H.F. 751 Section 1. Section 29B.107A, subsection 2, paragraph a, 1 Code 2021, is amended to read as follows: 2 a. Opium, heroin, cocaine, amphetamine, lysergic acid 3 diethylamide, methamphetamine, phencyclidine, and barbituric 4 acid , and marijuana and any compound or derivative of any such 5 substance. 6 Sec. 2. Section 124.101, subsection 20, Code 2021, is 7 amended by striking the subsection. 8 Sec. 3. Section 124.201A, subsection 4, Code 2021, is 9 amended to read as follows: 10 4. Any cannabis-derived investigational product or 11 cannabis-derived product approved as a prescription drug 12 medication by the United States food and drug administration 13 shall not be considered marijuana or cannabimimetic agents, 14 both as defined in section 124.204 , tetrahydrocannabinols 15 as used in section 124.204, subsection 4 , paragraph “u” , 16 unnumbered paragraph 1, or hemp as defined in section 204.2 . 17 Sec. 4. Section 124.204, subsection 4, paragraph m, Code 18 2021, is amended by striking the paragraph. 19 Sec. 5. Section 124.401, subsection 1, paragraph a, 20 subparagraph (6), Code 2021, is amended by striking the 21 subparagraph. 22 Sec. 6. Section 124.401, subsection 1, paragraph b, 23 subparagraph (6), Code 2021, is amended by striking the 24 subparagraph. 25 Sec. 7. Section 124.401, subsection 1, paragraph c, 26 subparagraph (5), Code 2021, is amended by striking the 27 subparagraph. 28 Sec. 8. Section 124.401, subsection 1, paragraph d, Code 29 2021, is amended to read as follows: 30 d. Violation of this subsection , with respect to any other 31 controlled substances, counterfeit substances, simulated 32 controlled substances, or imitation controlled substances 33 classified in schedule IV or V is an aggravated misdemeanor. 34 However, violation of this subsection involving fifty kilograms 35 -1- LSB 2036HH (5) 89 ss/rh 1/ 5

H.F. 751 or less of marijuana or involving flunitrazepam is a class “D” 1 felony. 2 Sec. 9. Section 124.401, subsection 5, unnumbered paragraph 3 2, Code 2021, is amended by striking the unnumbered paragraph. 4 Sec. 10. Section 124.401G, unnumbered paragraph 1, Code 5 2021, is amended to read as follows: 6 Notwithstanding any provision of this chapter to the 7 contrary, a person shall not be guilty of an offense under 8 this chapter , including under section 124.401 or 124.410 , 9 for producing, possessing, using, harvesting, handling, 10 manufacturing, marketing, transporting, delivering, or 11 distributing the plant cannabis, if all of the following apply: 12 Sec. 11. Section 124.407, subsection 2, Code 2021, is 13 amended to read as follows: 14 2. a. Any person who violates this section and where the 15 controlled substance is any one other than marijuana is guilty 16 of a class “D” felony. 17 b. Any person who violates this section , and where the 18 controlled substance is marijuana only, is guilty of a serious 19 misdemeanor. 20 Sec. 12. Section 124.411, subsection 2, Code 2021, is 21 amended to read as follows: 22 2. For purposes of this section , an offense is considered 23 a second or subsequent offense, if, prior to the person’s 24 having been convicted of the offense, the offender has ever 25 been convicted under this chapter or under any state or federal 26 statute relating to narcotic drugs or cocaine, marijuana, 27 depressant, stimulant, or hallucinogenic drugs. 28 Sec. 13. Section 124.413, subsection 2, Code 2021, is 29 amended by striking the subsection. 30 Sec. 14. Section 124.506A, subsection 1, paragraph a, Code 31 2021, is amended to read as follows: 32 a. Notwithstanding the provisions of section 124.506 , 33 if more than ten pounds of marijuana or more than one pound 34 of any other a controlled substance is seized as a result 35 -2- LSB 2036HH (5) 89 ss/rh 2/ 5

