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 TLSB 1707YH (1) 91 as/js
H.F. 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 -1- LSB 1707YH (1) 91 as/js 1/ 3
H.F. 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 explanations 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 -2- LSB 1707YH (1) 91 as/js 2/ 3
H.F. 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. 8 -3- LSB 1707YH (1) 91 as/js 3/ 3