House File 442 - Introduced
HOUSE FILE 442
BY KONFRST, JAMES,
ZABNER, BAGNIEWSKI,
WESSEL-KROESCHELL, OLSON,
AMOS JR., NIELSEN, STAED,
STECKMAN, WILSON, EHLERT,
TUREK, MATSON, SCHOLTEN,
KRESSIG, BROWN-POWERS,
LEVIN, KURTH, BAETH,
COOLING, CAHILL, SRINIVAS,
WILBURN, SCHEETZ, MADISON,
ABDUL-SAMAD, B. MEYER,
CROKEN, GJERDE, and BUCK
A BILL FOR
1 An Act relating to marijuana, including the manufacture,
2 delivery, and possession of marijuana, the licensure of
3 retail marijuana, and medical cannabis, providing fees,
4 including excise taxes, establishing funds, providing
5 penalties, and including effective date provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 MARIJUANA —— CRIMINAL PENALTIES
3 Section 1. Section 124.401, subsection 1, unnumbered
4 paragraph 1, Code 2023, is amended to read as follows:
5 Except as authorized by this chapter or chapter 124E or
6 124F, it is unlawful for any person to manufacture, deliver, or
7 possess with the intent to manufacture or deliver, a controlled
8 substance, a counterfeit substance, a simulated controlled
9 substance, or an imitation controlled substance, or to act
10 with, enter into a common scheme or design with, or conspire
11 with one or more other persons to manufacture, deliver, or
12 possess with the intent to manufacture or deliver a controlled
13 substance, a counterfeit substance, a simulated controlled
14 substance, or an imitation controlled substance.
15 Sec. 2. Section 124.401, subsection 1, paragraph a,
16 subparagraph (6), Code 2023, is amended by striking the
17 subparagraph.
18 Sec. 3. Section 124.401, subsection 1, paragraph b,
19 subparagraph (6), Code 2023, is amended by striking the
20 subparagraph.
21 Sec. 4. Section 124.401, subsection 1, paragraph c,
22 subparagraph (5), Code 2023, is amended by striking the
23 subparagraph.
24 Sec. 5. Section 124.401, subsection 1, paragraph c,
25 subparagraph (9), Code 2023, is amended to read as follows:
26 (9) Any other controlled substance, counterfeit substance,
27 simulated controlled substance, or imitation controlled
28 substance classified in schedule I, II, or III, except as
29 provided in paragraph “d”, or in chapter 124E or 124F.
30 Sec. 6. Section 124.401, subsection 1, paragraph d, Code
31 2023, is amended to read as follows:
32 d. Violation of this subsection, with respect to any other
33 controlled substances, counterfeit substances, simulated
34 controlled substances, or imitation controlled substances
35 classified in schedule IV or V is an aggravated misdemeanor.
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1 However, violation of this subsection involving fifty kilograms
2 or less of marijuana or involving flunitrazepam is a class “D”
3 felony.
4 Sec. 7. Section 124.401, subsection 5, paragraph b, Code
5 2023, is amended to read as follows:
6 b. If the controlled substance is marijuana, the punishment
7 shall be by imprisonment in the county jail for not more than
8 six months or by a fine of not more than one thousand dollars,
9 or by both such fine and imprisonment for a first offense. If
10 the controlled substance is marijuana and the person has been
11 previously convicted of a violation of this subsection in which
12 the controlled substance was marijuana, the punishment shall be
13 as provided in section 903.1, subsection 1, paragraph “b”. If
14 the controlled substance is marijuana and the person has been
15 previously convicted two or more times of a violation of this
16 subsection in which the controlled substance was marijuana,
17 the person is guilty of an aggravated misdemeanor. This
18 subsection does not apply to the possession of marijuana which
19 is punishable pursuant to chapter 124F.
20 Sec. 8. Section 124.401G, unnumbered paragraph 1, Code
21 2023, is amended to read as follows:
22 Notwithstanding any provision of this chapter to the
23 contrary, a person shall not be guilty of an offense under
24 this chapter, including under section 124.401 or 124.410,
25 for producing, possessing, using, harvesting, handling,
26 manufacturing, marketing, transporting, delivering, or
27 distributing the plant cannabis, if all of the following apply:
28 Sec. 9. Section 124.407, subsection 2, Code 2023, is amended
29 to read as follows:
30 2. a. Any person who violates this section and where the
31 controlled substance is any one a controlled substance other
32 than marijuana is guilty of a class “D” felony.
33 b. Any person who violates this section, and where the
34 controlled substance is marijuana only, is guilty of a serious
35 misdemeanor.
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1 Sec. 10. Section 124.411, subsection 2, Code 2023, is
2 amended to read as follows:
3 2. For purposes of this section, an offense is considered
4 a second or subsequent offense, if, prior to the person’s
5 having been convicted of the offense, the offender has ever
6 been convicted under this chapter or under any state or federal
7 statute relating to narcotic drugs or cocaine, marijuana,
8 depressant, stimulant, or hallucinogenic drugs.
