H.F. 2431 DIVISION I 1 FINDINGS 2 Section 1. PUBLIC HEALTH ISSUE —— ADDICTION AND SUBSTANCE 3 ABUSE. The general assembly finds that addiction and substance 4 abuse are public health issues and further finds that the 5 criminalization of addiction and substance abuse has failed 6 to reduce recidivism. The general assembly fully supports a 7 reorientation toward treating addiction and substance abuse as 8 a public health issue over criminalization. 9 DIVISION II 10 ELIMINATION OF CERTAIN CONTROLLED SUBSTANCE OFFENSES 11 Sec. 2. REPEAL. Sections 124.401, 124.401A, 124.401B, 12 124.401C, 124.401D, 124.401E, 124.401F, 124.406, 124.406A, 13 124.407, 124.408, 124.409, 124.410, 124.411, 124.412, 124.413, 14 124.414, 124.415, 124.416, 124.417, and 155A.24, Code 2020, are 15 repealed. 16 Sec. 3. REPEAL. Chapters 124B and 453B, Code 2020, are 17 repealed. 18 DIVISION III 19 CONFORMING CHANGES TO CODE 20 Sec. 4. Section 124.418, subsection 2, Code 2020, is amended 21 by striking the subsection. 22 Sec. 5. Section 124E.12, subsection 4, Code 2020, is amended 23 by striking the subsection. 24 Sec. 6. Section 124E.16, subsection 1, Code 2020, is amended 25 by striking the subsection. 26 Sec. 7. Section 125.44, subsection 5, Code 2020, is amended 27 to read as follows: 28 5. The department is liable for the cost of care, treatment, 29 and maintenance of persons with substance-related disorders 30 admitted to the facility voluntarily or pursuant to section 31 125.75 , 125.81 , or 125.91 or section 321J.3 or 124.409 only 32 to those facilities that have a contract with the department 33 under this section , only for the amount computed according to 34 and within the limits of liability prescribed by this section , 35 -1- LSB 5770YH (7) 88 jm/rh 1/ 12

H.F. 2431 and only when the person with a substance-related disorder is 1 unable to pay the costs and there is no other person, firm, 2 corporation, or insurance company bound to pay the costs. 3 Sec. 8. Section 125.89, subsection 2, Code 2020, is amended 4 by striking the subsection. 5 Sec. 9. Section 155A.6, subsection 3, Code 2020, is amended 6 to read as follows: 7 3. The board shall establish standards for 8 pharmacist-intern registration and may deny, suspend, 9 or revoke a pharmacist-intern registration for failure to meet 10 the standards or for any violation of the laws of this state, 11 another state, or the United States relating to prescription 12 drugs, controlled substances, or nonprescription drugs, or for 13 any violation of this chapter or chapter 124 , 124B , 126 , 147 , 14 or 205 , or any rule of the board. 15 Sec. 10. Section 155A.6A, subsection 5, Code 2020, is 16 amended to read as follows: 17 5. The board may deny, suspend, or revoke the registration 18 of, or otherwise discipline, a registered pharmacy technician 19 for any violation of the laws of this state, another state, or 20 the United States relating to prescription drugs, controlled 21 substances, or nonprescription drugs, or for any violation of 22 this chapter or chapter 124 , 124B , 126 , 147 , 205 , or 272C , or 23 any rule of the board. 24 Sec. 11. Section 155A.6B, subsection 5, Code 2020, is 25 amended to read as follows: 26 5. The board may deny, suspend, or revoke the registration 27 of a pharmacy support person or otherwise discipline the 28 pharmacy support person for any violation of the laws of 29 this state, another state, or the United States relating to 30 prescription drugs, controlled substances, or nonprescription 31 drugs, or for any violation of this chapter or chapter 124 , 32 124B , 126 , 147 , 205 , or 272C , or any rule of the board. 33 Sec. 12. Section 155A.13A, subsection 5, paragraph d, Code 34 2020, is amended to read as follows: 35 -2- LSB 5770YH (7) 88 jm/rh 2/ 12

