Iowa Code § 124.406

Current through bills signed by governor as of 5/1/2024
Section 124.406 - Distribution to person under age eighteen
1. A person who is eighteen years of age or older who:
a. Unlawfully distributes or possesses with intent to distribute a substance listed in schedule I or II to a person under eighteen years of age commits a class "B" felony and shall serve a minimum term of confinement of five years. However, if the substance was distributed in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, the person shall serve a minimum term of confinement of ten years.
b. Unlawfully distributes or possesses with the intent to distribute a controlled substance listed in schedule III to a person under eighteen years of age who is at least three years younger than the violator commits a class "C" felony.
c. Unlawfully distributes a controlled substance listed in schedule IV or V to a person under eighteen years of age who is at least three years younger than the violator commits an aggravated misdemeanor.
2. A person who is eighteen years of age or older who:
a. Unlawfully distributes or possesses with the intent to distribute a counterfeit substance listed in schedule I or II, or a simulated or imitation controlled substance represented to be a substance classified in schedule I or II, to a person under eighteen years of age commits a class "B" felony.
b. Unlawfully distributes or possesses with intent to distribute a counterfeit substance listed in schedule III, or a simulated or imitation controlled substance represented to be any substance listed in schedule III, to a person under eighteen years of age who is at least three years younger than the violator commits a class "C" felony.
c. Unlawfully distributes a counterfeit substance listed in schedule IV or V, or a simulated or imitation controlled substance represented to be a substance listed in schedule IV or V, to a person under eighteen years of age who is at least three years younger than the violator commits an aggravated misdemeanor.
3. It is unlawful for a person to deliver a controlled substance to another person in order to act with, enter into a common scheme or design with, conspire with, or recruit the other person for the purpose of delivering a controlled substance to one or more persons under eighteen years of age. A person who violates this subsection with respect to a controlled substance classified in schedule I, II, III, IV, or V is guilty of a class "D" felony.

Iowa Code § 124.406

Amended by 2017 Iowa, ch 145,s 13, eff. 7/1/2017.
C97, §5003; C24, 27, 31, 35, §3168, 3169; C39, § 3169.21; C46, 50, 54, 58, 62, § 204.22; C66, § 204.20; C71, § 204.20, 204A.11; C73, 75, 77, 79, 81, § 204.406; 82 Acts, ch 1147, §384 Acts, ch 1013, §15; 89 Acts, ch 225, §12; 90 Acts, ch 1251, §6, 7C93, § 124.406 94 Acts, ch 1172, §8, 9; 97 Acts, ch 33, §2, 3

Referred to in §124.416, 901.10, 903A.5