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House File 34 - IntroducedA Bill ForAn Act 1relating to the possession, delivery, or possession with
2intent to deliver marijuana, and providing penalties.
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. a. (1) It is unlawful for any person knowingly or
4intentionally to possess a controlled substance unless such
5substance was obtained directly from, or pursuant to, a valid
6prescription or order of a practitioner while acting in the
7course of the practitioner’s professional practice, or except
8as otherwise authorized by this chapter. Any person who
9violates this subsection is guilty of a serious misdemeanor
10for a first offense. A person who commits a violation of
11this subsection and who has previously been convicted of
12violating this chapter or chapter 124B or 453B, or chapter
13124A as it existed prior to July 1, 2017, is guilty of an
14aggravated misdemeanor. A person who commits a violation of
15this subsection and has previously been convicted two or more
16times of violating this chapter or chapter 124B or 453B, or
17chapter 124A as it existed prior to July 1, 2017, is guilty of a
18class “D” felony.
19(2) A violation of paragraph “b” shall not be considered a
20previous conviction for purposes of enhancing a penalty under
21this paragraph.
22b. If the controlled substance is marijuana, the punishment
23shall be by imprisonment in the county jail for not more than
24six months or by a fine of not more than one thousand dollars,
25or by both such fine and imprisonment for a first offense. If
26the controlled substance is marijuana and the person has been
27previously convicted of a violation of this subsection in which
28the controlled substance was marijuana, the punishment shall be
29as provided in section 903.1, subsection 1, paragraph “b”. If
30the controlled substance is marijuana and the person has been
31previously convicted two or more times of a violation of this
32subsection in which the controlled substance was marijuana, the
33person is guilty of an aggravated misdemeanor offense shall
34be classified as a simple misdemeanor punishable by up to the
35maximum fine amount provided in section 903.1, subsection
-1-11, paragraph “a”, but shall not be punishable by a term of
2imprisonment.
3c. A person may knowingly or intentionally recommend,
4possess, use, dispense, deliver, transport, or administer
5cannabidiol if the recommendation, possession, use, dispensing,
6delivery, transporting, or administering is in accordance
7with the provisions of chapter 124E. For purposes of this
8paragraph, “cannabidiol” means the same as defined in section
9124E.2.
10d. All or any part of a sentence imposed pursuant to
11this subsection may be suspended and the person placed upon
12probation upon such terms and conditions as the court may
13impose including the active participation by such person in a
14drug treatment, rehabilitation or education program approved
15by the court.
16e. If a person commits a violation of this subsection,
17except for a violation of this subsection in which the
18controlled substance is marijuana, the court shall order
19the person to serve a term of imprisonment of not less than
20forty-eight hours. Any sentence imposed may be suspended, and
21the court shall place the person on probation upon such terms
22and conditions as the court may impose. If the person is not
23sentenced to confinement under the custody of the director of
24the department of corrections, the terms and conditions of
25probation shall require submission to random drug testing.
26If the person fails a drug test, the court may transfer the
27person’s placement to any appropriate placement permissible
28under the court order.
29f. If the controlled substance is amphetamine, its salts,
30isomers, or salts of its isomers, or methamphetamine, its
31salts, isomers, or salts of its isomers, the court shall order
32the person to serve a term of imprisonment of not less than
33forty-eight hours. Any sentence imposed may be suspended,
34and the court shall place the person on probation upon such
35terms and conditions as the court may impose. The court may
-2-1place the person on intensive probation. However, the terms
2and conditions of probation shall require submission to random
3drug testing. If the person fails a drug test, the court may
4transfer the person’s placement to any appropriate placement
5permissible under the court order.
6 Sec. 2. Section 124.410, Code 2019, is amended to read as
7follows:
8124.410 Accommodation offense.
9In a prosecution for unlawful delivery or possession with
10intent to deliver marijuana, if the prosecution proves that
11the defendant violated the provisions of section 124.401,
12subsection 1, by proving that the defendant delivered or
13possessed with intent to deliver one-half ounce forty-two and
14one-half grams or less of marijuana which was not offered for
15sale, the defendant is guilty of an accommodation offense and
16rather than being sentenced as if convicted for a violation
17of section 124.401, subsection 1, paragraph “d”, shall be
18sentenced as if convicted of a violation of section 124.401,
19subsection 5, paragraph “a”. An accommodation offense may be
20proved as an included offense under a charge of delivering or
21possessing with the intent to deliver marijuana in violation
22of section 124.401, subsection 1. This section does not apply
23to hashish, hashish oil, or other derivatives of marijuana as
24defined in section 124.101, subsection 20.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the possession, delivery, or possession
29with intent to deliver marijuana.
