H.F. 84 Section 1. Section 124.414, subsection 3, Code 2025, is 1 amended to read as follows: 2 3. A person who violates this section commits a simple 3 misdemeanor punishable as a scheduled violation under section 4 805.8C . 5 Sec. 2. Section 124.414, Code 2025, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4. Notwithstanding any other provision of 8 law, a violation of this section shall not be used to enhance 9 any other controlled substance violation under this chapter. 10 Sec. 3. Section 805.8C, Code 2025, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3A. Drug paraphernalia violations. For 13 violations of section 124.414, the scheduled fine is two 14 hundred sixty dollars. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to drug paraphernalia. 19 Under current law, a person who knowingly or intentionally 20 manufactures, delivers, sells, or possesses drug paraphernalia 21 commits a simple misdemeanor. A simple misdemeanor is 22 punishable by confinement for no more than 30 days and a 23 fine of at least $105 but not more than $855. The bill makes 24 the violation a simple misdemeanor punishable as a scheduled 25 violation resulting in a fine of $260. 26 The bill provides that notwithstanding any other provision 27 of law, the manufacture, delivery, sale, or possession of drug 28 paraphernalia shall not be used to enhance any other controlled 29 substance violation under Code chapter 124. 30 -1- LSB 1783YH (4) 91 as/js 1/ 1