Iowa Code 124.402 – Prohibited acts — distributors — registrants — proprietors — penalties
Current as of: 2023 | Check for updates
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1. It is unlawful for any person:
a. Who is subject to subchapter III to distribute or dispense a controlled substance in violation of section 124.308;
b. Who is a registrant, to manufacture a controlled substance not authorized by the registration, or to distribute or dispense a controlled substance not authorized by the registration to another registrant or other authorized person;
c. To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter;
d. To refuse an entry into any premises during reasonable business hours for any inspection authorized by this chapter; or
e. Knowingly to keep or permit the keeping or to maintain any premises, store, shop, warehouse, dwelling, temporary, or permanent building, vehicle, boat, aircraft, or other temporary or permanent structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping, possessing or selling them in violation of this chapter.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 124.402
- Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of subchapter II of this chapter. See Iowa Code 124.101
- Conviction: A judgement of guilt against a criminal defendant.
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Iowa Code 124.101
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Iowa Code 124.101
- Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance:a. See Iowa Code 124.101
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 124.101
2. Any person who violates subsection 1 of this section, or who acts with, enters into a common scheme or design with, or conspires with one or more other persons to violate subsection 1 of this section, is guilty of a public offense and upon conviction:a. Of a violation of paragraphs “a”, “b”, “d”, or “e” shall be an aggravated misdemeanor.b. Of a violation of paragraph “c” shall be a serious misdemeanor.