H.F. 2431 d. Any violation of this chapter or chapter 124 , 124B , 126 , 1 or 205 , or rule of the board. 2 Sec. 13. Section 155A.13C, subsection 5, paragraph d, Code 3 2020, is amended to read as follows: 4 d. Any violation of this chapter or chapter 124 , 124B , 126 , 5 or 205 , or rule of the board. 6 Sec. 14. Section 155A.17, subsection 4, Code 2020, is 7 amended to read as follows: 8 4. The board may deny, suspend, or revoke a wholesale 9 distributor license, or otherwise discipline a wholesale 10 distributor, for failure to meet the applicable standards or 11 for a violation of the laws of this state, another state, or 12 the United States, or for a violation of this chapter , chapter 13 124 , 124B , 126 , or 205 , or a rule of the board. 14 Sec. 15. Section 155A.17A, subsection 4, Code 2020, is 15 amended to read as follows: 16 4. The board may deny, suspend, or revoke a third-party 17 logistics provider license, or otherwise discipline a 18 third-party logistics provider, for failure to meet the 19 applicable standards or for a violation of the laws of this 20 state, another state, or the United States, or for a violation 21 of this chapter , chapter 124 , 124B , 126 , or 205 , or a rule of 22 the board. 23 Sec. 16. Section 155A.42, subsection 3, Code 2020, is 24 amended to read as follows: 25 3. The board may deny, suspend, or revoke a limited 26 distributor’s license, or otherwise discipline a limited 27 distributor, for failure to meet the applicable standards or 28 for a violation of the laws of this state, another state, or 29 the United States, or for a violation of this chapter , chapter 30 124 , 124B , 126 , or 205 , or a rule of the board. 31 Sec. 17. Section 200.18, subsection 2, paragraph b, Code 32 2020, is amended by striking the paragraph. 33 Sec. 18. Section 204.7, subsection 5, unnumbered paragraph 34 1, Code 2020, is amended to read as follows: 35 -3- LSB 5770YH (7) 88 jm/rh 3/ 12

H.F. 2431 A licensee is not subject to a criminal offense under chapter 1 124 or 453B for producing, possessing, using, harvesting, 2 handling, manufacturing, marketing, transporting, delivering, 3 or distributing hemp, if all of the following apply: 4 Sec. 19. Section 204.7, subsection 6, unnumbered paragraph 5 1, Code 2020, is amended to read as follows: 6 A person other than a licensee is not subject to a criminal 7 offense under chapter 124 or 453B for producing, possessing, 8 using, harvesting, handling, manufacturing, marketing, 9 transporting, delivering, or distributing hemp, while on the 10 licensee’s crop site, if all of the following apply: 11 Sec. 20. Section 204.7, subsection 7, unnumbered paragraph 12 1, Code 2020, is amended to read as follows: 13 A person other than a licensee is not subject to a criminal 14 offense under chapter 124 or 453B for possessing, handling, 15 using, manufacturing, marketing, transporting, delivering, 16 or distributing hemp produced in this state, if all of the 17 following apply: 18 Sec. 21. Section 204.7, subsection 8, unnumbered paragraph 19 1, Code 2020, is amended to read as follows: 20 A person is not subject to a criminal offense under chapter 21 124 or 453B for possessing, using, harvesting, handling, 22 manufacturing, marketing, transporting, delivering, or 23 distributing hemp produced in another state, if all of the 24 following apply: 25 Sec. 22. Section 204.7, subsection 9, paragraph d, Code 26 2020, is amended to read as follows: 27 d. A hemp product complying with this subsection is not a 28 controlled substance under chapter 124 or 453B . 29 Sec. 23. Section 204.8, subsection 4, Code 2020, is amended 30 to read as follows: 31 4. The department of public safety or a local law 32 enforcement agency may conduct an inspection of a licensee’s 33 crop site in order to determine that the licensee is complying 34 with the criminal provisions of this chapter as well as 35 -4- LSB 5770YH (7) 88 jm/rh 4/ 12

