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Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.401, subsection 3, Code 1995, is
  1  2 amended to read as follows:
  1  3    3.  a.  It is unlawful for any person knowingly or
  1  4 intentionally to possess a controlled substance unless such
  1  5 substance was obtained directly from, or pursuant to, a valid
  1  6 prescription or order of a practitioner while acting in the
  1  7 course of the practitioner's professional practice, or except
  1  8 as otherwise authorized by this chapter.  Any person who
  1  9 violates this subsection is guilty of a serious an aggravated
  1 10 misdemeanor for the first offense, and a class "D" felony for
  1 11 the second and each subsequent offense if the second or
  1 12 subsequent offense occurs within six years of the previous
  1 13 offense.  If the controlled substance is marijuana, the
  1 14 punishment shall be by imprisonment in the county jail for not
  1 15 more than six months or by a fine of not more than one
  1 16 thousand dollars, or by both such fine and imprisonment.  All
  1 17 or any part of a sentence imposed pursuant to this section may
  1 18 be suspended and the person placed upon probation upon such
  1 19 terms and conditions as the court may impose including the
  1 20 active participation by such person in a drug treatment,
  1 21 rehabilitation or education program approved by the court.
  1 22    b.  Any person who possesses marijuana is guilty of a
  1 23 serious misdemeanor for the first offense, and is guilty of an
  1 24 aggravated misdemeanor for the second and each subsequent
  1 25 offense if the second or subsequent offense occurs within six
  1 26 years of the previous offense.
  1 27    c.  A person eighteen or older is guilty of an aggravated
  1 28 misdemeanor if the person knowingly or intentionally possesses
  1 29 any controlled substance in violation of this section in the
  1 30 presence of a minor.
  1 31    Sec. 2.  EFFECTIVE DATE.  This Act shall not take effect
  1 32 unless an appropriation is enacted or the state's share of the
  1 33 cost is specified in accordance with section 25B.2, subsection
  1 34 3.  
  1 35                           EXPLANATION
  2  1    This bill provides that a person who unlawfully possesses a
  2  2 controlled substance other than marijuana commits an
  2  3 aggravated misdemeanor for the first offense and a class "D"
  2  4 felony for each subsequent offense if the subsequent offense
  2  5 is committed within six years of the previous offense.  The
  2  6 bill eliminates the six-month jail term and $1,000 fine for
  2  7 possession of marijuana and makes possession of marijuana a
  2  8 serious misdemeanor for the first offense and an aggravated
  2  9 misdemeanor for each subsequent offense if the subsequent
  2 10 offense is committed within six years of the previous offense.
  2 11 The bill also makes it an aggravated misdemeanor for an adult
  2 12 to unlawfully possess a controlled substance in the presence
  2 13 of a minor.
  2 14    The bill may contain a state mandate under chapter 25B and
  2 15 will not take effect unless an appropriation fully funding the
  2 16 cost to political subdivisions of complying with the bill or
  2 17 specifying the state's share of the cost of complying with the
  2 18 bill is enacted.  
  2 19 LSB 1705SV 76
  2 20 mk/sc/14