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Senate File 83 - IntroducedA Bill ForAn Act 1relating to marijuana, including the manufacture,
2delivery, and possession of marijuana, providing fees,
3providing penalties, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 1, unnumbered
2paragraph 1, Code 2021, is amended to read as follows:
3Except as authorized by this chapter or chapter 124E or
4124F, it is unlawful for any person to manufacture, deliver, or
5possess with the intent to manufacture or deliver, a controlled
6substance, a counterfeit substance, a simulated controlled
7substance, or an imitation controlled substance, or to act
8with, enter into a common scheme or design with, or conspire
9with one or more other persons to manufacture, deliver, or
10possess with the intent to manufacture or deliver a controlled
11substance, a counterfeit substance, a simulated controlled
12substance, or an imitation controlled substance.
13 Sec. 2. Section 124.401, subsection 1, paragraph a,
14subparagraph (6), Code 2021, is amended by striking the
15subparagraph.
16 Sec. 3. Section 124.401, subsection 1, paragraph b,
17subparagraph (6), Code 2021, is amended by striking the
18subparagraph.
19 Sec. 4. Section 124.401, subsection 1, paragraph c,
20subparagraph (5), Code 2021, is amended by striking the
21subparagraph.
22 Sec. 5. Section 124.401, subsection 1, paragraph c,
23subparagraph (9), Code 2021, is amended to read as follows:
24(9) Any other controlled substance, counterfeit substance,
25simulated controlled substance, or imitation controlled
26substance classified in schedule I, II, or III, except as
27provided in paragraph “d”, or in chapter 124E or 124F.
28 Sec. 6. Section 124.401, subsection 1, paragraph d, Code
292021, is amended to read as follows:
30d. Violation of this subsection, with respect to any other
31controlled substances, counterfeit substances, simulated
32controlled substances, or imitation controlled substances
33classified in schedule IV or V is an aggravated misdemeanor.
34However, violation of this subsection involving fifty kilograms
35or less of marijuana or involving flunitrazepam is a class “D”
-1-1felony.
2 Sec. 7. Section 124.401, subsection 5, unnumbered paragraph
32, Code 2021, is amended to read as follows:
4If the controlled substance is marijuana, the punishment
5shall be by imprisonment in the county jail for not more than
6six months or by a fine of not more than one thousand dollars,
7or by both such fine and imprisonment for a first offense. If
8the controlled substance is marijuana and the person has been
9previously convicted of a violation of this subsection in which
10the controlled substance was marijuana, the punishment shall be
11as provided in section 903.1, subsection 1, paragraph “b”. If
12the controlled substance is marijuana and the person has been
13previously convicted two or more times of a violation of this
14subsection in which the controlled substance was marijuana,
15the person is guilty of an aggravated misdemeanor. This
16subsection does not apply to the possession of marijuana which
17is punishable pursuant to chapter 124F.
18 Sec. 8. Section 124.401G, unnumbered paragraph 1, Code
192021, is amended to read as follows:
20Notwithstanding any provision of this chapter to the
21contrary, a person shall not be guilty of an offense under
22this chapter, including under section 124.401 or 124.410,
23for producing, possessing, using, harvesting, handling,
24manufacturing, marketing, transporting, delivering, or
25distributing the plant cannabis, if all of the following apply:
26 Sec. 9. Section 124.407, subsection 2, Code 2021, is amended
27to read as follows:
282. a. Any person who violates this section and where the
29controlled substance is any one a controlled substance other
30than marijuana is guilty of a class “D” felony.
31b. Any person who violates this section, and where the
32controlled substance is marijuana only, is guilty of a serious
33misdemeanor.
34 Sec. 10. Section 124.411, subsection 2, Code 2021, is
35amended to read as follows:
-2- 12. For purposes of this section, an offense is considered
2a second or subsequent offense, if, prior to the person’s
3having been convicted of the offense, the offender has ever
4been convicted under this chapter or under any state or federal
5statute relating to narcotic drugs or cocaine, marijuana,
6 depressant, stimulant, or hallucinogenic drugs.
7 Sec. 11. Section 124.413, subsection 2, Code 2021, is
8amended to read as follows:
92. This section shall not apply if:
10a. The offense is found to be an accommodation pursuant to
11section 124.410; or
12b. The the controlled substance is marijuana.
