
of
twenty-five
dollars.
21
2.
A
person
who
commits
a
violation
of
section
124.414,
22
if
the
drug
paraphernalia
was
not
offered
for
sale
shall
be
23
assessed
a
civil
penalty
in
the
amount
of
twenty-five
dollars.
24
3.
This
section
shall
not
be
construed
to
allow
any
of
the
25
following:
26
a.
The
sale
of
marijuana
or
drug
paraphernalia.
27
b.
The
use
of
marijuana
or
the
display
of
drug
paraphernalia
28
in
a
public
place.
29
c.
The
possession,
manufacture,
or
delivery
of
marijuana
or
30
drug
paraphernalia
in
the
workplace.
31
d.
An
employer’s
regulation
of
marijuana
use
by
an
employee.
32
e.
Operating
a
motor
vehicle,
motorboat,
or
sailboat
while
33
under
the
influence
of
marijuana.
34
f.
Prohibiting
any
person,
business,
organization,
or
35
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other
entity,
or
a
governmental
agency
that
occupies,
owns,
1
or
controls
any
real
property,
from
prohibiting
or
regulating
2
the
possession,
manufacture,
or
delivery
of
marijuana
on
such
3
property.
4
4.
A
peace
officer
shall
confiscate
all
visible
marijuana
5
or
drug
paraphernalia
associated
with
a
violation
punishable
6
pursuant
to
this
section.
7
5.
The
existence
of
any
of
the
following
circumstances
8
shall
not
constitute
reasonable
suspicion
of
a
crime
either
9
individually
or
in
combination
with
each
other,
unless
the
10
peace
officer
is
investigating
a
person
for
suspicion
of
11
operating
a
motor
vehicle,
motorboat,
or
sailboat
while
under
12
the
influence
of
marijuana:
13
a.
The
odor
of
marijuana.
14
b.
The
possession
of,
or
the
suspicion
of
the
possession
of,
15
marijuana,
without
evidence
that
the
quantity
of
marijuana
is
16
equal
to
or
greater
than
forty-two
and
one-half
grams.
17
c.
The
possession
of
multiple
containers
of
marijuana
18
without
evidence
that
the
quantity
of
marijuana
is
equal
to
or
19
greater
than
forty-two
and
one-half
grams.
20
d.
The
possession
of
marijuana
in
proximity
to
any
amount
of
21
cash
without
evidence
that
the
quantity
of
marijuana
is
equal
22
to
or
greater
than
forty-two
and
one-half
grams.
23
6.
A
civil
penalty
assessed
pursuant
to
this
section
shall
24
be
collected
by
the
clerk
of
the
district
court
and
shall
be
25
distributed
as
provided
in
section
602.8105,
subsection
4.
26
Sec.
3.
Section
124.414,
subsection
3,
Code
2015,
is
amended
27
to
read
as
follows:
28
3.
A
person
who
violates
this
section
commits
a
simple
29
misdemeanor.
However,
if
the
drug
paraphernalia
was
not
30
offered
for
sale
the
violation
shall
be
prosecuted
and
punished
31
as
provided
in
section
124.401G.
32
Sec.
4.
Section
602.8105,
subsection
4,
Code
2015,
is
33
amended
to
read
as
follows:
34
4.
The
clerk
of
the
district
court
shall
collect
a
civil
35
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penalty
assessed
against
a
retailer
person
pursuant
to
1
section
124.401G
or
against
a
retailer
pursuant
to
section
2
126.23B
.
Any
moneys
collected
from
the
civil
penalty
shall
be
3
distributed
to
the
city
or
county
that
brought
the
enforcement
4
action
for
a
violation
of
section
124.401G
or
126.23A
.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
possession,
manufacture,
or
9
delivery
of
marijuana,
the
possession
of
drug
paraphernalia,
10
and
provides
penalties.
11
The
bill
provides
that
a
person
who
violates
Code
section
12
124.401(1)
involving
less
than
42.5
grams
of
marijuana
that
was
13
not
offered
for
sale
shall
be
assessed
a
civil
penalty
in
the
14
amount
of
$25.
Current
law
specifies
that
the
person
commits
15
anywhere
from
a
serious
misdemeanor
to
a
class
“D”
felony
16
depending
on
the
circumstances
of
the
case.
17
The
bill
provides
that
a
person
who
violates
Code
section
18
124.414
involving
drug
paraphernalia
that
was
not
offered
for
19
sale
shall
be
assessed
a
civil
penalty
in
the
amount
of
$25.
20
Current
law
provides
that
a
violation
of
Code
section
124.414
21
is
a
simple
misdemeanor.
22
The
bill
shall
not
be
construed
to
allow
any
of
the
23
following:
the
sale
of
marijuana
or
drug
paraphernalia;
the
24
use
of
marijuana
or
the
display
of
drug
paraphernalia
in
a
25
public
place;
the
possession,
manufacture,
or
delivery
of
26
marijuana
or
drug
paraphernalia
in
the
workplace;
an
employer’s
27
regulation
of
marijuana
use
by
an
employee;
the
operation
28
of
a
motor
vehicle,
motorboat,
or
sailboat
while
under
the
29
influence
of
marijuana;
or
prohibiting
any
person,
business,
30
organization,
or
a
governmental
agency
that
occupies,
owns,
31
or
controls
any
real
property,
from
prohibiting
or
regulating
32
marijuana
on
such
property.
33
The
bill
specifies
that
the
existence
of
any
of
the
following
34
circumstances
shall
not
constitute
reasonable
suspicion
35
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453
of
a
crime
either
individually
or
in
combination
with
each
1
other,
unless
the
peace
officer
is
investigating
a
person
for
2
suspicion
of
operating
a
motor
vehicle,
motorboat,
or
sailboat
3
while
under
the
influence
of
marijuana:
the
odor
of
marijuana;
4
the
possession
of,
or
the
suspicion
of
the
possession
of,
5
marijuana,
without
evidence
that
the
quantity
of
marijuana
is
6
equal
to
or
greater
than
42.5
grams;
the
possession
of
multiple
7
containers
of
marijuana
without
evidence
that
the
quantity
8
of
marijuana
is
equal
to
or
greater
than
42.5
grams;
and
the
9
possession
of
marijuana
in
proximity
to
any
amount
of
cash
10
without
evidence
that
the
quantity
of
marijuana
is
equal
to
or
11
greater
than
42.5
grams.
12
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