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Senate Study Bill 1012 - IntroducedA Bill ForAn Act 1relating to the possession of marijuana, and providing
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 5, Code 2019, is
2amended to read as follows:
35. It is unlawful for any person knowingly or intentionally
4to possess a controlled substance unless such substance was
5obtained directly from, or pursuant to, a valid prescription
6or order of a practitioner while acting in the course of the
7practitioner’s professional practice, or except as otherwise
8authorized by this chapter. Any Except as otherwise provided
9in this subsection, any person who violates this subsection
10is guilty of a serious misdemeanor for a first offense. A
11person who commits a violation of this subsection and who has
12previously been convicted of violating this chapter or chapter
13124B or 453B, or chapter 124A as it existed prior to July 1,
142017, is guilty of an aggravated misdemeanor. A person who
15commits a violation of this subsection and has previously
16been convicted two or more times of violating this chapter or
17chapter 124B or 453B, or chapter 124A as it existed prior to
18July 1, 2017, is guilty of a class “D” felony.
19a. (1) If Except as otherwise provided in subparagraph (4),
20if the controlled substance is marijuana, the punishment shall
21be by imprisonment in the county jail for not more than six
22months or by a fine of not more than one thousand dollars, or by
23both such fine and imprisonment for a first offense.
24(2) If the controlled substance is marijuana and the person
25has been previously convicted of a violation of this subsection
26in which the controlled substance was marijuana, the punishment
27shall be as provided in section 903.1, subsection 1, paragraph
28“b”.
29(3) If the controlled substance is marijuana and the person
30has been previously convicted two or more times of a violation
31of this subsection in which the controlled substance was
32marijuana, the person is guilty of an aggravated misdemeanor.
33(4) If the controlled substance is marijuana and is five
34grams or less and subparagraphs (2) and (3) do not apply, the
35person is guilty of a simple misdemeanor.
-1- 1b. A person may knowingly or intentionally recommend,
2possess, use, dispense, deliver, transport, or administer
3cannabidiol if the recommendation, possession, use, dispensing,
4delivery, transporting, or administering is in accordance
5with the provisions of chapter 124E. For purposes of this
6paragraph, “cannabidiol” means the same as defined in section
7124E.2.
8c. All or any part of a sentence imposed pursuant to
9this subsection may be suspended and the person placed upon
10probation upon such terms and conditions as the court may
11impose including the active participation by such person in a
12drug treatment, rehabilitation or education program approved
13by the court.
14d. If a person commits a violation of this subsection, the
15court shall order the person to serve a term of imprisonment of
16not less than forty-eight hours. Any sentence imposed may be
17suspended, and the court shall place the person on probation
18upon such terms and conditions as the court may impose. If
19the person is not sentenced to confinement under the custody
20of the director of the department of corrections, the terms
21and conditions of probation shall require submission to random
22drug testing. If the person fails a drug test, the court may
23transfer the person’s placement to any appropriate placement
24permissible under the court order.
25e. If the controlled substance is amphetamine, its salts,
26isomers, or salts of its isomers, or methamphetamine, its
27salts, isomers, or salts of its isomers, the court shall order
28the person to serve a term of imprisonment of not less than
29forty-eight hours. Any sentence imposed may be suspended,
30and the court shall place the person on probation upon such
31terms and conditions as the court may impose. The court may
32place the person on intensive probation. However, the terms
33and conditions of probation shall require submission to random
34drug testing. If the person fails a drug test, the court may
35transfer the person’s placement to any appropriate placement
-2-1permissible under the court order.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the possession of marijuana.
6The bill provides that a person who possesses five grams
7or less of marijuana commits a simple misdemeanor for a first
8offense. A simple misdemeanor is punishable by confinement for
9no more than 30 days or a fine of at least $65 but not more than
10$625 or by both.
11Current law provides that a person who commits first
12offense possession of marijuana commits a serious misdemeanor
13punishable by confinement for not more than six months or by
14a fine of not more than $1,000 or by both. The bill does not
15modify the penalty for second offense possession of marijuana
16which is punishable by confinement for no more than one year
17and a fine of at least $315 but not more than $1,875. The bill
18also does not modify the penalty for a third or subsequent
19possession of marijuana offense which is punishable by
20confinement for no more than two years and a fine of at least
21$625 but not more than $6,250.