30The bill modifies the penalty for the possession of
31marijuana. Under the bill, if a person is convicted of
32possession of marijuana, the person commits a simple
33misdemeanor punishable by a fine of at least $65 but not
34more than $625, but shall not be punishable by a term of
35imprisonment. The bill also strikes provisions enhancing
-3-1penalties for multiple convictions for the possession of
2marijuana.
3Currently, if a person commits first offense possession
4of marijuana, the offense is punishable by imprisonment in
5the county jail for not more than six months or by a fine
6of not more than $1,000, or by both. If a person commits a
7second offense possession of marijuana under current law, the
8person commits a serious misdemeanor, and a third or subsequent
9offense is punishable as an aggravated misdemeanor.
10The bill does not modify the penalty revoking a person’s
11driver’s license for 180 days if the person is sentenced for
12possession of marijuana.
13The bill also modifies the criminal offense of accommodation
14which relates to the unlawful delivery or possession with
15intent to deliver marijuana. Under the bill, a person who
16unlawfully delivers or possesses with the intent to deliver
1742.5 grams or less of marijuana which was not offered for
18sale is guilty of an accommodation offense and the offense
19shall be punishable as a serious misdemeanor rather than a
20class “C” felony. Currently, a person is not eligible for
21an accommodation offense if the offense involves more than
22one-half ounce (14.17 grams) of marijuana.
23A simple misdemeanor is punishable by confinement for no
24more than 30 days or a fine of at least $65 but not more than
25$625 or by both. A serious misdemeanor is punishable by
26confinement for no more than one year and a fine of at least
27$315 but not more than $1,875. An aggravated misdemeanor is
28punishable by confinement for no more than two years and a fine
29of at least $625 but not more than $6,250.
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2intent to deliver marijuana, and providing penalties.
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. a. (1) It is unlawful for any person knowingly or
4intentionally to possess a controlled substance unless such
5substance was obtained directly from, or pursuant to, a valid
6prescription or order of a practitioner while acting in the
7course of the practitioner’s professional practice, or except
8as otherwise authorized by this chapter. Any person who
9violates this subsection is guilty of a serious misdemeanor
10for a first offense. A person who commits a violation of
11this subsection and who has previously been convicted of
12violating this chapter or chapter 124B or 453B, or chapter
13124A as it existed prior to July 1, 2017, is guilty of an
14aggravated misdemeanor. A person who commits a violation of
15this subsection and has previously been convicted two or more
16times of violating this chapter or chapter 124B or 453B, or
17chapter 124A as it existed prior to July 1, 2017, is guilty of a
18class “D” felony.
19(2) A violation of paragraph “b” shall not be considered a
20previous conviction for purposes of enhancing a penalty under
21this paragraph.
22b. If the controlled substance is marijuana, the punishment
23shall be by imprisonment in the county jail for not more than
24six months or by a fine of not more than one thousand dollars,
25or by both such fine and imprisonment for a first offense. If
26the controlled substance is marijuana and the person has been
27previously convicted of a violation of this subsection in which
28the controlled substance was marijuana, the punishment shall be
29as provided in section 903.1, subsection 1, paragraph “b”. If
30the controlled substance is marijuana and the person has been
31previously convicted two or more times of a violation of this
32subsection in which the controlled substance was marijuana, the
33person is guilty of an aggravated misdemeanor offense shall
34be classified as a simple misdemeanor punishable by up to the
35maximum fine amount provided in section 903.1, subsection
-1-11, paragraph “a”, but shall not be punishable by a term of
2imprisonment.
3c. A person may knowingly or intentionally recommend,
4possess, use, dispense, deliver, transport, or administer
5cannabidiol if the recommendation, possession, use, dispensing,
6delivery, transporting, or administering is in accordance
7with the provisions of chapter 124E. For purposes of this
8paragraph, “cannabidiol” means the same as defined in section
9124E.2.
