Senate File 407 - Introduced SENATE FILE 407 BY BOLKCOM , PETERSEN , J. SMITH , TRONE GARRIOTT , CELSI , T. TAYLOR , BOULTON , JOCHUM , BISIGNANO , and DOTZLER A BILL FOR An Act relating to marijuana, including the manufacture, 1 delivery, and possession of marijuana, providing fees, 2 providing penalties, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2316XS (4) 89 ss/rh

S.F. 407 Section 1. Section 124.401, subsection 1, unnumbered 1 paragraph 1, Code 2021, is amended to read as follows: 2 Except as authorized by this chapter or chapter 124E or 3 124F , it is unlawful for any person to manufacture, deliver, or 4 possess with the intent to manufacture or deliver, a controlled 5 substance, a counterfeit substance, a simulated controlled 6 substance, or an imitation controlled substance, or to act 7 with, enter into a common scheme or design with, or conspire 8 with one or more other persons to manufacture, deliver, or 9 possess with the intent to manufacture or deliver a controlled 10 substance, a counterfeit substance, a simulated controlled 11 substance, or an imitation controlled substance. 12 Sec. 2. Section 124.401, subsection 1, paragraph a, 13 subparagraph (6), Code 2021, is amended by striking the 14 subparagraph. 15 Sec. 3. Section 124.401, subsection 1, paragraph b, 16 subparagraph (6), Code 2021, is amended by striking the 17 subparagraph. 18 Sec. 4. Section 124.401, subsection 1, paragraph c, 19 subparagraph (5), Code 2021, is amended by striking the 20 subparagraph. 21 Sec. 5. Section 124.401, subsection 1, paragraph c, 22 subparagraph (9), Code 2021, is amended to read as follows: 23 (9) Any other controlled substance, counterfeit substance, 24 simulated controlled substance, or imitation controlled 25 substance classified in schedule I, II, or III, except as 26 provided in paragraph “d” , or in chapter 124E or 124F . 27 Sec. 6. Section 124.401, subsection 1, paragraph d, Code 28 2021, is amended to read as follows: 29 d. Violation of this subsection , with respect to any other 30 controlled substances, counterfeit substances, simulated 31 controlled substances, or imitation controlled substances 32 classified in schedule IV or V is an aggravated misdemeanor. 33 However, violation of this subsection involving fifty kilograms 34 or less of marijuana or involving flunitrazepam is a class “D” 35 -1- LSB 2316XS (4) 89 ss/rh 1/ 10

S.F. 407 felony. 1 Sec. 7. Section 124.401, subsection 5, unnumbered paragraph 2 2, Code 2021, is amended to read as follows: 3 If the controlled substance is marijuana, the punishment 4 shall be by imprisonment in the county jail for not more than 5 six months or by a fine of not more than one thousand dollars, 6 or by both such fine and imprisonment for a first offense. If 7 the controlled substance is marijuana and the person has been 8 previously convicted of a violation of this subsection in which 9 the controlled substance was marijuana, the punishment shall be 10 as provided in section 903.1, subsection 1 , paragraph “b” . If 11 the controlled substance is marijuana and the person has been 12 previously convicted two or more times of a violation of this 13 subsection in which the controlled substance was marijuana, 14 the person is guilty of an aggravated misdemeanor. This 15 subsection does not apply to the possession of marijuana which 16 is punishable pursuant to chapter 124F. 17 Sec. 8. Section 124.401G, unnumbered paragraph 1, Code 18 2021, is amended to read as follows: 19 Notwithstanding any provision of this chapter to the 20 contrary, a person shall not be guilty of an offense under 21 this chapter , including under section 124.401 or 124.410 , 22 for producing, possessing, using, harvesting, handling, 23 manufacturing, marketing, transporting, delivering, or 24 distributing the plant cannabis, if all of the following apply: 25 Sec. 9. Section 124.407, subsection 2, Code 2021, is amended 26 to read as follows: 27 2. a. Any person who violates this section and where the 28 controlled substance is any one a controlled substance other 29 than marijuana is guilty of a class “D” felony. 30 b. Any person who violates this section , and where the 31 controlled substance is marijuana only, is guilty of a serious 32 misdemeanor. 33 Sec. 10. Section 124.411, subsection 2, Code 2021, is 34 amended to read as follows: 35 -2- LSB 2316XS (4) 89 ss/rh 2/ 10