13 Sec. 12. NEW SECTION. 124F.1 Definitions.
14As used in this subchapter:
151. “Counterfeit substance” means the same as defined in
16section 124.101.
172. “Imitation controlled substance” means the same as
18defined in section 124.101.
193. “Marijuana” means the same as defined in section 124.101,
20and includes a counterfeit substance, imitation controlled
21substance, or simulated controlled substance containing a
22detectable amount of marijuana.
234. “Simulated controlled substance” means the same as
24defined in section 124.101.
25 Sec. 13. NEW SECTION. 124F.2 Marijuana — penalties.
261. Except as otherwise provided in this subchapter and
27chapter 124E, it is unlawful for any person to manufacture,
28deliver, or possess with the intent to manufacture or deliver
29marijuana, or to act with, enter into a common scheme or
30design with, or conspire with one or more other persons to
31manufacture, deliver, or possess with the intent to manufacture
32or deliver marijuana. A violation of this subsection involving
33the following amounts of marijuana shall be punishable as
34follows:
35a. More than twenty-two kilograms shall be a class “C”
-3-1felony.
2b. More than two kilograms but not more than twenty-two
3kilograms shall be a class “D” felony.
4c. More than twelve ounces but not more than two kilograms
5shall be an aggravated misdemeanor.
6d. More than four ounces but not more than twelve ounces
7shall be punishable as a serious misdemeanor.
8e. Four ounces or less shall be punishable as a simple
9misdemeanor, except as provided in section 124F.3.
102. a. It is unlawful for any person knowingly or
11intentionally to possess marijuana unless such substance was
12obtained directly from, or pursuant to, a valid prescription
13or order of a practitioner while acting in the course of the
14practitioner’s professional practice, or except as otherwise
15authorized by this subsection. A violation of this subsection
16involving the possession of the following amounts of marijuana
17shall be punishable as follows:
18(1) More than six ounces but not more than twelve ounces is
19a serious misdemeanor.
20(2) More than four ounces but not more than six ounces is a
21simple misdemeanor.
22(3) More than one ounce but not more than four ounces is
23not a criminal offense but shall be assessed as a civil penalty
24in the amount of one hundred dollars, except if the person is
25under twenty-one years of age, the person commits a serious
26misdemeanor.
27(a) The civil penalty shall be collected by the clerk of the
28district court pursuant to section 602.8105, subsection 5.
29(b) Any records relating to the civil penalty shall not
30be displayed for public viewing on the Iowa court information
31system.
32(c) Any records relating to the civil penalty shall not
33be kept in the criminal history data files maintained by the
34department of public safety. Any records relating to the civil
35penalty shall not be disseminated to other criminal or juvenile
-4-1justice agencies.
2b. (1) Except as provided in subparagraph (2), a person
3does not violate this subsection if the amount of marijuana
4involved is one ounce or less.
5(2) If the person is under twenty-one years of age, the
6person commits a simple misdemeanor.
73. Upon the expiration of two years following a conviction
8for a violation of subsection 2, paragraph “a”, subparagraph
9(3), or for a violation of subsection 2, paragraph “b”,
10subparagraph (2), a person may petition the court to expunge
11the conviction, and if the person has had no other criminal
12convictions, other than local traffic violations or simple
13misdemeanor violations of chapter 321 during the two-year
14period, the conviction shall be expunged as a matter of
15law. The court shall enter an order that the record of the
16conviction be expunged by the clerk of the district court.
17Notwithstanding section 692.2, after receipt of notice from
18the clerk of the district court that a record of conviction
19has been expunged pursuant to this subsection, the record of
20conviction shall be removed from the criminal history data
21files maintained by the department of public safety.
22 Sec. 14. NEW SECTION. 124F.3 Delivery or possession with
23the intent to deliver — small amounts.
24If the amount of marijuana delivered or possessed with
25intent to deliver is one ounce or less and no remuneration was
26provided, the defendant shall not be prosecuted for a violation
27of this subchapter.
28 Sec. 15. NEW SECTION. 124F.4 Juvenile offenses.
29The juvenile court shall have exclusive original
30jurisdiction in a proceeding concerning a minor who is alleged
31to have committed a violation of this subchapter.
