Bill Text: IA HF60 | 2015-2016 | 86th 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) 2015-01-22 - Subcommittee, Baudler, Fry, and Wolfe. H.J. 143. [HF60 Detail]
Download: Iowa-2015-HF60-Introduced.html
House File 60 - Introduced HOUSE FILE BY HUNTER A BILL FOR 1 An Act relating to the possession and distribution of 2 marijuana, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1230YH (2) 86 jm/nh PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph 1 2 a, subparagraph (6), Code 2015, is amended by striking the 1 3 subparagraph. 1 4 Sec. 2. Section 124.401, subsection 1, paragraph b, 1 5 subparagraph (6), Code 2015, is amended by striking the 1 6 subparagraph. 1 7 Sec. 3. Section 124.401, subsection 1, paragraph c, 1 8 subparagraph (5), Code 2015, is amended by striking the 1 9 subparagraph. 1 10 Sec. 4. Section 124.401, subsection 1, paragraph d, Code 1 11 2015, is amended to read as follows: 1 12 d. Violation of this subsection, with respect to any other 1 13 controlled substances, counterfeit substances, or simulated 1 14 controlled substances classified in section 124.204, subsection 1 15 4, paragraph "ai", or section 124.204, subsection 6, paragraph 1 16 "i", or classified in schedule IV or V is an aggravated 1 17 misdemeanor. However, violation of this subsection involving 1 18fifty kilograms or less of marijuana or involvingflunitrazepam 1 19 is a class "D" felony. A person who manufactures or delivers 1 20 marijuana, counterfeit marijuana, or simulated marijuana, 1 21 or acts with, enters into a common scheme or design with, 1 22 or conspires with one or more other persons to manufacture 1 23 or deliver marijuana, counterfeit marijuana, or simulated 1 24 marijuana shall be punished as provided in section 124.401G. 1 25 Sec. 5. Section 124.401, subsection 5, unnumbered paragraph 1 26 1, Code 2015, is amended to read as follows: 1 27 It is unlawful for any person knowingly or intentionally 1 28 to possess a controlled substance unless such substance was 1 29 obtained directly from, or pursuant to, a valid prescription 1 30 or order of a practitioner while acting in the course of the 1 31 practitioner's professional practice, or except as otherwise 1 32 authorized by this chapter. Any person who violates this 1 33 subsection is guilty of a serious misdemeanor for a first 1 34 offense. A person who possesses marijuana shall be punished as 1 35 provided in section 124.401G. A person who commits a violation 2 1 of this subsection and who has previously been convicted of 2 2 violating this chapter or chapter 124A, 124B, or 453B is guilty 2 3 of an aggravated misdemeanor. A person who commits a violation 2 4 of this subsection and has previously been convicted two or 2 5 more times of violating this chapter or chapter 124A, 124B, or 2 6 453B is guilty of a class "D" felony. 2 7 Sec. 6. Section 124.401, subsection 5, unnumbered paragraph 2 8 2, Code 2015, is amended by striking the unnumbered paragraph. 2 9 Sec. 7. NEW SECTION. 124.401G Marijuana. 2 10 1. It is unlawful for any person to knowingly or 2 11 intentionally possess or possess with the intent to manufacture 2 12 or deliver marijuana. Notwithstanding any other law to the 2 13 contrary, the penalties for possession of or possession with 2 14 the intent to manufacture or deliver marijuana shall be as 2 15 follows: 2 16 a. A violation of this subsection involving more than one 2 17 thousand kilograms of marijuana or a mixture or substance 2 18 containing a detectable amount of marijuana is a class "B" 2 19 felony, and notwithstanding section 902.9, subsection 1, 2 20 paragraph "b", shall be punished by confinement for no more than 2 21 fifty years and a fine of not more than one million dollars. 2 22 b. A violation of this subsection involving more than one 2 23 hundred kilograms but not more than one thousand kilograms 2 24 of marijuana is a class "B" felony, and in addition to the 2 25 provisions of section 902.9, subsection 1, paragraph "b", shall 2 26 be punished by a fine of not less than five thousand dollars 2 27 nor more than one hundred thousand dollars. 