S.F. _____ Section 1. Section 124.204, subsection 4, paragraphs m and 1 u, Code 2015, are amended by striking the paragraphs. 2 Sec. 2. Section 124.204, subsection 7, Code 2015, is amended 3 by striking the subsection. 4 Sec. 3. Section 124.206, subsection 7, Code 2015, is amended 5 to read as follows: 6 7. Hallucinogenic substances. Unless specifically excepted 7 or unless listed in another schedule, any material, compound, 8 mixture, or preparation which contains any quantity of the 9 following substances , or, for purposes of paragraphs “a” and 10 “b” , which contains any of its salts, isomers, or salts of 11 isomers whenever the existence of such salts, isomers, or salts 12 of isomers is possible within the specific chemical designation 13 (for purposes of this paragraph only, the term “isomer” includes 14 the optical, positional, and geometric isomers) : 15 a. Marijuana when used for medicinal purposes pursuant to 16 rules of the board . 17 b. Tetrahydrocannabinols, meaning tetrahydrocannabinols 18 naturally contained in a plant of the genus Cannabis (Cannabis 19 plant) as well as synthetic equivalents of the substances 20 contained in the Cannabis plant, or in the resinous extractives 21 of such plant, and synthetic substances, derivatives, and their 22 isomers with similar chemical structure and pharmacological 23 activity to those substances contained in the plant, such as 24 the following: 25 (1) 1 cis or trans tetrahydrocannabinol, and their optical 26 isomers. 27 (2) 6 cis or trans tetrahydrocannabinol, and their optical 28 isomers. 29 (3) 3,4 cis or trans tetrahydrocannabinol, and their 30 optical isomers. (Since nomenclature of these substances 31 is not internationally standardized, compounds of these 32 structures, regardless of numerical designation of atomic 33 positions covered.) 34 b. c. Nabilone [another name for 35 -1- LSB 1244XC (3) 86 jm/nh 1/ 5

S.F. _____ nabilone: (+-) - 1 trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- 2 hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one]. 3 Sec. 4. Section 124.401, subsection 5, Code 2015, is amended 4 to read as follows: 5 5. It is unlawful for any person knowingly or intentionally 6 to possess a controlled substance unless such substance was 7 obtained directly from, or pursuant to, a valid prescription 8 or order of a practitioner while acting in the course of the 9 practitioner’s professional practice, or except as otherwise 10 authorized by this chapter . Any Except as otherwise provided 11 in this subsection, any person who violates this subsection 12 is guilty of a serious misdemeanor for a first offense. A 13 person who commits a violation of this subsection and who has 14 previously been convicted of violating this chapter or chapter 15 124A , 124B , or 453B is guilty of an aggravated misdemeanor. 16 A person who commits a violation of this subsection and has 17 previously been convicted two or more times of violating this 18 chapter or chapter 124A , 124B , or 453B is guilty of a class “D” 19 felony. 20 a. (1) If Except as provided in subparagraph (4), if the 21 controlled substance is marijuana, the punishment shall be by 22 imprisonment in the county jail for not more than six months or 23 by a fine of not more than one thousand dollars, or by both such 24 fine and imprisonment for a first offense. 25 (2) If the controlled substance is marijuana and the person 26 has been previously convicted of a violation of this subsection 27 in which the controlled substance was marijuana, the punishment 28 shall be as provided in section 903.1, subsection 1 , paragraph 29 “b” . 30 (3) If the controlled substance is marijuana and the person 31 has been previously convicted two or more times of a violation 32 of this subsection in which the controlled substance was 33 marijuana, the person is guilty of an aggravated misdemeanor. 34 (4) If the controlled substance is five grams or less of 35 -2- LSB 1244XC (3) 86 jm/nh 2/ 5

