124.401 - PROHIBITED ACTS -- MANUFACTURERS -- POSSESSORS -- COUNTERFEIT SUBSTANCES -- SIMULATED CONTROLLED SUBSTANCES -- PENALTIES.
124.401 PROHIBITED ACTS -- MANUFACTURERS --
POSSESSORS -- COUNTERFEIT SUBSTANCES -- SIMULATED CONTROLLED
SUBSTANCES -- PENALTIES.
1. Except as authorized by this chapter, it is unlawful for any
person to manufacture, deliver, or possess with the intent to
manufacture or deliver, a controlled substance, a counterfeit
substance, or a simulated controlled substance, or to act with, enter
into a common scheme or design with, or conspire with one or more
other persons to manufacture, deliver, or possess with the intent to
manufacture or deliver a controlled substance, a counterfeit
substance, or a simulated controlled substance.
a. Violation of this subsection, with respect to the
following controlled substances, counterfeit substances, or simulated
controlled substances is a class "B" felony, and notwithstanding
section 902.9, subsection 2, shall be punished by confinement for no
more than fifty years and a fine of not more than one million
dollars:
(1) More than one kilogram of a mixture or substance containing a
detectable amount of heroin.
(2) More than five hundred grams of a mixture or substance
containing a detectable amount of any of the following:
(a) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine and their
salts have been removed.
(b) Cocaine, its salts, optical and geometric isomers, or salts
of isomers.
(c) Ecgonine, its derivatives, their salts, isomers, or salts of
isomers.
(d) Any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subparagraph
divisions (a) through (c).
(3) More than fifty grams of a mixture or substance described in
subparagraph (2) which contains cocaine base.
(4) More than one hundred grams of phencyclidine (PCP) or one
kilogram or more of a mixture or substance containing a detectable
amount of phencyclidine (PCP).
(5) More than ten grams of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD).
(6) More than one thousand kilograms of a mixture or substance
containing a detectable amount of marijuana.
(7) More than five kilograms of a mixture or substance containing
a detectable amount of any of the following:
(a) Methamphetamine, its salts, isomers, or salts of isomers.
(b) Amphetamine, its salts, isomers, and salts of isomers.
(c) Any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subparagraph
divisions (a) and (b).
b. Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances is a class "B" felony, and in addition to the
provisions of section 902.9, subsection 2, shall be punished by a
fine of not less than five thousand dollars nor more than one hundred
thousand dollars:
(1) More than one hundred grams but not more than one kilogram of
a mixture or substance containing a detectable amount of heroin.
(2) More than one hundred grams but not more than five hundred
grams of any of the following:
(a) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine and their
salts have been removed.
(b) Cocaine, its salts, optical and geometric isomers, or salts
of isomers.
(c) Ecgonine, its derivatives, their salts, isomers, or salts of
isomers.
(d) Any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subparagraph
divisions (a) through (c).
(3) More than ten grams but not more than fifty grams of a
mixture or substance described in subparagraph (2) which contains
cocaine base.
(4) More than ten grams but not more than one hundred grams of
phencyclidine (PCP) or more than one hundred grams but not more than
one kilogram of a mixture or substance containing a detectable amount
of phencyclidine (PCP).
(5) Not more than ten grams of a mixture or substance containing
a detectable amount of lysergic acid diethylamide (LSD).
(6) More than one hundred kilograms but not more than one
thousand kilograms of marijuana.
(7) More than five grams but not more than five kilograms of
methamphetamine, its salts, isomers, or salts of isomers, or analogs
of methamphetamine, or any compound, mixture, or preparation which
contains any quantity or detectable amount of methamphetamine, its
salts, isomers, or salts of isomers, or analogs of methamphetamine.
