124.410 - ACCOMMODATION OFFENSE.
124.410 ACCOMMODATION OFFENSE.
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. This section does not
apply to hashish, hashish oil, or other derivatives of marijuana as
defined in section 124.101, subsection 19. Section History: Early Form
[C73, 75, 77, 79, 81, § 204.410] Section History: Recent Form
89 Acts, ch 225, § 13
C93, § 124.410
99 Acts, ch 67, §1
Referred to in § 124.413