HF 84 (LSB 1783YH (4) 91)

HOUSE FILE 84

BY  DIEKEN

A BILL FOR

An Act relating to drug paraphernalia, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.414, subsection 3, Code 2025, is amended to read as follows:
   3.  A person who violates this section commits a simple misdemeanor punishable as a scheduled violation under section 805.8C.
    Sec. 2.  Section 124.414, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  4.  Notwithstanding any other provision of law, a violation of this section shall not be used to enhance any other controlled substance violation under this chapter.
    Sec. 3.  Section 805.8C, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  Drug paraphernalia violations.  For violations of section 124.414, the scheduled fine is two hundred sixty dollars.
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 drug paraphernalia.
   Under current law, a person who knowingly or intentionally manufactures, delivers, sells, or possesses drug paraphernalia commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. The bill makes the violation a simple misdemeanor punishable as a scheduled violation resulting in a fine of $260.
   The bill provides that notwithstanding any other provision of law, the manufacture, delivery, sale, or possession of drug paraphernalia shall not be used to enhance any other controlled substance violation under Code chapter 124.