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House
File
78
-
Introduced
HOUSE
FILE
78
BY
JONES
A
BILL
FOR
An
Act
relating
to
the
possession
of
small
quantities
of
1
marijuana,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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H.F.
78
Section
1.
Section
124.401,
subsection
1,
paragraph
d,
Code
1
2025,
is
amended
to
read
as
follows:
2
d.
(1)
Violation
Except
as
provided
in
subparagraph
3
(2),
violation
of
this
subsection
,
with
respect
to
any
other
4
controlled
substances,
counterfeit
substances,
simulated
5
controlled
substances,
or
imitation
controlled
substances
6
classified
in
schedule
IV
or
V
is
an
aggravated
misdemeanor.
7
However,
8
(2)
(a)
Except
as
otherwise
provided
in
subparagraph
9
division
(b),
a
violation
of
this
subsection
involving
fifty
10
kilograms
or
less
of
marijuana
or
involving
flunitrazepam
is
a
11
class
“D”
felony.
12
(b)
A
violation
of
this
subsection
involving
the
possession
13
of
one-half
ounce
or
less
of
marijuana
that
was
not
offered
14
for
sale
is
a
simple
misdemeanor
punishable
as
a
scheduled
15
violation
under
section
805.8A,
subsection
14.
16
Sec.
2.
Section
124.401,
subsection
5,
paragraph
b,
Code
17
2025,
is
amended
to
read
as
follows:
18
b.
If
Except
as
provided
in
subsection
1,
paragraph
“d”
,
19
subparagraph
(2),
subparagraph
division
(b),
involving
one-half
20
ounce
or
less
of
marijuana
that
was
not
offered
for
sale,
if
21
the
controlled
substance
is
marijuana,
the
punishment
shall
22
be
by
imprisonment
in
the
county
jail
for
not
more
than
six
23
months
or
by
a
fine
of
not
more
than
one
thousand
dollars,
or
24
by
both
such
fine
and
imprisonment
for
a
first
offense.
If
25
the
controlled
substance
is
marijuana
and
the
person
has
been
26
previously
convicted
of
a
violation
of
this
subsection
in
which
27
the
controlled
substance
was
marijuana,
the
punishment
shall
be
28
as
provided
in
section
903.1,
subsection
1
,
paragraph
“b”
.
If
29
the
controlled
substance
is
marijuana
and
the
person
has
been
30
previously
convicted
two
or
more
times
of
a
violation
of
this
31
subsection
in
which
the
controlled
substance
was
marijuana,
the
32
person
is
guilty
of
an
aggravated
misdemeanor.
33
Sec.
3.
Section
805.8A,
subsection
14,
Code
2025,
is
amended
34
by
adding
the
following
new
paragraph:
35
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H.F.
78
NEW
PARAGRAPH
.
q.
Marijuana
possession
violations.
For
1
violations
under
section
124.401,
subsection
1,
paragraph
“d”
,
2
subparagraph
(2),
subparagraph
division
(b),
involving
less
3
than
one-half
ounce
of
marijuana
that
was
not
offered
for
sale,
4
the
scheduled
fine
is
five
hundred
dollars.
5
Sec.
4.
REPEAL.
Section
124.410,
Code
2025,
is
repealed.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
possession
of
small
quantities
of
10
marijuana.
11
The
bill
provides
that
certain
conduct
involving
one-half
12
ounce
or
less
of
marijuana
that
was
not
offered
for
sale
is
13
a
simple
misdemeanor
punishable
by
a
scheduled
fine
of
$500.
14
Current
law
imposes
penalties
ranging
from
an
aggravated
15
misdemeanor
up
to
a
class
“B”
felony
depending
upon
the
conduct
16
of
the
defendant
and
the
quantity
of
marijuana.
17
The
bill
repeals
Code
section
124.410,
which
involves
18
proving
that
the
defendant
delivered
or
possessed
with
intent
19
to
deliver
one-half
ounce
or
less
of
marijuana
that
was
not
20
offered
for
sale.
21
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