DES MOINES, Iowa — The Des Moines City Council voted Monday to draft an ordinance knocking marijuana possession down from a misdemeanor to a municipal infraction, but there's no telling when it could be enforceable.
Under Iowa law, a first offense for possession of marijuana for personal use is punishable by up to 6 months in a county jail and or a $1,000 fine. A municipal infraction is punishable by a fine of up to $750.
Because possession is still a crime at the state and federal level, this ordinance would only hold up if those laws change, and there's no telling when that will happen.
However, elected officials across Iowa are trying to change that this legislative session. A coalition of 44 elected officials from county supervisors and city council members to state representatives and senators are working to legalize marijuana and regulate it to the same level as alcohol.
During the coalition's press conference held over Zoom on Jan. 6 announcing their intentions, multiple lawmakers cited a study from the ACLU, that claims Black Iowans are more than seven times more likely to be arrested than white Iowans for marijuana possession, even though the study also claims both groups use marijuana at a similar rate.
Two bills have been introduced in the Iowa Legislature to reduce the penalties for marijuana possession -- HF 163 and SF 83.
Under House File 163, possession of any amount of marijuana below 42.5 grams from a Class "D" Felony to a fine of $25. The bill was referred to the House Public Safety Committee. If it's approved, it could go to the House Floor.
Senate File 83 would alter possession penalties to be based on the amount of marijuana found. The bigger the amount, the bigger the penalty.
Under the bill, a person found in possession of six to 12 ounces of marijuana could face up to one year in jail and a fine of $1,875. From there, the penalties decrease. Four to six ounces could lead to 30 days in jail and a 625 dollar fine. Two to four ounces could result in a civil penalty fine of $100. The incident wouldn't be reflected on a person's criminal record or public record systems like Iowa Courts Online and can be expunged in two years if no other crimes are committed. Anything less is a misdemeanor only for those under 21-years-old.
Under current Iowa law, with each offense comes more jail time and bigger fines. A first offense could result in 6 months in jail and a fine of $1,000. A second offense carries a possible sentence of one year in jail and $1,875 fine. Any additional offenses could lead to two years in jail and a possible $6,250 fine.
As of Jan. 27, the bill is in a Senate Judiciary subcommittee and must pass the full committee before it can be introduced on the Senate Floor and passed.