The original file contained strikes and underscores. This file replaces the strikes with italic print and the underscores with bold print.
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