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 deliveroneone-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