32 Sec. 16. NEW SECTION. 124F.5 Marijuana use in public.
331. Marijuana shall not be consumed in areas open and
34accessible to the public, including but not limited to public
35transportation facilities, sporting or music venues, parks,
-5-1playgrounds, sidewalks and roads, outdoor cafes, or indoor but
2public locations.
32. A person who violates this section commits a simple
4misdemeanor punishable as a scheduled violation under section
5805.8C, subsection 14.
63. Upon the expiration of two years following conviction
7for a violation of subsection 1, a person may petition the
8court to expunge the conviction, and if the person has had no
9other criminal convictions, other than local traffic violations
10or simple misdemeanor violations of chapter 321 during the
11two-year period, the conviction shall be expunged as a matter
12of law. The court shall enter an order that the record of the
13conviction be expunged by the clerk of the district court.
14Notwithstanding section 692.2, after receipt of notice from
15the clerk of the district court that a record of conviction
16has been expunged pursuant to this subsection, the record of
17conviction shall be removed from the criminal history data
18files maintained by the department of public safety.
19 Sec. 17. Section 602.8105, Code 2021, is amended by adding
20the following new subsection:
21 NEW SUBSECTION. 5. The clerk of the district court shall
22collect the civil penalty assessed pursuant to section 124F.2,
23subsection 2, paragraph “a”, subparagraph (3).
24 Sec. 18. Section 805.8C, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 14. Marijuana violations. For marijuana
27use in public violations under section 124F.5, the scheduled
28fine is fifty dollars for a first violation, and one hundred
29dollars for a second or subsequent violation.
30 Sec. 19. REPEAL. Section 124.410, Code 2021, is repealed.
31 Sec. 20. EFFECTIVE DATE. This Act takes effect January 1,
322022.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-6- 1This bill modifies criminal penalties relating to marijuana
2by eliminating and modifying certain criminal provisions in
3Code chapter 124 (uniform controlled substances Act), and
4transferring certain criminal provisions from Code chapter 124
5to new Code chapter 124F.
6MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER
7MARIJUANA. The bill provides that an unauthorized person
8commits a class “C” felony punishable by confinement for
9no more than 10 years and a fine of at least $1,370 but not
10more than $13,660 if the person violates new Code section
11124F.2(1)(a) and the controlled substance involves more than
1222 kilograms of marijuana. Currently, such a person commits
13a class “B” felony punishable by confinement of no more than
1450 years if the controlled substance involves more than 1,000
15kilograms of a mixture or substance containing a detectable
16amount of marijuana, or a class “B” felony punishable by
17confinement of no more than 25 years if the controlled
18substance involves more than 100 kilograms of marijuana but not
19more than 1,000 kilograms.
20The bill provides that an unauthorized person commits a
21class “D” felony if the person violates new Code section
22124F.2(1)(b) and the controlled substance involves more than
232 kilograms of marijuana but not more than 22 kilograms. A
24class “D” felony is punishable by confinement for no more than
25five years and a fine of at least $1,025 but not more than
26$10,245. Currently, such a person commits a class “C” felony
27if the controlled substance involves more than 50 kilograms of
28marijuana but not more than 100 kilograms.
29The bill provides that an unauthorized person commits an
30aggravated misdemeanor if the person violates new Code section
31124F.2(1)(c) and the controlled substance involves more than
3212 ounces of marijuana but not more than 2 kilograms. An
33aggravated misdemeanor is punishable by confinement for no more
34than two years and a fine of at least $855 but not more than
35$8,540. Currently, such a person commits a class “D” felony
-7-1if the controlled substance involves 50 kilograms or less of
2marijuana.
3The bill provides that an unauthorized person commits a
4serious misdemeanor if the person violates new Code section
5124F.2(1)(d) and the controlled substance involves more than
64 ounces of marijuana but not more than 12 ounces. A serious
7misdemeanor is punishable by confinement for no more than one
8year and a fine of at least $430 but not more than $2,560.
9Currently, such a person commits a class “D” felony.
10The bill provides that an unauthorized person commits a
11simple misdemeanor if the person violates new Code section
12124F.2(1)(e) and the controlled substance involves 4 ounces or
13less of marijuana except as otherwise provided in the bill. A
14simple misdemeanor is punishable by confinement for no more
15than 30 days and a fine of at least $105 but not more than $855.
