H.F. 60 Section 1. Section 124.401, subsection 1, paragraph 1 a, subparagraph (6), Code 2015, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 124.401, subsection 1, paragraph b, 4 subparagraph (6), Code 2015, is amended by striking the 5 subparagraph. 6 Sec. 3. Section 124.401, subsection 1, paragraph c, 7 subparagraph (5), Code 2015, is amended by striking the 8 subparagraph. 9 Sec. 4. Section 124.401, subsection 1, paragraph d, Code 10 2015, is amended to read as follows: 11 d. Violation of this subsection , with respect to any other 12 controlled substances, counterfeit substances, or simulated 13 controlled substances classified in section 124.204, subsection 14 4, paragraph “ai” , or section 124.204, subsection 6 , paragraph 15 “i” , or classified in schedule IV or V is an aggravated 16 misdemeanor. However, violation of this subsection involving 17 fifty kilograms or less of marijuana or involving flunitrazepam 18 is a class “D” felony. A person who manufactures or delivers 19 marijuana, counterfeit marijuana, or simulated marijuana, 20 or acts with, enters into a common scheme or design with, 21 or conspires with one or more other persons to manufacture 22 or deliver marijuana, counterfeit marijuana, or simulated 23 marijuana shall be punished as provided in section 124.401G. 24 Sec. 5. Section 124.401, subsection 5, unnumbered paragraph 25 1, Code 2015, is amended to read as follows: 26 It is unlawful for any person knowingly or intentionally 27 to possess a controlled substance unless such substance was 28 obtained directly from, or pursuant to, a valid prescription 29 or order of a practitioner while acting in the course of the 30 practitioner’s professional practice, or except as otherwise 31 authorized by this chapter . Any person who violates this 32 subsection is guilty of a serious misdemeanor for a first 33 offense. A person who possesses marijuana shall be punished as 34 provided in section 124.401G. A person who commits a violation 35 -1- LSB 1230YH (2) 86 jm/nh 1/ 6

H.F. 60 of this subsection and who has previously been convicted of 1 violating this chapter or chapter 124A , 124B , or 453B is guilty 2 of an aggravated misdemeanor. A person who commits a violation 3 of this subsection and has previously been convicted two or 4 more times of violating this chapter or chapter 124A , 124B , or 5 453B is guilty of a class “D” felony. 6 Sec. 6. Section 124.401, subsection 5, unnumbered paragraph 7 2, Code 2015, is amended by striking the unnumbered paragraph. 8 Sec. 7. NEW SECTION . 124.401G Marijuana. 9 1. It is unlawful for any person to knowingly or 10 intentionally possess or possess with the intent to manufacture 11 or deliver marijuana. Notwithstanding any other law to the 12 contrary, the penalties for possession of or possession with 13 the intent to manufacture or deliver marijuana shall be as 14 follows: 15 a. A violation of this subsection involving more than one 16 thousand kilograms of marijuana or a mixture or substance 17 containing a detectable amount of marijuana is a class “B” 18 felony, and notwithstanding section 902.9, subsection 1, 19 paragraph “b” , shall be punished by confinement for no more than 20 fifty years and a fine of not more than one million dollars. 21 b. A violation of this subsection involving more than one 22 hundred kilograms but not more than one thousand kilograms 23 of marijuana is a class “B” felony, and in addition to the 24 provisions of section 902.9, subsection 1, paragraph “b” , shall 25 be punished by a fine of not less than five thousand dollars 26 nor more than one hundred thousand dollars. 27 c. A violation of this subsection involving more than fifty 28 kilograms but not more than one hundred kilograms of marijuana 29 is a class “C” felony, and in addition to the provisions of 30 section 902.9, subsection 1, paragraph “d” , shall be punished 31 by a fine of not less than one thousand dollars nor more than 32 fifty thousand dollars. 33 d. A violation involving more than one kilogram but not more 34 than fifty kilograms of marijuana is a class “D” felony. 35 -2- LSB 1230YH (2) 86 jm/nh 2/ 6

H.F. 60 e. A violation of this subsection involving at least 1 forty-two and one-half grams but not more than one kilogram of 2 marijuana is a simple misdemeanor. 3 f. (1) A violation of this subsection involving less 4 than forty-two and one-half grams of marijuana is a simple 5 misdemeanor punishable as a scheduled violation under section 6 805.8A, subsection 14, paragraph “m” . 7 (2) If the violation under this paragraph “f” is within 8 one thousand feet of the real property comprising a public or 9 private elementary or secondary school, the violation is a 10 simple misdemeanor. 11 2. It is unlawful for any person to manufacture or deliver 12 marijuana, counterfeit marijuana, or simulated marijuana, 13 or to act with, enter into a common scheme or design with, 14 or conspire with one or more other persons to manufacture 15 or deliver marijuana, counterfeit marijuana, or simulated 16 marijuana. Notwithstanding any other law to the contrary, 17 the penalties for a violation of this subsection shall be as 18 follows: 19 a. A violation of this subsection involving more than one 20 thousand kilograms of marijuana or a mixture or substance 21 containing a detectable amount of marijuana is a class “B” 22 felony, and notwithstanding section 902.9, subsection 1, 23 paragraph “b” , shall be punished by confinement for no more than 24 fifty years and a fine of not more than one million dollars. 25 b. A violation of this subsection involving more than one 26 hundred kilograms but not more than one thousand kilograms 27 of marijuana is a class “B” felony and in addition to the 28 provisions of section 902.9, subsection 1, paragraph “b” , shall 29 be punished by a fine of not less than one thousand dollars nor 30 more than fifty thousand dollars. 31 c. A violation of this subsection involving more than fifty 32 kilograms but not more than one hundred kilograms of marijuana 33 is a class “C” felony, and in addition to the provisions of 34 section 902.9, subsection 1, paragraph “d” , shall be punished 35 -3- LSB 1230YH (2) 86 jm/nh 3/ 6