H.F. 751 of a violation of this chapter , the law enforcement agency 1 responsible for retaining the seized controlled substance may 2 destroy the seized controlled substance if the law enforcement 3 agency retains at least ten pounds of the marijuana seized or 4 at least one pound of any other a controlled substance seized 5 for evidence purposes. 6 Sec. 15. Section 124E.12, subsections 1, 2, 3, and 4, Code 7 2021, are amended by striking the subsections. 8 Sec. 16. Section 453B.1, subsection 3, paragraph a, 9 subparagraph (1), Code 2021, is amended to read as follows: 10 (1) Seven or more grams of a taxable substance other than 11 marijuana, but including a taxable substance that is a mixture 12 of marijuana and other taxable substances . 13 Sec. 17. Section 453B.1, subsection 3, paragraph a, 14 subparagraphs (2) and (3), Code 2021, are amended by striking 15 the subparagraphs. 16 Sec. 18. Section 453B.1, subsections 7, 8, and 11, Code 17 2021, are amended by striking the subsections. 18 Sec. 19. Section 453B.1, subsection 10, Code 2021, is 19 amended to read as follows: 20 10. “Taxable substance” means a controlled substance, a 21 counterfeit substance, or a simulated controlled substance , or 22 marijuana , or a mixture of materials that contains a controlled 23 substance, counterfeit substance, or simulated controlled 24 substance , or marijuana . 25 Sec. 20. Section 453B.4, Code 2021, is amended to read as 26 follows: 27 453B.4 Measurements. 28 For purposes of measurements under this chapter , the 29 weight of a taxable substance shall be measured by its weight 30 in metric grams in the dealer’s possession. If a taxable 31 substance consists of a mixture containing both marijuana and 32 another substance or combination of substances listed in the 33 definition of taxable substance in section 453B.1 , the taxable 34 substance shall be taxed under section 453B.7, subsection 2 . 35 -3- LSB 2036HH (5) 89 ss/rh 3/ 5

H.F. 751 Sec. 21. Section 453B.7, Code 2021, is amended to read as 1 follows: 2 453B.7 Tax imposed —— rate of tax. 3 An excise tax is imposed on dealers at the following rates: 4 1. On each gram of processed marijuana, or each portion of a 5 gram, five dollars. 6 2. 1. On each gram or portion of a gram of any a taxable 7 substance , other than marijuana, sold by weight, two hundred 8 fifty dollars. 9 3. On each unprocessed marijuana plant, seven hundred fifty 10 dollars. 11 4. 2. On each ten dosage units of any a taxable substance , 12 other than unprocessed marijuana plants, that is not sold by 13 weight, or portion thereof, four hundred dollars. 14 Sec. 22. Section 901C.3, subsection 1, unnumbered paragraph 15 1, Code 2021, is amended to read as follows: 16 Upon application of a defendant convicted of a misdemeanor 17 offense in the county where the conviction occurred, other 18 than a misdemeanor related to the possession or transfer of 19 marijuana under chapter 124, the court shall enter an order 20 expunging the record of such a criminal case, as a matter of 21 law, if the defendant has proven all of the following: 22 Sec. 23. NEW SECTION . 901C.4 Offenses related to marijuana 23 —— expungement. 24 1. Upon application of a defendant convicted of an offense 25 under chapter 124 in the county where the conviction occurred, 26 related to the possession or transfer of marijuana, the court 27 shall enter an order expunging the record of such a criminal 28 case. 29 2. The expunged record under this section is a confidential 30 record exempt from public access under section 22.7 but shall 31 be made available by the clerk of the district court upon court 32 order. 33 3. Notwithstanding section 692.2, after receipt of 34 notice from the clerk of the district court that a record of 35 -4- LSB 2036HH (5) 89 ss/rh 4/ 5

H.F. 751 conviction has been expunged under subsection 1, the record 1 of conviction shall be removed from the criminal history data 2 files maintained by the department of public safety if such a 3 record was maintained in the criminal history data files. 4 4. The supreme court may prescribe rules governing the 5 procedures applicable to the expungement of a criminal case 6 under this section. 7 5. This section applies to a conviction that occurred prior 8 to, on, or after the effective date of this Act. 9 Sec. 24. REPEAL. Section 124.410, Code 2021, is repealed. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill eliminates criminal penalties relating to 14 marijuana by eliminating certain criminal provisions in Code 15 chapter 124 (uniform controlled substances Act). The bill 16 eliminates penalties relating to the possession, manufacture, 17 and delivery of marijuana, the hosting of events where 18 marijuana is present, the marijuana accommodation offense, and 19 second or subsequent offenses involving marijuana, including 20 in Code chapter 29B (military justice). The bill also removes 21 marijuana from schedule I of the uniform controlled substances 22 Act. The bill makes conforming changes in Code chapter 124E 23 (medical cannabidiol Act). The bill also removes marijuana 24 from Code chapter 453B (excise tax on unlawful dealing in 25 certain substances). 26 EXPUNGEMENT. The bill provides that upon application by 27 a defendant convicted of an offense under Code chapter 124 28 (controlled substances) related to the possession or transfer 29 of marijuana, the court shall enter an order expunging the 30 record of such a criminal case. Under current law, misdemeanor 31 marijuana offenses may be expunged pursuant to Code section 32 901C.3 (misdemeanor expungement). 33 -5- LSB 2036HH (5) 89 ss/rh 5/ 5