16Currently, such a person commits a class “D” felony.
17POSSESSION OF MARIJUANA. The bill provides that if a person
18unlawfully possesses more than 6 ounces of marijuana but not
19more than 12 ounces, the person commits a serious misdemeanor.
20The bill provides that if a person unlawfully possesses more
21than 4 ounces of marijuana but not more than 6 ounces, the
22person commits a simple misdemeanor.
23The bill provides that if a person 21 years of age or older
24possesses more than 1 ounce of marijuana but not more than
254 ounces, the person does not commit a criminal offense but
26shall be assessed a civil penalty in the amount of $100. If
27the person is under 21 years of age, the offense shall be
28punishable as a serious misdemeanor, which may be expunged
29after two years if the person does not commit additional
30criminal violations other than traffic offenses. The bill
31provides that any records relating to the civil penalty
32shall not be displayed for public viewing on the Iowa court
33information system and such records shall not be kept in the
34criminal history files maintained by the department of public
35safety.
-8- 1A person does not unlawfully possesses marijuana under the
2bill if the amount of marijuana possessed is one ounce or less.
3However, if the person is under 21 years of age, the person
4commits a simple misdemeanor, which may be expunged after
5two years if the person does not commit additional criminal
6violations other than traffic offenses.
7Currently, if a person unlawfully possesses marijuana, the
8person shall be punished by imprisonment in the county jail for
9not more than six months or by a fine of not more than $1,000,
10or by both for a first offense. If the person has previously
11been convicted of marijuana possession, the person commits a
12serious misdemeanor under current law, and if the person has
13been convicted of marijuana possession two or more times, the
14person commits an aggravated misdemeanor.
15SMALL AMOUNTS OF MARIJUANA. If the amount of marijuana
16delivered or possessed with intent to deliver is one ounce or
17less and no remuneration was provided, the defendant shall not
18be prosecuted for a violation of the bill.
19MARIJUANA USE IN PUBLIC. The bill prohibits the consumption
20of marijuana in areas open and accessible to the public,
21including but not limited to public transportation facilities,
22sporting or music venues, parks, playgrounds, sidewalks and
23roads, outdoor cafes, or indoor but public locations. A person
24who violates this provision commits a simple misdemeanor
25punishable as a scheduled violation in the amount of $50 for
26a first offense and $100 for a second or subsequent offense.
27This violation may be expunged after two years if the person
28does not commit additional criminal violations other than
29traffic offenses.
30JUVENILE MARIJUANA OFFENSES. The bill specifies that the
31juvenile court shall have exclusive original jurisdiction in a
32proceeding concerning a minor who is alleged to have committed
33a violation of the bill.
34GATHERINGS WHERE CONTROLLED SUBSTANCES UNLAWFULLY USED.
35 The bill strikes a provision making it a serious misdemeanor
-9-1for a person to sponsor, promote, or aid in the sponsoring
2or promoting of a meeting or gathering with the knowledge or
3intent that marijuana be distributed, used, or possessed at the
4meeting or gathering in violation of Code chapter 124.
5ACCOMMODATION OFFENSE. The bill strikes a provision
6allowing a prosecution for unlawful delivery or possession with
7intent to deliver marijuana, if the prosecution proves that
8the defendant delivered or possessed with intent to deliver
9one-half ounce or less of marijuana which was not offered for
10sale, the defendant is guilty of an accommodation offense
11and rather than being sentenced for a class “D” felony under
12Code section 124.401(1)(d), the person is sentenced for a
13misdemeanor in violation of Code section 124.401(5). The bill
14makes conforming changes to Code sections 124.401G (Iowa hemp
15Act) and 124.413 (mandatory minimum sentences — controlled
16substances).
17SECOND OR SUBSEQUENT OFFENSES. Currently, a person
18convicted of a second or subsequent offense under Code chapter
19124 may be punished by imprisonment for a period not to exceed
20three times the term otherwise authorized, or fined not more
21than three times the amount otherwise authorized. The bill
22strikes the provision that allows for the use of a previous
23marijuana conviction in determining if a person has been
24convicted of a second or subsequent offense under Code chapter
25124.