S.F. 407 2. For purposes of this section , an offense is considered 1 a second or subsequent offense, if, prior to the person’s 2 having been convicted of the offense, the offender has ever 3 been convicted under this chapter or under any state or federal 4 statute relating to narcotic drugs or cocaine, marijuana, 5 depressant, stimulant, or hallucinogenic drugs. 6 Sec. 11. Section 124.413, subsection 2, Code 2021, is 7 amended to read as follows: 8 2. This section shall not apply if : 9 a. The offense is found to be an accommodation pursuant to 10 section 124.410 ; or 11 b. The the controlled substance is marijuana. 12 Sec. 12. NEW SECTION . 124F.1 Definitions. 13 As used in this subchapter: 14 1. “Counterfeit substance” means the same as defined in 15 section 124.101. 16 2. “Imitation controlled substance” means the same as 17 defined in section 124.101. 18 3. “Marijuana” means the same as defined in section 124.101, 19 and includes a counterfeit substance, imitation controlled 20 substance, or simulated controlled substance containing a 21 detectable amount of marijuana. 22 4. “Simulated controlled substance” means the same as 23 defined in section 124.101. 24 Sec. 13. NEW SECTION . 124F.2 Marijuana —— penalties. 25 1. Except as otherwise provided in this subchapter and 26 chapter 124E, it is unlawful for any person to manufacture, 27 deliver, or possess with the intent to manufacture or deliver 28 marijuana, or to act with, enter into a common scheme or 29 design with, or conspire with one or more other persons to 30 manufacture, deliver, or possess with the intent to manufacture 31 or deliver marijuana. A violation of this subsection involving 32 the following amounts of marijuana shall be punishable as 33 follows: 34 a. More than twenty-two kilograms shall be a class “C” 35 -3- LSB 2316XS (4) 89 ss/rh 3/ 10

S.F. 407 felony. 1 b. More than two kilograms but not more than twenty-two 2 kilograms shall be a class “D” felony. 3 c. More than twelve ounces but not more than two kilograms 4 shall be an aggravated misdemeanor. 5 d. More than four ounces but not more than twelve ounces 6 shall be punishable as a serious misdemeanor. 7 e. Four ounces or less shall be punishable as a simple 8 misdemeanor, except as provided in section 124F.3. 9 2. a. It is unlawful for any person knowingly or 10 intentionally to possess marijuana unless such substance was 11 obtained directly from, or pursuant to, a valid prescription 12 or order of a practitioner while acting in the course of the 13 practitioner’s professional practice, or except as otherwise 14 authorized by this subsection. A violation of this subsection 15 involving the possession of the following amounts of marijuana 16 shall be punishable as follows: 17 (1) More than six ounces but not more than twelve ounces is 18 a serious misdemeanor. 19 (2) More than one-half ounce but not more than six ounces 20 is a simple misdemeanor. 21 (3) One-half ounce or less is not a criminal offense but 22 shall be assessed as a civil penalty in the amount of one 23 hundred dollars, except if the person is under twenty-one years 24 of age, the person commits a serious misdemeanor. 25 (a) The civil penalty shall be collected by the clerk of the 26 district court pursuant to section 602.8105, subsection 5. 27 (b) Any records relating to the civil penalty shall not 28 be displayed for public viewing on the Iowa court information 29 system. 30 (c) Any records relating to the civil penalty shall not 31 be kept in the criminal history data files maintained by the 32 department of public safety. Any records relating to the civil 33 penalty shall not be disseminated to other criminal or juvenile 34 justice agencies. 35 -4- LSB 2316XS (4) 89 ss/rh 4/ 10

S.F. 407 b. Notwithstanding paragraph “a” , a municipality may, by 1 ordinance, allow for the legal possession of marijuana. 2 3. Upon the expiration of two years following a conviction 3 for a violation of subsection 2, paragraph “a” , subparagraph 4 (3), or for a violation of subsection 2, paragraph “b” , 5 subparagraph (2), a person may petition the court to expunge 6 the conviction, and if the person has had no other criminal 7 convictions, other than local traffic violations or simple 8 misdemeanor violations of chapter 321 during the two-year 9 period, the conviction shall be expunged as a matter of 10 law. The court shall enter an order that the record of the 11 conviction be expunged by the clerk of the district court. 12 Notwithstanding section 692.2, after receipt of notice from 13 the clerk of the district court that a record of conviction 14 has been expunged pursuant to this subsection, the record of 15 conviction shall be removed from the criminal history data 16 files maintained by the department of public safety. 17 Sec. 14. NEW SECTION . 124F.3 Delivery or possession with 18 the intent to deliver —— small amounts. 19 If the amount of marijuana delivered or possessed with 20 intent to deliver is one ounce or less and no remuneration was 21 provided, the defendant shall not be prosecuted for a violation 22 of this subchapter. 23 Sec. 15. NEW SECTION . 124F.4 Juvenile offenses. 24 The juvenile court shall have exclusive original 25 jurisdiction in a proceeding concerning a minor who is alleged 26 to have committed a violation of this subchapter. 27 Sec. 16. NEW SECTION . 124F.5 Marijuana use in public. 28 1. Marijuana shall not be consumed in areas open and 29 accessible to the public, including but not limited to public 30 transportation facilities, sporting or music venues, parks, 31 playgrounds, sidewalks and roads, outdoor cafes, or indoor but 32 public locations. 33 2. A person who violates this section commits a simple 34 misdemeanor punishable as a scheduled violation under section 35 -5- LSB 2316XS (4) 89 ss/rh 5/ 10

