House File 93 - IntroducedA Bill ForAn Act 1relating to the possession, manufacture, or delivery
2of marijuana and the possession of drug paraphernalia, and
3providing penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 124.401, subsection 1, paragraph d, Code
22019, is amended to read as follows:
   3d.  Violation of this subsection, with respect to any other
4controlled substances, counterfeit substances, simulated
5controlled substances, or imitation controlled substances
6classified in schedule IV or V is an aggravated misdemeanor.
7However, violation of this subsection involving fifty kilograms
8or less
 at least forty-two and one-half grams but not more than
9fifty kilograms
of marijuana or involving flunitrazepam is a
10class “D” felony. A violation of this subsection involving
11less than forty-two and one-half grams of marijuana shall be
12prosecuted and punished as provided in section 124.401G if the
13marijuana was not offered for sale, otherwise the violation is
14a class “D” felony.

15   Sec. 2.  NEW SECTION.  124.401G  Small amount of marijuana —
16drug paraphernalia — reasonable suspicion — civil penalty.
   171.  A person who commits a violation of section 124.401,
18subsection 1, involving less than forty-two and one-half grams
19of marijuana that was not offered for sale shall be assessed a
20civil penalty in the amount of twenty-five dollars.
   212.  A person who commits a violation of section 124.414,
22if the drug paraphernalia was not offered for sale shall be
23assessed a civil penalty in the amount of twenty-five dollars.
   243.  This section shall not be construed to allow any of the
25following:
   26a.  The sale of marijuana or drug paraphernalia.
   27b.  The use of marijuana or the display of drug paraphernalia
28in a public place.
   29c.  The possession, manufacture, or delivery of marijuana or
30drug paraphernalia in the workplace.
   31d.  An employer’s regulation of marijuana use by an employee.
   32e.  Operating a motor vehicle, motorboat, or sailboat while
33under the influence of marijuana.
   34f.  Prohibiting any person, business, organization, or
35other entity, or a governmental agency that occupies, owns,
-1-1or controls any real property, from prohibiting or regulating
2the possession, manufacture, or delivery of marijuana on such
3property.
   44.  A peace officer shall confiscate all visible marijuana
5or drug paraphernalia associated with a violation punishable
6pursuant to this section.
   75.  The existence of any of the following circumstances
8shall not constitute reasonable suspicion of a crime either
9individually or in combination with each other, unless the
10peace officer is investigating a person for suspicion of
11operating a motor vehicle, motorboat, or sailboat while under
12the influence of marijuana:
   13a.  The odor of marijuana.
   14b.  The possession of, or the suspicion of the possession of,
15marijuana, without evidence that the quantity of marijuana is
16equal to or greater than forty-two and one-half grams.
   17c.  The possession of multiple containers of marijuana
18without evidence that the quantity of marijuana is equal to or
19greater than forty-two and one-half grams.
   20d.  The possession of marijuana in proximity to any amount of
21cash without evidence that the quantity of marijuana is equal
22to or greater than forty-two and one-half grams.
   236.  A civil penalty assessed pursuant to this section shall
24be collected by the clerk of the district court and shall be
25distributed as provided in section 602.8105, subsection 4.
26   Sec. 3.  Section 124.414, subsection 3, Code 2019, is amended
27to read as follows:
   283.  A person who violates this section commits a simple
29misdemeanor. However, if the drug paraphernalia was not
30offered for sale, the violation shall be prosecuted and
31punished as provided in section 124.401G.

32   Sec. 4.  Section 602.8105, subsection 4, Code 2019, is
33amended to read as follows:
   344.  The clerk of the district court shall collect a civil
35penalty assessed against a retailer person pursuant to
-2-1section 124.401G or against a retailer
pursuant to section
2126.23B. Any moneys collected from the civil penalty shall be
3distributed to the city or county that brought the enforcement
4action for a violation of section 124.401G or 126.23A.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
   8This bill relates to the possession, manufacture, or
9delivery of marijuana, the possession of drug paraphernalia,
10and provides penalties.
   11The bill provides that a person who violates Code section
12124.401(1) involving less than 42.5 grams of marijuana that was
13not offered for sale shall be assessed a civil penalty in the
14amount of $25. Current law specifies that the person commits
15anywhere from a serious misdemeanor to a class “D” felony
16depending on the circumstances of the case.
   17The bill provides that a person who violates Code section
18124.414 involving drug paraphernalia that was not offered for
19sale shall be assessed a civil penalty in the amount of $25.
20Current law provides that a violation of Code section 124.414
21is a simple misdemeanor.
   22The bill shall not be construed to allow any of the
23following: the sale of marijuana or drug paraphernalia; the
24use of marijuana or the display of drug paraphernalia in a
25public place; the possession, manufacture, or delivery of
26marijuana or drug paraphernalia in the workplace; an employer’s
27regulation of marijuana use by an employee; the operation
28of a motor vehicle, motorboat, or sailboat while under the
29influence of marijuana; or prohibiting any person, business,
30organization, or a governmental agency that occupies, owns,
31or controls any real property, from prohibiting or regulating
32marijuana on such property.
   33The bill specifies that the existence of any of the following
34circumstances shall not constitute reasonable suspicion
35of a crime either individually or in combination with each
-3-1other, unless the peace officer is investigating a person for
2suspicion of operating a motor vehicle, motorboat, or sailboat
3while under the influence of marijuana: the odor of marijuana;
4the possession of, or the suspicion of the possession of,
5marijuana, without evidence that the quantity of marijuana is
6equal to or greater than 42.5 grams; the possession of multiple
7containers of marijuana without evidence that the quantity
8of marijuana is equal to or greater than 42.5 grams; and the
9possession of marijuana in proximity to any amount of cash
10without evidence that the quantity of marijuana is equal to or
11greater than 42.5 grams.
-4-
as/rh