HF 126 (LSB 1707YH (1) 91)

HOUSE FILE 126

BY  LOHSE

A BILL FOR

An Act relating to penalties for the manufacture, delivery, or possession of certain amounts of controlled substances involving cocaine or cocaine base.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraph a, subparagraph (2), subparagraph division (b), Code 2025, is amended to read as follows:
   (b)  Cocaine, its salts, optical and geometric isomers, or salts of isomers, or cocaine base.
    Sec. 2.  Section 124.401, subsection 1, paragraph a, subparagraph (3), Code 2025, is amended by striking the subparagraph.
    Sec. 3.  Section 124.401, subsection 1, paragraph b, subparagraph (2), subparagraph division (b), Code 2025, is amended to read as follows:
   (b)  Cocaine, its salts, optical and geometric isomers, or salts of isomers, or cocaine base.
    Sec. 4.  Section 124.401, subsection 1, paragraph b, subparagraph (3), Code 2025, is amended by striking the subparagraph.
    Sec. 5.  Section 124.401, subsection 1, paragraph c, subparagraph (2), subparagraph division (b), Code 2025, is amended to read as follows:
   (b)  Cocaine, its salts, optical and geometric isomers, or salts of isomers, or cocaine base.
    Sec. 6.  Section 124.401, subsection 1, paragraph c, subparagraph (3), Code 2025, is amended by striking the subparagraph.
    Sec. 7.  Section 232.22, subsection 1, paragraph e, Code 2025, is amended to read as follows:
   e.  There is probable cause to believe that the child has committed a delinquent act involving possession with intent to deliver any of the following controlled substances:
   (1)  A mixture or substance containing cocaine base, also known as crack cocaine, and if the act was committed by an adult, it would be a violation of section 124.401, subsection 1, paragraph “a”, subparagraph (3), paragraph “b”, subparagraph (3), or paragraph “c”, subparagraph (3).
   (2)  (1)  A mixture or substance containing cocaine, its salts, optical and geometric isomers, and or salts of isomers, or cocaine base, and if the act was committed by an adult, it would be a violation of section 124.401, subsection 1, paragraph “a”, subparagraph (2), subparagraph division (b), paragraph “b”, subparagraph (2), subparagraph division (b), or paragraph “c”, subparagraph (2), subparagraph division (b).
   (3)  (2)  A mixture or substance containing methamphetamine, its salts, isomers, or salts of isomers, or analogs of methamphetamine, and if the act was committed by an adult, it would be a violation of section 124.401, subsection 1.
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 penalties for the manufacture, delivery, or possession of certain amounts of controlled substances involving cocaine or cocaine base.
   Current law provides identical penalties for the manufacture, delivery, or possession of different amounts of cocaine, its salts, optical and geometric isomers, or salts of isomers, and certain mixtures of substances containing cocaine base. Current law provides that a violation involving more than 500 grams of cocaine or more than 200 grams of certain mixtures or substances containing cocaine base is a class “B” felony.
   The bill makes changes to the amount of cocaine base necessary to be present in certain mixtures or substances for a particular charge so that it corresponds to the amount of cocaine, its salts, optical and geometric isomers, or salts of isomers required for the same charge.
   The bill provides that a violation involving more than 500 grams of cocaine, its salts, optical and geometric isomers, or salts of isomers, or cocaine base is a class “B” felony punishable by confinement for no more than 50 years and a fine of not more than $1 million. A violation involving more than 100 grams, but not more than 500 grams of cocaine, its salts, optical and geometric isomers, or salts of isomers, or cocaine base is a class “B” felony punishable by confinement for no more than 25 years and a fine of not less than $5,000 nor more than $100,000. A violation involving less than 100 grams of cocaine, its salts, optical and geometric isomers, or salts of isomers, or cocaine base is a class “C” felony punishable by confinement for no more than 10 years and a fine of not less than $1,000 nor more than $50,000.