A bill for an act relating to penalties for the manufacture, delivery, or possession of certain amounts of controlled substances involving cocaine or cocaine base.

House

File

126

-

Introduced

HOUSE

FILE

126

BY

LOHSE

A

BILL

FOR

An

Act

relating

to

penalties

for

the

manufacture,

delivery,

1

or

possession

of

certain

amounts

of

controlled

substances

2

involving

cocaine

or

cocaine

base.

3

BE

IT

ENACTED

BY

THE

GENERAL

ASSEMBLY

OF

THE

STATE

OF

IOWA:

4

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126

Section

1.

Section

124.401,

subsection

1,

paragraph

a,

1

subparagraph

(2),

subparagraph

division

(b),

Code

2025,

is

2

amended

to

read

as

follows:

3

(b)

Cocaine,

its

salts,

optical

and

geometric

isomers,

or

4

salts

of

isomers

,

or

cocaine

base

.

5

Sec.

2.

Section

124.401,

subsection

1,

paragraph

a,

6

subparagraph

(3),

Code

2025,

is

amended

by

striking

the

7

subparagraph.

8

Sec.

3.

Section

124.401,

subsection

1,

paragraph

b,

9

subparagraph

(2),

subparagraph

division

(b),

Code

2025,

is

10

amended

to

read

as

follows:

11

(b)

Cocaine,

its

salts,

optical

and

geometric

isomers,

or

12

salts

of

isomers

,

or

cocaine

base

.

13

Sec.

4.

Section

124.401,

subsection

1,

paragraph

b,

14

subparagraph

(3),

Code

2025,

is

amended

by

striking

the

15

subparagraph.

16

Sec.

5.

Section

124.401,

subsection

1,

paragraph

c,

17

subparagraph

(2),

subparagraph

division

(b),

Code

2025,

is

18

amended

to

read

as

follows:

19

(b)

Cocaine,

its

salts,

optical

and

geometric

isomers,

or

20

salts

of

isomers

,

or

cocaine

base

.

21

Sec.

6.

Section

124.401,

subsection

1,

paragraph

c,

22

subparagraph

(3),

Code

2025,

is

amended

by

striking

the

23

subparagraph.

24

Sec.

7.

Section

232.22,

subsection

1,

paragraph

e,

Code

25

2025,

is

amended

to

read

as

follows:

26

e.

There

is

probable

cause

to

believe

that

the

child

has

27

committed

a

delinquent

act

involving

possession

with

intent

to

28

deliver

any

of

the

following

controlled

substances:

29

(1)

A

mixture

or

substance

containing

cocaine

base,

also

30

known

as

crack

cocaine,

and

if

the

act

was

committed

by

an

31

adult,

it

would

be

a

violation

of

section

124.401,

subsection

32

1

,

paragraph

“a”

,

subparagraph

(3),

paragraph

“b”

,

subparagraph

33

(3),

or

paragraph

“c”

,

subparagraph

(3).

34

(2)

(1)

A

mixture

or

substance

containing

cocaine,

its

35

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126

salts,

optical

and

geometric

isomers,

and

or

salts

of

isomers

,

1

or

cocaine

base

,

and

if

the

act

was

committed

by

an

adult,

2

it

would

be

a

violation

of

section

124.401,

subsection

1

,

3

paragraph

“a”

,

subparagraph

(2),

subparagraph

division

(b),

4

paragraph

“b”

,

subparagraph

(2),

subparagraph

division

(b),

or

5

paragraph

“c”

,

subparagraph

(2),

subparagraph

division

(b).

6

(3)

(2)

A

mixture

or

substance

containing

methamphetamine,

7

its

salts,

isomers,

or

salts

of

isomers,

or

analogs

of

8

methamphetamine,

and

if

the

act

was

committed

by

an

adult,

it

9

would

be

a

violation

of

section

124.401,

subsection

1

.

10

EXPLANATION

11

The

inclusion

of

this

explanation

does

not

constitute

agreement

with

12

the

explanation’s

substance

by

the

members

of

the

general

assembly.

13

This

bill

relates

to

penalties

for

the

manufacture,

14

delivery,

or

possession

of

certain

amounts

of

controlled

15

substances

involving

cocaine

or

cocaine

base.

16

Current

law

provides

identical

penalties

for

the

17

manufacture,

delivery,

or

possession

of

different

amounts

of

18

cocaine,

its

salts,

optical

and

geometric

isomers,

or

salts

of

19

isomers,

and

certain

mixtures

of

substances

containing

cocaine

20

base.

Current

law

provides

that

a

violation

involving

more

21

than

500

grams

of

cocaine

or

more

than

200

grams

of

certain

22

mixtures

or

substances

containing

cocaine

base

is

a

class

“B”

23

felony.

24

The

bill

makes

changes

to

the

amount

of

cocaine

base

25

necessary

to

be

present

in

certain

mixtures

or

substances

for

26

a

particular

charge

so

that

it

corresponds

to

the

amount

of

27

cocaine,

its

salts,

optical

and

geometric

isomers,

or

salts

of

28

isomers

required

for

the

same

charge.

29

The

bill

provides

that

a

violation

involving

more

than

500

30

grams

of

cocaine,

its

salts,

optical

and

geometric

isomers,

31

or

salts

of

isomers,

or

cocaine

base

is

a

class

“B”

felony

32

punishable

by

confinement

for

no

more

than

50

years

and

a

fine

33

of

not

more

than

$1

million.

A

violation

involving

more

than

34

100

grams,

but

not

more

than

500

grams

of

cocaine,

its

salts,

35

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126

optical

and

geometric

isomers,

or

salts

of

isomers,

or

cocaine

1

base

is

a

class

“B”

felony

punishable

by

confinement

for

no

2

more

than

25

years

and

a

fine

of

not

less

than

$5,000

nor

more

3

than

$100,000.

A

violation

involving

less

than

100

grams

of

4

cocaine,

its

salts,

optical

and

geometric

isomers,

or

salts

of

5

isomers,

or

cocaine

base

is

a

class

“C”

felony

punishable

by

6

confinement

for

no

more

than

10

years

and

a

fine

of

not

less

7

than

$1,000

nor

more

than

$50,000.

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