Iowa HF 2206: A bill for an act relating to the manufacture, delivery, and possession of marijuana, the licensure of retail marijuana, providing fees, including excise taxes, establishing funds, providing penalties, and including effective date provisions.

Bill Text

House
File
2206
-
Introduced

HOUSE
FILE
2206

BY
AMOS
JR.
,
WICHTENDAHL
,

GAINES
,
LEVIN
,
MADISON
,

McBURNEY
,
RAMIREZ
,
GOSA
,

WILSON
,
SCHOLTEN
,
KRESSIG
,

WILBURN
,
R.
JOHNSON
,
KURTH
,

and
WESSEL-KROESCHELL

A
BILL
FOR

An
Act
relating
to
the
manufacture,
delivery,
and
possession
1

of
marijuana,
the
licensure
of
retail
marijuana,
providing
2

fees,
including
excise
taxes,
establishing
funds,
providing
3

penalties,
and
including
effective
date
provisions.
4

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5

TLSB
5998YH
(3)
91

ss/ko

H.F.
2206

DIVISION
I
1

MARIJUANA
——
CRIMINAL
PENALTIES
2

Section
1.
Section
124.401,
subsection
1,
unnumbered
3

paragraph
1,
Code
2026,
is
amended
to
read
as
follows:
4

Except
as
authorized
by
this
chapter
,
chapter
124E,
or
5

chapter
124F

,
it
is
unlawful
for
any
person
to
manufacture,
6

deliver,
or
possess
with
the
intent
to
manufacture
or
deliver,
7

a
controlled
substance,
a
counterfeit
substance,
a
simulated
8

controlled
substance,
or
an
imitation
controlled
substance,
9

or
to
act
with,
enter
into
a
common
scheme
or
design
with,
10

or
conspire
with
one
or
more
other
persons
to
manufacture,
11

deliver,
or
possess
with
the
intent
to
manufacture
or
deliver
12

a
controlled
substance,
a
counterfeit
substance,
a
simulated
13

controlled
substance,
or
an
imitation
controlled
substance.
14

Sec.
2.
Section
124.401,
subsection
1,
paragraph
a,
15

subparagraph
(6),
Code
2026,
is
amended
by
striking
the
16

subparagraph.
17

Sec.
3.
Section
124.401,
subsection
1,
paragraph
b,
18

subparagraph
(6),
Code
2026,
is
amended
by
striking
the
19

subparagraph.
20

Sec.
4.
Section
124.401,
subsection
1,
paragraph
c,
21

subparagraph
(5),
Code
2026,
is
amended
by
striking
the
22

subparagraph.
23

Sec.
5.
Section
124.401,
subsection
1,
paragraph
c,
24

subparagraph
(9),
Code
2026,
is
amended
to
read
as
follows:
25

(9)
Any
other
controlled
substance,
counterfeit
substance,
26

simulated
controlled
substance,
or
imitation
controlled

27

substance
classified
in
schedule
I,
II,
or
III,
except
as
28

provided
in
paragraph
“d”
,
chapter
124E,
or
chapter
124F

.
29

Sec.
6.
Section
124.401,
subsection
1,
paragraph
d,
Code
30

2026,
is
amended
to
read
as
follows:
31

d.
Violation
of
this
subsection
,
with
respect
to
any
other
32

controlled
substances,
counterfeit
substances,
simulated
33

controlled
substances,
or
imitation
controlled
substances

34

classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
35

-1-

LSB
5998YH
(3)
91

ss/ko
1/
50

H.F.
2206

However,
violation
of
this
subsection
involving
fifty
kilograms
1

or
less
of
marijuana
or
involving

flunitrazepam
is
a
class
“D”
2

felony.
3

Sec.
7.
Section
124.401,
subsection
5,
paragraph
b,
Code
4

2026,
is
amended
to
read
as
follows:
5

b.
If
the
controlled
substance
is
marijuana,
the
punishment
6

shall
be
by
imprisonment
in
the
county
jail
for
not
more
than
7

six
months
or
by
a
fine
of
not
more
than
one
thousand
dollars,
8

or
by
both
such
fine
and
imprisonment
for
a
first
offense.
If

9

the
controlled
substance
is
marijuana
and
the
person
has
been
10

previously
convicted
of
a
violation
of

this
subsection
in
which
11

the
controlled
substance
was
marijuana,
the
punishment
shall
be
12

as
provided
in
section
903.1,
subsection
1
,
paragraph
“b”
.
If
13

the
controlled
substance
is
marijuana
and
the
person
has
been

14

previously
convicted
two
or
more
times
of
a
violation
of
this
15

subsection
in
which
the
controlled
substance
was
marijuana,
16

the
person
is
guilty
of
an
aggravated
misdemeanor.
This
17

subsection
does
not
apply
to
the
possession
of
marijuana
which

18

is
punishable
pursuant
to
chapter
124F.

19

Sec.
8.
Section
124.401G,
Code
2026,
is
amended
to
read
as
20

follows:
21

124.401G
Iowa
hemp
Act.
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,
to
the
extent
that
the
person
28

is
a
USDA
licensee
acting
in
accordance
with
the
federal
hemp
29

law,
as
those
terms
are
defined
in
chapter
204A
.
30

Sec.
9.
Section
124.407,
subsection
2,
Code
2026,
is
amended
31

to
read
as
follows:
32

2.
a.

Any
person
who
violates
this
section
,
and
where
the
33

controlled
substance
is
any
one

a
controlled
substance
other
34

than
marijuana
,

is
guilty
of
a
class
“D”
felony.
35

-2-

LSB
5998YH
(3)
91

ss/ko
2/
50

H.F.
2206

b.
Any
person
who
violates
this
section
,
and
where
the
1

controlled
substance
is
marijuana
only,
is
guilty
of
a
serious

2

misdemeanor.
3

Sec.
10.
Section
124.411,
subsection
2,
Code
2026,
is
4

amended
to
read
as
follows:
5

2.
For
purposes
of
this
section
,
an
offense
is
considered
6

a
second
or
subsequent
offense,
if,
prior
to
the
person’s
7

having
been
convicted
of
the
of