House Study Bill 199 - IntroducedA Bill ForAn Act 1relating to penalties for the manufacture, delivery,
2or possession of certain amounts of controlled substances
3involving cocaine or cocaine base.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 124.401, subsection 1, paragraph a,
2subparagraph (2), subparagraph division (b), Code 2023, is
3amended to read as follows:
   4(b)  Cocaine, its salts, optical and geometric isomers, or
5salts of isomers, or cocaine base.
6   Sec. 2.  Section 124.401, subsection 1, paragraph a,
7subparagraph (3), Code 2023, is amended by striking the
8subparagraph.
9   Sec. 3.  Section 124.401, subsection 1, paragraph b,
10subparagraph (2), subparagraph division (b), Code 2023, is
11amended to read as follows:
   12(b)  Cocaine, its salts, optical and geometric isomers, or
13salts of isomers, or cocaine base.
14   Sec. 4.  Section 124.401, subsection 1, paragraph b,
15subparagraph (3), Code 2023, is amended by striking the
16subparagraph.
17   Sec. 5.  Section 124.401, subsection 1, paragraph c,
18subparagraph (2), subparagraph division (b), Code 2023, is
19amended to read as follows:
   20(b)  Cocaine, its salts, optical and geometric isomers, or
21salts of isomers, or cocaine base.
22   Sec. 6.  Section 124.401, subsection 1, paragraph c,
23subparagraph (3), Code 2023, is amended by striking the
24subparagraph.
25   Sec. 7.  Section 232.22, subsection 1, paragraph e, Code
262023, is amended to read as follows:
   27e.  There is probable cause to believe that the child has
28committed a delinquent act involving possession with intent to
29deliver any of the following controlled substances:
   30(1)  A mixture or substance containing cocaine base, also
31known as crack cocaine, and if the act was committed by an
32adult, it would be a violation of section 124.401, subsection
331, paragraph “a”, subparagraph (3), paragraph “b”, subparagraph
34(3), or paragraph “c”, subparagraph (3).
   35(2)    (1)  A mixture or substance containing cocaine, its
-1-1salts, optical and geometric isomers, and or salts of isomers,
2or cocaine base
, and if the act was committed by an adult,
3it would be a violation of section 124.401, subsection 1,
4paragraph “a”, subparagraph (2), subparagraph division (b),
5paragraph “b”, subparagraph (2), subparagraph division (b), or
6paragraph “c”, subparagraph (2), subparagraph division (b).
   7(3)    (2)  A mixture or substance containing methamphetamine,
8its salts, isomers, or salts of isomers, or analogs of
9methamphetamine, and if the act was committed by an adult, it
10would be a violation of section 124.401, subsection 1.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill relates to penalties for the manufacture,
15delivery, or possession of certain amounts of controlled
16substances involving cocaine or cocaine base.
   17Current law provides identical penalties for the
18manufacture, delivery, or possession of different amounts of
19cocaine, its salts, optical and geometric isomers, or salts of
20isomers, and certain mixtures of substances containing cocaine
21base. Current law provides that a violation involving more
22than 500 grams of cocaine or more than 200 grams of certain
23mixtures or substances containing cocaine base is a class “B”
24felony.
   25The bill makes changes to the amount of cocaine base
26necessary to be present in certain mixtures or substances for
27a particular charge so that it corresponds to the amount of
28cocaine, its salts, optical and geometric isomers, or salts of
29isomers required for the same charge.
   30The bill provides that a violation involving more than 500
31grams of cocaine, its salts, optical and geometric isomers,
32or salts of isomers, or cocaine base is a class “B” felony
33punishable by confinement for no more than 50 years and a fine
34of not more than $1 million. A violation involving more than
35100 grams, but not more than 500 grams of cocaine, its salts,
-2-1optical and geometric isomers, or salts of isomers, or cocaine
2base is a class “B” felony punishable by confinement for no
3more than 25 years and a fine of not less than $5,000 nor more
4than $100,000. A violation involving less than 100 grams of
5cocaine, its salts, optical and geometric isomers, or salts of
6isomers, or cocaine base is a class “C” felony punishable by
7confinement for no more than 10 years and a fine of not less
8than $1,000 nor more than $50,000.
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