House File 648 - Introduced
HOUSE FILE 648
BY WOLFE
A BILL FOR
1 An Act relating to the possession, delivery, or possession with
2 intent to deliver marijuana, and modifying penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 124.401, subsection 5, Code 2021, is
2 amended to read as follows:
3 5. a. (1) It is unlawful for any person knowingly or
4 intentionally to possess a controlled substance unless such
5 substance was obtained directly from, or pursuant to, a valid
6 prescription or order of a practitioner while acting in the
7 course of the practitioner’s professional practice, or except
8 as otherwise authorized by this chapter. Any person who
9 violates this subsection is guilty of a serious misdemeanor
10 for a first offense. A person who commits a violation of
11 this subsection and who has previously been convicted of
12 violating this chapter or chapter 124B or 453B, or chapter
13 124A as it existed prior to July 1, 2017, is guilty of an
14 aggravated misdemeanor. A person who commits a violation of
15 this subsection and has previously been convicted two or more
16 times of violating this chapter or chapter 124B or 453B, or
17 chapter 124A as it existed prior to July 1, 2017, is guilty of a
18 class “D” felony.
19 (2) A violation of paragraph “b” shall not be considered a
20 previous conviction for purposes of enhancing a penalty under
21 this paragraph.
22 b. If the controlled substance is marijuana, the punishment
23 shall be by imprisonment in the county jail for not more than
24 six months or by a fine of not more than one thousand dollars,
25 or by both such fine and imprisonment for a first offense. If
26 the controlled substance is marijuana and the person has been
27 previously convicted of a violation of this subsection in which
28 the controlled substance was marijuana, the punishment shall be
29 as provided in section 903.1, subsection 1, paragraph “b”. If
30 the controlled substance is marijuana and the person has been
31 previously convicted two or more times of a violation of this
32 subsection in which the controlled substance was marijuana, the
33 person is guilty of an aggravated misdemeanor offense shall
34 be classified as a simple misdemeanor punishable by up to the
35 maximum fine amount provided in section 903.1, subsection
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1 1, paragraph “a”, but shall not be punishable by a term of
2 imprisonment.
3 c. A person may knowingly or intentionally recommend,
4 possess, use, dispense, deliver, transport, or administer
5 cannabidiol if the recommendation, possession, use, dispensing,
6 delivery, transporting, or administering is in accordance
7 with the provisions of chapter 124E. For purposes of this
8 paragraph, “cannabidiol” means the same as defined in section
9 124E.2.
10 d. All or any part of a sentence imposed pursuant to
11 this subsection may be suspended and the person placed upon
12 probation upon such terms and conditions as the court may
13 impose including the active participation by such person in a
14 drug treatment, rehabilitation or education program approved
15 by the court.
16 e. If a person commits a violation of this subsection,
17 except for a violation of this subsection in which the
18 controlled substance is marijuana, the court shall order
19 the person to serve a term of imprisonment of not less than
20 forty-eight hours. Any sentence imposed may be suspended, and
21 the court shall place the person on probation upon such terms
22 and conditions as the court may impose. If the person is not
23 sentenced to confinement under the custody of the director of
24 the department of corrections, the terms and conditions of
25 probation shall require submission to random drug testing.
26 If the person fails a drug test, the court may transfer the
27 person’s placement to any appropriate placement permissible
28 under the court order.
29 f. If the controlled substance is amphetamine, its salts,
30 isomers, or salts of its isomers, or methamphetamine, its
31 salts, isomers, or salts of its isomers, the court shall order
32 the person to serve a term of imprisonment of not less than
33 forty-eight hours. Any sentence imposed may be suspended,
34 and the court shall place the person on probation upon such
35 terms and conditions as the court may impose. The court may
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1 place the person on intensive probation. However, the terms
2 and conditions of probation shall require submission to random
3 drug testing. If the person fails a drug test, the court may
4 transfer the person’s placement to any appropriate placement
5 permissible under the court order.
6 Sec. 2. Section 124.410, subsection 1, Code 2021, is amended
7 to read as follows:
8 1. In a prosecution for unlawful delivery or possession
9 with intent to deliver marijuana, if the prosecution proves
10 that the defendant violated the provisions of section 124.401,
11 subsection 1, by proving that the defendant delivered or
12 possessed with intent to deliver one-half ounce forty-two and
13 one-half grams or less of marijuana which was not offered for
14 sale, the defendant is guilty of an accommodation offense and
15 rather than being sentenced as if convicted for a violation
16 of section 124.401, subsection 1, paragraph “d”, shall be
17 sentenced as if convicted of a violation of section 124.401,
18 subsection 5, paragraph “a”. An accommodation offense may be
19 proved as an included offense under a charge of delivering or
20 possessing with the intent to deliver marijuana in violation of
21 section 124.401, subsection 1.
22 EXPLANATION
23 The inclusion of this explanation does not constitute agreement with
24 the explanation’s substance by the members of the general assembly.
25 This bill relates to the possession, delivery, or possession
26 with intent to deliver marijuana.
27 The bill modifies the penalty for the possession of
28 marijuana. Under the bill, if a person is convicted of
29 possession of marijuana, the person commits a simple
30 misdemeanor punishable by a fine of at least $105 but not
31 more than $855, but shall not be punishable by a term of
32 imprisonment. The bill also strikes provisions enhancing
33 penalties for multiple convictions for the possession of
34 marijuana.
35 Currently, if a person commits first offense possession
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1 of marijuana, the offense is punishable by imprisonment in
2 the county jail for not more than six months or by a fine
3 of not more than $1,000, or by both. If a person commits a
4 second offense possession of marijuana under current law, the
5 person commits a serious misdemeanor, and a third or subsequent
6 offense is punishable as an aggravated misdemeanor.
7 The bill does not modify the penalty revoking a person’s
8 driver’s license for 180 days if the person is sentenced for
9 possession of marijuana.
10 The bill also modifies the criminal offense of accommodation
11 which relates to the unlawful delivery or possession with
12 intent to deliver marijuana. Under the bill, a person who
13 unlawfully delivers or possesses with the intent to deliver
14 42.5 grams or less of marijuana which was not offered for
15 sale is guilty of an accommodation offense and the offense
16 is punishable as a serious misdemeanor rather than a class
17 “C” felony. Currently, a person is not eligible for an
18 accommodation offense if the offense involves more than
19 one-half ounce (14.17 grams) of marijuana.
20 A simple misdemeanor is punishable by confinement for no
21 more than 30 days or a fine of at least $105 but not more
22 than $855 or by both. A serious misdemeanor is punishable by
23 confinement for no more than one year and a fine of at least
24 $430 but not more than $2,560. An aggravated misdemeanor is
25 punishable by confinement for no more than two years and a fine
26 of at least $855 but not more than $8,540.
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Statutes affected: Introduced: 124.401