House File 35 - IntroducedA Bill ForAn Act 1relating to the criminal offense of possession of drug
2paraphernalia and sentencing enhancements under Iowa’s
3controlled substances Act.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 124.401, subsection 5, unnumbered
2paragraph 1, Code 2019, is amended to read as follows:
   3It 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 person who violates this
9subsection is guilty of a serious misdemeanor for a first
10offense. A person who commits a violation of this subsection
11and who has previously been convicted of violating this chapter
12or chapter 124B or 453B, or chapter 124A as it existed prior
13to July 1, 2017, is guilty of an aggravated misdemeanor. A
14person who commits a violation of this subsection and who
15 has previously been convicted two or more times of violating
16this chapter or chapter 124B or 453B, or chapter 124A as it
17existed prior to July 1, 2017, is guilty of a class “D” felony.
 18A conviction for a violation of section 124.414 shall not
19be considered a prior conviction for sentencing enhancement
20purposes under this paragraph.

21   Sec. 2.  Section 124.414, Code 2019, is amended by adding the
22following new subsection:
23   NEW SUBSECTION.  4.  A conviction for a violation of this
24section shall not be considered a prior conviction for a
25violation of chapter 124 for sentencing enhancement purposes
26under section 124.401, subsection 5.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
   30This bill relates to the possession of drug paraphernalia
31and sentencing enhancements.
   32The bill provides that a conviction for knowingly or
33intentionally manufacturing, delivering, selling, or possessing
34drug paraphernalia in violation of Code section 124.414 shall
35not be considered a prior conviction for a violation of Code
-1-1chapter 124 (Iowa’s controlled substances Act) for sentencing
2enhancement purposes under Code section 124.401(5).
   3The bill makes a conforming change to Code section
4124.401(5).
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