HF 35 (LSB 1405HH (5) 88)

HOUSE FILE 35

BY  WOLFE

A BILL FOR

An Act relating to the criminal offense of possession of drug paraphernalia and sentencing enhancements under Iowa’s controlled substances Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 5, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   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 who 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.  A conviction for a violation of section 124.414 shall not be considered a prior conviction for sentencing enhancement purposes under this paragraph.
    Sec. 2.  Section 124.414, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  A conviction for a violation of this section shall not be considered a prior conviction for a violation of chapter 124 for sentencing enhancement purposes under section 124.401, subsection 5.
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 of drug paraphernalia and sentencing enhancements.
   The bill provides that a conviction for knowingly or intentionally manufacturing, delivering, selling, or possessing drug paraphernalia in violation of Code section 124.414 shall not be considered a prior conviction for a violation of Code chapter 124 (Iowa’s controlled substances Act) for sentencing enhancement purposes under Code section 124.401(5). 
   The bill makes a conforming change to Code section 124.401(5).