H.F. 2431 chapters chapter 124 and 453B . The department of public safety 1 or a local law enforcement agency may conduct a test of the 2 plants obtained by that department or local law enforcement 3 agency from the licensee’s crop site during the inspection 4 according to procedures adopted by the department of public 5 safety. 6 Sec. 24. Section 204.14, unnumbered paragraph 1, Code 2020, 7 is amended to read as follows: 8 A person is subject to criminal penalties provided under the 9 applicable provisions in chapter 124 or 453B , if all of the 10 following apply: 11 Sec. 25. Section 204.14, subsection 1, Code 2020, is amended 12 to read as follows: 13 1. The person commits an offense under one of the applicable 14 provisions of chapter 124 or 453B by possessing, handling, 15 using, manufacturing, marketing, transporting, delivering, or 16 distributing the plant cannabis, regardless of whether the 17 plant was produced in compliance with the provisions of this 18 chapter . 19 Sec. 26. Section 204.15, subsection 6, paragraph b, Code 20 2020, is amended to read as follows: 21 b. A criminal offense under chapter 124 or 453B arising 22 out of a negligent violation of this chapter , if the licensee 23 would otherwise be guilty of producing, possessing, using, 24 harvesting, handling, or distributing the plant cannabis 25 pursuant to the results of a test conducted pursuant to section 26 204.8 . 27 Sec. 27. Section 232.8, subsection 1, paragraph c, Code 28 2020, is amended to read as follows: 29 c. Violations by a child, aged sixteen or older, which 30 subject the child to the provisions of section 124.401, 31 subsection 1 , paragraph “e” or “f” , or violations of section 32 723A.2 which involve a violation of chapter 724 , or violation 33 of chapter 724 which constitutes a felony, or violations 34 which constitute a forcible felony are excluded from the 35 -5- LSB 5770YH (7) 88 jm/rh 5/ 12

H.F. 2431 jurisdiction of the juvenile court and shall be prosecuted as 1 otherwise provided by law unless the district court transfers 2 jurisdiction of the child to the juvenile court upon motion and 3 for good cause pursuant to section 803.6 . Notwithstanding any 4 other provision of the Code to the contrary, the district court 5 may accept from a child in district court a plea of guilty, 6 or may instruct the jury on a lesser included offense to the 7 offense excluded from the jurisdiction of the juvenile court 8 under this paragraph, in the same manner as regarding an adult. 9 The judgment and sentence of a child in district court shall 10 be as provided in section 901.5 . However, the juvenile court 11 shall have exclusive original jurisdiction in a proceeding 12 concerning an offense of animal torture as provided in section 13 717B.3A alleged to have been committed by a child under the age 14 of seventeen. 15 Sec. 28. Section 232.22, subsection 1, paragraph e, Code 16 2020, is amended by striking the paragraph. 17 Sec. 29. Section 232.45, subsection 14, Code 2020, is 18 amended by striking the subsection. 19 Sec. 30. Section 232.52, subsection 2, paragraph a, 20 subparagraph (4), subparagraph division (a), subparagraph 21 subdivision (v), Code 2020, is amended by striking the 22 subparagraph subdivision. 23 Sec. 31. Section 232.52, subsection 2, paragraph e, 24 unnumbered paragraph 1, Code 2020, is amended to read as 25 follows: 26 An order transferring the custody of the child, subject to 27 the continuing jurisdiction and custody of the court for the 28 purposes of section 232.54 , to the director of the department 29 of human services for purposes of placement in the state 30 training school or other facility, provided that the child is 31 at least twelve years of age and the court finds the placement 32 to be in the best interests of the child or necessary for the 33 protection of the public, and that the child has been found to 34 have committed an act which is a forcible felony, as defined 35 -6- LSB 5770YH (7) 88 jm/rh 6/ 12

