Reduced penalty for marijuana possession considered by Iowa legislature

DES MOINES - The penalty for possessing marijuana for a first-time offender would be significantly reduced under a bill that won near unanimous approval by the Senate Judiciary Committee.

Senators voted 13-1 to approve a measure that would change current Iowa law so that possession of five grams or less of marijuana would be a simple misdemeanor punishable by no more than 30 days in jail and/or by a fine of at least $65 but not more than $620. Currently first-offense possession of marijuana is a serious misdemeanor punishable by confinement for not more than six months and/or a fine of not more than $1,000.

'I think you have members of both parties right now willing to look at some of our criminal sentences and make some common sense reforms to help control some of the costs in the system,” said Sen. Jack Whitver, R-Ankeny. 'I think right now you're seeing a good-faith effort by both parties to look our sentencing and make reforms if needed.”

Senators who approved Senate Study Bill 1121 said the bill was an effort to address racial disparities in Iowa's criminal justice system highlighted by Iowa Supreme Court Chief Justice Mark Cady last month and to look at reducing costs associated with criminal sentences that don't seem to be in sync with some offenses.

'We're talking about very small amounts of marijuana possession,” said Committee chairman Sen. Steve Sodders, D-State Center, a Marshall County deputy sheriff. 'In my experience, a lot of these are basically scrapings out of a pot pipe.”

The proposed change would allow an arresting officer to issue a citation for an non-scheduled violation that would be decided by a sentencing judge rather than the current situation where the offender would be booked in jail, forced to hire an attorney and face up to a year in jail.

'This is just another effort to try to look at alternatives to incarceration,” said Sodders. 'This is a smart on crime measure that helps ensure our limited law enforcement resources are more available to pursue violent criminals.”

Sen. Kevin Kinney, D-Oxford, a retired lieutenant who was in charge of the investigations division of Johnson County Sheriff's Department, said he voted against the measure because he has unanswered questions about whether fingerprints will be collected at the time of arrest so officers would no if an enhanced offense would be appropriate for subsequent offenses.

The bill now moves to the Senate's debate calendar for further consideration.