9 Sec. 11. Section 124.413, subsection 2, Code 2023, is
10 amended to read as follows:
11 2. This section shall not apply if:
12 a. The offense is found to be an accommodation pursuant to
13 section 124.410; or
14 b. The the controlled substance is marijuana.
15 Sec. 12. NEW SECTION. 124F.1 Definitions.
16 As used in this subchapter:
17 1. “Counterfeit substance” means the same as defined in
18 section 124.101.
19 2. “Imitation controlled substance” means the same as
20 defined in section 124.101.
21 3. “Marijuana” means the same as defined in section 124.101,
22 and includes a counterfeit substance, imitation controlled
23 substance, or simulated controlled substance containing a
24 detectable amount of marijuana.
25 4. “Simulated controlled substance” means the same as
26 defined in section 124.101.
27 Sec. 13. NEW SECTION. 124F.2 Marijuana —— penalties.
28 1. a. Except as otherwise provided in this subchapter and
29 chapter 124E, it is unlawful for any person to manufacture,
30 deliver, or possess with the intent to manufacture or deliver
31 marijuana, or to act with, enter into a common scheme or
32 design with, or conspire with one or more other persons to
33 manufacture, deliver, or possess with the intent to manufacture
34 or deliver marijuana. A violation of this subsection involving
35 the following amounts of marijuana shall be punishable as
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1 follows:
2 (1) More than fifty kilograms shall be a class “C” felony.
3 (2) More than two kilograms but not more than fifty
4 kilograms shall be a class “D” felony.
5 (3) More than twelve ounces but not more than two kilograms
6 shall be an aggravated misdemeanor.
7 (4) More than four ounces but not more than twelve ounces
8 shall be punishable as a serious misdemeanor.
9 (5) Four ounces or less shall be punishable as a simple
10 misdemeanor, except as provided in section 124F.3.
11 b. In addition to any other penalties provided in this
12 subsection, a person who is eighteen years of age or older
13 who unlawfully manufactures with the intent to distribute,
14 distributes, or possesses with the intent to distribute
15 marijuana to another person who is eighteen years of age or
16 older in or on, or within one thousand feet of, the real
17 property comprising a public or private elementary or secondary
18 school, public park, public swimming pool, public recreation
19 center, or on a marked school bus, may be sentenced up to an
20 additional term of confinement of five years.
21 2. It is unlawful for any person knowingly or intentionally
22 to possess marijuana unless such substance was obtained
23 directly from, or pursuant to, a valid prescription or order of
24 a practitioner while acting in the course of the practitioner’s
25 professional practice, or except as otherwise authorized by
26 this subsection. A violation of this subsection involving
27 the possession of the following amounts of marijuana shall be
28 punishable as follows:
29 a. More than six ounces but not more than twelve ounces is
30 a serious misdemeanor.
31 b. More than one-half ounce but not more than six ounces is
32 a simple misdemeanor.
33 c. One-half ounce or less is not a criminal offense but
34 shall be assessed as a civil penalty in the amount of one
35 hundred dollars, except if the person is under twenty-one years
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1 of age, the person shall complete a drug awareness program and
2 ten hours of unpaid community service, and shall notify the
3 person’s parents or legal guardian.
4 (1) The civil penalty shall be collected by the clerk of the
5 district court pursuant to section 602.8105, subsection 5.
6 (2) Any records relating to the civil penalty shall not
7 be displayed for public viewing on the Iowa court information
8 system.
9 (3) Any records relating to the civil penalty shall not
10 be kept in the criminal history data files maintained by the
11 department of public safety. Any records relating to the civil
12 penalty shall not be disseminated to other criminal or juvenile
13 justice agencies.
14 3. a. A retail marijuana store shall not sell retail
15 marijuana in excess of the following amounts in a single
16 transaction:
17 (1) Thirty grams of marijuana flower.
18 (2) Five hundred milligrams of tetrahydrocannabinol
19 contained in a product infused with marijuana.
20 b. A person shall not possess more than five ounces of
21 marijuana flower.
22 c. A person in possession of retail marijuana in excess of
23 the amounts specified in paragraph “a” equivalent to the amounts
24 specified in subsection 2, shall be subject to the penalties in
25 subsection 2.
26 d. A retail marijuana store in violation of this subsection
27 shall be subject to licensee discipline pursuant to section
28 124F.16.
29 e. For purposes of this subsection, “retail marijuana” and
30 “retail marijuana store” mean the same as defined in section
31 124F.4.