26The bill takes effect January 1, 2022.
-10-ss/rh
2delivery, and possession of marijuana, providing fees,
3providing penalties, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 1, unnumbered
2paragraph 1, Code 2021, is amended to read as follows:
3Except as authorized by this chapter or chapter 124E or
4124F, it is unlawful for any person to manufacture, deliver, or
5possess with the intent to manufacture or deliver, a controlled
6substance, a counterfeit substance, a simulated controlled
7substance, or an imitation controlled substance, or to act
8with, enter into a common scheme or design with, or conspire
9with one or more other persons to manufacture, deliver, or
10possess with the intent to manufacture or deliver a controlled
11substance, a counterfeit substance, a simulated controlled
12substance, or an imitation controlled substance.
13 Sec. 2. Section 124.401, subsection 1, paragraph a,
14subparagraph (6), Code 2021, is amended by striking the
15subparagraph.
16 Sec. 3. Section 124.401, subsection 1, paragraph b,
17subparagraph (6), Code 2021, is amended by striking the
18subparagraph.
19 Sec. 4. Section 124.401, subsection 1, paragraph c,
20subparagraph (5), Code 2021, is amended by striking the
21subparagraph.
22 Sec. 5. Section 124.401, subsection 1, paragraph c,
23subparagraph (9), Code 2021, is amended to read as follows:
24(9) Any other controlled substance, counterfeit substance,
25simulated controlled substance, or imitation controlled
26substance classified in schedule I, II, or III, except as
27provided in paragraph “d”, or in chapter 124E or 124F.
28 Sec. 6. Section 124.401, subsection 1, paragraph d, Code
292021, is amended to read as follows:
30d. Violation of this subsection, with respect to any other
31controlled substances, counterfeit substances, simulated
32controlled substances, or imitation controlled substances
33classified in schedule IV or V is an aggravated misdemeanor.
34However, violation of this subsection involving fifty kilograms
35or less of marijuana or involving flunitrazepam is a class “D”
-1-1felony.
2 Sec. 7. Section 124.401, subsection 5, unnumbered paragraph
32, Code 2021, is amended to read as follows:
4If the controlled substance is marijuana, the punishment
5shall be by imprisonment in the county jail for not more than
6six months or by a fine of not more than one thousand dollars,
7or by both such fine and imprisonment for a first offense. If
8the controlled substance is marijuana and the person has been
9previously convicted of a violation of this subsection in which
10the controlled substance was marijuana, the punishment shall be
11as provided in section 903.1, subsection 1, paragraph “b”. If
12the controlled substance is marijuana and the person has been
13previously convicted two or more times of a violation of this
14subsection in which the controlled substance was marijuana,
15the person is guilty of an aggravated misdemeanor. This
16subsection does not apply to the possession of marijuana which
17is punishable pursuant to chapter 124F.
18 Sec. 8. Section 124.401G, unnumbered paragraph 1, Code
192021, is amended to read as follows:
20Notwithstanding any provision of this chapter to the
21contrary, a person shall not be guilty of an offense under
22this chapter, including under section 124.401 or 124.410,
23for producing, possessing, using, harvesting, handling,
24manufacturing, marketing, transporting, delivering, or
25distributing the plant cannabis, if all of the following apply:
26 Sec. 9. Section 124.407, subsection 2, Code 2021, is amended
27to read as follows:
282. a. Any person who violates this section and where the
29controlled substance is any one a controlled substance other
30than marijuana is guilty of a class “D” felony.
31b. Any person who violates this section, and where the
32controlled substance is marijuana only, is guilty of a serious
33misdemeanor.
34 Sec. 10. Section 124.411, subsection 2, Code 2021, is
35amended to read as follows:
-2- 12. For purposes of this section, an offense is considered
2a second or subsequent offense, if, prior to the person’s
3having been convicted of the offense, the offender has ever
4been convicted under this chapter or under any state or federal
5statute relating to narcotic drugs or cocaine, marijuana,
6 depressant, stimulant, or hallucinogenic drugs.
7 Sec. 11. Section 124.413, subsection 2, Code 2021, is
8amended to read as follows:
92. This section shall not apply if:
10a. The offense is found to be an accommodation pursuant to
11section 124.410; or
12b. The the controlled substance is marijuana.