S.F. 407 805.8C, subsection 14. 1 3. Upon the expiration of two years following conviction 2 for a violation of subsection 1, a person may petition the 3 court to expunge the conviction, and if the person has had no 4 other criminal convictions, other than local traffic violations 5 or simple misdemeanor violations of chapter 321 during the 6 two-year period, the conviction shall be expunged as a matter 7 of law. The court shall enter an order that the record of the 8 conviction be expunged by the clerk of the district court. 9 Notwithstanding section 692.2, after receipt of notice from 10 the clerk of the district court that a record of conviction 11 has been expunged pursuant to this subsection, the record of 12 conviction shall be removed from the criminal history data 13 files maintained by the department of public safety. 14 Sec. 17. Section 602.8105, Code 2021, is amended by adding 15 the following new subsection: 16 NEW SUBSECTION . 5. The clerk of the district court shall 17 collect the civil penalty assessed pursuant to section 124F.2, 18 subsection 2, paragraph “a” , subparagraph (3). 19 Sec. 18. Section 805.8C, Code 2021, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 14. Marijuana violations. For marijuana 22 use in public violations under section 124F.5, the scheduled 23 fine is fifty dollars for a first violation, and one hundred 24 dollars for a second or subsequent violation. 25 Sec. 19. REPEAL. Section 124.410, Code 2021, is repealed. 26 Sec. 20. EFFECTIVE DATE. This Act takes effect January 1, 27 2022. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill modifies criminal penalties relating to marijuana 32 by eliminating and modifying certain criminal provisions in 33 Code chapter 124 (uniform controlled substances Act), and 34 transferring certain criminal provisions from Code chapter 124 35 -6- LSB 2316XS (4) 89 ss/rh 6/ 10

S.F. 407 to new Code chapter 124F. 1 MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER 2 MARIJUANA. The bill provides that an unauthorized person 3 commits a class “C” felony punishable by confinement for 4 no more than 10 years and a fine of at least $1,370 but not 5 more than $13,660 if the person violates new Code section 6 124F.2(1)(a) and the controlled substance involves more than 7 22 kilograms of marijuana. Currently, such a person commits 8 a class “B” felony punishable by confinement of no more than 9 50 years if the controlled substance involves more than 1,000 10 kilograms of a mixture or substance containing a detectable 11 amount of marijuana, or a class “B” felony punishable by 12 confinement of no more than 25 years if the controlled 13 substance involves more than 100 kilograms of marijuana but not 14 more than 1,000 kilograms. 15 The bill provides that an unauthorized person commits a 16 class “D” felony if the person violates new Code section 17 124F.2(1)(b) and the controlled substance involves more than 18 2 kilograms of marijuana but not more than 22 kilograms. A 19 class “D” felony is punishable by confinement for no more than 20 five years and a fine of at least $1,025 but not more than 21 $10,245. Currently, such a person commits a class “C” felony 22 if the controlled substance involves more than 50 kilograms of 23 marijuana but not more than 100 kilograms. 24 The bill provides that an unauthorized person commits an 25 aggravated misdemeanor if the person violates new Code section 26 124F.2(1)(c) and the controlled substance involves more than 27 12 ounces of marijuana but not more than 2 kilograms. An 28 aggravated misdemeanor is punishable by confinement for no more 29 than two years and a fine of at least $855 but not more than 30 $8,540. Currently, such a person commits a class “D” felony 31 if the controlled substance involves 50 kilograms or less of 32 marijuana. 33 The bill provides that an unauthorized person commits a 34 serious misdemeanor if the person violates new Code section 35 -7- LSB 2316XS (4) 89 ss/rh 7/ 10