S.F. _____ marijuana and subparagraphs (2) and (3) do not apply, the 1 person is guilty of a simple misdemeanor. 2 (5) A person may knowingly or intentionally recommend, 3 possess, use, dispense, deliver, transport, or administer 4 cannabidiol if the recommendation, possession, use, dispensing, 5 delivery, transporting, or administering is in accordance with 6 the provisions of chapter 124D . For purposes of this paragraph 7 subparagraph , “cannabidiol” means the same as defined in section 8 124D.2 . 9 b. All or any part of a sentence imposed pursuant to 10 this subsection may be suspended and the person placed upon 11 probation upon such terms and conditions as the court may 12 impose including the active participation by such person in a 13 drug treatment, rehabilitation or education program approved 14 by the court. 15 c. If a person commits a violation of this subsection , the 16 court shall order the person to serve a term of imprisonment of 17 not less than forty-eight hours. Any sentence imposed may be 18 suspended, and the court shall place the person on probation 19 upon such terms and conditions as the court may impose. If 20 the person is not sentenced to confinement under the custody 21 of the director of the department of corrections, the terms 22 and conditions of probation shall require submission to random 23 drug testing. If the person fails a drug test, the court may 24 transfer the person’s placement to any appropriate placement 25 permissible under the court order. 26 d. If the controlled substance is amphetamine, its salts, 27 isomers, or salts of its isomers, or methamphetamine, its 28 salts, isomers, or salts of its isomers, the court shall order 29 the person to serve a term of imprisonment of not less than 30 forty-eight hours. Any sentence imposed may be suspended, 31 and the court shall place the person on probation upon such 32 terms and conditions as the court may impose. The court may 33 place the person on intensive probation. However, the terms 34 and conditions of probation shall require submission to random 35 -3- LSB 1244XC (3) 86 jm/nh 3/ 5

S.F. _____ drug testing. If the person fails a drug test, the court may 1 transfer the person’s placement to any appropriate placement 2 permissible under the court order. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the reclassification of marijuana 7 including tetrahydrocannabinols and the possession of 8 marijuana. 9 The bill reclassifies marijuana, including 10 tetrahydrocannabinols, as a schedule II controlled substance 11 instead of a schedule I controlled substance and strikes 12 references to the authority of the board of pharmacy to adopt 13 rules for the use of marijuana or tetrahydrocannabinols for 14 medicinal purposes. 15 A schedule I controlled substance is a highly addictive 16 substance that has no accepted medical use in the United States 17 and a schedule II controlled substance is a highly addictive 18 substance that has an accepted medical use in the United 19 States. The reclassification of marijuana from a schedule I 20 controlled substance to a schedule II controlled substance 21 would allow a physician to issue a prescription for marijuana 22 under state law. However, federal regulations may prohibit 23 such prescriptions. 24 Except for the penalty for a first-offense possession of 25 five grams or less of marijuana, the penalties remain unchanged 26 for violations involving marijuana under the bill. The 27 penalties under Code section 124.401 range from a class “B” 28 felony punishable by up to 50 years of confinement to a serious 29 misdemeanor punishable by up to six months of confinement 30 depending on the amount of marijuana involved in the offense. 31 Under the bill, a person who possesses five grams or less 32 of marijuana commits a simple misdemeanor for a first offense. 33 A simple misdemeanor is punishable by confinement for no more 34 than 30 days or a fine of at least $65 but not more than $625 35 -4- LSB 1244XC (3) 86 jm/nh 4/ 5

S.F. _____ or by both. 1 Current law specifies that a person who commits first 2 offense possession of marijuana commits a serious misdemeanor 3 punishable by confinement for not more than six months or by 4 a fine of not more than $1,000 or by both. The bill does not 5 modify the penalty for second offense possession of marijuana 6 which is punishable by confinement for no more than one year 7 and a fine of at least $315 but not more than $1,875. The bill 8 also does not modify the penalty for a third or subsequent 9 possession of marijuana offense which is punishable by 10 confinement for no more than two years and a fine of at least 11 $625 but not more than $6,250. 12 -5- LSB 1244XC (3) 86 jm/nh 5/ 5