13 Sec. 12. NEW SECTION. 124F.1 Definitions.
14As used in this subchapter:
151. “Counterfeit substance” means the same as defined in
16section 124.101.
172. “Imitation controlled substance” means the same as
18defined in section 124.101.
193. “Marijuana” means the same as defined in section 124.101,
20and includes a counterfeit substance, imitation controlled
21substance, or simulated controlled substance containing a
22detectable amount of marijuana.
234. “Simulated controlled substance” means the same as
24defined in section 124.101.
25 Sec. 13. NEW SECTION. 124F.2 Marijuana — penalties.
261. Except as otherwise provided in this subchapter and
27chapter 124E, it is unlawful for any person to manufacture,
28deliver, or possess with the intent to manufacture or deliver
29marijuana, or to act with, enter into a common scheme or
30design with, or conspire with one or more other persons to
31manufacture, deliver, or possess with the intent to manufacture
32or deliver marijuana. A violation of this subsection involving
33the following amounts of marijuana shall be punishable as
34follows:
35a. More than twenty-two kilograms shall be a class “C”
-3-1felony.
2b. More than two kilograms but not more than twenty-two
3kilograms shall be a class “D” felony.
4c. More than twelve ounces but not more than two kilograms
5shall be an aggravated misdemeanor.
6d. More than four ounces but not more than twelve ounces
7shall be punishable as a serious misdemeanor.
8e. Four ounces or less shall be punishable as a simple
9misdemeanor, except as provided in section 124F.3.
102. a. It is unlawful for any person knowingly or
11intentionally to possess marijuana unless such substance was
12obtained directly from, or pursuant to, a valid prescription
13or order of a practitioner while acting in the course of the
14practitioner’s professional practice, or except as otherwise
15authorized by this subsection. A violation of this subsection
16involving the possession of the following amounts of marijuana
17shall be punishable as follows:
18(1) More than six ounces but not more than twelve ounces is
19a serious misdemeanor.
20(2) More than four ounces but not more than six ounces is a
21simple misdemeanor.
22(3) More than one ounce but not more than four ounces is
23not a criminal offense but shall be assessed as a civil penalty
24in the amount of one hundred dollars, except if the person is
25under twenty-one years of age, the person commits a serious
26misdemeanor.
27(a) The civil penalty shall be collected by the clerk of the
28district court pursuant to section 602.8105, subsection 5.
29(b) Any records relating to the civil penalty shall not
30be displayed for public viewing on the Iowa court information
31system.
32(c) Any records relating to the civil penalty shall not
33be kept in the criminal history data files maintained by the
34department of public safety. Any records relating to the civil
35penalty shall not be disseminated to other criminal or juvenile
-4-1justice agencies.
2b. (1) Except as provided in subparagraph (2), a person
3does not violate this subsection if the amount of marijuana
4involved is one ounce or less.
5(2) If the person is under twenty-one years of age, the
6person commits a simple misdemeanor.
73. Upon the expiration of two years following a conviction
8for a violation of subsection 2, paragraph “a”, subparagraph
9(3), or for a violation of subsection 2, paragraph “b”,
10subparagraph (2), a person may petition the court to expunge
11the conviction, and if the person has had no other criminal
12convictions, other than local traffic violations or simple
13misdemeanor violations of chapter 321 during the two-year
14period, the conviction shall be expunged as a matter of
15law. The court shall enter an order that the record of the
16conviction be expunged by the clerk of the district court.
17Notwithstanding section 692.2, after receipt of notice from
18the clerk of the district court that a record of conviction
19has been expunged pursuant to this subsection, the record of
20conviction shall be removed from the criminal history data
21files maintained by the department of public safety.
22 Sec. 14. NEW SECTION. 124F.3 Delivery or possession with
23the intent to deliver — small amounts.
24If the amount of marijuana delivered or possessed with
25intent to deliver is one ounce or less and no remuneration was
26provided, the defendant shall not be prosecuted for a violation
27of this subchapter.
28 Sec. 15. NEW SECTION. 124F.4 Juvenile offenses.
29The juvenile court shall have exclusive original
30jurisdiction in a proceeding concerning a minor who is alleged
31to have committed a violation of this subchapter.
