Bill Text: IA SSB1005 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to the reclassification of marijuana, including tetrahydrocannabinols, and the possession of marijuana, and providing a penalty.
Spectrum: Unknown
Status: (Introduced - Dead) 2015-01-14 - Judiciary: Sodders Chair,Hogg, and Schneider. [SSB1005 Detail]
Download: Iowa-2015-SSB1005-Introduced.html
Senate
Study
Bill
1005
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
relating
to
the
reclassification
of
marijuana,
including
1
tetrahydrocannabinols,
and
the
possession
of
marijuana,
and
2
providing
a
penalty.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
124.204,
subsection
4,
paragraphs
m
and
1
u,
Code
2015,
are
amended
by
striking
the
paragraphs.
2
Sec.
2.
Section
124.204,
subsection
7,
Code
2015,
is
amended
3
by
striking
the
subsection.
4
Sec.
3.
Section
124.206,
subsection
7,
Code
2015,
is
amended
5
to
read
as
follows:
6
7.
Hallucinogenic
substances.
Unless
specifically
excepted
7
or
unless
listed
in
another
schedule,
any
material,
compound,
8
mixture,
or
preparation
which
contains
any
quantity
of
the
9
following
substances
,
or,
for
purposes
of
paragraphs
“a”
and
10
“b”
,
which
contains
any
of
its
salts,
isomers,
or
salts
of
11
isomers
whenever
the
existence
of
such
salts,
isomers,
or
salts
12
of
isomers
is
possible
within
the
specific
chemical
designation
13
(for
purposes
of
this
paragraph
only,
the
term
“isomer”
includes
14
the
optical,
positional,
and
geometric
isomers)
:
15
a.
Marijuana
when
used
for
medicinal
purposes
pursuant
to
16
rules
of
the
board
.
17
b.
Tetrahydrocannabinols,
meaning
tetrahydrocannabinols
18
naturally
contained
in
a
plant
of
the
genus
Cannabis
(Cannabis
19
plant)
as
well
as
synthetic
equivalents
of
the
substances
20
contained
in
the
Cannabis
plant,
or
in
the
resinous
extractives
21
of
such
plant,
and
synthetic
substances,
derivatives,
and
their
22
isomers
with
similar
chemical
structure
and
pharmacological
23
activity
to
those
substances
contained
in
the
plant,
such
as
24
the
following:
25
(1)
1
cis
or
trans
tetrahydrocannabinol,
and
their
optical
26
isomers.
27
(2)
6
cis
or
trans
tetrahydrocannabinol,
and
their
optical
28
isomers.
29
(3)
3,4
cis
or
trans
tetrahydrocannabinol,
and
their
30
optical
isomers.
(Since
nomenclature
of
these
substances
31
is
not
internationally
standardized,
compounds
of
these
32
structures,
regardless
of
numerical
designation
of
atomic
33
positions
covered.)
34
b.
c.
Nabilone
[another
name
for
35
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nabilone:
(+-)
-
1
trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
2
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one].
3
Sec.
4.
Section
124.401,
subsection
5,
Code
2015,
is
amended
4
to
read
as
follows:
5
5.
It
is
unlawful
for
any
person
knowingly
or
intentionally
6
to
possess
a
controlled
substance
unless
such
substance
was
7
obtained
directly
from,
or
pursuant
to,
a
valid
prescription
8
or
order
of
a
practitioner
while
acting
in
the
course
of
the
9
practitioner’s
professional
practice,
or
except
as
otherwise
10
authorized
by
this
chapter
.
Any
Except
as
otherwise
provided
11
in
this
subsection,
any
person
who
violates
this
subsection
12
is
guilty
of
a
serious
misdemeanor
for
a
first
offense.
A
13
person
who
commits
a
violation
of
this
subsection
and
who
has
14
previously
been
convicted
of
violating
this
chapter
or
chapter
15
124A
,
124B
,
or
453B
is
guilty
of
an
aggravated
misdemeanor.
16
A
person
who
commits
a
violation
of
this
subsection
and
has
17
previously
been
convicted
two
or
more
times
of
violating
this
18
chapter
or
chapter
124A
,
124B
,
or
453B
is
guilty
of
a
class
“D”
19
felony.
20
a.
(1)
If
Except
as
provided
in
subparagraph
(4),
if
the
21
controlled
substance
is
marijuana,
the
punishment
shall
be
by
22
imprisonment
in
the
county
jail
for
not
more
than
six
months
or
23
by
a
fine
of
not
more
than
one
thousand
dollars,
or
by
both
such
24
fine
and
imprisonment
for
a
first
offense.
25
(2)
If
the
controlled
substance
is
marijuana
and
the
person
26
has
been
previously
convicted
of
a
violation
of
this
subsection
27
in
which
the
controlled
substance
was
marijuana,
the
punishment
28
shall
be
as
provided
in
section
903.1,
subsection
1
,
paragraph
29
“b”
.