H.F. 2431 in section 702.11 , or a felony violation of section 124.401 1 or chapter 707 , or the court finds any three of the following 2 conditions exist: 3 Sec. 32. Section 232.147, subsection 17, Code 2020, is 4 amended to read as follows: 5 17. A provision in this section or section 232.149A shall 6 not limit or prohibit individuals from performing any duties 7 or responsibilities as required by section 123.47B, 124.415 , 8 232.47 , 232.49 , or 321J.2B . 9 Sec. 33. Section 321.215, subsection 1, paragraph b, Code 10 2020, is amended to read as follows: 11 b. However, a temporary restricted license shall not be 12 issued to a person whose license is revoked pursuant to a court 13 order issued under section 321.209, subsections 1 through 5 or 14 subsection 7 ; to a juvenile whose license has been suspended 15 or revoked pursuant to a dispositional order under section 16 232.52, subsection 2 , paragraph “a” , for a violation of chapter 17 124 , or 453B or section 126.3 ; to a juvenile whose license has 18 been suspended under section 321.213B ; or to a person whose 19 license has been suspended pursuant to a court order under 20 section 714.7D . A temporary restricted license may be issued 21 to a person whose license is revoked under section 321.209, 22 subsection 6 , only if the person has no previous drag racing 23 convictions. A person holding a temporary restricted license 24 issued by the department under this section shall not operate 25 a motor vehicle for pleasure. 26 Sec. 34. Section 321.215, subsection 2, unnumbered 27 paragraph 1, Code 2020, is amended to read as follows: 28 Upon conviction and the suspension or revocation of a 29 person’s noncommercial driver’s license under section 321.209, 30 subsection 5 or 6 , or section 321.210 , 321.210A , or 321.513 ; or 31 upon the denial of issuance of a noncommercial driver’s license 32 under section 321.560 , based solely on offenses enumerated 33 in section 321.555, subsection 1 , paragraph “c” , or section 34 321.555, subsection 2 ; or upon suspension or revocation of 35 -7- LSB 5770YH (7) 88 jm/rh 7/ 12

H.F. 2431 a juvenile’s driver’s license pursuant to a dispositional 1 order under section 232.52, subsection 2 , paragraph “a” , for 2 a violation of chapter 124 or 453B , or section 126.3 ; or upon 3 suspension of a driver’s license pursuant to a court order 4 under section 714.7D , the person may apply to the department 5 for a temporary restricted license to operate a motor vehicle 6 for the limited purpose or purposes specified in subsection 1 . 7 The application may be granted only if all of the following 8 criteria are satisfied: 9 Sec. 35. Section 321.279, subsection 3, paragraph b, Code 10 2020, is amended to read as follows: 11 b. The driver is in violation of section 321J.2 or 124.401 . 12 Sec. 36. Section 421.60, subsection 4, paragraph e, Code 13 2020, is amended by striking the paragraph. 14 Sec. 37. Section 421.60, subsection 5, Code 2020, is amended 15 to read as follows: 16 5. Damages. Notwithstanding section 669.14, subsection 2 , 17 if the director or an employee of the department recklessly or 18 intentionally disregards any tax law or rule in the collection 19 of any tax, or if the director or an employee of the department 20 knowingly or negligently fails to release a lien against or 21 bond on a taxpayer’s property, the taxpayer may file a claim 22 in accordance with the Iowa tort claims Act, chapter 669 , 23 for damages against the state. However, the damages shall 24 be limited to the actual direct economic damages suffered 25 by the taxpayer as a proximate result of the actions of the 26 director or employee, plus costs, reduced by the amount of such 27 damages and costs as could reasonably have been mitigated by 28 the taxpayer. The Iowa tort claims Act shall be the exclusive 29 remedy for recovering damages resulting from such actions. 30 This subsection does not apply to the tax imposed by chapter 31 453B . 32 Sec. 38. Section 462A.34B, subsection 3, paragraph b, Code 33 2020, is amended to read as follows: 34 b. The operator is in violation of section 462A.14 or 35 -8- LSB 5770YH (7) 88 jm/rh 8/ 12

