Bill Text: IA HF2313 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession and distribution of marijuana, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-19 - Introduced, referred to Public Safety. H.J. 278. [HF2313 Detail]
Download: Iowa-2013-HF2313-Introduced.html
House
File
2313
-
Introduced
HOUSE
FILE
2313
BY
HUNTER
A
BILL
FOR
An
Act
relating
to
the
possession
and
distribution
of
1
marijuana,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
124.401,
subsection
1,
paragraph
1
a,
subparagraph
(6),
Code
2014,
is
amended
by
striking
the
2
subparagraph.
3
Sec.
2.
Section
124.401,
subsection
1,
paragraph
b,
4
subparagraph
(6),
Code
2014,
is
amended
by
striking
the
5
subparagraph.
6
Sec.
3.
Section
124.401,
subsection
1,
paragraph
c,
7
subparagraph
(5),
Code
2014,
is
amended
by
striking
the
8
subparagraph.
9
Sec.
4.
Section
124.401,
subsection
1,
paragraph
d,
Code
10
2014,
is
amended
to
read
as
follows:
11
d.
Violation
of
this
subsection
,
with
respect
to
any
other
12
controlled
substances,
counterfeit
substances,
or
simulated
13
controlled
substances
classified
in
section
124.204,
subsection
14
4,
paragraph
“ai”
,
or
section
124.204,
subsection
6
,
paragraph
15
“i”
,
or
classified
in
schedule
IV
or
V
is
an
aggravated
16
misdemeanor.
However,
violation
of
this
subsection
involving
17
fifty
kilograms
or
less
of
marijuana
or
involving
flunitrazepam
18
is
a
class
“D”
felony.
A
person
who
manufactures
or
delivers
19
marijuana,
counterfeit
marijuana,
or
simulated
marijuana,
20
or
acts
with,
enters
into
a
common
scheme
or
design
with,
21
or
conspires
with
one
or
more
other
persons
to
manufacture
22
or
deliver
marijuana,
counterfeit
marijuana,
or
simulated
23
marijuana
shall
be
punished
as
provided
in
section
124.401G.
24
Sec.
5.
Section
124.401,
subsection
5,
unnumbered
paragraph
25
1,
Code
2014,
is
amended
to
read
as
follows:
26
It
is
unlawful
for
any
person
knowingly
or
intentionally
27
to
possess
a
controlled
substance
unless
such
substance
was
28
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
29
or
order
of
a
practitioner
while
acting
in
the
course
of
the
30
practitioner’s
professional
practice,
or
except
as
otherwise
31
authorized
by
this
chapter
.
Any
person
who
violates
this
32
subsection
is
guilty
of
a
serious
misdemeanor
for
a
first
33
offense.
A
person
who
possesses
marijuana
shall
be
punished
as
34
provided
in
section
124.401G.
A
person
who
commits
a
violation
35
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of
this
subsection
and
who
has
previously
been
convicted
of
1
violating
this
chapter
or
chapter
124A
,
124B
,
or
453B
is
guilty
2
of
an
aggravated
misdemeanor.
A
person
who
commits
a
violation
3
of
this
subsection
and
has
previously
been
convicted
two
or
4
more
times
of
violating
this
chapter
or
chapter
124A
,
124B
,
or
5
453B
is
guilty
of
a
class
“D”
felony.
6
Sec.
6.
Section
124.401,
subsection
5,
unnumbered
paragraph
7
2,
Code
2014,
is
amended
by
striking
the
unnumbered
paragraph.
8
Sec.
7.
NEW
SECTION
.
124.401G
Marijuana.
9
1.
It
is
unlawful
for
any
person
to
knowingly
or
10
intentionally
possess
or
possess
with
the
intent
to
manufacture
11
or
deliver
marijuana.
Notwithstanding
any
other
law
to
the
12
contrary,
the
penalties
for
possession
of
or
possession
with
13
the
intent
to
manufacture
or
deliver
marijuana
shall
be
as
14
follows:
15
a.
A
violation
of
this
subsection
involving
more
than
one
16
thousand
kilograms
of
marijuana
or
a
mixture
or
substance
17
containing
a
detectable
amount
of
marijuana
is
a
class
“B”
18
felony,
and
notwithstanding
section
902.9,
subsection
1,
19
paragraph
“b”
,
shall
be
punished
by
confinement
for
no
more
than
20
fifty
years
and
a
fine
of
not
more
than
one
million
dollars.
21
b.
A
violation
of
this
subsection
involving
more
than
one
22
hundred
kilograms
but
not
more
than
one
thousand
kilograms
23
of
marijuana
is
a
class
“B”
felony,
and
in
addition
to
the
24
provisions
of
section
902.9,
subsection
1,
paragraph
“b”
,
shall
25
be
punished
by
a
fine
of
not
less
than
five
thousand
dollars
26
nor
more
than
one
hundred
thousand
dollars.