(8) More than five grams but not more than five kilograms of
amphetamine, its salts, isomers, or salts of isomers, or any
compound, mixture, or preparation which contains any quantity or
detectable amount of amphetamine, its salts, isomers, or salts of
isomers.
c. Violation of this subsection with respect to the following
controlled substances, counterfeit substances, or simulated
controlled substances is a class "C" felony, and in addition to the
provisions of section 902.9, subsection 4, shall be punished by a
fine of not less than one thousand dollars nor more than fifty
thousand dollars:
(1) One hundred grams or less of a mixture or substance
containing a detectable amount of heroin.
(2) One hundred grams or less of any of the following:
(a) Coca leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine and their
salts have been removed.
(b) Cocaine, its salts, optical and geometric isomers, or salts
of isomers.
(c) Ecgonine, its derivatives, their salts, isomers, or salts of
isomers.
(d) Any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subparagraph
divisions (a) through (c).
(3) Ten grams or less of a mixture or substance described in
subparagraph (2) which contains cocaine base.
(4) Ten grams or less of phencyclidine (PCP) or one hundred grams
or less of a mixture or substance containing a detectable amount of
phencyclidine (PCP).
(5) More than fifty kilograms but not more than one hundred
kilograms of marijuana.
(6) Five grams or less of methamphetamine, its salts, isomers, or
salts of isomers, or analogs of methamphetamine, or any compound,
mixture, or preparation which contains any quantity or detectable
amount of methamphetamine, its salts, isomers, or salts of isomers,
or analogs of methamphetamine.
(7) Five grams or less of amphetamine, its salts, isomers, or
salts of isomers, or any compound, mixture, or preparation which
contains any quantity or detectable amount of amphetamine, its salts,
isomers, or salts of isomers.
(8) Any other controlled substance, counterfeit substance, or
simulated controlled substance classified in schedule I, II, or III.
d. Violation of this subsection, with respect to any other
controlled substances, counterfeit substances, or simulated
controlled substances classified in schedule IV or V is an aggravated
misdemeanor. However, violation of this subsection involving fifty
kilograms or less of marijuana or involving flunitrazepam is a class
"D" felony.
e. A person in the immediate possession or control of a
firearm while participating in a violation of this subsection shall
be sentenced to two times the term otherwise imposed by law, and no
such judgment, sentence, or part thereof shall be deferred or
suspended.
f. A person in the immediate possession or control of an
offensive weapon, as defined in section 724.1, while participating in
a violation of this subsection, shall be sentenced to three times the
term otherwise imposed by law, and no such judgment, sentence, or
part thereof shall be deferred or suspended.
2. If the same person commits two or more acts which are in
violation of subsection 1 and the acts occur in approximately the
same location or time period so that the acts can be attributed to a
single scheme, plan, or conspiracy, the acts may be considered a
single violation and the weight of the controlled substances,
counterfeit substances, or simulated controlled substances involved
may be combined for purposes of charging the offender.
3. It is unlawful for any person to sell, distribute, or make
available any product containing ephedrine, its salts, optical
isomers, salts of optical isomers, or analogs of ephedrine, or
pseudoephedrine, its salts, optical isomers, salts of optical
isomers, or analogs of pseudoephedrine, if the person knows, or
should know, that the product may be used as a precursor to any
illegal substance or an intermediary to any controlled substance. A
person who violates this subsection commits a serious misdemeanor.
4. A person who possesses any product containing any of the
following commits a class "D" felony, if the person possesses with
the intent that the product be used to manufacture any controlled
substance:
a. Ephedrine, its salts, optical isomers, salts of optical
isomers, or analogs of ephedrine.
b. Pseudoephedrine, its salts, optical isomers, salts of
optical isomers, or analogs of pseudoephedrine.
c. Ethyl ether.
d. Anhydrous ammonia.
e. Red phosphorous.
f. Lithium.
g. Iodine.
h. Thionyl chloride.
i. Chloroform.
j. Palladium.
k. Perchloric acid.
l. Tetrahydrofuran.
m. Ammonium chloride.
n. Magnesium sulfate.
