House File 705

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 124.410, Code 1999, is amended to read
  1  2 as follows:
  1  3    124.410  ACCOMMODATION OFFENSE.
  1  4    In a prosecution for unlawful delivery or possession with
  1  5 intent to deliver marijuana, if the prosecution proves that
  1  6 the defendant violated the provisions of section 124.401,
  1  7 subsection 1, by proving that the defendant delivered or
  1  8 possessed with intent to deliver one one-half ounce or less of
  1  9 marijuana which was not offered for sale, the defendant is
  1 10 guilty of an accommodation offense and rather than being
  1 11 sentenced as if convicted for a violation of section 124.401,
  1 12 subsection 1, paragraph "d", shall be sentenced as if
  1 13 convicted of a violation of section 124.401, subsection 5.  An
  1 14 accommodation offense may be proved as an included offense
  1 15 under a charge of delivering or possessing with the intent to
  1 16 deliver marijuana in violation of section 124.401, subsection
  1 17 1.  This section does not apply to hashish, hashish oil, or
  1 18 other derivatives of marijuana as defined in section 124.101,
  1 19 subsection 17.  
  1 20                           EXPLANATION 
  1 21    This bill amends Code section 124.410 pertaining to the
  1 22 delivery or possession with the intent to deliver marijuana.
  1 23    The bill establishes that a person who delivers or
  1 24 possesses with the intent to deliver one-half ounce or less of
  1 25 marijuana but does not offer the marijuana for sale, is guilty
  1 26 of a serious misdemeanor for the first and second offenses.  A
  1 27 conviction for a first offense is punishable by confinement
  1 28 for no more than six months in jail and a fine of not more
  1 29 than $1,000.  A conviction for a second offense is punishable
  1 30 by confinement for no more than one year and a fine of at
  1 31 least $250 but not more than $1,500.  A third or subsequent
  1 32 offense is classified as an aggravated misdemeanor, punishable
  1 33 by confinement for no more than two years and a fine of at
  1 34 least $500 but not more than $5,000.
  1 35    Existing law provides that a person who delivers or
  2  1 possesses with the intent to deliver an ounce or less of
  2  2 marijuana, whether or not offered for sale, is guilty of a
  2  3 serious or aggravated misdemeanor depending on the number of
  2  4 prior offenses the person has committed.  
  2  5 LSB 2483HV 78
  2  6 jm/cf/24
     

URL: http://www2.legis.state.ia.us/GA/78GA/Legislation/HF/00700/HF00705/990317.html