Senate File 406 - Introduced
SENATE FILE 406
BY BOLKCOM, PETERSEN, J.
SMITH, TRONE GARRIOTT, and
DOTZLER
A BILL FOR
1 An Act relating to marijuana, including the manufacture,
2 delivery, and possession of marijuana and the licensure of
3 retail marijuana, providing fees, including excise taxes,
4 establishing funds, and including penalties.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 CRIMINAL PENALTIES
3 Section 1. Section 124.401, subsection 1, unnumbered
4 paragraph 1, Code 2021, 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 2021, is amended by striking the
17 subparagraph.
18 Sec. 3. Section 124.401, subsection 1, paragraph b,
19 subparagraph (6), Code 2021, is amended by striking the
20 subparagraph.
21 Sec. 4. Section 124.401, subsection 1, paragraph c,
22 subparagraph (5), Code 2021, is amended by striking the
23 subparagraph.
24 Sec. 5. Section 124.401, subsection 1, paragraph c,
25 subparagraph (9), Code 2021, 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 2021, 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, unnumbered paragraph
5 2, Code 2021, is amended to read as follows:
6 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 2021, 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 2021, 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 2021, 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 2021, 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. 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 a. More than twenty-two kilograms shall be a class “C”
3 felony.
4 b. More than two kilograms but not more than twenty-two
5 kilograms shall be a class “D” felony.
6 c. More than twelve ounces but not more than two kilograms
7 shall be an aggravated misdemeanor.
8 d. More than four ounces but not more than twelve ounces
9 shall be punishable as a serious misdemeanor.
10 e. Four ounces or less shall be punishable as a simple
11 misdemeanor, except as provided in section 124F.3.
12 2. a. It is unlawful for any person knowingly or
13 intentionally to possess marijuana unless such substance was
14 obtained directly from, or pursuant to, a valid prescription
15 or order of a practitioner while acting in the course of the
16 practitioner’s professional practice, or except as otherwise
17 authorized by this subsection. A violation of this subsection
18 involving the possession of the following amounts of marijuana
19 shall be punishable as follows:
20 (1) More than six ounces but not more than twelve ounces is
21 a serious misdemeanor.
22 (2) More than one-half ounce but not more than six ounces
23 is a simple misdemeanor.
24 (3) One-half ounce or less is not a criminal offense but
25 shall be assessed as a civil penalty in the amount of one
26 hundred dollars, except if the person is under twenty-one years
27 of age, the person commits a serious misdemeanor.
28 (a) The civil penalty shall be collected by the clerk of the
29 district court pursuant to section 602.8105, subsection 5.
30 (b) Any records relating to the civil penalty shall not
31 be displayed for public viewing on the Iowa court information
32 system.
33 (c) Any records relating to the civil penalty shall not
34 be kept in the criminal history data files maintained by the
35 department of public safety. Any records relating to the civil
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1 penalty shall not be disseminated to other criminal or juvenile
2 justice agencies.
3 b. Notwithstanding paragraph “a”, a municipality may, by
4 ordinance, allow for the legal possession of marijuana.
5 3. a. A person shall not possess, and a retail marijuana
6 store not sell, in a single transaction, retail marijuana in
7 excess of the following amounts:
8 (1) For a resident of Iowa twenty-one years of age or older:
9 (a) Thirty grams of marijuana flower.
10 (b) Five grams of marijuana concentrate.
11 (c) Five hundred milligrams of tetrahydrocannabinol
12 contained in a product infused with marijuana.
13 (2) For a person twenty-one years of age or older who is not
14 a resident of Iowa:
15 (a) Fifteen grams of marijuana flower.
16 (b) Two and one-half grams of marijuana concentrate.
17 (c) Two hundred fifty milligrams of tetrahydrocannabinol
18 contained in a product infused with marijuana.
19 b. A person in possession of retail marijuana in excess of
20 the amounts specified in paragraph “a” equivalent to the amounts
21 specified in subsection 2, paragraph “a”, shall be subject to
22 the penalties in subsection 2, paragraph “a”.
23 c. A retail marijuana store in violation of this subsection
24 shall be subject to licensee discipline pursuant to section
25 124F.20.
26 d. For purposes of this subsection, “retail marijuana” and
27 “retail marijuana store” mean the same as defined in section
28 124F.7.
29 4. Upon the expiration of two years following a conviction
30 for a violation of subsection 2, paragraph “a”, subparagraph
31 (3), or for a violation of subsection 2, paragraph “b”,
32 subparagraph (2), a person may petition the court to expunge
33 the conviction, and if the person has had no other criminal
34 convictions, other than local traffic violations or simple
35 misdemeanor violations of chapter 321 during the two-year
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1 period, the conviction shall be expunged as a matter of
2 law. The court shall enter an order that the record of the
3 conviction be expunged by the clerk of the district court.