-3-as/rh
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 5, Code 2019, is
2amended to read as follows:
35. It is unlawful for any person knowingly or intentionally
4to possess a controlled substance unless such substance was
5obtained directly from, or pursuant to, a valid prescription
6or order of a practitioner while acting in the course of the
7practitioner’s professional practice, or except as otherwise
8authorized by this chapter. Any Except as otherwise provided
9in this subsection, any person who violates this subsection
10is guilty of a serious misdemeanor for a first offense. A
11person who commits a violation of this subsection and who has
12previously been convicted of violating this chapter or chapter
13124B or 453B, or chapter 124A as it existed prior to July 1,
142017, is guilty of an aggravated misdemeanor. A person who
15commits a violation of this subsection and has previously
16been convicted two or more times of violating this chapter or
17chapter 124B or 453B, or chapter 124A as it existed prior to
18July 1, 2017, is guilty of a class “D” felony.
19a. (1) If Except as otherwise provided in subparagraph (4),
20if the controlled substance is marijuana, the punishment shall
21be by imprisonment in the county jail for not more than six
22months or by a fine of not more than one thousand dollars, or by
23both such fine and imprisonment for a first offense.
24(2) If the controlled substance is marijuana and the person
25has been previously convicted of a violation of this subsection
26in which the controlled substance was marijuana, the punishment
27shall be as provided in section 903.1, subsection 1, paragraph
28“b”.
29(3) If the controlled substance is marijuana and the person
30has been previously convicted two or more times of a violation
31of this subsection in which the controlled substance was
32marijuana, the person is guilty of an aggravated misdemeanor.
33(4) If the controlled substance is marijuana and is five
34grams or less and subparagraphs (2) and (3) do not apply, the
35person is guilty of a simple misdemeanor.
-1- 1b. A person may knowingly or intentionally recommend,
2possess, use, dispense, deliver, transport, or administer
3cannabidiol if the recommendation, possession, use, dispensing,
4delivery, transporting, or administering is in accordance
5with the provisions of chapter 124E. For purposes of this
6paragraph, “cannabidiol” means the same as defined in section
7124E.2.
8c. All or any part of a sentence imposed pursuant to
9this subsection may be suspended and the person placed upon
10probation upon such terms and conditions as the court may
11impose including the active participation by such person in a
12drug treatment, rehabilitation or education program approved
13by the court.
14d. If a person commits a violation of this subsection, the
15court shall order the person to serve a term of imprisonment of
16not less than forty-eight hours. Any sentence imposed may be
17suspended, and the court shall place the person on probation
18upon such terms and conditions as the court may impose. If
19the person is not sentenced to confinement under the custody
20of the director of the department of corrections, the terms
21and conditions of probation shall require submission to random
22drug testing. If the person fails a drug test, the court may
23transfer the person’s placement to any appropriate placement
24permissible under the court order.
25e. If the controlled substance is amphetamine, its salts,
26isomers, or salts of its isomers, or methamphetamine, its
27salts, isomers, or salts of its isomers, the court shall order
28the person to serve a term of imprisonment of not less than
29forty-eight hours. Any sentence imposed may be suspended,
30and the court shall place the person on probation upon such
31terms and conditions as the court may impose. The court may
32place the person on intensive probation. However, the terms
33and conditions of probation shall require submission to random
34drug testing. If the person fails a drug test, the court may
35transfer the person’s placement to any appropriate placement
-2-1permissible under the court order.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5This bill relates to the possession of marijuana.
6The bill provides that a person who possesses five grams
7or less of marijuana commits a simple misdemeanor for a first
8offense. A simple misdemeanor is punishable by confinement for
9no more than 30 days or a fine of at least $65 but not more than
10$625 or by both.
11Current law provides that a person who commits first
12offense possession of marijuana commits a serious misdemeanor
13punishable by confinement for not more than six months or by
14a fine of not more than $1,000 or by both. The bill does not
15modify the penalty for second offense possession of marijuana
16which is punishable by confinement for no more than one year
17and a fine of at least $315 but not more than $1,875. The bill
18also does not modify the penalty for a third or subsequent
19possession of marijuana offense which is punishable by
20confinement for no more than two years and a fine of at least
21$625 but not more than $6,250.
-3-as/rh