30
(3)
If
the
controlled
substance
is
marijuana
and
the
person
31
has
been
previously
convicted
two
or
more
times
of
a
violation
32
of
this
subsection
in
which
the
controlled
substance
was
33
marijuana,
the
person
is
guilty
of
an
aggravated
misdemeanor.
34
(4)
If
the
controlled
substance
is
five
grams
or
less
of
35
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marijuana
and
subparagraphs
(2)
and
(3)
do
not
apply,
the
1
person
is
guilty
of
a
simple
misdemeanor.
2
(5)
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
with
6
the
provisions
of
chapter
124D
.
For
purposes
of
this
paragraph
7
subparagraph
,
“cannabidiol”
means
the
same
as
defined
in
section
8
124D.2
.
9
b.
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
c.
If
a
person
commits
a
violation
of
this
subsection
,
the
16
court
shall
order
the
person
to
serve
a
term
of
imprisonment
of
17
not
less
than
forty-eight
hours.
Any
sentence
imposed
may
be
18
suspended,
and
the
court
shall
place
the
person
on
probation
19
upon
such
terms
and
conditions
as
the
court
may
impose.
If
20
the
person
is
not
sentenced
to
confinement
under
the
custody
21
of
the
director
of
the
department
of
corrections,
the
terms
22
and
conditions
of
probation
shall
require
submission
to
random
23
drug
testing.
If
the
person
fails
a
drug
test,
the
court
may
24
transfer
the
person’s
placement
to
any
appropriate
placement
25
permissible
under
the
court
order.
26
d.
If
the
controlled
substance
is
amphetamine,
its
salts,
27
isomers,
or
salts
of
its
isomers,
or
methamphetamine,
its
28
salts,
isomers,
or
salts
of
its
isomers,
the
court
shall
order
29
the
person
to
serve
a
term
of
imprisonment
of
not
less
than
30
forty-eight
hours.
Any
sentence
imposed
may
be
suspended,
31
and
the
court
shall
place
the
person
on
probation
upon
such
32
terms
and
conditions
as
the
court
may
impose.
The
court
may
33
place
the
person
on
intensive
probation.
However,
the
terms
34
and
conditions
of
probation
shall
require
submission
to
random
35
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drug
testing.
If
the
person
fails
a
drug
test,
the
court
may
1
transfer
the
person’s
placement
to
any
appropriate
placement
2
permissible
under
the
court
order.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
reclassification
of
marijuana
7
including
tetrahydrocannabinols
and
the
possession
of
8
marijuana.
9
The
bill
reclassifies
marijuana,
including
10
tetrahydrocannabinols,
as
a
schedule
II
controlled
substance
11
instead
of
a
schedule
I
controlled
substance
and
strikes
12
references
to
the
authority
of
the
board
of
pharmacy
to
adopt
13
rules
for
the
use
of
marijuana
or
tetrahydrocannabinols
for
14
medicinal
purposes.
15
A
schedule
I
controlled
substance
is
a
highly
addictive
16
substance
that
has
no
accepted
medical
use
in
the
United
States
17
and
a
schedule
II
controlled
substance
is
a
highly
addictive
18
substance
that
has
an
accepted
medical
use
in
the
United
19
States.
The
reclassification
of
marijuana
from
a
schedule
I
20
controlled
substance
to
a
schedule
II
controlled
substance
21
would
allow
a
physician
to
issue
a
prescription
for
marijuana
22
under
state
law.
However,
federal
regulations
may
prohibit
23
such
prescriptions.
24
Except
for
the
penalty
for
a
first-offense
possession
of
25
five
grams
or
less
of
marijuana,
the
penalties
remain
unchanged
26
for
violations
involving
marijuana
under
the
bill.
The
27
penalties
under
Code
section
124.401
range
from
a
class
“B”
28
felony
punishable
by
up
to
50
years
of
confinement
to
a
serious
29
misdemeanor
punishable
by
up
to
six
months
of
confinement
30
depending
on
the
amount
of
marijuana
involved
in
the
offense.
31
Under
the
bill,
a
person
who
possesses
five
grams
or
less
32
of
marijuana
commits
a
simple
misdemeanor
for
a
first
offense.
33
A
simple
misdemeanor
is
punishable
by
confinement
for
no
more
34
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
$625
35
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or
by
both.
1
Current
law
specifies
that
a
person
who
commits
first
2
offense
possession
of
marijuana
commits
a
serious
misdemeanor
3
punishable
by
confinement
for
not
more
than
six
months
or
by
4
a
fine
of
not
more
than
$1,000
or
by
both.
The
bill
does
not
5
modify
the
penalty
for
second
offense
possession
of
marijuana
6
which
is
punishable
by
confinement
for
no
more
than
one
year
7
and
a
fine
of
at
least
$315
but
not
more
than
$1,875.
The
bill
8
also
does
not
modify
the
penalty
for
a
third
or
subsequent
9
possession
of
marijuana
offense
which
is
punishable
by
10
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
11
$625
but
not
more
than
$6,250.
12
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