Senate File 407 - Introduced
SENATE FILE 407
BY BOLKCOM, PETERSEN, J.
SMITH, TRONE GARRIOTT,
CELSI, T. TAYLOR, BOULTON,
JOCHUM, BISIGNANO, and
DOTZLER
A BILL FOR
1 An Act relating to marijuana, including the manufacture,
2 delivery, and possession of marijuana, providing fees,
3 providing penalties, and including effective date
4 provisions.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 124.401, subsection 1, unnumbered
2 paragraph 1, Code 2021, is amended to read as follows:
3 Except as authorized by this chapter or chapter 124E or
4 124F, it is unlawful for any person to manufacture, deliver, or
5 possess with the intent to manufacture or deliver, a controlled
6 substance, a counterfeit substance, a simulated controlled
7 substance, or an imitation controlled substance, or to act
8 with, enter into a common scheme or design with, or conspire
9 with one or more other persons to manufacture, deliver, or
10 possess with the intent to manufacture or deliver a controlled
11 substance, a counterfeit substance, a simulated controlled
12 substance, or an imitation controlled substance.
13 Sec. 2. Section 124.401, subsection 1, paragraph a,
14 subparagraph (6), Code 2021, is amended by striking the
15 subparagraph.
16 Sec. 3. Section 124.401, subsection 1, paragraph b,
17 subparagraph (6), Code 2021, is amended by striking the
18 subparagraph.
19 Sec. 4. Section 124.401, subsection 1, paragraph c,
20 subparagraph (5), Code 2021, is amended by striking the
21 subparagraph.
22 Sec. 5. Section 124.401, subsection 1, paragraph c,
23 subparagraph (9), Code 2021, is amended to read as follows:
24 (9) Any other controlled substance, counterfeit substance,
25 simulated controlled substance, or imitation controlled
26 substance classified in schedule I, II, or III, except as
27 provided in paragraph “d”, or in chapter 124E or 124F.
28 Sec. 6. Section 124.401, subsection 1, paragraph d, Code
29 2021, is amended to read as follows:
30 d. Violation of this subsection, with respect to any other
31 controlled substances, counterfeit substances, simulated
32 controlled substances, or imitation controlled substances
33 classified in schedule IV or V is an aggravated misdemeanor.
34 However, violation of this subsection involving fifty kilograms
35 or less of marijuana or involving flunitrazepam is a class “D”
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1 felony.
2 Sec. 7. Section 124.401, subsection 5, unnumbered paragraph
3 2, Code 2021, is amended to read as follows:
4 If the controlled substance is marijuana, the punishment
5 shall be by imprisonment in the county jail for not more than
6 six months or by a fine of not more than one thousand dollars,
7 or by both such fine and imprisonment for a first offense. If
8 the controlled substance is marijuana and the person has been
9 previously convicted of a violation of this subsection in which
10 the controlled substance was marijuana, the punishment shall be
11 as provided in section 903.1, subsection 1, paragraph “b”. If
12 the controlled substance is marijuana and the person has been
13 previously convicted two or more times of a violation of this
14 subsection in which the controlled substance was marijuana,
15 the person is guilty of an aggravated misdemeanor. This
16 subsection does not apply to the possession of marijuana which
17 is punishable pursuant to chapter 124F.
18 Sec. 8. Section 124.401G, unnumbered paragraph 1, Code
19 2021, is amended to read as follows:
20 Notwithstanding any provision of this chapter to the
21 contrary, a person shall not be guilty of an offense under
22 this chapter, including under section 124.401 or 124.410,
23 for producing, possessing, using, harvesting, handling,
24 manufacturing, marketing, transporting, delivering, or
25 distributing the plant cannabis, if all of the following apply:
26 Sec. 9. Section 124.407, subsection 2, Code 2021, is amended
27 to read as follows:
28 2. a. Any person who violates this section and where the
29 controlled substance is any one a controlled substance other
30 than marijuana is guilty of a class “D” felony.
31 b. Any person who violates this section, and where the
32 controlled substance is marijuana only, is guilty of a serious
33 misdemeanor.
34 Sec. 10. Section 124.411, subsection 2, Code 2021, is
35 amended to read as follows:
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1 2. For purposes of this section, an offense is considered
2 a second or subsequent offense, if, prior to the person’s
3 having been convicted of the offense, the offender has ever
4 been convicted under this chapter or under any state or federal
5 statute relating to narcotic drugs or cocaine, marijuana,
6 depressant, stimulant, or hallucinogenic drugs.
7 Sec. 11. Section 124.413, subsection 2, Code 2021, is
8 amended to read as follows:
9 2. This section shall not apply if:
10 a. The offense is found to be an accommodation pursuant to
11 section 124.410; or
12 b. The the controlled substance is marijuana.
