HF 163 (LSB 1622YH (2) 89)

HOUSE FILE 163

BY  HUNTER, OLSON, JACOBY, ANDERSON, WESSEL-KROESCHELL, KRESSIG, CAHILL, WILBURN, STAED, JAMES, BROWN-POWERS, MASCHER, EHLERT, and COHOON

A BILL FOR

An Act relating to the manufacture, delivery, or possession of marijuana and the possession of drug paraphernalia, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraph d, Code 2021, is amended to read as follows:
   d.  Violation of this subsection, with respect to any other controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances classified in schedule IV or V is an aggravated misdemeanor. However, violation of this subsection involving fifty kilograms or less at least forty-two and one-half grams but not more than fifty kilograms of marijuana or involving flunitrazepam is a class “D” felony.  A violation of this subsection involving less than forty-two and one-half grams of marijuana shall be prosecuted and punished as provided in section 124.401H if the marijuana was not offered for sale, otherwise the violation is a class “D” felony.
    Sec. 2.  NEW SECTION.  124.401H  Small amount of marijuana —— drug paraphernalia —— reasonable suspicion —— civil penalty.
   1.  A person who commits a violation of section 124.401, subsection 1, involving less than forty-two and one-half grams of marijuana that was not offered for sale shall be assessed a civil penalty in the amount of twenty-five dollars.
   2.  A person who commits a violation of section 124.414, if the drug paraphernalia was not offered for sale, shall be assessed a civil penalty in the amount of twenty-five dollars.
   3.  This section shall not be construed to allow any of the following:
   a.  The sale of marijuana or drug paraphernalia.
   b.  The use of marijuana or the display of drug paraphernalia in a public place.
   c.  The possession, manufacture, or delivery of marijuana or drug paraphernalia in the workplace.
   d.  An employer’s regulation of marijuana use by an employee.
   e.  Operating a motor vehicle, motorboat, or sailboat while under the influence of marijuana. 
   f.  Prohibiting any person, business, organization, or other entity, or a governmental agency that occupies, owns, or controls any real property, from prohibiting or regulating the possession, manufacture, or delivery of marijuana on such property.
   4.  A peace officer shall confiscate all visible marijuana or drug paraphernalia associated with a violation punishable pursuant to this section.
   5.  The existence of any of the following circumstances shall not constitute reasonable suspicion of a crime either individually or in combination with each other, unless the peace officer is investigating a person for suspicion of operating a motor vehicle, motorboat, or sailboat while under the influence of marijuana:
   a.  The odor of marijuana.
   b.  The possession of, or the suspicion of the possession of, marijuana, without evidence that the quantity of marijuana is equal to or greater than forty-two and one-half grams.
   c.  The possession of multiple containers of marijuana without evidence that the quantity of marijuana is equal to or greater than forty-two and one-half grams.
   d.  The possession of marijuana in proximity to any amount of cash without evidence that the quantity of marijuana is equal to or greater than forty-two and one-half grams.
   6.  A civil penalty assessed pursuant to this section shall be collected by the clerk of the district court and shall be distributed as provided in section 602.8105, subsection 4.
    Sec. 3.  Section 124.414, subsection 3, Code 2021, is amended to read as follows:
   3.  A person who violates this section commits a simple misdemeanor.  However, if the drug paraphernalia was not offered for sale, the violation shall be prosecuted and punished as provided in section 124.401H.
    Sec. 4.  Section 602.8105, subsection 4, Code 2021, is amended to read as follows:
   4.  The clerk of the district court shall collect a civil penalty assessed against a retailer person pursuant to section 124.401H or against a retailer pursuant to section 126.23B. Any moneys collected from the civil penalty shall be distributed to the city or county that brought the enforcement action for a violation of section 124.401H or 126.23A.
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 manufacture, delivery, or possession of marijuana, the possession of drug paraphernalia, and provides penalties.
   The bill provides that a person who violates Code section 124.401(1)(d) relating to the manufacture, delivery, or possession of marijuana involving less than 42.5 grams of marijuana that was not offered for sale shall be assessed a civil penalty in the amount of $25. Current law specifies that a violation of this Code section involving 50 kilograms or less of marijuana is a class “D” felony.
   The bill provides that a person who violates Code section 124.414 involving drug paraphernalia that was not offered for sale shall be assessed a civil penalty in the amount of $25. Current law provides that a violation of Code section 124.414 is a simple misdemeanor.
   The bill shall not be construed to allow any of the following: the sale of marijuana or drug paraphernalia; the use of marijuana or the display of drug paraphernalia in a public place; the possession, manufacture, or delivery of marijuana or drug paraphernalia in the workplace; an employer’s regulation of marijuana use by an employee; the operation of a motor vehicle, motorboat, or sailboat while under the influence of marijuana; or prohibiting any person, business, organization, or a governmental agency that occupies, owns, or controls any real property, from prohibiting or regulating marijuana on such property.
   The bill specifies that the existence of any of the following circumstances shall not constitute reasonable suspicion of a crime either individually or in combination with each other, unless the peace officer is investigating a person for suspicion of operating a motor vehicle, motorboat, or sailboat while under the influence of marijuana: the odor of marijuana; the possession of, or the suspicion of the possession of, marijuana, without evidence that the quantity of marijuana is equal to or greater than 42.5 grams; the possession of multiple containers of marijuana without evidence that the quantity of marijuana is equal to or greater than 42.5 grams; and the possession of marijuana in proximity to any amount of cash without evidence that the quantity of marijuana is equal to or greater than 42.5 grams.