HF 78 (LSB 1024YH (4) 91)

HOUSE FILE 78

BY  JONES

A BILL FOR

An Act relating to the possession of small quantities of marijuana, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 1, paragraph d, Code 2025, is amended to read as follows:
   d.  (1)  Violation Except as provided in subparagraph (2), violation of this subsection, with respect to any other controlled substances, counterfeit substances, simulated controlled substances, or imitation controlled substances classified in schedule IV or V is an aggravated misdemeanor. However, 
   (2)  (a)  Except as otherwise provided in subparagraph division (b), a violation of this subsection involving fifty kilograms or less of marijuana or involving flunitrazepam is a class “D” felony.
   (b)  A violation of this subsection involving the possession of one-half ounce or less of marijuana that was not offered for sale is a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14.
    Sec. 2.  Section 124.401, subsection 5, paragraph b, Code 2025, is amended to read as follows:
   b.  If Except as provided in subsection 1, paragraph “d”, subparagraph (2), subparagraph division (b), involving one-half ounce or less of marijuana that was not offered for sale, if the controlled substance is marijuana, the punishment shall be by imprisonment in the county jail for not more than six months or by a fine of not more than one thousand dollars, or by both such fine and imprisonment for a first offense. If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 903.1, subsection 1, paragraph “b”. If the controlled substance is marijuana and the person has been previously convicted two or more times of a violation of this subsection in which the controlled substance was marijuana, the person is guilty of an aggravated misdemeanor.
    Sec. 3.  Section 805.8A, subsection 14, Code 2025, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  q.  Marijuana possession violations.  For violations under section 124.401, subsection 1, paragraph “d”, subparagraph (2), subparagraph division (b), involving less than one-half ounce of marijuana that was not offered for sale, the scheduled fine is five hundred dollars.
    Sec. 4.  REPEAL.  Section 124.410, Code 2025, is repealed.
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 the possession of small quantities of marijuana.
   The bill provides that certain conduct involving one-half ounce or less of marijuana that was not offered for sale is a simple misdemeanor punishable by a scheduled fine of $500. Current law imposes penalties ranging from an aggravated misdemeanor up to a class “B” felony depending upon the conduct of the defendant and the quantity of marijuana.
   The bill repeals Code section 124.410, which involves proving that the defendant delivered or possessed with intent to deliver one-half ounce or less of marijuana that was not offered for sale.