5. It is unlawful for any person knowingly or intentionally to
possess a controlled substance unless such substance was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of the practitioner's
professional practice, or except as otherwise authorized by this
chapter. Any person who violates this subsection is guilty of a
serious misdemeanor for a first offense. A person who commits a
violation of this subsection and who has previously been convicted of
violating this chapter or chapter 124A, 124B, or 453B is guilty of an
aggravated misdemeanor. A person who commits a violation of this
subsection and has previously been convicted two or more times of
violating this chapter or chapter 124A, 124B, or 453B is guilty of a
class "D" felony.
If the controlled substance is marijuana, the punishment shall be
by imprisonment in the county jail for not more than six months or by
a fine of not more than one thousand dollars, or by both such fine
and imprisonment for a first offense. If the controlled substance is
marijuana and the person has been previously convicted of a violation
of this subsection in which the controlled substance was marijuana,
the punishment shall be as provided in section 903.1, subsection 1,
paragraph "b". If the controlled substance is marijuana and the
person has been previously convicted two or more times of a violation
of this subsection in which the controlled substance was marijuana,
the person is guilty of an aggravated misdemeanor.
All or any part of a sentence imposed pursuant to this subsection
may be suspended and the person placed upon probation upon such terms
and conditions as the court may impose including the active
participation by such person in a drug treatment, rehabilitation or
education program approved by the court.
If a person commits a violation of this subsection, the court
shall order the person to serve a term of imprisonment of not less
than forty-eight hours. Any sentence imposed may be suspended, and
the court shall place the person on probation upon such terms and
conditions as the court may impose. If the person is not sentenced
to confinement under the custody of the director of the department of
corrections, the terms and conditions of probation shall require
submission to random drug testing. If the person fails a drug test,
the court may transfer the person's placement to any appropriate
placement permissible under the court order.
If the controlled substance is amphetamine, its salts, isomers, or
salts of its isomers, or methamphetamine, its salts, isomers, or
salts of its isomers, the court shall order the person to serve a
term of imprisonment of not less than forty-eight hours. Any
sentence imposed may be suspended, and the court shall place the
person on probation upon such terms and conditions as the court may
impose. The court may place the person on intensive probation.
However, the terms and conditions of probation shall require
submission to random drug testing. If the person fails a drug test,
the court may transfer the person's placement to any appropriate
placement permissible under the court order. Section History: Early Form
[C51, § 2728; R60, § 4374; C73, § 4038; C97, § 2593, 5003; S13, §
2593, 2596-a; C24, 27, 31, 35, § 3152, 3168, 3169; C39, § 3169.02,
3169.21; C46, 50, 54, 58, 62, § 204.2, 204.22; C66, § 204.2,
204.20; C71, § 204.2, 204.20, 204A.3, 204A.10; C73, 75, 77, 79, 81, §
204.401; 82 Acts, ch 1147, § 2] Section History: Recent Form
84 Acts, ch 1013, § 13, 14; 84 Acts, ch 1105, § 2, 3; 89 Acts, ch
225, § 11; 90 Acts, ch 1233, § 7
C93, § 124.401
94 Acts, ch 1107, §7; 96 Acts, ch 1164, § 1--4; 97 Acts, ch 122, §
1--3; 98 Acts, ch 1138, §24, 25; 99 Acts, ch 12, §2, 3; 99 Acts, ch
65, §1; 2000 Acts, ch 1144, §1; 2000 Acts, ch 1201, §4; 2003 Acts, ch
16, §1; 2003 Acts, ch 156, §1--7; 2004 Acts, ch 1057, §1; 2004 Acts,
ch 1086, §32; 2006 Acts, ch 1030, §12; 2007 Acts, ch 8, §18; 2007
Acts, ch 126, §24; 2009 Acts, ch 41, §263
Referred to in § 124.401E, 124.409, 124.410, 124.411, 124.413,
124.416, 155A.24, 232.8, 232.22, 232.52, 321.279, 462A.34B, 712.1,
723A.1, 726.6, 809A.4, 811.1, 901.5, 901.10, 907.3
See § 124B.9