H.F. 2067 Section 1. Section 124.401, subsection 5, Code 2018, is 1 amended to read as follows: 2 5. a. (1) It is unlawful for any person knowingly or 3 intentionally to possess a controlled substance unless such 4 substance was obtained directly from, or pursuant to, a valid 5 prescription or order of a practitioner while acting in the 6 course of the practitioner’s professional practice, or except 7 as otherwise authorized by this chapter . Any person who 8 violates this subsection is guilty of a serious misdemeanor 9 for a first offense. A person who commits a violation of 10 this subsection and who has previously been convicted of 11 violating this chapter or chapter 124B or 453B , or chapter 12 124A as it existed prior to July 1, 2017, is guilty of an 13 aggravated misdemeanor. A person who commits a violation of 14 this subsection and has previously been convicted two or more 15 times of violating this chapter or chapter 124B or 453B , or 16 chapter 124A as it existed prior to July 1, 2017, is guilty of a 17 class “D” felony. 18 (2) A violation of paragraph “b” shall not be considered a 19 previous conviction for purposes of enhancing a penalty under 20 this paragraph. 21 b. If the controlled substance is marijuana, the punishment 22 shall be by imprisonment in the county jail for not more than 23 six months or by a fine of not more than one thousand dollars, 24 or by both such fine and imprisonment for a first offense. If 25 the controlled substance is marijuana and the person has been 26 previously convicted of a violation of this subsection in which 27 the controlled substance was marijuana, the punishment shall be 28 as provided in section 903.1, subsection 1 , paragraph “b” . If 29 the controlled substance is marijuana and the person has been 30 previously convicted two or more times of a violation of this 31 subsection in which the controlled substance was marijuana, the 32 person is guilty of an aggravated misdemeanor offense shall 33 be classified as a simple misdemeanor punishable by up to the 34 maximum fine amount provided in section 903.1, subsection 35 -1- LSB 5245YH (4) 87 jm/rh 1/ 4

H.F. 2067 1, paragraph “a” , but shall not be punishable by a term of 1 imprisonment . 2 c. All or any part of a sentence imposed pursuant to 3 this subsection may be suspended and the person placed upon 4 probation upon such terms and conditions as the court may 5 impose including the active participation by such person in a 6 drug treatment, rehabilitation or education program approved 7 by the court. 8 d. If a person commits a violation of this subsection , 9 except for a violation of this subsection in which the 10 controlled substance is marijuana, the court shall order 11 the person to serve a term of imprisonment of not less than 12 forty-eight hours. Any sentence imposed may be suspended, and 13 the court shall place the person on probation upon such terms 14 and conditions as the court may impose. If the person is not 15 sentenced to confinement under the custody of the director of 16 the department of corrections, the terms and conditions of 17 probation shall require submission to random drug testing. 18 If the person fails a drug test, the court may transfer the 19 person’s placement to any appropriate placement permissible 20 under the court order. 21 e. If the controlled substance is amphetamine, its salts, 22 isomers, or salts of its isomers, or methamphetamine, its 23 salts, isomers, or salts of its isomers, the court shall order 24 the person to serve a term of imprisonment of not less than 25 forty-eight hours. Any sentence imposed may be suspended, 26 and the court shall place the person on probation upon such 27 terms and conditions as the court may impose. The court may 28 place the person on intensive probation. However, the terms 29 and conditions of probation shall require submission to random 30 drug testing. If the person fails a drug test, the court may 31 transfer the person’s placement to any appropriate placement 32 permissible under the court order. 33 Sec. 2. Section 124.410, Code 2018, is amended to read as 34 follows: 35 -2- LSB 5245YH (4) 87 jm/rh 2/ 4

H.F. 2067 124.410 Accommodation offense. 1 In a prosecution for unlawful delivery or possession with 2 intent to deliver marijuana, if the prosecution proves that 3 the defendant violated the provisions of section 124.401, 4 subsection 1 , by proving that the defendant delivered or 5 possessed with intent to deliver one-half ounce forty-two and 6 one-half grams or less of marijuana which was not offered for 7 sale, the defendant is guilty of an accommodation offense and 8 rather than being sentenced as if convicted for a violation 9 of section 124.401, subsection 1 , paragraph “d” , shall be 10 sentenced as if convicted of a violation of section 124.401, 11 subsection 5 , paragraph “a” . An accommodation offense may be 12 proved as an included offense under a charge of delivering or 13 possessing with the intent to deliver marijuana in violation 14 of section 124.401, subsection 1 . This section does not apply 15 to hashish, hashish oil, or other derivatives of marijuana as 16 defined in section 124.101, subsection 20 . 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the possession, delivery, or possession 21 with intent to deliver marijuana. 22 The bill modifies the penalty for the possession of 23 marijuana. Under the bill, if a person is convicted of 24 possession of marijuana, the person commits a simple 25 misdemeanor punishable by a fine of at least $65 but not 26 more than $625, but shall not be punishable by a term of 27 imprisonment. The bill also strikes provisions enhancing 28 penalties for multiple convictions for the possession of 29 marijuana. 30 Currently, if a person commits first offense possession 31 of marijuana, the offense is punishable by imprisonment in 32 the county jail for not more than six months or by a fine 33 of not more than $1,000, or by both. If a person commits a 34 second offense possession of marijuana under current law, the 35 -3- LSB 5245YH (4) 87 jm/rh 3/ 4

H.F. 2067 person commits a serious misdemeanor, and a third or subsequent 1 offense is punishable as an aggravated misdemeanor. 2 The bill does not modify the penalty revoking a person’s 3 driver’s license for 180 days if the person is sentenced for 4 possession of marijuana. 5 The bill also modifies the criminal offense of accommodation 6 which relates to the unlawful delivery or possession with 7 intent to deliver marijuana. Under the bill, a person who 8 unlawfully delivers or possesses with the intent to deliver 9 42.5 grams or less of marijuana which was not offered for 10 sale is guilty of an accommodation offense and the offense 11 shall be punishable as a serious misdemeanor rather than a 12 class “C” felony. Currently, a person is not eligible for 13 an accommodation offense if the offense involves more than 14 one-half ounce (14.17 grams) of marijuana. 15 A simple misdemeanor is punishable by confinement for no 16 more than 30 days or a fine of at least $65 but not more than 17 $625 or by both. A serious misdemeanor is punishable by 18 confinement for no more than one year and a fine of at least 19 $315 but not more than $1,875. An aggravated misdemeanor is 20 punishable by confinement for no more than two years and a fine 21 of at least $625 but not more than $6,250. 22 -4- LSB 5245YH (4) 87 jm/rh 4/ 4