House File 2208 - Introduced




                                 HOUSE FILE       
                                 BY  KAUFMANN

                                      A BILL FOR

  1 An Act relating to the criminal offense of manufacturing,
  2    delivering, selling, or possessing drug paraphernalia by
  3    exempting hypodermic needles or syringes delivered, sold, or
  4    possessed through an approved needle exchange program.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5117YH (2) 87
    jm/rh

PAG LIN



  1  1    Section 1.  Section 124.414, subsection 1, paragraph b, Code
  1  2 2018, is amended to read as follows:
  1  3    b.  "Drug paraphernalia" does not include hypodermic needles
  1  4 or syringes if manufactured, delivered, sold, or possessed for
  1  5 a lawful purpose.  "Lawful purpose" includes hypodermic needles
  1  6 or syringes delivered, sold, or possessed through an approved
  1  7 needle exchange program established pursuant to rules adopted
  1  8 by the department of public health.
  1  9                           EXPLANATION
  1 10 The inclusion of this explanation does not constitute agreement with
  1 11 the explanation's substance by the members of the general assembly.
  1 12    This bill relates to the criminal offense of manufacturing,
  1 13 delivering, selling, or possessing drug paraphernalia by
  1 14 exempting hypodermic needles or syringes delivered, sold, or
  1 15 possessed through an approved needle exchange program.
  1 16    Currently, a person who illegally manufactures, delivers,
  1 17 sells, or possesses drug paraphernalia commits a simple
  1 18 misdemeanor under Code section 124.414.  Current law also
  1 19 provides that "drug paraphernalia" does not include hypodermic
  1 20 needles or syringes if manufactured, delivered, sold, or
  1 21 possessed for a lawful purpose. The bill specifies that
  1 22 "lawful purpose" includes hypodermic needles or syringes
  1 23 delivered, sold, or possessed through an approved needle
  1 24 exchange program established pursuant to rules adopted by the
  1 25 department of public health.
       LSB 5117YH (2) 87
       jm/rh