House
File
35
-
Introduced
HOUSE
FILE
35
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
the
criminal
offense
of
possession
of
drug
1
paraphernalia
and
sentencing
enhancements
under
Iowa’s
2
controlled
substances
Act.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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35
Section
1.
Section
124.401,
subsection
5,
unnumbered
1
paragraph
1,
Code
2019,
is
amended
to
read
as
follows:
2
It
is
unlawful
for
any
person
knowingly
or
intentionally
3
to
possess
a
controlled
substance
unless
such
substance
was
4
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
5
or
order
of
a
practitioner
while
acting
in
the
course
of
the
6
practitioner’s
professional
practice,
or
except
as
otherwise
7
authorized
by
this
chapter
.
Any
person
who
violates
this
8
subsection
is
guilty
of
a
serious
misdemeanor
for
a
first
9
offense.
A
person
who
commits
a
violation
of
this
subsection
10
and
who
has
previously
been
convicted
of
violating
this
chapter
11
or
chapter
124B
or
453B
,
or
chapter
124A
as
it
existed
prior
12
to
July
1,
2017,
is
guilty
of
an
aggravated
misdemeanor.
A
13
person
who
commits
a
violation
of
this
subsection
and
who
14
has
previously
been
convicted
two
or
more
times
of
violating
15
this
chapter
or
chapter
124B
or
453B
,
or
chapter
124A
as
it
16
existed
prior
to
July
1,
2017,
is
guilty
of
a
class
“D”
felony.
17
A
conviction
for
a
violation
of
section
124.414
shall
not
18
be
considered
a
prior
conviction
for
sentencing
enhancement
19
purposes
under
this
paragraph.
20
Sec.
2.
Section
124.414,
Code
2019,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
4.
A
conviction
for
a
violation
of
this
23
section
shall
not
be
considered
a
prior
conviction
for
a
24
violation
of
chapter
124
for
sentencing
enhancement
purposes
25
under
section
124.401,
subsection
5.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
the
possession
of
drug
paraphernalia
30
and
sentencing
enhancements.
31
The
bill
provides
that
a
conviction
for
knowingly
or
32
intentionally
manufacturing,
delivering,
selling,
or
possessing
33
drug
paraphernalia
in
violation
of
Code
section
124.414
shall
34
not
be
considered
a
prior
conviction
for
a
violation
of
Code
35
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35
chapter
124
(Iowa’s
controlled
substances
Act)
for
sentencing
1
enhancement
purposes
under
Code
section
124.401(5).
2
The
bill
makes
a
conforming
change
to
Code
section
3
124.401(5).
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