124.401E - CERTAIN PENALTIES FOR MANUFACTURING OR DELIVERY OF AMPHETAMINE OR METHAMPHETAMINE.
124.401E CERTAIN PENALTIES FOR MANUFACTURING OR
DELIVERY OF AMPHETAMINE OR METHAMPHETAMINE.
1. If a court sentences a person for the person's first
conviction for delivery or possession with intent to deliver a
controlled substance under section 124.401, subsection 1, paragraph
"c", and 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 may suspend the sentence,
and the court may order the person to complete a drug court program
if a drug court has been established in the county in which the
person is sentenced or order the person to be assigned to a
community-based correctional facility for a period of one year or
until maximum benefits are achieved, whichever is earlier.
2. If a court sentences a person for a conviction of
manufacturing of a controlled substance under section 124.401,
subsection 1, paragraph "c", and 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 may suspend the sentence, and the court may order the person to
complete a drug court program if a drug court has been established in
the county in which the person is sentenced, or order the person to
be assigned to a community-based correctional facility for a period
of one year or until maximum benefits are achieved, whichever is
earlier.
3. If a court sentences a person for the person's second or
subsequent conviction for delivery or possession with intent to
deliver a controlled substance under section 124.401, subsection 1,
and 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, in addition to any other authorized
penalties, shall sentence the person to imprisonment in accordance
with section 124.401, subsection 1, and the person shall serve the
minimum period of confinement as required by section 124.413. Section History: Recent Form
99 Acts, ch 12, §5; 2000 Acts, ch 1144, §3 Footnotes
Continuation of drug court pilot programs; 2002 Acts, ch 1174, §1;
2002 Acts, 2nd Ex, ch 1003, § 157, 171, 172; 2003 Acts, ch 183, §1;
2004 Acts, ch 1176, §1; 2005 Acts, ch 176, §1; 2006 Acts, ch 1181,
§1; 2007 Acts, ch 208, §1; 2007 Acts, ch 218, § 32; 2008 Acts, ch
1186, §1; 2009 Acts, ch 179, §68, 72
Juvenile drug court programs; 2007 Acts, ch 218, § 18, 57, 67;
2008 Acts, ch 1187, §16; 2009 Acts, ch 182, §16