Iowa Code 124.410 – Accommodation offense
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1. In a prosecution for unlawful delivery or possession with intent to deliver marijuana, if the prosecution proves that the defendant violated the provisions of section 124.401, subsection 1, by proving that the defendant delivered or possessed with intent to deliver one-half ounce or less of marijuana which was not offered for sale, the defendant is guilty of an accommodation offense and rather than being sentenced as if convicted for a violation of section 124.401, subsection 1, paragraph “d”, shall be sentenced as if convicted of a violation of section 124.401, subsection 5. An accommodation offense may be proved as an included offense under a charge of delivering or possessing with the intent to deliver marijuana in violation of section 124.401, subsection 1.
Terms Used In Iowa Code 124.410
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Iowa Code 124.101
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Marijuana: means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. See Iowa Code 124.101
2. Subsection 1 does not apply to any of the following:
a. Hashish, hashish oil, or other derivatives of marijuana as defined in section 124.101, subsection 20.
b. Hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.