Bill Text: IA HF2241 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the manufacture, delivery, or possession of marijuana and the possession of drug paraphernalia, and providing penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-02-02 - Introduced, referred to Public Safety. H.J. 174. [HF2241 Detail]
Download: Iowa-2021-HF2241-Introduced.html
House
File
2241
-
Introduced
HOUSE
FILE
2241
BY
ANDERSON
,
HUNTER
,
OLSON
,
and
ABDUL-SAMAD
A
BILL
FOR
An
Act
relating
to
the
manufacture,
delivery,
or
possession
1
of
marijuana
and
the
possession
of
drug
paraphernalia,
and
2
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124.401,
subsection
1,
paragraph
d,
Code
1
2022,
is
amended
to
read
as
follows:
2
d.
Violation
Except
as
otherwise
provided
in
this
paragraph,
3
a
violation
of
this
subsection
,
with
respect
to
any
other
4
controlled
substances,
counterfeit
substances,
simulated
5
controlled
substances,
or
imitation
controlled
substances
6
classified
in
schedule
IV
or
V
including
a
violation
of
this
7
subsection
involving
less
than
forty-two
and
one-half
grams
8
of
marijuana
that
was
offered
for
sale
is
an
aggravated
9
misdemeanor.
However,
10
(1)
A
violation
of
this
subsection
involving
fifty
11
kilograms
or
less
of
marijuana
or
involving
flunitrazepam
is
a
12
class
“D”
felony.
13
(2)
A
violation
of
this
subsection
involving
less
than
14
forty-two
and
one-half
grams
of
marijuana
that
was
not
offered
15
for
sale
is
punishable
by
a
civil
penalty
as
provided
in
16
section
124.401H.
17
Sec.
2.
NEW
SECTION
.
124.401H
Small
amount
of
marijuana
——
18
drug
paraphernalia
——
reasonable
suspicion
——
civil
penalty.
19
1.
A
person
who
commits
a
violation
of
section
124.401,
20
subsection
1,
involving
less
than
forty-two
and
one-half
grams
21
of
marijuana
that
was
not
offered
for
sale
shall
be
assessed
a
22
civil
penalty
in
the
amount
of
twenty-five
dollars.
23
2.
A
person
who
commits
a
violation
of
section
124.414,
24
if
the
drug
paraphernalia
was
not
offered
for
sale,
shall
be
25
assessed
a
civil
penalty
in
the
amount
of
twenty-five
dollars.
26
3.
This
section
shall
not
be
construed
to
allow
any
of
the
27
following:
28
a.
The
sale
of
marijuana
or
drug
paraphernalia.
29
b.
The
use
of
marijuana
or
the
display
of
drug
paraphernalia
30
in
a
public
place.
31
c.
The
possession,
manufacture,
or
delivery
of
marijuana
or
32
drug
paraphernalia
in
the
workplace.
33
d.
An
employer’s
regulation
of
marijuana
use
by
an
employee
34
outside
of
regular
work
hours.
35
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e.
Operating
a
motor
vehicle,
motorboat,
or
sailboat
while
1
under
the
influence
of
marijuana.
2
f.
Prohibiting
any
person,
business,
organization,
or
3
other
entity,
or
a
governmental
agency
that
occupies,
owns,
4
or
controls
any
real
property,
from
prohibiting
or
regulating
5
the
possession,
manufacture,
or
delivery
of
marijuana
on
such
6
property.
7
4.
A
peace
officer
shall
confiscate
all
visible
marijuana
8
or
drug
paraphernalia
associated
with
a
violation
punishable
9
pursuant
to
this
section.
10
5.
The
existence
of
any
of
the
following
circumstances
11
shall
not
constitute
reasonable
suspicion
of
a
crime
either
12
individually
or
in
combination,
unless
the
peace
officer
is
13
investigating
a
person
for
suspicion
of
operating
a
motor
14
vehicle,
motorboat,
or
sailboat
while
under
the
influence
of
15
marijuana:
16
a.
The
odor
of
marijuana.
17
b.
The
possession
of,
or
the
suspicion
of
the
possession
of,
18
marijuana,
without
evidence
that
the
quantity
of
marijuana
is
19
equal
to
or
greater
than
forty-two
and
one-half
grams.
20
c.
The
possession
of
multiple
containers
of
marijuana
21
without
evidence
that
the
quantity
of
marijuana
is
equal
to
or
22
greater
than
forty-two
and
one-half
grams.
23
d.