32 Sec. 16. NEW SECTION. 124F.5 Marijuana use in public.
331. Marijuana shall not be consumed in areas open and
34accessible to the public, including but not limited to public
35transportation facilities, sporting or music venues, parks,
-5-1playgrounds, sidewalks and roads, outdoor cafes, or indoor but
2public locations.
32. A person who violates this section commits a simple
4misdemeanor punishable as a scheduled violation under section
5805.8C, subsection 14.
63. Upon the expiration of two years following conviction
7for a violation of subsection 1, a person may petition the
8court to expunge the conviction, and if the person has had no
9other criminal convictions, other than local traffic violations
10or simple misdemeanor violations of chapter 321 during the
11two-year period, the conviction shall be expunged as a matter
12of law. The court shall enter an order that the record of the
13conviction be expunged by the clerk of the district court.
14Notwithstanding section 692.2, after receipt of notice from
15the clerk of the district court that a record of conviction
16has been expunged pursuant to this subsection, the record of
17conviction shall be removed from the criminal history data
18files maintained by the department of public safety.
19 Sec. 17. Section 602.8105, Code 2021, is amended by adding
20the following new subsection:
21 NEW SUBSECTION. 5. The clerk of the district court shall
22collect the civil penalty assessed pursuant to section 124F.2,
23subsection 2, paragraph “a”, subparagraph (3).
24 Sec. 18. Section 805.8C, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 14. Marijuana violations. For marijuana
27use in public violations under section 124F.5, the scheduled
28fine is fifty dollars for a first violation, and one hundred
29dollars for a second or subsequent violation.
30 Sec. 19. REPEAL. Section 124.410, Code 2021, is repealed.
31 Sec. 20. EFFECTIVE DATE. This Act takes effect January 1,
322022.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-6- 1This bill modifies criminal penalties relating to marijuana
2by eliminating and modifying certain criminal provisions in
3Code chapter 124 (uniform controlled substances Act), and
4transferring certain criminal provisions from Code chapter 124
5to new Code chapter 124F.
6MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER
7MARIJUANA. The bill provides that an unauthorized person
8commits a class “C” felony punishable by confinement for
9no more than 10 years and a fine of at least $1,370 but not
10more than $13,660 if the person violates new Code section
11124F.2(1)(a) and the controlled substance involves more than
1222 kilograms of marijuana. Currently, such a person commits
13a class “B” felony punishable by confinement of no more than
1450 years if the controlled substance involves more than 1,000
15kilograms of a mixture or substance containing a detectable
16amount of marijuana, or a class “B” felony punishable by
17confinement of no more than 25 years if the controlled
18substance involves more than 100 kilograms of marijuana but not
19more than 1,000 kilograms.
20The bill provides that an unauthorized person commits a
21class “D” felony if the person violates new Code section
22124F.2(1)(b) and the controlled substance involves more than
232 kilograms of marijuana but not more than 22 kilograms. A
24class “D” felony is punishable by confinement for no more than
25five years and a fine of at least $1,025 but not more than
26$10,245. Currently, such a person commits a class “C” felony
27if the controlled substance involves more than 50 kilograms of
28marijuana but not more than 100 kilograms.
29The bill provides that an unauthorized person commits an
30aggravated misdemeanor if the person violates new Code section
31124F.2(1)(c) and the controlled substance involves more than
3212 ounces of marijuana but not more than 2 kilograms. An
33aggravated misdemeanor is punishable by confinement for no more
34than two years and a fine of at least $855 but not more than
35$8,540. Currently, such a person commits a class “D” felony
-7-1if the controlled substance involves 50 kilograms or less of
2marijuana.
3The bill provides that an unauthorized person commits a
4serious misdemeanor if the person violates new Code section
5124F.2(1)(d) and the controlled substance involves more than
64 ounces of marijuana but not more than 12 ounces. A serious
7misdemeanor is punishable by confinement for no more than one
8year and a fine of at least $430 but not more than $2,560.
9Currently, such a person commits a class “D” felony.
10The bill provides that an unauthorized person commits a
11simple misdemeanor if the person violates new Code section
12124F.2(1)(e) and the controlled substance involves 4 ounces or
13less of marijuana except as otherwise provided in the bill. A
14simple misdemeanor is punishable by confinement for no more
15than 30 days and a fine of at least $105 but not more than $855.
