Bill Text: IA HF34 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the possession, delivery, or possession with intent to deliver marijuana, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-17 - Introduced, referred to Judiciary. H.J. 91. [HF34 Detail]
Download: Iowa-2019-HF34-Introduced.html
House
File
34
-
Introduced
HOUSE
FILE
34
BY
WOLFE
A
BILL
FOR
An
Act
relating
to
the
possession,
delivery,
or
possession
with
1
intent
to
deliver
marijuana,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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34
Section
1.
Section
124.401,
subsection
5,
Code
2019,
is
1
amended
to
read
as
follows:
2
5.
a.
(1)
It
is
unlawful
for
any
person
knowingly
or
3
intentionally
to
possess
a
controlled
substance
unless
such
4
substance
was
obtained
directly
from,
or
pursuant
to,
a
valid
5
prescription
or
order
of
a
practitioner
while
acting
in
the
6
course
of
the
practitioner’s
professional
practice,
or
except
7
as
otherwise
authorized
by
this
chapter
.
Any
person
who
8
violates
this
subsection
is
guilty
of
a
serious
misdemeanor
9
for
a
first
offense.
A
person
who
commits
a
violation
of
10
this
subsection
and
who
has
previously
been
convicted
of
11
violating
this
chapter
or
chapter
124B
or
453B
,
or
chapter
12
124A
as
it
existed
prior
to
July
1,
2017,
is
guilty
of
an
13
aggravated
misdemeanor.
A
person
who
commits
a
violation
of
14
this
subsection
and
has
previously
been
convicted
two
or
more
15
times
of
violating
this
chapter
or
chapter
124B
or
453B
,
or
16
chapter
124A
as
it
existed
prior
to
July
1,
2017,
is
guilty
of
a
17
class
“D”
felony.
18
(2)
A
violation
of
paragraph
“b”
shall
not
be
considered
a
19
previous
conviction
for
purposes
of
enhancing
a
penalty
under
20
this
paragraph.
21
b.
If
the
controlled
substance
is
marijuana,
the
punishment
22
shall
be
by
imprisonment
in
the
county
jail
for
not
more
than
23
six
months
or
by
a
fine
of
not
more
than
one
thousand
dollars,
24
or
by
both
such
fine
and
imprisonment
for
a
first
offense.
If
25
the
controlled
substance
is
marijuana
and
the
person
has
been
26
previously
convicted
of
a
violation
of
this
subsection
in
which
27
the
controlled
substance
was
marijuana,
the
punishment
shall
be
28
as
provided
in
section
903.1,
subsection
1
,
paragraph
“b”
.
If
29
the
controlled
substance
is
marijuana
and
the
person
has
been
30
previously
convicted
two
or
more
times
of
a
violation
of
this
31
subsection
in
which
the
controlled
substance
was
marijuana,
the
32
person
is
guilty
of
an
aggravated
misdemeanor
offense
shall
33
be
classified
as
a
simple
misdemeanor
punishable
by
up
to
the
34
maximum
fine
amount
provided
in
section
903.1,
subsection
35
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1,
paragraph
“a”
,
but
shall
not
be
punishable
by
a
term
of
1
imprisonment
.
2
c.
A
person
may
knowingly
or
intentionally
recommend,
3
possess,
use,
dispense,
deliver,
transport,
or
administer
4
cannabidiol
if
the
recommendation,
possession,
use,
dispensing,
5
delivery,
transporting,
or
administering
is
in
accordance
6
with
the
provisions
of
chapter
124E
.
For
purposes
of
this
7
paragraph,
“cannabidiol”
means
the
same
as
defined
in
section
8
124E.2
.
9
d.
All
or
any
part
of
a
sentence
imposed
pursuant
to
10
this
subsection
may
be
suspended
and
the
person
placed
upon
11
probation
upon
such
terms
and
conditions
as
the
court
may
12
impose
including
the
active
participation
by
such
person
in
a
13
drug
treatment,
rehabilitation
or
education
program
approved
14
by
the
court.
15
e.
If
a
person
commits
a
violation
of
this
subsection
,
16
except
for
a
violation
of
this
subsection
in
which
the
17
controlled
substance
is
marijuana,
the
court
shall
order
18
the
person
to
serve
a
term
of
imprisonment
of
not
less
than
19
forty-eight
hours.
Any
sentence
imposed
may
be
suspended,
and
20
the
court
shall
place
the
person
on
probation
upon
such
terms
21
and
conditions
as
the
court
may
impose.
If
the
person
is
not
22
sentenced
to
confinement
under
the
custody
of
the
director
of
23
the
department
of
corrections,
the
terms
and
conditions
of
24
probation
shall
require
submission
to
random
drug
testing.