H.F. 60 by a fine of not less than one thousand dollars nor more than 1 fifty thousand dollars. 2 d. A violation involving more than one kilogram but not more 3 than fifty kilograms of marijuana is a class “D” felony. 4 e. A violation of this subsection involving at least 5 forty-two and one-half grams but not more than one kilogram of 6 marijuana is a serious misdemeanor. 7 f. (1) A violation of this subsection involving less than 8 forty-two and one-half grams but more than twenty-eight and 9 one-half grams of marijuana is a serious misdemeanor. 10 (2) If the violation under this paragraph “f” involves 11 a delivery without compensation, the violation is a simple 12 misdemeanor punishable as a scheduled violation under section 13 805.8A, subsection 14, paragraph “n” , subparagraph (1). 14 g. (1) A violation of this subsection involving 15 twenty-eight and one-half grams or less of marijuana is a 16 simple misdemeanor. 17 (2) If the violation under this paragraph “g” involves 18 a delivery without compensation, the violation is a simple 19 misdemeanor punishable as a scheduled violation under section 20 805.8A, subsection 14, paragraph “n” , subparagraph (2). 21 Sec. 8. Section 124.407, unnumbered paragraph 3, Code 2015, 22 is amended by striking the unnumbered paragraph. 23 Sec. 9. Section 124.413, subsection 2, Code 2015, is amended 24 by striking the subsection. 25 Sec. 10. Section 805.8A, subsection 14, Code 2015, is 26 amended by adding the following new paragraphs: 27 NEW PARAGRAPH . m. Marijuana possession violations. For 28 violations under section 124.401G, subsection 1, paragraph “f” , 29 subparagraph (1), the scheduled fine is three hundred dollars. 30 NEW PARAGRAPH . n. Marijuana manufacture or delivery 31 violations. 32 (1) For violations under section 124.401G, subsection 2, 33 paragraph “f” , subparagraph (2), the scheduled fine is five 34 hundred dollars. 35 -4- LSB 1230YH (2) 86 jm/nh 4/ 6

H.F. 60 (2) For violations under section 124.401G, subsection 2, 1 paragraph “g” , subparagraph (2), the scheduled fine is three 2 hundred dollars. 3 Sec. 11. REPEAL. Section 124.410, Code 2015, is repealed. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to the criminal penalties for marijuana. 8 The bill strikes certain criminal penalties for 9 manufacturing, delivering, possessing, or possessing with 10 the intent to manufacture or deliver, marijuana, counterfeit 11 marijuana, or simulated marijuana, or to act with, enter 12 into a common scheme or design with, or conspire with one or 13 more other persons to manufacture, deliver, or possess with 14 the intent to manufacture or deliver marijuana, counterfeit 15 marijuana, or simulated marijuana. 16 The bill also repeals the accommodation offense in Code 17 section 124.410 relating to the delivery of marijuana. 18 The bill does not change the criminal penalties relating 19 to marijuana if the violation involves any of the following: 20 a violation involving more than 1,000 kilograms remains a 21 class “B” felony, punishable by confinement for no more than 22 50 years; a violation involving more than 100 kilograms but 23 not more than 1,000 kilograms remains a class “B” felony, 24 punishable by no more than 25 years of confinement; a violation 25 involving more than 50 kilograms but not more than 100 26 kilograms remains a class “C” felony; and a violation involving 27 more than one kilogram but not more than 50 kilograms remains a 28 class “D” felony. 29 The bill specifies new criminal penalties for marijuana 30 violations involving less than one kilogram of marijuana. 31 Under the bill, it is unlawful for any person to knowingly or 32 intentionally possess or possess with the intent to manufacture 33 or deliver marijuana, and if a person violates this provision 34 the person commits the following: if the violation involves at 35 -5- LSB 1230YH (2) 86 jm/nh 5/ 6

H.F. 60 least 42.5 grams but not more than one kilogram the violation 1 is a simple misdemeanor; if the violation involves less than 2 42.5 grams the violation is a simple misdemeanor punishable 3 with a scheduled fine of $300, but if the violation is near 4 a school the penalty is a simple misdemeanor not a scheduled 5 violation. 6 Under the bill, it is unlawful for any person to manufacture 7 or deliver marijuana, counterfeit marijuana, or simulated 8 marijuana, or to act with, enter into a common scheme or design 9 with, or conspire with one or more other persons to manufacture 10 or deliver marijuana, counterfeit marijuana, or simulated 11 marijuana, and if a person violates this provision the person 12 commits the following: if the violation involves at least 13 42.5 grams but not more than one kilogram the violation is an 14 aggravated misdemeanor; if the violation involves less than 15 42.5 grams but more than 28.5 grams the violation is a serious 16 misdemeanor, but if the violation does not involve compensation 17 the violation becomes a simple misdemeanor punishable as a 18 scheduled fine in the amount of $500; if the violation involves 19 28.5 grams or less the violation is a simple misdemeanor, but 20 if the violation does not involve compensation the violation 21 becomes a simple misdemeanor punishable as a scheduled fine in 22 the amount of $300. 23 -6- LSB 1230YH (2) 86 jm/nh 6/ 6