S.F. 407 124F.2(1)(d) and the controlled substance involves more than 1 4 ounces of marijuana but not more than 12 ounces. A serious 2 misdemeanor is punishable by confinement for no more than one 3 year and a fine of at least $430 but not more than $2,560. 4 Currently, such a person commits a class “D” felony. 5 The bill provides that an unauthorized person commits a 6 simple misdemeanor if the person violates new Code section 7 124F.2(1)(e) and the controlled substance involves 4 ounces or 8 less of marijuana except as otherwise provided in the bill. A 9 simple misdemeanor is punishable by confinement for no more 10 than 30 days and a fine of at least $105 but not more than $855. 11 Currently, such a person commits a class “D” felony. 12 POSSESSION OF MARIJUANA. The bill provides that if a person 13 unlawfully possesses more than 6 ounces of marijuana but not 14 more than 12 ounces, the person commits a serious misdemeanor. 15 The bill provides that if a person unlawfully possesses more 16 than one-half ounce of marijuana but not more than 6 ounces, 17 the person commits a simple misdemeanor. 18 The bill provides that if a person 21 years of age or older 19 possesses one-half ounce or less of marijuana, the person 20 does not commit a criminal offense but shall be assessed a 21 civil penalty in the amount of $100. If the person is under 22 21 years of age, the offense shall be punishable as a serious 23 misdemeanor, which may be expunged after two years if the 24 person does not commit additional criminal violations other 25 than traffic offenses. The bill provides that any records 26 relating to the civil penalty shall not be displayed for public 27 viewing on the Iowa court information system and such records 28 shall not be kept in the criminal history files maintained by 29 the department of public safety. 30 The bill allows a municipality to adopt an ordinance to allow 31 for the legal possession of marijuana. 32 Currently, if a person unlawfully possesses marijuana, the 33 person shall be punished by imprisonment in the county jail for 34 not more than six months or by a fine of not more than $1,000, 35 -8- LSB 2316XS (4) 89 ss/rh 8/ 10

S.F. 407 or by both for a first offense. If the person has previously 1 been convicted of marijuana possession, the person commits a 2 serious misdemeanor under current law, and if the person has 3 been convicted of marijuana possession two or more times, the 4 person commits an aggravated misdemeanor. 5 SMALL AMOUNTS OF MARIJUANA. If the amount of marijuana 6 delivered or possessed with intent to deliver is one ounce or 7 less and no remuneration was provided, the defendant shall not 8 be prosecuted for a violation of the bill. 9 MARIJUANA USE IN PUBLIC. The bill prohibits the consumption 10 of marijuana in areas open and accessible to the public, 11 including but not limited to public transportation facilities, 12 sporting or music venues, parks, playgrounds, sidewalks and 13 roads, outdoor cafes, or indoor but public locations. A person 14 who violates this provision commits a simple misdemeanor 15 punishable as a scheduled violation in the amount of $50 for 16 a first offense and $100 for a second or subsequent offense. 17 This violation may be expunged after two years if the person 18 does not commit additional criminal violations other than 19 traffic offenses. 20 JUVENILE MARIJUANA OFFENSES. The bill specifies that the 21 juvenile court shall have exclusive original jurisdiction in a 22 proceeding concerning a minor who is alleged to have committed 23 a violation of the bill. 24 GATHERINGS WHERE CONTROLLED SUBSTANCES UNLAWFULLY USED. 25 The bill strikes a provision making it a serious misdemeanor 26 for a person to sponsor, promote, or aid in the sponsoring 27 or promoting of a meeting or gathering with the knowledge or 28 intent that marijuana be distributed, used, or possessed at the 29 meeting or gathering in violation of Code chapter 124. 30 ACCOMMODATION OFFENSE. The bill strikes a provision 31 allowing a prosecution for unlawful delivery or possession with 32 intent to deliver marijuana, if the prosecution proves that 33 the defendant delivered or possessed with intent to deliver 34 one-half ounce or less of marijuana which was not offered for 35 -9- LSB 2316XS (4) 89 ss/rh 9/ 10

S.F. 407 sale, the defendant is guilty of an accommodation offense 1 and rather than being sentenced for a class “D” felony under 2 Code section 124.401(1)(d), the person is sentenced for a 3 misdemeanor in violation of Code section 124.401(5). The bill 4 makes conforming changes to Code sections 124.401G (Iowa hemp 5 Act) and 124.413 (mandatory minimum sentences —— controlled 6 substances). 7 SECOND OR SUBSEQUENT OFFENSES. Currently, a person 8 convicted of a second or subsequent offense under Code chapter 9 124 may be punished by imprisonment for a period not to exceed 10 three times the term otherwise authorized, or fined not more 11 than three times the amount otherwise authorized. The bill 12 strikes the provision that allows for the use of a previous 13 marijuana conviction in determining if a person has been 14 convicted of a second or subsequent offense under Code chapter 15 124. 16 The bill takes effect January 1, 2022. 17 -10- LSB 2316XS (4) 89 ss/rh 10/ 10