4 Notwithstanding section 692.2, after receipt of notice from
5 the clerk of the district court that a record of conviction
6 has been expunged pursuant to this subsection, the record of
7 conviction shall be removed from the criminal history data
8 files maintained by the department of public safety.
9 Sec. 14. NEW SECTION. 124F.3 Delivery or possession with
10 the intent to deliver —— small amounts.
11 If the amount of marijuana delivered or possessed with
12 intent to deliver is one ounce or less and no remuneration was
13 provided, the defendant shall not be prosecuted for a violation
14 of this subchapter.
15 Sec. 15. NEW SECTION. 124F.4 Juvenile offenses.
16 The juvenile court shall have exclusive original
17 jurisdiction in a proceeding concerning a minor who is alleged
18 to have committed a violation of this subchapter.
19 Sec. 16. NEW SECTION. 124F.5 Marijuana use in public.
20 1. Marijuana shall not be consumed in areas open and
21 accessible to the public, including but not limited to public
22 transportation facilities, sporting or music venues, parks,
23 playgrounds, sidewalks and roads, outdoor cafes, or indoor but
24 public locations.
25 2. A person who violates this section commits a simple
26 misdemeanor punishable as a scheduled violation under section
27 805.8C, subsection 14.
28 3. Upon the expiration of two years following conviction
29 for a violation of subsection 1, a person may petition the
30 court to expunge the conviction, and if the person has had no
31 other criminal convictions, other than local traffic violations
32 or simple misdemeanor violations of chapter 321 during the
33 two-year period, the conviction shall be expunged as a matter
34 of law. The court shall enter an order that the record of the
35 conviction be expunged by the clerk of the district court.
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1 Notwithstanding section 692.2, after receipt of notice from
2 the clerk of the district court that a record of conviction
3 has been expunged pursuant to this subsection, the record of
4 conviction shall be removed from the criminal history data
5 files maintained by the department of public safety.
6 Sec. 17. NEW SECTION. 321.284B Marijuana in motor vehicles.
7 1. A driver of a motor vehicle upon a public street or
8 highway shall not use marijuana in the passenger area of the
9 motor vehicle. “Passenger area” means the area designed to
10 seat the driver and passengers while the motor vehicle is in
11 operation and any area that is readily accessible to the driver
12 or a passenger while in their seating positions, including the
13 glove compartment.
14 2. A driver or passenger of or in a motor vehicle upon a
15 public street or highway shall not possess marijuana in the
16 passenger area of a motor vehicle except in a sealed, odor
17 proof, child resistant container.
18 3. For the purposes of this section, “marijuana” means the
19 same as defined in section 124.401.
20 4. A person who knowingly violates a provision of this
21 section is guilty of a simple misdemeanor.
22 Sec. 18. Section 602.8105, Code 2021, 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 “a”, subparagraph (3).
27 Sec. 19. Section 805.8C, Code 2021, is amended by adding the
28 following new subsection:
29 NEW SUBSECTION. 14. Marijuana violations. For marijuana
30 use in public violations under section 124F.5, the scheduled
31 fine is fifty dollars for a first violation, and one hundred
32 dollars for a second or subsequent violation.
33 Sec. 20. REPEAL. Section 124.410, Code 2021, is repealed.
34 DIVISION II
35 RETAIL MARIJUANA
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1 Sec. 21. NEW SECTION. 124F.6 Purpose and findings.
2 The general assembly finds all of the following:
3 1. Marijuana prohibition, like alcohol prohibition before
4 it, has been a wasteful and destructive failure. About half
5 of Americans admit to having used marijuana despite more than
6 eight decades of prohibition.
7 2. The prohibition of marijuana has had an unfair, disparate
8 impact on persons and communities of color.
9 3. The prohibition of marijuana diverts law enforcement
10 resources from violent and property crimes and subjects
11 civilians to unnecessary police interactions.
12 4. Keeping marijuana illegal deprives the state of
13 thousands of legal jobs and hundreds of millions of dollars in
14 tax revenue.
15 5. The use of marijuana should be legal for persons
16 twenty-one years of age or older and subject to taxation and
17 regulation.
18 Sec. 22. NEW SECTION. 124F.7 Definitions.
19 For the purposes of this subchapter:
20 1. “Division” means the alcoholic beverages division of the
21 department of commerce.
22 2. “Immature plant” means a nonflowering marijuana plant
23 that is no taller than eight inches and no wider than eight
24 inches, is produced from a cutting, clipping, or seedling, and
25 is in a cultivating container.
26 3. “License” means a license or registration issued pursuant
27 to this subchapter.
28 4. “Licensed premises” means the premises specified in an
29 application for a license under this subchapter, which are
30 owned or in possession of the licensee and within which the
31 licensee is authorized to cultivate, manufacture, distribute,
32 sell, or test retail marijuana and retail marijuana products in
33 accordance with this subchapter.
34 5. “Licensee” means a person licensed or registered pursuant
35 to this sub