The
possession
of
marijuana
in
proximity
to
any
amount
of
24
cash
without
evidence
that
the
quantity
of
marijuana
is
equal
25
to
or
greater
than
forty-two
and
one-half
grams.
26
6.
A
civil
penalty
assessed
pursuant
to
this
section
shall
27
be
collected
by
the
clerk
of
the
district
court
and
shall
be
28
distributed
as
provided
in
section
602.8105,
subsection
4.
29
Sec.
3.
Section
124.414,
subsection
3,
Code
2022,
is
amended
30
to
read
as
follows:
31
3.
A
person
who
violates
this
section
commits
a
simple
32
misdemeanor.
However,
if
the
drug
paraphernalia
was
not
33
offered
for
sale,
the
violation
shall
be
punishable
by
a
civil
34
penalty
as
provided
in
section
124.401H.
35
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Sec.
4.
Section
602.8105,
subsection
4,
Code
2022,
is
1
amended
to
read
as
follows:
2
4.
The
clerk
of
the
district
court
shall
collect
a
civil
3
penalty
assessed
against
a
retailer
person
pursuant
to
4
section
124.401H
or
against
a
retailer
pursuant
to
section
5
126.23B
.
Any
moneys
collected
from
the
civil
penalty
shall
be
6
distributed
to
the
city
or
county
that
brought
the
enforcement
7
action
for
a
violation
of
section
124.401H
or
126.23A
.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
manufacture,
delivery,
or
12
possession
of
marijuana,
the
possession
of
drug
paraphernalia,
13
and
provides
penalties.
14
The
bill
provides
that
a
person
who
violates
Code
section
15
124.401(1)(d)
relating
to
the
manufacture,
delivery,
or
16
possession
of
marijuana
involving
less
than
42.5
grams
of
17
marijuana
that
was
not
offered
for
sale
shall
be
assessed
18
a
civil
penalty.
If
less
than
42.5
grams
of
marijuana
was
19
offered
for
sale,
the
violation
is
an
aggravated
misdemeanor.
20
Current
law
specifies
that
a
violation
of
this
Code
section
21
involving
50
kilograms
or
less
of
marijuana
is
a
class
“D”
22
felony.
23
The
bill
provides
that
a
person
who
violates
Code
section
24
124.414
involving
drug
paraphernalia
that
was
not
offered
25
for
sale
shall
be
assessed
a
civil
penalty
in
the
amount
of
26
$25
to
be
collected
by
the
clerk
of
the
district
court
to
be
27
distributed
to
the
city
or
county
that
brought
the
enforcement
28
action.
Current
law
provides
that
a
violation
of
Code
section
29
124.414
is
a
simple
misdemeanor.
30
The
bill
shall
not
be
construed
to
allow
any
of
the
31
following:
the
sale
of
marijuana
or
drug
paraphernalia;
the
32
use
of
marijuana
or
the
display
of
drug
paraphernalia
in
a
33
public
place;
the
possession,
manufacture,
or
delivery
of
34
marijuana
or
drug
paraphernalia
in
the
workplace;
an
employer’s
35
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H.F.
2241
regulation
of
marijuana
use
by
an
employee
outside
of
regular
1
work
hours;
the
operation
of
a
motor
vehicle,
motorboat,
or
2
sailboat
while
under
the
influence
of
marijuana;
or
prohibiting
3
any
person,
business,
organization,
or
a
governmental
agency
4
that
occupies,
owns,
or
controls
any
real
property,
from
5
prohibiting
or
regulating
marijuana
on
such
property.
6
The
bill
specifies
that
the
existence
of
any
of
the
following
7
circumstances
shall
not
constitute
reasonable
suspicion
of
a
8
crime
either
individually
or
in
combination,
unless
the
peace
9
officer
is
investigating
a
person
for
suspicion
of
operating
a
10
motor
vehicle,
motorboat,
or
sailboat
while
under
the
influence
11
of
marijuana:
the
odor
of
marijuana;
the
possession
of,
or
the
12
suspicion
of
the
possession
of,
marijuana,
without
evidence
13
that
the
quantity
of
marijuana
is
equal
to
or
greater
than
14
42.5
grams;
the
possession
of
multiple
containers
of
marijuana
15
without
evidence
that
the
quantity
of
marijuana
is
equal
to
16
or
greater
than
42.5
grams;
and
the
possession
of
marijuana
17
in
proximity
to
any
amount
of
cash
without
evidence
that
the
18
quantity
of
marijuana
is
equal
to
or
greater
than
42.5
grams.
19
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