27
c.
A
violation
of
this
subsection
involving
more
than
fifty
28
kilograms
but
not
more
than
one
hundred
kilograms
of
marijuana
29
is
a
class
“C”
felony,
and
in
addition
to
the
provisions
of
30
section
902.9,
subsection
1,
paragraph
“d”
,
shall
be
punished
31
by
a
fine
of
not
less
than
one
thousand
dollars
nor
more
than
32
fifty
thousand
dollars.
33
d.
A
violation
involving
more
than
one
kilogram
but
not
more
34
than
fifty
kilograms
of
marijuana
is
a
class
“D”
felony.
35
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e.
A
violation
of
this
subsection
involving
at
least
1
forty-two
and
one-half
grams
but
not
more
than
one
kilogram
of
2
marijuana
is
a
simple
misdemeanor.
3
f.
(1)
A
violation
of
this
subsection
involving
less
4
than
forty-two
and
one-half
grams
of
marijuana
is
a
simple
5
misdemeanor
punishable
as
a
scheduled
violation
under
section
6
805.8A,
subsection
14,
paragraph
“m”
.
7
(2)
If
the
violation
under
this
paragraph
“f”
is
within
8
one
thousand
feet
of
the
real
property
comprising
a
public
or
9
private
elementary
or
secondary
school,
the
violation
is
a
10
simple
misdemeanor.
11
2.
It
is
unlawful
for
any
person
to
manufacture
or
deliver
12
marijuana,
counterfeit
marijuana,
or
simulated
marijuana,
13
or
to
act
with,
enter
into
a
common
scheme
or
design
with,
14
or
conspire
with
one
or
more
other
persons
to
manufacture
15
or
deliver
marijuana,
counterfeit
marijuana,
or
simulated
16
marijuana.
Notwithstanding
any
other
law
to
the
contrary,
17
the
penalties
for
a
violation
of
this
subsection
shall
be
as
18
follows:
19
a.
A
violation
of
this
subsection
involving
more
than
one
20
thousand
kilograms
of
marijuana
or
a
mixture
or
substance
21
containing
a
detectable
amount
of
marijuana
is
a
class
“B”
22
felony,
and
notwithstanding
section
902.9,
subsection
1,
23
paragraph
“b”
,
shall
be
punished
by
confinement
for
no
more
than
24
fifty
years
and
a
fine
of
not
more
than
one
million
dollars.
25
b.
A
violation
of
this
subsection
involving
more
than
one
26
hundred
kilograms
but
not
more
than
one
thousand
kilograms
27
of
marijuana
is
a
class
“B”
felony
and
in
addition
to
the
28
provisions
of
section
902.9,
subsection
1,
paragraph
“b”
,
shall
29
be
punished
by
a
fine
of
not
less
than
one
thousand
dollars
nor
30
more
than
fifty
thousand
dollars.
31
c.
A
violation
of
this
subsection
involving
more
than
fifty
32
kilograms
but
not
more
than
one
hundred
kilograms
of
marijuana
33
is
a
class
“C”
felony,
and
in
addition
to
the
provisions
of
34
section
902.9,
subsection
1,
paragraph
“d”
,
shall
be
punished
35
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by
a
fine
of
not
less
than
one
thousand
dollars
nor
more
than
1
fifty
thousand
dollars.
2
d.
A
violation
involving
more
than
one
kilogram
but
not
more
3
than
fifty
kilograms
of
marijuana
is
a
class
“D”
felony.
4
e.
A
violation
of
this
subsection
involving
at
least
5
forty-two
and
one-half
grams
but
not
more
than
one
kilogram
of
6
marijuana
is
a
serious
misdemeanor.
7
f.
(1)
A
violation
of
this
subsection
involving
less
than
8
forty-two
and
one-half
grams
but
more
than
twenty-eight
and
9
one-half
grams
of
marijuana
is
a
serious
misdemeanor.
10
(2)
If
the
violation
under
this
paragraph
“f”
involves
11
a
delivery
without
compensation,
the
violation
is
a
simple
12
misdemeanor
punishable
as
a
scheduled
violation
under
section
13
805.8A,
subsection
14,
paragraph
“n”
,
subparagraph
(1).
14
g.
(1)
A
violation
of
this
subsection
involving
15
twenty-eight
and
one-half
grams
or
less
of
marijuana
is
a
16
simple
misdemeanor.
17
(2)
If
the
violation
under
this
paragraph
“g”
involves
18
a
delivery
without
compensation,
the
violation
is
a
simple
19
misdemeanor
punishable
as
a
scheduled
violation
under
section
20
805.8A,
subsection
14,
paragraph
“n”
,
subparagraph
(2).
21
Sec.
8.
Section
124.407,
unnumbered
paragraph
3,
Code
2014,
22
is
amended
by
striking
the
unnumbered
paragraph.
