H.F. _____ 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) If the controlled substance is marijuana, the 19 punishment shall be by imprisonment in the county jail for 20 not more than six months or by a fine of not more than one 21 thousand dollars, or by both such fine and imprisonment for a 22 first offense. If the controlled substance is marijuana and 23 the person has been previously convicted of a violation of this 24 subsection in which the controlled substance was marijuana, the 25 punishment shall be as provided in section 903.1, subsection 26 1 , paragraph “b” . If the controlled substance is marijuana 27 and the person has been previously convicted two or more times 28 of a violation of this subsection in which the controlled 29 substance was marijuana, the person is guilty of an aggravated 30 misdemeanor. 31 (3) Convictions or the equivalent of deferred judgments for 32 violations in any other states under statutes substantially 33 corresponding to this paragraph “a” shall be counted as previous 34 offenses. The courts shall judicially notice the statutes of 35 -1- LSB 6160YC (2) 87 jm/rh 1/ 3

H.F. _____ other states which define offenses substantially equivalent to 1 the offenses defined in this paragraph “a” and can therefore 2 be considered corresponding statutes. Each previous violation 3 on which conviction or deferral of judgment was entered prior 4 to the date of the violation charged shall be considered and 5 counted as a separate previous offense. 6 c. All or any part of a sentence imposed pursuant to 7 this subsection may be suspended and the person placed upon 8 probation upon such terms and conditions as the court may 9 impose including the active participation by such person in a 10 drug treatment, rehabilitation or education program approved 11 by the court. 12 d. If a person commits a violation of this subsection , the 13 court shall order the person to serve a term of imprisonment of 14 not less than forty-eight hours. Any sentence imposed may be 15 suspended, and the court shall place the person on probation 16 upon such terms and conditions as the court may impose. If 17 the person is not sentenced to confinement under the custody 18 of the director of the department of corrections, the terms 19 and conditions of probation shall require submission to random 20 drug testing. If the person fails a drug test, the court may 21 transfer the person’s placement to any appropriate placement 22 permissible under the court order. 23 e. If the controlled substance is amphetamine, its salts, 24 isomers, or salts of its isomers, or methamphetamine, its 25 salts, isomers, or salts of its isomers, the court shall order 26 the person to serve a term of imprisonment of not less than 27 forty-eight hours. Any sentence imposed may be suspended, 28 and the court shall place the person on probation upon such 29 terms and conditions as the court may impose. The court may 30 place the person on intensive probation. However, the terms 31 and conditions of probation shall require submission to random 32 drug testing. If the person fails a drug test, the court may 33 transfer the person’s placement to any appropriate placement 34 permissible under the court order. 35 -2- LSB 6160YC (2) 87 jm/rh 2/ 3

H.F. _____ EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill relates to the possession of a controlled 4 substance. 5 Currently, if a person commits a first offense possession 6 of a controlled substance the person commits a serious 7 misdemeanor. If a person commits a second offense possession 8 of a controlled substance and the person has previously 9 been convicted of violating Code chapter 124 (controlled 10 substances), Code chapter 124B (precursor substances), Code 11 chapter 453B (excise tax on unlawful dealing), or Code chapter 12 124A (imitation controlled substances as it existed on July 1, 13 2017), the person commits an aggravated misdemeanor. 14 Currently, if a person commits a first offense possession 15 of marijuana, the offense is punishable by imprisonment in 16 the county jail for not more than six months or by a fine 17 of not more than $1,000, or by both. If a person commits a 18 second offense possession of marijuana, the person commits 19 a serious misdemeanor, and if a person commits a third or 20 subsequent offense possession of marijuana, the person commits 21 an aggravated misdemeanor. 22 The bill makes convictions or the equivalent of deferred 23 judgments for violations in any other state count as a previous 24 offense if the violation in the other state substantially 25 corresponds with possession of controlled substance violations 26 in this state, thus making a person with a conviction in 27 another state more likely to be subject to enhanced penalties 28 for possession of a controlled substance in this state under 29 Code section 124.401(5), as amended by the bill. The bill 30 specifies that the court shall judicially notice the statutes 31 of other states which define offenses substantially equivalent 32 to possession of a controlled substance. 33 -3- LSB 6160YC (2) 87 jm/rh 3/ 3