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.
[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, §3]
84 Acts, ch 1013, §15; 89 Acts, ch 225, §12; 90 Acts, ch 1251, §6, 7
C93, §124.406
94 Acts, ch 1172, §8, 9; 97 Acts, ch 33, §2, 3; 2017 Acts, ch 145, §13
Referred to in §124.416, 901.10, 903A.5
Structure Iowa Code
Chapter 124 - CONTROLLED SUBSTANCES
Section 124.101 - Definitions.
Section 124.101A - Administration of controlled substances — delegation.
Section 124.101B - Factors indicating an imitation controlled substance.
Section 124.201 - Duty to recommend changes in schedules — temporary amendments to schedules.
Section 124.201A - Cannabis-derived products — rules.
Section 124.202 - Controlled substances — listed regardless of name.
Section 124.203 - Substances listed in schedule I — criteria.
Section 124.204 - Schedule I — substances included.
Section 124.205 - Substances listed in schedule II — criteria.
Section 124.206 - Schedule II — substances included.
Section 124.207 - Substances listed in schedule III — criteria.
Section 124.208 - Schedule III — substances included.
Section 124.209 - Substances listed in schedule IV — criteria.
Section 124.210 - Schedule IV — substances included.
Section 124.211 - Schedule V — criteria.
Section 124.212 - Schedule V — substances included.
Section 124.212B - Pseudoephedrine sales — tracking — penalty.
Section 124.212C - Pseudoephedrine advisory council — electronic monitoring.
Section 124.213 - Pseudoephedrine purchase restrictions from pharmacy or retailer — penalty.
Section 124.302 - Registration requirements.
Section 124.303 - Registration.
Section 124.304 - Revocation, suspension, or restriction of registration.
Section 124.305 - Contested case proceedings.
Section 124.306 - Records of registrants.
Section 124.307 - Order forms.
Section 124.308 - Prescriptions.
Section 124.401C - Manufacturing methamphetamine in presence of minors.
Section 124.401G - Iowa hemp Act — negligent violation program.
Section 124.402 - Prohibited acts — distributors — registrants — proprietors — penalties.
Section 124.404 - Penalties under other laws.
Section 124.405 - Bar to prosecution.
Section 124.406 - Distribution to person under age eighteen.
Section 124.406A - Use of persons under age eighteen in the drug trade.
Section 124.407 - Gatherings where controlled substances unlawfully used — penalties.
Section 124.408 - Joint criminal trials.
Section 124.409 - Conditional discharge, commitment for treatment, and probation.
Section 124.410 - Accommodation offense.
Section 124.411 - Second or subsequent offenses.
Section 124.412 - Notice of conviction.
Section 124.413 - Mandatory minimum sentence — parole eligibility.
Section 124.414 - Drug paraphernalia.
Section 124.415 - Parental and school notification — persons under eighteen years of age.
Section 124.416 - Exception to restrictions on bail.
Section 124.417 - Imitation controlled substances — exceptions.
Section 124.418 - Persons seeking medical assistance for drug-related overdose.
Section 124.501 - Responsibility for enforcement.
Section 124.502 - Administrative inspections and warrants.
Section 124.503 - Injunctions.
Section 124.504 - Cooperative arrangements and confidentiality.
Section 124.506 - Controlled substances — disposal.
Section 124.506A - Large seizure of a controlled substance — evidence and disposal.
Section 124.507 - Burden of proof — liabilities.
Section 124.508 - Judicial review.
Section 124.509 - Education and research.
Section 124.510 - Reports of arrests and analyses to department.
Section 124.550 - Definitions.
Section 124.551 - Information program for drug prescribing and dispensing.
Section 124.551A - Prescribing practitioner program registration.
Section 124.552 - Information reporting.
Section 124.553 - Information access.
Section 124.554 - Rules and reporting.
Section 124.555 - Advisory council established.
Section 124.556 - Education and treatment.
Section 124.557 - Drug information program fund — surcharge.
Section 124.558 - Prohibited acts — penalties.