32 4. a. Upon the expiration of two years following a
33 conviction for a violation of subsection 2, paragraph “a” or
34 “b”, a person may petition the court to expunge the conviction,
35 and if the person has had no other criminal convictions, other
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1 than local traffic violations or simple misdemeanor violations
2 of chapter 321 during the two-year period, the conviction
3 shall be expunged as a matter of law. The court shall enter
4 an order that the record of the conviction be expunged by the
5 clerk of the district court. Notwithstanding section 692.2,
6 after receipt of notice from the clerk of the district court
7 that a record of conviction has been expunged pursuant to this
8 subsection, the record of conviction shall be removed from the
9 criminal history data files maintained by the department of
10 public safety.
11 b. On the effective date of this Act, each court shall
12 review its records to identify persons who have been convicted
13 of an offense based on conduct allowed under this Act. Each
14 such conviction shall be expunged as a matter of law as
15 provided in paragraph “a”.
16 Sec. 14. NEW SECTION. 124F.3 Juvenile offenses.
17 The juvenile court shall have exclusive original
18 jurisdiction in a proceeding concerning a minor who is alleged
19 to have committed a violation of this subchapter.
20 Sec. 15. NEW SECTION. 321.284B Marijuana in motor vehicles.
21 1. A driver of a motor vehicle upon a public street or
22 highway shall not use marijuana in the passenger area of the
23 motor vehicle. “Passenger area” means the area designed to
24 seat the driver and passengers while the motor vehicle is in
25 operation and any area that is readily accessible to the driver
26 or a passenger while in their seating positions, including the
27 glove compartment.
28 2. A driver or passenger of or in a motor vehicle upon a
29 public street or highway shall not possess marijuana in the
30 passenger area of a motor vehicle except in a sealed, odor
31 proof, child resistant container.
32 3. For the purposes of this section, “marijuana” means the
33 same as defined in section 124.401.
34 4. A person who knowingly violates a provision of this
35 section is guilty of a simple misdemeanor.
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1 Sec. 16. Section 321J.2, subsection 1, paragraph c, Code
2 2023, is amended to read as follows:
3 c. While Except as provided in section 321J.2C, any amount
4 of a controlled substance is present in the person, as measured
5 in the person’s blood or urine.
6 Sec. 17. NEW SECTION. 321J.2C Operating while under the
7 influence of marijuana.
8 1. A person shall not operate a motor vehicle in this state
9 while having fifty nanograms of tetrahydrocannabinol in the
10 person, as measured in the person’s blood.
11 2. A person who violates subsection 1 is guilty of a serious
12 misdemeanor, punishable as follows:
13 a. For a first offense, revocation of the person’s driver’s
14 license for a period of one hundred eighty days, except that if
15 the person refused to submit to chemical testing, the person’s
16 driver’s license shall be revoked for a period of one year.
17 b. For a second or subsequent offense, revocation of the
18 person’s driver’s license for a period of one year, except
19 that if the person refused to submit to chemical testing, the
20 person’s driver’s license shall be revoked for a period of two
21 years.
22 Sec. 18. Section 602.8105, Code 2022, is amended by adding
23 the following new subsection:
24 NEW SUBSECTION. 5. The clerk of the district court shall
25 collect the civil penalty assessed pursuant to section 124F.2,
26 subsection 2, paragraph “c”, subparagraph (1).
27 Sec. 19. NEW SECTION. 901C.4 Felony offenses related to
28 marijuana —— expungement.
29 1. In addition to the expungement provisions available
30 to a defendant convicted of a misdemeanor marijuana offense
31 under chapter 124, upon application of a defendant convicted
32 of a felony offense under chapter 124 in the county where the
33 conviction occurred, related to the possession or transfer of
34 marijuana, the court shall enter an order expunging the record
35 of such a criminal case.
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1 2. A person shall be granted an expungement of a record
2 under this section one time in the person’s lifetime. However,
3 the one application may request the expungement of records
4 relating to more than one nonviolent offense under this section
5 if the offenses arose from the same transaction or occurrence,
6 and the application contains the offenses to be expunged.
7 3. The expunged record under this section is a confidential
8 record exempt from public access under section 22.7 but shall
9 be made available by the clerk of the district court upon court
10 order.
11 4. Notwithstanding section 692.2, after receipt of
12 notice from the clerk of the district court that a record of
13 conviction has been expunged under subsection 1, the record
14 of conviction shall be removed from the criminal history data
15 files maintained by the department of public safety if such a
16 record was maintained in the criminal history data files.
17 5. The supreme court may prescribe rules governing the
18 procedures applicable to the expungement of a criminal case
19 under this section.
20 6. This section applies to a felony conviction that occurred
21 prior to January 1, 2024.
22 Sec. 20. REPEAL. Section 124.410, Code 2023, is repealed.
23 DIVISION II
24 RETAIL MARIJUANA
25 Sec. 21. NEW SECTION. 1