Bill reducing pot penalties OK'd by Iowa Senate panel

People arrested in Iowa for possession of small amounts of marijuana would face reduced penalties under a bill approved Tuesday by the Iowa Senate Judiciary Committee.

Senate Study Bill 1121, which was sent to the Senate floor, would classify the possession of 5 grams or less of marijuana as a simple misdemeanor for a first-time offender. The offense would be punishable by a fine of up to $625 and up to 30 days in jail.

Current Iowa law says a first-offense charge of marijuana possession is considered a serious misdemeanor punishable by up to six months in jail and a fine of up to $1,000.

State Sen. Steve Sodders, who is a Marshall County sheriff's deputy, said the proposal represents a smarter approach to law enforcement and criminal justice. Rather than hauling a person to jail for first-time marijuana possession, he said, a law enforcement officer could issue a citation requiring the person to appear in court at a later date.

"I think this is a good idea. We are talking about very small amounts of marijuana," said Sodders, D-State Center, who chairs the judiciary panel.

The bill cleared the Senate committee on a bipartisan voice vote. The only dissent came from Sen. Kevin Kinney, D-Oxford, who recently retired as a lieutenant in charge of the investigative division with the Johnson County Sheriff's Department.

Kinney, who explained he has arrested people for possession of marijuana and other drugs, said his primary concern was that he wants to preserve the ability to take fingerprints of people charged in marijuana possession cases. He noted that Iowa law provides enhanced penalties for second and third offenses of marijuana possession.

The bill is supported by the American Civil Liberties Union of Iowa, Iowa Association of Justice, Interfaith Alliance of Iowa, and the Iowa Annual Conference of the United Methodist Church.

The Governor's Office of Drug Control Policy and the Iowa County Attorneys' Association are both listed as undecided on the bill.