13 Sec. 12. NEW SECTION. 124F.1 Definitions.
14 As used in this subchapter:
15 1. “Counterfeit substance” means the same as defined in
16 section 124.101.
17 2. “Imitation controlled substance” means the same as
18 defined in section 124.101.
19 3. “Marijuana” means the same as defined in section 124.101,
20 and includes a counterfeit substance, imitation controlled
21 substance, or simulated controlled substance containing a
22 detectable amount of marijuana.
23 4. “Simulated controlled substance” means the same as
24 defined in section 124.101.
25 Sec. 13. NEW SECTION. 124F.2 Marijuana —— penalties.
26 1. Except as otherwise provided in this subchapter and
27 chapter 124E, it is unlawful for any person to manufacture,
28 deliver, or possess with the intent to manufacture or deliver
29 marijuana, or to act with, enter into a common scheme or
30 design with, or conspire with one or more other persons to
31 manufacture, deliver, or possess with the intent to manufacture
32 or deliver marijuana. A violation of this subsection involving
33 the following amounts of marijuana shall be punishable as
34 follows:
35 a. More than twenty-two kilograms shall be a class “C”
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1 felony.
2 b. More than two kilograms but not more than twenty-two
3 kilograms shall be a class “D” felony.
4 c. More than twelve ounces but not more than two kilograms
5 shall be an aggravated misdemeanor.
6 d. More than four ounces but not more than twelve ounces
7 shall be punishable as a serious misdemeanor.
8 e. Four ounces or less shall be punishable as a simple
9 misdemeanor, except as provided in section 124F.3.
10 2. a. It is unlawful for any person knowingly or
11 intentionally to possess marijuana unless such substance was
12 obtained directly from, or pursuant to, a valid prescription
13 or order of a practitioner while acting in the course of the
14 practitioner’s professional practice, or except as otherwise
15 authorized by this subsection. A violation of this subsection
16 involving the possession of the following amounts of marijuana
17 shall be punishable as follows:
18 (1) More than six ounces but not more than twelve ounces is
19 a serious misdemeanor.
20 (2) More than one-half ounce but not more than six ounces
21 is a simple misdemeanor.
22 (3) One-half ounce or less is not a criminal offense but
23 shall be assessed as a civil penalty in the amount of one
24 hundred dollars, except if the person is under twenty-one years
25 of age, the person commits a serious misdemeanor.
26 (a) The civil penalty shall be collected by the clerk of the
27 district court pursuant to section 602.8105, subsection 5.
28 (b) Any records relating to the civil penalty shall not
29 be displayed for public viewing on the Iowa court information
30 system.
31 (c) Any records relating to the civil penalty shall not
32 be kept in the criminal history data files maintained by the
33 department of public safety. Any records relating to the civil
34 penalty shall not be disseminated to other criminal or juvenile
35 justice agencies.
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1 b. Notwithstanding paragraph “a”, a municipality may, by
2 ordinance, allow for the legal possession of marijuana.
3 3. Upon the expiration of two years following a conviction
4 for a violation of subsection 2, paragraph “a”, subparagraph
5 (3), or for a violation of subsection 2, paragraph “b”,
6 subparagraph (2), a person may petition the court to expunge
7 the conviction, and if the person has had no other criminal
8 convictions, other than local traffic violations or simple
9 misdemeanor violations of chapter 321 during the two-year
10 period, the conviction shall be expunged as a matter of
11 law. The court shall enter an order that the record of the
12 conviction be expunged by the clerk of the district court.
13 Notwithstanding section 692.2, after receipt of notice from
14 the clerk of the district court that a record of conviction
15 has been expunged pursuant to this subsection, the record of
16 conviction shall be removed from the criminal history data
17 files maintained by the department of public safety.
18 Sec. 14. NEW SECTION. 124F.3 Delivery or possession with
19 the intent to deliver —— small amounts.
20 If the amount of marijuana delivered or possessed with
21 intent to deliver is one ounce or less and no remuneration was
22 provided, the defendant shall not be prosecuted for a violation
23 of this subchapter.
24 Sec. 15. NEW SECTION. 124F.4 Juvenile offenses.
25 The juvenile court shall have exclusive original
26 jurisdiction in a proceeding concerning a minor who is alleged
27 to have committed a violation of this subchapter.
28 Sec. 16. NEW SECTION. 124F.5 Marijuana use in public.
29 1. Marijuana shall not be consumed in areas open and
30 accessible to the public, including but not limited to public
31 transportation facilities, sporting or music venues, parks,
32 playgrounds, sidewalks and roads, outdoor cafes, or indoor but
33 public locations.
34 2. A person who violates this section commits a simple
35 misdemeanor punishable as a scheduled violation under section
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1 805.8C, subsection 14.