H.F. 2431 124.401 . 1 Sec. 39. Section 602.8102, subsection 35, Code 2020, is 2 amended by striking the subsection. 3 Sec. 40. Section 671A.2, subsection 1, paragraph b, 4 subparagraph (10), Code 2020, is amended by striking the 5 subparagraph. 6 Sec. 41. Section 712.1, subsection 2, Code 2020, is amended 7 by striking the subsection. 8 Sec. 42. Section 723A.1, subsection 1, paragraph a, Code 9 2020, is amended by striking the paragraph. 10 Sec. 43. Section 726.6, subsection 1, paragraph g, Code 11 2020, is amended by striking the paragraph. 12 Sec. 44. Section 803.3, subsection 7, paragraph c, Code 13 2020, is amended by striking the paragraph. 14 Sec. 45. Section 809A.4, subsection 2, paragraph b, Code 15 2020, is amended by striking the paragraph. 16 Sec. 46. Section 811.1, subsections 1 and 2, Code 2020, are 17 amended to read as follows: 18 1. A defendant awaiting judgment of conviction and 19 sentencing following either a plea or verdict of guilty of a 20 class “A” felony; forcible felony as defined in section 702.11 ; 21 any class “B” felony included in section 462A.14 or 707.6A ; any 22 felony included in section 124.401, subsection 1 , paragraph 23 “a” or “b” ; a second or subsequent offense under section 24 124.401, subsection 1 , paragraph “c” ; any felony punishable 25 under section 902.9, subsection 1 , paragraph “a” ; any public 26 offense committed while detained pursuant to section 229A.5 ; 27 or any public offense committed while subject to an order of 28 commitment pursuant to chapter 229A . 29 2. A defendant appealing a conviction of a class “A” 30 felony; forcible felony as defined in section 702.11 ; any class 31 “B” or “C” felony included in section 462A.14 or 707.6A ; any 32 felony included in section 124.401, subsection 1 , paragraph 33 “a” or “b” ; or a second or subsequent conviction under section 34 124.401, subsection 1 , paragraph “c” ; any felony punishable 35 -9- LSB 5770YH (7) 88 jm/rh 9/ 12

H.F. 2431 under section 902.9, subsection 1 , paragraph “a” ; any public 1 offense committed while detained pursuant to section 229A.5 ; 2 or any public offense committed while subject to an order of 3 commitment pursuant to chapter 229A . 4 Sec. 47. Section 901.10, Code 2020, is amended by striking 5 the section and inserting in lieu thereof the following: 6 901.10 Reduction of sentence —— use of dangerous weapon. 7 1. A court sentencing a person for the person’s first 8 conviction under section 902.7 may, at its discretion, sentence 9 the person to a term less than provided by the statute if 10 mitigating circumstances exist and those circumstances are 11 stated specifically in the record. 12 2. The state may appeal the discretionary decision on the 13 grounds that the stated mitigating circumstances do not warrant 14 a reduction of the sentence. 15 Sec. 48. Section 901.11, subsection 1, Code 2020, is amended 16 by striking the subsection. 17 Sec. 49. Section 902.9, subsection 1, paragraph a, Code 18 2020, is amended by striking the paragraph. 19 Sec. 50. Section 903A.5, subsection 1, Code 2020, is amended 20 to read as follows: 21 1. An inmate shall not be discharged from the custody 22 of the director of the Iowa department of corrections until 23 the inmate has served the full term for which the inmate was 24 sentenced, less earned time and other credits earned and not 25 forfeited, unless the inmate is pardoned or otherwise legally 26 released. Earned time accrued and not forfeited shall apply 27 to reduce a mandatory minimum sentence being served pursuant 28 to section 124.406, 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 . 29 An inmate shall be deemed to be serving the sentence from the 30 day on which the inmate is received into the institution. If 31 an inmate was confined to a county jail, municipal holding 32 facility, or other correctional or mental facility at any time 33 prior to sentencing, or after sentencing but prior to the case 34 having been decided on appeal, because of failure to furnish 35 -10- LSB 5770YH (7) 88 jm/rh 10/ 12