16Currently, such a person commits a class “D” felony.
17POSSESSION OF MARIJUANA. The bill provides that if a person
18unlawfully possesses more than 6 ounces of marijuana but not
19more than 12 ounces, the person commits a serious misdemeanor.
20The bill provides that if a person unlawfully possesses more
21than 4 ounces of marijuana but not more than 6 ounces, the
22person commits a simple misdemeanor.
23The bill provides that if a person 21 years of age or older
24possesses more than 1 ounce of marijuana but not more than
254 ounces, the person does not commit a criminal offense but
26shall be assessed a civil penalty in the amount of $100. If
27the person is under 21 years of age, the offense shall be
28punishable as a serious misdemeanor, which may be expunged
29after two years if the person does not commit additional
30criminal violations other than traffic offenses. The bill
31provides that any records relating to the civil penalty
32shall not be displayed for public viewing on the Iowa court
33information system and such records shall not be kept in the
34criminal history files maintained by the department of public
35safety.
-8- 1A person does not unlawfully possesses marijuana under the
2bill if the amount of marijuana possessed is one ounce or less.
3However, if the person is under 21 years of age, the person
4commits a simple misdemeanor, which may be expunged after
5two years if the person does not commit additional criminal
6violations other than traffic offenses.
7Currently, if a person unlawfully possesses marijuana, the
8person shall be punished by imprisonment in the county jail for
9not more than six months or by a fine of not more than $1,000,
10or by both for a first offense. If the person has previously
11been convicted of marijuana possession, the person commits a
12serious misdemeanor under current law, and if the person has
13been convicted of marijuana possession two or more times, the
14person commits an aggravated misdemeanor.
15SMALL AMOUNTS OF MARIJUANA. If the amount of marijuana
16delivered or possessed with intent to deliver is one ounce or
17less and no remuneration was provided, the defendant shall not
18be prosecuted for a violation of the bill.
19MARIJUANA USE IN PUBLIC. The bill prohibits the consumption
20of marijuana in areas open and accessible to the public,
21including but not limited to public transportation facilities,
22sporting or music venues, parks, playgrounds, sidewalks and
23roads, outdoor cafes, or indoor but public locations. A person
24who violates this provision commits a simple misdemeanor
25punishable as a scheduled violation in the amount of $50 for
26a first offense and $100 for a second or subsequent offense.
27This violation may be expunged after two years if the person
28does not commit additional criminal violations other than
29traffic offenses.
30JUVENILE MARIJUANA OFFENSES. The bill specifies that the
31juvenile court shall have exclusive original jurisdiction in a
32proceeding concerning a minor who is alleged to have committed
33a violation of the bill.
34GATHERINGS WHERE CONTROLLED SUBSTANCES UNLAWFULLY USED.
35 The bill strikes a provision making it a serious misdemeanor
-9-1for a person to sponsor, promote, or aid in the sponsoring
2or promoting of a meeting or gathering with the knowledge or
3intent that marijuana be distributed, used, or possessed at the
4meeting or gathering in violation of Code chapter 124.
5ACCOMMODATION OFFENSE. The bill strikes a provision
6allowing a prosecution for unlawful delivery or possession with
7intent to deliver marijuana, if the prosecution proves that
8the defendant delivered or possessed with intent to deliver
9one-half ounce or less of marijuana which was not offered for
10sale, the defendant is guilty of an accommodation offense
11and rather than being sentenced for a class “D” felony under
12Code section 124.401(1)(d), the person is sentenced for a
13misdemeanor in violation of Code section 124.401(5). The bill
14makes conforming changes to Code sections 124.401G (Iowa hemp
15Act) and 124.413 (mandatory minimum sentences — controlled
16substances).
17SECOND OR SUBSEQUENT OFFENSES. Currently, a person
18convicted of a second or subsequent offense under Code chapter
19124 may be punished by imprisonment for a period not to exceed
20three times the term otherwise authorized, or fined not more
21than three times the amount otherwise authorized. The bill
22strikes the provision that allows for the use of a previous
23marijuana conviction in determining if a person has been
24convicted of a second or subsequent offense under Code chapter
25124.
26The bill takes effect January 1, 2022.
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