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 TLSB 1405HH (5) 88 as/rh
H.F. 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 -1- LSB 1405HH (5) 88 as/rh 1/ 2
H.F. 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). 4 -2- LSB 1405HH (5) 88 as/rh 2/ 2