HF 2067 (LSB 5245YH (4) 87)

HOUSE FILE 2067

BY  WOLFE

A BILL FOR

An Act relating to the possession, delivery, or possession with intent to deliver marijuana, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 5, Code 2018, is amended to read as follows:
   5.  a.  (1)  It is unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this chapter. Any person who violates this subsection is guilty of a serious misdemeanor for a first offense. A person who commits a violation of this subsection and who has previously been convicted of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of an aggravated misdemeanor. A person who commits a violation of this subsection and has previously been convicted two or more times of violating this chapter or chapter 124B or 453B, or chapter 124A as it existed prior to July 1, 2017, is guilty of a class “D” felony.
   (2)  A violation of paragraph “b” shall not be considered a previous conviction for purposes of enhancing a penalty under this paragraph.
   b.  If the controlled substance is marijuana, the punishment shall be by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars, or by both such fine and imprisonment for a first offense. If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 903.1, subsection 1, paragraph “b”. If the controlled substance is marijuana and the person has been previously convicted two or more times of a violation of this subsection in which the controlled substance was marijuana, the person is guilty of an aggravated misdemeanor offense shall be classified as a simple misdemeanor punishable by up to the maximum fine amount provided in section 903.1, subsection 1, paragraph “a”, but shall not be punishable by a term of imprisonment.
   c.  All or any part of a sentence imposed pursuant to this subsection may be suspended and the person placed upon probation upon such terms and conditions as the court may impose including the active participation by such person in a drug treatment, rehabilitation or education program approved by the court.
   d.  If a person commits a violation of this subsection, except for a violation of this subsection in which the controlled substance is marijuana, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. If the person is not sentenced to confinement under the custody of the director of the department of corrections, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
   e.  If the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. The court may place the person on intensive probation. However, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
    Sec. 2.  Section 124.410, Code 2018, is amended to read as follows:
   124.410  Accommodation offense.
   In a prosecution for unlawful delivery or possession with intent to deliver marijuana, if the prosecution proves that the defendant violated the provisions of section 124.401, subsection 1, by proving that the defendant delivered or possessed with intent to deliver one-half ounce forty-two and one-half grams or less of marijuana which was not offered for sale, the defendant is guilty of an accommodation offense and rather than being sentenced as if convicted for a violation of section 124.401, subsection 1, paragraph “d”, shall be sentenced as if convicted of a violation of section 124.401, subsection 5, paragraph “a”. An accommodation offense may be proved as an included offense under a charge of delivering or possessing with the intent to deliver marijuana in violation of section 124.401, subsection 1. This section does not apply to hashish, hashish oil, or other derivatives of marijuana as defined in section 124.101, subsection 20.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the possession, delivery, or possession with intent to deliver marijuana.
   The bill modifies the penalty for the possession of marijuana. Under the bill, if a person is convicted of possession of marijuana, the person commits a simple misdemeanor punishable by a fine of at least $65 but not more than $625, but shall not be punishable by a term of imprisonment. The bill also strikes provisions enhancing penalties for multiple convictions for the possession of marijuana.
   Currently, if a person commits first offense possession of marijuana, the offense is punishable by imprisonment in the county jail for not more than six months or by a fine of not more than $1,000, or by both. If a person commits a second offense possession of marijuana under current law, the person commits a serious misdemeanor, and a third or subsequent offense is punishable as an aggravated misdemeanor.
   The bill does not modify the penalty revoking a person’s driver’s license for 180 days if the person is sentenced for possession of marijuana.
   The bill also modifies the criminal offense of accommodation which relates to the unlawful delivery or possession with intent to deliver marijuana. Under the bill, a person who unlawfully delivers or possesses with the intent to deliver 42.5 grams or less of marijuana which was not offered for sale is guilty of an accommodation offense and the offense shall be punishable as a serious misdemeanor rather than a class “C” felony. Currently, a person is not eligible for an accommodation offense if the offense involves more than one-half ounce (14.17 grams) of marijuana.
   A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250.