Senate
File
178
-
Introduced
SENATE
FILE
178
BY
T.
TAYLOR
,
TRONE
GARRIOTT
,
DOTZLER
,
PETERSEN
,
BENNETT
,
and
CELSI
A
BILL
FOR
An
Act
relating
to
the
possession
of
marijuana
and
providing
1
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1422XS
(7)
90
as/rh
S.F.
178
Section
1.
Section
124.401,
subsection
5,
paragraphs
a
and
1
b,
Code
2023,
are
amended
to
read
as
follows:
2
a.
It
is
unlawful
for
any
person
knowingly
or
intentionally
3
to
possess
a
controlled
substance
unless
such
substance
was
4
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
5
or
order
of
a
practitioner
while
acting
in
the
course
of
the
6
practitioner’s
professional
practice,
or
except
as
otherwise
7
authorized
by
this
chapter
.
Any
Except
as
otherwise
provided
8
in
this
subsection,
any
person
who
violates
this
subsection
9
is
guilty
of
a
serious
misdemeanor
for
a
first
offense.
A
10
person
who
commits
a
violation
of
this
subsection
and
who
has
11
previously
been
convicted
of
violating
this
chapter
or
chapter
12
124B
or
453B
,
or
chapter
124A
as
it
existed
prior
to
July
1,
13
2017,
is
guilty
of
an
aggravated
misdemeanor.
A
person
who
14
commits
a
violation
of
this
subsection
and
has
previously
15
been
convicted
two
or
more
times
of
violating
this
chapter
or
16
chapter
124B
or
453B
,
or
chapter
124A
as
it
existed
prior
to
17
July
1,
2017,
is
guilty
of
a
class
“D”
felony.
18
b.
(1)
If
Except
as
provided
in
subparagraph
(4),
if
the
19
controlled
substance
is
marijuana,
the
punishment
shall
be
by
20
imprisonment
in
the
county
jail
for
not
more
than
six
months
or
21
by
a
fine
of
not
more
than
one
thousand
dollars,
or
by
both
such
22
fine
and
imprisonment
for
a
first
offense.
23
(2)
If
the
controlled
substance
is
marijuana
and
the
person
24
has
been
previously
convicted
of
a
violation
of
this
subsection
25
in
which
the
controlled
substance
was
marijuana,
the
punishment
26
shall
be
as
provided
in
section
903.1,
subsection
1
,
paragraph
27
“b”
.
This
subparagraph
does
not
apply
if
the
controlled
28
substance
is
five
grams
or
less
of
marijuana.
29
(3)
If
the
controlled
substance
is
marijuana
and
the
person
30
has
been
previously
convicted
two
or
more
times
of
a
violation
31
of
this
subsection
in
which
the
controlled
substance
was
32
marijuana,
the
person
is
guilty
of
an
aggravated
misdemeanor.
33
This
subparagraph
does
not
apply
if
the
controlled
substance
is
34
five
grams
or
less
of
marijuana.
35
-1-
LSB
1422XS
(7)
90
as/rh
1/
2
S.F.
178
(4)
If
the
controlled
substance
is
five
grams
or
less
of
1
marijuana
the
person
is
guilty
of
a
simple
misdemeanor.
2
EXPLANATION
3
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
4
the
explanation’s
substance
by
the
members
of
the
general
assembly.
5
This
bill
relates
to
the
possession
of
marijuana.
6
The
bill
provides
that
a
person
who
possesses
five
grams
7
or
less
of
marijuana
commits
a
simple
misdemeanor.
A
simple
8
misdemeanor
is
punishable
by
confinement
for
no
more
than
30
9
days
and
a
fine
of
at
least
$105
but
not
more
than
$855.
10
Current
law
provides
that
a
person
who
commits
a
first
11
offense
possession
of
marijuana
is
subject
to
no
more
than
12
six
months
imprisonment
in
a
county
jail,
a
fine
of
no
more
13
than
$1,000,
or
both.
Under
current
law,
a
second
offense
is
14
a
serious
misdemeanor,
with
a
fine
of
at
least
$430
but
not
15
to
exceed
$2,560
and
can
include
imprisonment
not
to
exceed
16
one
year.
A
third
or
subsequent
offense
is
an
aggravated
17
misdemeanor
with
a
fine
of
at
least
$855
but
not
to
exceed
18
$8,540,
and
can
include
imprisonment
not
to
exceed
two
years.
19
The
bill
provides
that
if
the
controlled
substance
is
five
20
grams
or
less
of
marijuana,
the
enhanced
penalties
for
a
second
21
or
subsequent
offense
do
not
apply
and
the
person
is
guilty
of
22
a
simple
misdemeanor.
23
-2-
LSB
1422XS
(7)
90
as/rh
2/
2