2 28 c. A violation of this subsection involving more than fifty 2 29 kilograms but not more than one hundred kilograms of marijuana 2 30 is a class "C" felony, and in addition to the provisions of 2 31 section 902.9, subsection 1, paragraph "d", shall be punished 2 32 by a fine of not less than one thousand dollars nor more than 2 33 fifty thousand dollars. 2 34 d. A violation involving more than one kilogram but not more 2 35 than fifty kilograms of marijuana is a class "D" felony. 3 1 e. A violation of this subsection involving at least 3 2 forty=two and one=half grams but not more than one kilogram of 3 3 marijuana is a simple misdemeanor. 3 4 f. (1) A violation of this subsection involving less 3 5 than forty=two and one=half grams of marijuana is a simple 3 6 misdemeanor punishable as a scheduled violation under section 3 7 805.8A, subsection 14, paragraph "m". 3 8 (2) If the violation under this paragraph "f" is within 3 9 one thousand feet of the real property comprising a public or 3 10 private elementary or secondary school, the violation is a 3 11 simple misdemeanor. 3 12 2. It is unlawful for any person to manufacture or deliver 3 13 marijuana, counterfeit marijuana, or simulated marijuana, 3 14 or to act with, enter into a common scheme or design with, 3 15 or conspire with one or more other persons to manufacture 3 16 or deliver marijuana, counterfeit marijuana, or simulated 3 17 marijuana. Notwithstanding any other law to the contrary, 3 18 the penalties for a violation of this subsection shall be as 3 19 follows: 3 20 a. A violation of this subsection involving more than one 3 21 thousand kilograms of marijuana or a mixture or substance 3 22 containing a detectable amount of marijuana is a class "B" 3 23 felony, and notwithstanding section 902.9, subsection 1, 3 24 paragraph "b", shall be punished by confinement for no more than 3 25 fifty years and a fine of not more than one million dollars. 3 26 b. A violation of this subsection involving more than one 3 27 hundred kilograms but not more than one thousand kilograms 3 28 of marijuana is a class "B" felony and in addition to the 3 29 provisions of section 902.9, subsection 1, paragraph "b", shall 3 30 be punished by a fine of not less than one thousand dollars nor 3 31 more than fifty thousand dollars. 3 32 c. A violation of this subsection involving more than fifty 3 33 kilograms but not more than one hundred kilograms of marijuana 3 34 is a class "C" felony, and in addition to the provisions of 3 35 section 902.9, subsection 1, paragraph "d", shall be punished 4 1 by a fine of not less than one thousand dollars nor more than 4 2 fifty thousand dollars. 4 3 d. A violation involving more than one kilogram but not more 4 4 than fifty kilograms of marijuana is a class "D" felony. 4 5 e. A violation of this subsection involving at least 4 6 forty=two and one=half grams but not more than one kilogram of 4 7 marijuana is a serious misdemeanor. 4 8 f. (1) A violation of this subsection involving less than 4 9 forty=two and one=half grams but more than twenty=eight and 4 10 one=half grams of marijuana is a serious misdemeanor. 4 11 (2) If the violation under this paragraph "f" involves 4 12 a delivery without compensation, the violation is a simple 4 13 misdemeanor punishable as a scheduled violation under section 4 14 805.8A, subsection 14, paragraph "n", subparagraph (1). 4 15 g. (1) A violation of this subsection involving 4 16 twenty=eight and one=half grams or less of marijuana is a 4 17 simple misdemeanor. 4 18 (2) If the violation under this paragraph "g" involves 4 19 a delivery without compensation, the violation is a simple 4 20 misdemeanor punishable as a scheduled violation under section 4 21 805.8A, subsection 14, paragraph "n", subparagraph (2). 4 22 Sec. 8. Section 124.407, unnumbered paragraph 3, Code 2015, 4 23 is amended by striking the unnumbered paragraph. 4 24 Sec. 9. Section 124.413, subsection 2, Code 2015, is amended 4 25 by striking the subsection. 