25
If
the
person
fails
a
drug
test,
the
court
may
transfer
the
26
person’s
placement
to
any
appropriate
placement
permissible
27
under
the
court
order.
28
f.
If
the
controlled
substance
is
amphetamine,
its
salts,
29
isomers,
or
salts
of
its
isomers,
or
methamphetamine,
its
30
salts,
isomers,
or
salts
of
its
isomers,
the
court
shall
order
31
the
person
to
serve
a
term
of
imprisonment
of
not
less
than
32
forty-eight
hours.
Any
sentence
imposed
may
be
suspended,
33
and
the
court
shall
place
the
person
on
probation
upon
such
34
terms
and
conditions
as
the
court
may
impose.
The
court
may
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place
the
person
on
intensive
probation.
However,
the
terms
1
and
conditions
of
probation
shall
require
submission
to
random
2
drug
testing.
If
the
person
fails
a
drug
test,
the
court
may
3
transfer
the
person’s
placement
to
any
appropriate
placement
4
permissible
under
the
court
order.
5
Sec.
2.
Section
124.410,
Code
2019,
is
amended
to
read
as
6
follows:
7
124.410
Accommodation
offense.
8
In
a
prosecution
for
unlawful
delivery
or
possession
with
9
intent
to
deliver
marijuana,
if
the
prosecution
proves
that
10
the
defendant
violated
the
provisions
of
section
124.401,
11
subsection
1
,
by
proving
that
the
defendant
delivered
or
12
possessed
with
intent
to
deliver
one-half
ounce
forty-two
and
13
one-half
grams
or
less
of
marijuana
which
was
not
offered
for
14
sale,
the
defendant
is
guilty
of
an
accommodation
offense
and
15
rather
than
being
sentenced
as
if
convicted
for
a
violation
16
of
section
124.401,
subsection
1
,
paragraph
“d”
,
shall
be
17
sentenced
as
if
convicted
of
a
violation
of
section
124.401,
18
subsection
5
,
paragraph
“a”
.
An
accommodation
offense
may
be
19
proved
as
an
included
offense
under
a
charge
of
delivering
or
20
possessing
with
the
intent
to
deliver
marijuana
in
violation
21
of
section
124.401,
subsection
1
.
This
section
does
not
apply
22
to
hashish,
hashish
oil,
or
other
derivatives
of
marijuana
as
23
defined
in
section
124.101,
subsection
20
.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
possession,
delivery,
or
possession
28
with
intent
to
deliver
marijuana.
29
The
bill
modifies
the
penalty
for
the
possession
of
30
marijuana.
Under
the
bill,
if
a
person
is
convicted
of
31
possession
of
marijuana,
the
person
commits
a
simple
32
misdemeanor
punishable
by
a
fine
of
at
least
$65
but
not
33
more
than
$625,
but
shall
not
be
punishable
by
a
term
of
34
imprisonment.
The
bill
also
strikes
provisions
enhancing
35
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34
penalties
for
multiple
convictions
for
the
possession
of
1
marijuana.
2
Currently,
if
a
person
commits
first
offense
possession
3
of
marijuana,
the
offense
is
punishable
by
imprisonment
in
4
the
county
jail
for
not
more
than
six
months
or
by
a
fine
5
of
not
more
than
$1,000,
or
by
both.
If
a
person
commits
a
6
second
offense
possession
of
marijuana
under
current
law,
the
7
person
commits
a
serious
misdemeanor,
and
a
third
or
subsequent
8
offense
is
punishable
as
an
aggravated
misdemeanor.
9
The
bill
does
not
modify
the
penalty
revoking
a
person’s
10
driver’s
license
for
180
days
if
the
person
is
sentenced
for
11
possession
of
marijuana.
12
The
bill
also
modifies
the
criminal
offense
of
accommodation
13
which
relates
to
the
unlawful
delivery
or
possession
with
14
intent
to
deliver
marijuana.
Under
the
bill,
a
person
who
15
unlawfully
delivers
or
possesses
with
the
intent
to
deliver
16
42.5
grams
or
less
of
marijuana
which
was
not
offered
for
17
sale
is
guilty
of
an
accommodation
offense
and
the
offense
18
shall
be
punishable
as
a
serious
misdemeanor
rather
than
a
19
class
“C”
felony.
Currently,
a
person
is
not
eligible
for
20
an
accommodation
offense
if
the
offense
involves
more
than
21
one-half
ounce
(14.17
grams)
of
marijuana.
22
A
simple
misdemeanor
is
punishable
by
confinement
for
no
23
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
24
$625
or
by
both.
A
serious
misdemeanor
is
punishable
by
25
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
26
$315
but
not
more
than
$1,875.
An
aggravated
misdemeanor
is
27
punishable
by
confinement
for
no
more
than
two
years
and
a
fine
28
of
at
least
$625
but
not
more
than
$6,250.
29
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