Relating to marijuana, including the manufacture, delivery, and possession of marijuana, providing fees, providing penalties, and including effective date provisions

This bill modifies criminal penalties relating to marijuana by eliminating and modifying certain criminal provisions in Code chapter 124 (uniform controlled substances Act), and transferring certain criminal provisions from Code chapter 124 to new Code chapter 124F. MANUFACTURE, DELIVERY, OR POSSESSION WITH INTENT TO DELIVER MARIJUANA.2(1)(a) and the controlled substance involves more than kilograms of marijuana. Currently, such a person commits a class “B” felony punishable by confinement of no more than years if the controlled substance involves more than 1,000 kilograms of a mixture or substance containing a detectable amount of marijuana, or a class “B” felony punishable by confinement of no more than years if the controlled substance involves more than 100 kilograms of marijuana but not more than 1,000 kilograms. 2(1)(b) and the controlled substance involves more than kilograms of marijuana but not more than kilograms. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. Currently, such a person commits a class “C” felony if the controlled substance involves more than kilograms of marijuana but not more than 100 kilograms.2(1)(c) and the controlled substance involves more than ounces of marijuana but not more than kilograms. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. Currently, such a person commits a class “D” felony if the controlled substance involves kilograms or less of marijuana.2(1)(d) and the controlled substance involves more than ounces of marijuana but not more than ounces. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. Currently, such a person commits a class “D” felony.2(1)(e) and the controlled substance involves ounces or less of marijuana except as otherwise provided in the bill. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. Currently, such a person commits a class “D” felony. POSSESSION OF MARIJUANA. The bill provides that if a person unlawfully possesses more than ounces of marijuana but not more than ounces, the person commits a serious misdemeanor. The bill provides that if a person unlawfully possesses more than one-half ounce of marijuana but not more than ounces, the person commits a simple misdemeanor. The bill provides that if a person years of age or older possesses one-half ounce or less of marijuana, the person does not commit a criminal offense but shall be assessed a civil penalty in the amount of $100. If the person is under years of age, the offense shall be punishable as a serious misdemeanor, which may be expunged after two years if the person does not commit additional criminal violations other than traffic offenses. The bill provides that any records relating to the civil penalty shall not be displayed for public viewing on the Iowa court information system and such records shall not be kept in the criminal history files maintained by the department of public safety. The bill allows a municipality to adopt an ordinance to allow for the legal possession of marijuana. Currently, if a person unlawfully possesses marijuana, the person shall be punished by imprisonment in the county jail for not more than six months or by a fine of not more than $1,000, or by both for a first offense. If the person has previously been convicted of marijuana possession, the person commits a serious misdemeanor under current law, and if the person has been convicted of marijuana possession two or more times, the person commits an aggravated misdemeanor. SMALL AMOUNTS OF MARIJUANA. If the amount of marijuana delivered or possessed with intent to deliver is one ounce or less and no remuneration was provided, the defendant shall not be prosecuted for a violation of the bill. MARIJUANA USE IN PUBLIC. The bill prohibits the consumption of marijuana in areas open and accessible to the public, including but not limited to public transportation facilities, sporting or music venues, parks, playgrounds, sidewalks and roads, outdoor cafes, or indoor but public locations. A person who violates this provision commits a simple misdemeanor punishable as a scheduled violation in the amount of $50 for a first offense and $100 for a second or subsequent offense. This violation may be expunged after two years if the person does not commit additional criminal violations other than traffic offenses. JUVENILE MARIJUANA OFFENSES. The bill specifies that the juvenile court shall have exclusive original jurisdiction in a proceeding concerning a minor who is alleged to have committed a violation of the bill. GATHERINGS WHERE CONTROLLED SUBSTANCES UNLAWFULLY USED. The bill strikes a provision making it a serious misdemeanor for a person to sponsor, promote, or aid in the sponsoring or promoting of a meeting or gathering with the knowledge or intent that marijuana be distributed, used, or possessed at the meeting or gathering in violation of Code chapter 124. ACCOMMODATION OFFENSE.401(5).413 (mandatory minimum sentences —— controlled substances). SECOND OR SUBSEQUENT OFFENSES. Currently, a person convicted of a second or subsequent offense under Code chapter 124 may be punished by imprisonment for a period not to exceed three times the term otherwise authorized, or fined not more than three times the amount otherwise authorized. The bill strikes the provision that allows for the use of a previous marijuana conviction in determining if a person has been convicted of a second or subsequent offense under Code chapter 124. The bill takes effect January 1, 2022.