2 3. Upon the expiration of two years following conviction
3 for a violation of subsection 1, a person may petition the
4 court to expunge the conviction, and if the person has had no
5 other criminal convictions, other than local traffic violations
6 or simple misdemeanor violations of chapter 321 during the
7 two-year period, the conviction shall be expunged as a matter
8 of law. The court shall enter an order that the record of the
9 conviction be expunged by the clerk of the district court.
10 Notwithstanding section 692.2, after receipt of notice from
11 the clerk of the district court that a record of conviction
12 has been expunged pursuant to this subsection, the record of
13 conviction shall be removed from the criminal history data
14 files maintained by the department of public safety.
15 Sec. 17. Section 602.8105, Code 2021, is amended by adding
16 the following new subsection:
17 NEW SUBSECTION. 5. The clerk of the district court shall
18 collect the civil penalty assessed pursuant to section 124F.2,
19 subsection 2, paragraph “a”, subparagraph (3).
20 Sec. 18. Section 805.8C, Code 2021, is amended by adding the
21 following new subsection:
22 NEW SUBSECTION. 14. Marijuana violations. For marijuana
23 use in public violations under section 124F.5, the scheduled
24 fine is fifty dollars for a first violation, and one hundred
25 dollars for a second or subsequent violation.
26 Sec. 19. REPEAL. Section 124.410, Code 2021, is repealed.
27 Sec. 20. EFFECTIVE DATE. This Act takes effect January 1,
28 2022.
29 EXPLANATION
30 The inclusion of this explanation does not constitute agreement with
31 the explanation’s substance by the members of the general assembly.
32 This bill modifies criminal penalties relating to marijuana
33 by eliminating and modifying certain criminal provisions in
34 Code chapter 124 (uniform controlled substances Act), and
35 transferring certain criminal provisions from Code chapter 124
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1 to new Code chapter 124F.
2 MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER
3 MARIJUANA. The bill provides that an unauthorized person
4 commits a class “C” felony punishable by confinement for
5 no more than 10 years and a fine of at least $1,370 but not
6 more than $13,660 if the person violates new Code section
7 124F.2(1)(a) and the controlled substance involves more than
8 22 kilograms of marijuana. Currently, such a person commits
9 a class “B” felony punishable by confinement of no more than
10 50 years if the controlled substance involves more than 1,000
11 kilograms of a mixture or substance containing a detectable
12 amount of marijuana, or a class “B” felony punishable by
13 confinement of no more than 25 years if the controlled
14 substance involves more than 100 kilograms of marijuana but not
15 more than 1,000 kilograms.
16 The bill provides that an unauthorized person commits a
17 class “D” felony if the person violates new Code section
18 124F.2(1)(b) and the controlled substance involves more than
19 2 kilograms of marijuana but not more than 22 kilograms. A
20 class “D” felony is punishable by confinement for no more than
21 five years and a fine of at least $1,025 but not more than
22 $10,245. Currently, such a person commits a class “C” felony
23 if the controlled substance involves more than 50 kilograms of
24 marijuana but not more than 100 kilograms.
25 The bill provides that an unauthorized person commits an
26 aggravated misdemeanor if the person violates new Code section
27 124F.2(1)(c) and the controlled substance involves more than
28 12 ounces of marijuana but not more than 2 kilograms. An
29 aggravated misdemeanor is punishable by confinement for no more
30 than two years and a fine of at least $855 but not more than
31 $8,540. Currently, such a person commits a class “D” felony
32 if the controlled substance involves 50 kilograms or less of
33 marijuana.
34 The bill provides that an unauthorized person commits a
35 serious misdemeanor if the person violates new Code section
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1 124F.2(1)(d) and the controlled substance involves more than
2 4 ounces of marijuana but not more than 12 ounces. A serious
3 misdemeanor is punishable by confinement for no more than one
4 year and a fine of at least $430 but not more than $2,560.
5 Currently, such a person commits a class “D” felony.
6 The bill provides that an unauthorized person commits a
7 simple misdemeanor if the person violates new Code section
8 124F.2(1)(e) and the controlled substance involves 4 ounces or
9 less of marijuana except as otherwise provided in the bill. A
10 simple misdemeanor is punishable by confinement for no more
11 than 30 days and a fine of at least $105 but not more than $855.
12 Currently, such a person commits a class “D” felony.
13 POSSESSION OF MARIJUANA. The bill provides that if a person
14 unlawfully possesses more than 6 ounces of marijuana but not
15 more than 12 ounces, the person commits a serious misdemeanor.
16 The bill provides that if a person unlawfully possesses more
17 than one-half ounce of marijuana but not more than 6 ounces,
18 the person commits a simple misdemeanor.
19 The bill provides that if a person 21 years of age or older
20 possesses one-half ounce or less of marijuana, the person
21 does not commit a criminal offense but shall be assessed a
22 civil penalty in the amount of $100. If the person is under
23 21 years of age, the offense shall be punishable as a serious
24 misdemeanor, which may be expunged after two years if the
25 person does not commit additional criminal vi