10d. All or any part of a sentence imposed pursuant to
11this subsection may be suspended and the person placed upon
12probation upon such terms and conditions as the court may
13impose including the active participation by such person in a
14drug treatment, rehabilitation or education program approved
15by the court.
16e. If a person commits a violation of this subsection,
17except for a violation of this subsection in which the
18controlled substance is marijuana, the court shall order
19the person to serve a term of imprisonment of not less than
20forty-eight hours. Any sentence imposed may be suspended, and
21the court shall place the person on probation upon such terms
22and conditions as the court may impose. If the person is not
23sentenced to confinement under the custody of the director of
24the department of corrections, the terms and conditions of
25probation shall require submission to random drug testing.
26If the person fails a drug test, the court may transfer the
27person’s placement to any appropriate placement permissible
28under the court order.
29f. If the controlled substance is amphetamine, its salts,
30isomers, or salts of its isomers, or methamphetamine, its
31salts, isomers, or salts of its isomers, the court shall order
32the person to serve a term of imprisonment of not less than
33forty-eight hours. Any sentence imposed may be suspended,
34and the court shall place the person on probation upon such
35terms and conditions as the court may impose. The court may
-2-1place the person on intensive probation. However, the terms
2and conditions of probation shall require submission to random
3drug testing. If the person fails a drug test, the court may
4transfer the person’s placement to any appropriate placement
5permissible under the court order.
6 Sec. 2. Section 124.410, Code 2019, is amended to read as
7follows:
8124.410 Accommodation offense.
9In a prosecution for unlawful delivery or possession with
10intent to deliver marijuana, if the prosecution proves that
11the defendant violated the provisions of section 124.401,
12subsection 1, by proving that the defendant delivered or
13possessed with intent to deliver one-half ounce forty-two and
14one-half grams or less of marijuana which was not offered for
15sale, the defendant is guilty of an accommodation offense and
16rather than being sentenced as if convicted for a violation
17of section 124.401, subsection 1, paragraph “d”, shall be
18sentenced as if convicted of a violation of section 124.401,
19subsection 5, paragraph “a”. An accommodation offense may be
20proved as an included offense under a charge of delivering or
21possessing with the intent to deliver marijuana in violation
22of section 124.401, subsection 1. This section does not apply
23to hashish, hashish oil, or other derivatives of marijuana as
24defined in section 124.101, subsection 20.
25EXPLANATION
26The inclusion of this explanation does not constitute agreement with
27the explanation’s substance by the members of the general assembly.
28This bill relates to the possession, delivery, or possession
29with intent to deliver marijuana.
30The bill modifies the penalty for the possession of
31marijuana. Under the bill, if a person is convicted of
32possession of marijuana, the person commits a simple
33misdemeanor punishable by a fine of at least $65 but not
34more than $625, but shall not be punishable by a term of
35imprisonment. The bill also strikes provisions enhancing
-3-1penalties for multiple convictions for the possession of
2marijuana.
3Currently, if a person commits first offense possession
4of marijuana, the offense is punishable by imprisonment in
5the county jail for not more than six months or by a fine
6of not more than $1,000, or by both. If a person commits a
7second offense possession of marijuana under current law, the
8person commits a serious misdemeanor, and a third or subsequent
9offense is punishable as an aggravated misdemeanor.
10The bill does not modify the penalty revoking a person’s
11driver’s license for 180 days if the person is sentenced for
12possession of marijuana.
13The bill also modifies the criminal offense of accommodation
14which relates to the unlawful delivery or possession with
15intent to deliver marijuana. Under the bill, a person who
16unlawfully delivers or possesses with the intent to deliver
1742.5 grams or less of marijuana which was not offered for
18sale is guilty of an accommodation offense and the offense
19shall be punishable as a serious misdemeanor rather than a
20class “C” felony. Currently, a person is not eligible for
21an accommodation offense if the offense involves more than
22one-half ounce (14.17 grams) of marijuana.
23A simple misdemeanor is punishable by confinement for no
24more than 30 days or a fine of at least $65 but not more than
25$625 or by both. A serious misdemeanor is punishable by
26confinement for no more than one year and a fine of at least
27$315 but not more than $1,875. An aggravated misdemeanor is
28punishable by confinement for no more than two years and a fine
29of at least $625 but not more than $6,250.
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