4 26 Sec. 10. Section 805.8A, subsection 14, Code 2015, is 4 27 amended by adding the following new paragraphs: 4 28 NEW PARAGRAPH. m. Marijuana possession violations. For 4 29 violations under section 124.401G, subsection 1, paragraph "f", 4 30 subparagraph (1), the scheduled fine is three hundred dollars. 4 31 NEW PARAGRAPH. n. Marijuana manufacture or delivery 4 32 violations. 4 33 (1) For violations under section 124.401G, subsection 2, 4 34 paragraph "f", subparagraph (2), the scheduled fine is five 4 35 hundred dollars. 5 1 (2) For violations under section 124.401G, subsection 2, 5 2 paragraph "g", subparagraph (2), the scheduled fine is three 5 3 hundred dollars. 5 4 Sec. 11. REPEAL. Section 124.410, Code 2015, is repealed. 5 5 EXPLANATION 5 6 The inclusion of this explanation does not constitute agreement with 5 7 the explanation's substance by the members of the general assembly. 5 8 This bill relates to the criminal penalties for marijuana. 5 9 The bill strikes certain criminal penalties for 5 10 manufacturing, delivering, possessing, or possessing with 5 11 the intent to manufacture or deliver, marijuana, counterfeit 5 12 marijuana, or simulated marijuana, or to act with, enter 5 13 into a common scheme or design with, or conspire with one or 5 14 more other persons to manufacture, deliver, or possess with 5 15 the intent to manufacture or deliver marijuana, counterfeit 5 16 marijuana, or simulated marijuana. 5 17 The bill also repeals the accommodation offense in Code 5 18 section 124.410 relating to the delivery of marijuana. 5 19 The bill does not change the criminal penalties relating 5 20 to marijuana if the violation involves any of the following: 5 21 a violation involving more than 1,000 kilograms remains a 5 22 class "B" felony, punishable by confinement for no more than 5 23 50 years; a violation involving more than 100 kilograms but 5 24 not more than 1,000 kilograms remains a class "B" felony, 5 25 punishable by no more than 25 years of confinement; a violation 5 26 involving more than 50 kilograms but not more than 100 5 27 kilograms remains a class "C" felony; and a violation involving 5 28 more than one kilogram but not more than 50 kilograms remains a 5 29 class "D" felony. 5 30 The bill specifies new criminal penalties for marijuana 5 31 violations involving less than one kilogram of marijuana. 5 32 Under the bill, it is unlawful for any person to knowingly or 5 33 intentionally possess or possess with the intent to manufacture 5 34 or deliver marijuana, and if a person violates this provision 5 35 the person commits the following: if the violation involves at 6 1 least 42.5 grams but not more than one kilogram the violation 6 2 is a simple misdemeanor; if the violation involves less than 6 3 42.5 grams the violation is a simple misdemeanor punishable 6 4 with a scheduled fine of $300, but if the violation is near 6 5 a school the penalty is a simple misdemeanor not a scheduled 6 6 violation. 6 7 Under the bill, it is unlawful for any person to manufacture 6 8 or deliver marijuana, counterfeit marijuana, or simulated 6 9 marijuana, or to act with, enter into a common scheme or design 6 10 with, or conspire with one or more other persons to manufacture 6 11 or deliver marijuana, counterfeit marijuana, or simulated 6 12 marijuana, and if a person violates this provision the person 6 13 commits the following: if the violation involves at least 6 14 42.5 grams but not more than one kilogram the violation is an 6 15 aggravated misdemeanor; if the violation involves less than 6 16 42.5 grams but more than 28.5 grams the violation is a serious 6 17 misdemeanor, but if the violation does not involve compensation 6 18 the violation becomes a simple misdemeanor punishable as a 6 19 scheduled fine in the amount of $500; if the violation involves 6 20 28.5 grams or less the violation is a simple misdemeanor, but 6 21 if the violation does not involve compensation the violation 6 22 becomes a simple misdemeanor punishable as a scheduled fine in 6 23 the amount of $300. 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