SB 1088 - This act creates the crime of possessing or having control of a restricted natural substance, also known as jimson weed. The first offense shall be a Class A misdemeanor and each subsequent offense shall be a Class D felony.
No person shall be guilty of such crime if he or she owns, possesses, manages, or otherwise controls land on which a restricted natural substance naturally grows unless the person knowingly plants or cultivates the restricted natural substance, harvests the substance for any person to drink, inhale, or otherwise ingest, or knowingly allows or authorizes another person to plant, cultivate or harvest such substances on his or her land.
It shall be unlawful for any person to distribute, deliver, manufacture, produce, or cultivate a restricted natural substance or to attempt to or possess with intent to distribute, deliver, manufacture, produce, or cultivate a restricted natural substance. A person who commits any of these crimes shall be guilty of a Class C felony for the first offense and a Class B felony for any second or subsequent offense.
This act is similar to HB 1405 (2008).
SUSAN HENDERSON MOORE