H.F. 648 Section 1. Section 124.401, subsection 5, Code 2021, is 1 amended to read as follows: 2 5. a. (1) It is unlawful for any person knowingly or 3 intentionally to possess a controlled substance unless such 4 substance was obtained directly from, or pursuant to, a valid 5 prescription or order of a practitioner while acting in the 6 course of the practitioner’s professional practice, or except 7 as otherwise authorized by this chapter . Any person who 8 violates this subsection is guilty of a serious misdemeanor 9 for a first offense. A person who commits a violation of 10 this subsection and who has previously been convicted of 11 violating this chapter or chapter 124B or 453B , or chapter 12 124A as it existed prior to July 1, 2017, is guilty of an 13 aggravated misdemeanor. A person who commits a violation of 14 this subsection and has previously been convicted two or more 15 times of violating this chapter or chapter 124B or 453B , or 16 chapter 124A as it existed prior to July 1, 2017, is guilty of a 17 class “D” felony. 18 (2) A violation of paragraph “b” shall not be considered a 19 previous conviction for purposes of enhancing a penalty under 20 this paragraph. 21 b. If the controlled substance is marijuana, the punishment 22 shall be by imprisonment in the county jail for not more than 23 six months or by a fine of not more than one thousand dollars, 24 or by both such fine and imprisonment for a first offense. If 25 the controlled substance is marijuana and the person has been 26 previously convicted of a violation of this subsection in which 27 the controlled substance was marijuana, the punishment shall be 28 as provided in section 903.1, subsection 1 , paragraph “b” . If 29 the controlled substance is marijuana and the person has been 30 previously convicted two or more times of a violation of this 31 subsection in which the controlled substance was marijuana, the 32 person is guilty of an aggravated misdemeanor offense shall 33 be classified as a simple misdemeanor punishable by up to the 34 maximum fine amount provided in section 903.1, subsection 35 -1- LSB 2705YH (1) 89 as/rh 1/ 4

H.F. 648 1, paragraph “a” , but shall not be punishable by a term of 1 imprisonment . 2 c. A person may knowingly or intentionally recommend, 3 possess, use, dispense, deliver, transport, or administer 4 cannabidiol if the recommendation, possession, use, dispensing, 5 delivery, transporting, or administering is in accordance 6 with the provisions of chapter 124E . For purposes of this 7 paragraph, “cannabidiol” means the same as defined in section 8 124E.2 . 9 d. All or any part of a sentence imposed pursuant to 10 this subsection may be suspended and the person placed upon 11 probation upon such terms and conditions as the court may 12 impose including the active participation by such person in a 13 drug treatment, rehabilitation or education program approved 14 by the court. 15 e. If a person commits a violation of this subsection , 16 except for a violation of this subsection in which the 17 controlled substance is marijuana, the court shall order 18 the person to serve a term of imprisonment of not less than 19 forty-eight hours. Any sentence imposed may be suspended, and 20 the court shall place the person on probation upon such terms 21 and conditions as the court may impose. If the person is not 22 sentenced to confinement under the custody of the director of 23 the department of corrections, the terms and conditions of 24 probation shall require submission to random drug testing. 25 If the person fails a drug test, the court may transfer the 26 person’s placement to any appropriate placement permissible 27 under the court order. 28 f. If the controlled substance is amphetamine, its salts, 29 isomers, or salts of its isomers, or methamphetamine, its 30 salts, isomers, or salts of its isomers, the court shall order 31 the person to serve a term of imprisonment of not less than 32 forty-eight hours. Any sentence imposed may be suspended, 33 and the court shall place the person on probation upon such 34 terms and conditions as the court may impose. The court may 35 -2- LSB 2705YH (1) 89 as/rh 2/ 4

H.F. 648 place the person on intensive probation. However, the terms 1 and conditions of probation shall require submission to random 2 drug testing. If the person fails a drug test, the court may 3 transfer the person’s placement to any appropriate placement 4 permissible under the court order. 5 Sec. 2. Section 124.410, subsection 1, Code 2021, is amended 6 to read as follows: 7 1. In a prosecution for unlawful delivery or possession 8 with intent to deliver marijuana, if the prosecution proves 9 that the defendant violated the provisions of section 124.401, 10 subsection 1 , by proving that the defendant delivered or 11 possessed with intent to deliver one-half ounce forty-two and 12 one-half grams or less of marijuana which was not offered for 13 sale, the defendant is guilty of an accommodation offense and 14 rather than being sentenced as if convicted for a violation 15 of section 124.401, subsection 1 , paragraph “d” , shall be 16 sentenced as if convicted of a violation of section 124.401, 17 subsection 5 , paragraph “a” . An accommodation offense may be 18 proved as an included offense under a charge of delivering or 19 possessing with the intent to deliver marijuana in violation of 20 section 124.401, subsection 1 . 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the possession, delivery, or possession 25 with intent to deliver marijuana. 26 The bill modifies the penalty for the possession of 27 marijuana. Under the bill, if a person is convicted of 28 possession of marijuana, the person commits a simple 29 misdemeanor punishable by a fine of at least $105 but not 30 more than $855, but shall not be punishable by a term of 31 imprisonment. The bill also strikes provisions enhancing 32 penalties for multiple convictions for the possession of 33 marijuana. 34 Currently, if a person commits first offense possession 35 -3- LSB 2705YH (1) 89 as/rh 3/ 4

H.F. 648 of marijuana, the offense is punishable by imprisonment in 1 the county jail for not more than six months or by a fine 2 of not more than $1,000, or by both. If a person commits a 3 second offense possession of marijuana under current law, the 4 person commits a serious misdemeanor, and a third or subsequent 5 offense is punishable as an aggravated misdemeanor. 6 The bill does not modify the penalty revoking a person’s 7 driver’s license for 180 days if the person is sentenced for 8 possession of marijuana. 9 The bill also modifies the criminal offense of accommodation 10 which relates to the unlawful delivery or possession with 11 intent to deliver marijuana. Under the bill, a person who 12 unlawfully delivers or possesses with the intent to deliver 13 42.5 grams or less of marijuana which was not offered for 14 sale is guilty of an accommodation offense and the offense 15 is punishable as a serious misdemeanor rather than a class 16 “C” felony. Currently, a person is not eligible for an 17 accommodation offense if the offense involves more than 18 one-half ounce (14.17 grams) of marijuana. 19 A simple misdemeanor is punishable by confinement for no 20 more than 30 days or a fine of at least $105 but not more 21 than $855 or by both. A serious misdemeanor is punishable by 22 confinement for no more than one year and a fine of at least 23 $430 but not more than $2,560. An aggravated misdemeanor is 24 punishable by confinement for no more than two years and a fine 25 of at least $855 but not more than $8,540. 26 -4- LSB 2705YH (1) 89 as/rh 4/ 4