Senate Study Bill 1108 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act relating to the manufacturing, delivery, or possession 1 with the intent to manufacture or deliver marijuana, 2 including its counterfeit or simulated forms. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1590XC (9) 86 jm/nh

S.F. _____ 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 of 12 marijuana is an aggravated misdemeanor. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the manufacturing, delivery, or 17 possession with the intent to manufacture or deliver marijuana, 18 including its counterfeit or simulated forms. 19 Under the bill, a person who manufactures, delivers, or 20 possesses with the intent to manufacture or deliver, marijuana, 21 including its counterfeit or simulated forms, or acts with, 22 enters into a common scheme or design with, or conspires with 23 one or more persons to manufacture, deliver, or possess with 24 the intent to manufacture or deliver marijuana, commits an 25 aggravated misdemeanor if the amount of marijuana is less than 26 42.5 grams. Current law classifies such actions involving 50 27 kilograms or less of marijuana as a class “D” felony. Such 28 actions involving at least 42.5 grams but not more than 50 29 kilograms of marijuana remain a class “D” felony under the 30 bill. 31 An aggravated misdemeanor is punishable by confinement for 32 no more than two years and a fine of at least $625 but not more 33 than $6,250. A class “D” felony is punishable by confinement 34 for no more than five years and a fine of at least $750 but not 35 -1- LSB 1590XC (9) 86 jm/nh 1/ 2

S.F. _____ more than $7,500. 1 -2- LSB 1590XC (9) 86 jm/nh 2/ 2