House File 200 - Introduced HOUSE FILE 200 BY HUNTER , BROWN-POWERS , MASCHER , OLSON , BENNETT , T. TAYLOR , and ABDUL-SAMAD 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 TLSB 1800YH (3) 87 jm/nh
H.F. 200 Section 1. Section 124.401, subsection 1, paragraph d, Code 1 2017, 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 -1- LSB 1800YH (3) 87 jm/nh 1/ 4
H.F. 200 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 2017, 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 31 punished as provided in section 124.401G. 32 Sec. 4. Section 602.8105, subsection 4, Code 2017, is 33 amended to read as follows: 34 4. The clerk of the district court shall collect a civil 35 -2- LSB 1800YH (3) 87 jm/nh 2/ 4
H.F. 200 penalty assessed against a retailer person pursuant to section 1 124.401G or against a retailer pursuant to section 126.23B . Any 2 moneys collected from the civil penalty shall be distributed to 3 the city or county that brought the enforcement action for a 4 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 -3- LSB 1800YH (3) 87 jm/nh 3/ 4
H.F. 200 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 -4- LSB 1800YH (3) 87 jm/nh 4/ 4