23
Sec.
9.
Section
124.413,
subsection
2,
Code
2014,
is
amended
24
by
striking
the
subsection.
25
Sec.
10.
Section
805.8A,
subsection
14,
Code
2014,
is
26
amended
by
adding
the
following
new
paragraphs:
27
NEW
PARAGRAPH
.
m.
Marijuana
possession
violations.
For
28
violations
under
section
124.401G,
subsection
1,
paragraph
“f”
,
29
subparagraph
(1),
the
scheduled
fine
is
three
hundred
dollars.
30
NEW
PARAGRAPH
.
n.
Marijuana
manufacture
or
delivery
31
violations.
32
(1)
For
violations
under
section
124.401G,
subsection
2,
33
paragraph
“f”
,
subparagraph
(2),
the
scheduled
fine
is
five
34
hundred
dollars.
35
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(2)
For
violations
under
section
124.401G,
subsection
2,
1
paragraph
“g”
,
subparagraph
(2),
the
scheduled
fine
is
three
2
hundred
dollars.
3
Sec.
11.
REPEAL.
Section
124.410,
Code
2014,
is
repealed.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
relates
to
the
criminal
penalties
for
marijuana.
8
The
bill
strikes
certain
criminal
penalties
for
9
manufacturing,
delivering,
possessing,
or
possessing
with
10
the
intent
to
manufacture
or
deliver,
marijuana,
counterfeit
11
marijuana,
or
simulated
marijuana,
or
to
act
with,
enter
12
into
a
common
scheme
or
design
with,
or
conspire
with
one
or
13
more
other
persons
to
manufacture,
deliver,
or
possess
with
14
the
intent
to
manufacture
or
deliver
marijuana,
counterfeit
15
marijuana,
or
simulated
marijuana.
16
The
bill
also
repeals
the
accommodation
offense
in
Code
17
section
124.410
relating
to
the
delivery
of
marijuana.
18
The
bill
does
not
change
the
criminal
penalties
relating
19
to
marijuana
if
the
violation
involves
any
of
the
following:
20
a
violation
involving
more
than
1,000
kilograms
remains
a
21
class
“B”
felony,
punishable
by
confinement
for
no
more
than
22
50
years;
a
violation
involving
more
than
100
kilograms
but
23
not
more
than
1,000
kilograms
remains
a
class
“B”
felony,
24
punishable
by
no
more
than
25
years
of
confinement;
a
violation
25
involving
more
than
50
kilograms
but
not
more
than
100
26
kilograms
remains
a
class
“C”
felony;
and
a
violation
involving
27
more
than
one
kilogram
but
not
more
than
50
kilograms
remains
a
28
class
“D”
felony.
29
The
bill
specifies
new
criminal
penalties
for
marijuana
30
violations
involving
less
than
one
kilogram
of
marijuana.
31
Under
the
bill,
it
is
unlawful
for
any
person
to
knowingly
or
32
intentionally
possess
or
possess
with
the
intent
to
manufacture
33
or
deliver
marijuana,
and
if
a
person
violates
this
provision
34
the
person
commits
the
following:
if
the
violation
involves
at
35
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2313
least
42.5
grams
but
not
more
than
one
kilogram
the
violation
1
is
a
simple
misdemeanor;
if
the
violation
involves
less
than
2
42.5
grams
the
violation
is
a
simple
misdemeanor
punishable
3
with
a
scheduled
fine
of
$300,
but
if
the
violation
is
near
4
a
school
the
penalty
is
a
simple
misdemeanor
not
a
scheduled
5
violation.
6
Under
the
bill,
it
is
unlawful
for
any
person
to
manufacture
7
or
deliver
marijuana,
counterfeit
marijuana,
or
simulated
8
marijuana,
or
to
act
with,
enter
into
a
common
scheme
or
design
9
with,
or
conspire
with
one
or
more
other
persons
to
manufacture
10
or
deliver
marijuana,
counterfeit
marijuana,
or
simulated
11
marijuana,
and
if
a
person
violates
this
provision
the
person
12
commits
the
following:
if
the
violation
involves
at
least
13
42.5
grams
but
not
more
than
one
kilogram
the
violation
is
an
14
aggravated
misdemeanor;
if
the
violation
involves
less
than
15
42.5
grams
but
more
than
28.5
grams
the
violation
is
a
serious
16
misdemeanor,
but
if
the
violation
does
not
involve
compensation
17
the
violation
becomes
a
simple
misdemeanor
punishable
as
a
18
scheduled
fine
in
the
amount
of
$500;
if
the
violation
involves
19
28.5
grams
or
less
the
violation
is
a
simple
misdemeanor,
but
20
if
the
violation
does
not
involve
compensation
the
violation
21
becomes
a
simple
misdemeanor
punishable
as
a
scheduled
fine
in
22
the
amount
of
$300.
23
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