H.F. 2431 bail or because of being charged with a nonbailable offense, 1 the inmate shall be given credit for the days already served 2 upon the term of the sentence. However, if a person commits 3 any offense while confined in a county jail, municipal holding 4 facility, or other correctional or mental health facility, 5 the person shall not be granted credit for that offense. 6 Unless the inmate was confined in a correctional facility, the 7 sheriff of the county in which the inmate was confined or the 8 officer in charge of the municipal holding facility in which 9 the inmate was confined shall certify to the clerk of the 10 district court from which the inmate was sentenced and to the 11 department of corrections’ records administrator at the Iowa 12 medical and classification center the number of days so served. 13 The department of corrections’ records administrator, or the 14 administrator’s designee, shall apply credit as ordered by the 15 court of proper jurisdiction or as authorized by this section 16 and section 907.3, subsection 3 . 17 Sec. 51. Section 907.3, subsection 1, paragraph a, 18 subparagraph (5), Code 2020, is amended by striking the 19 subparagraph. 20 Sec. 52. Section 907.3, subsection 2, paragraph a, 21 subparagraph (1), Code 2020, is amended by striking the 22 subparagraph. 23 Sec. 53. Section 907.3, subsection 3, paragraph e, Code 24 2020, is amended by striking the paragraph. 25 Sec. 54. Section 911.3, subsection 1, paragraph a, Code 26 2020, is amended to read as follows: 27 a. Chapter 124 , 155A , 453B , 713 , 714 , 715A , or 716 . 28 Sec. 55. 2019 Iowa Acts, chapter 130, section 33, is amended 29 to read as follows: 30 SEC. 33. CONTINGENT EFFECTIVE DATE. The amendments to 31 sections 29B.107A , 80.9 , 124.204 , 124.401 , 124.410 , 124.411 , 32 124.506A , and 189.1 , and new sections 124.401H , and 317.1D , 33 453B.17 , and 453B.18 , as enacted in this division of this 34 Act, shall become effective upon the date of implementation 35 -11- LSB 5770YH (7) 88 jm/rh 11/ 12

H.F. 2431 of chapter 204 as described in subsection 1 of the section 1 providing for the contingent implementation of that chapter, as 2 enacted in division I of this Act. 3 Sec. 56. REPEAL. Sections 901.12 and 902.8A, Code 2020, 4 are repealed. 5 Sec. 57. EFFECTIVE DATE. The following, being deemed of 6 immediate importance, takes effect upon enactment: 7 The section of this division of this Act amending 2019 Iowa 8 Acts, chapter 130, section 33. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill declares addiction and substance abuse as 13 public health issues, and specifies a reorientation toward 14 treating addiction and substance abuse as a public health 15 issue by eliminating criminal offenses related to controlled, 16 counterfeit, simulated, imitation, and precursor substances. 17 The bill strikes criminal penalties, mandatory minimum 18 sentences, and other Code provisions relating to the unlawful 19 actions of any person relating to the manufacture, delivery, 20 possession, or possession with the intent to manufacture 21 or deliver a controlled substance, counterfeit substance, 22 simulated controlled substance, or imitation controlled 23 substance; or to act with, enter into a common scheme or design 24 with, or conspire with one or more persons to manufacture, 25 deliver, or possess with the intent to manufacture or deliver 26 such substances. 27 The bill repeals Code chapters 124B (precursor substances) 28 and 453B (excise tax on unlawful dealing certain substances, 29 known as the drug tax stamp). 30 The bill makes conforming Code changes. 31 The section of the bill amending 2019 Iowa Acts, chapter 130, 32 takes effect upon enactment. 33 -12- LSB 5770YH (7) 88 jm/rh 12/ 12