124.506A Large seizure of a controlled substance — evidence and disposal.
1. a. Notwithstanding the provisions of section 124.506, if more than ten pounds of marijuana or more than one pound of any other controlled substance is seized as a result of a violation of this chapter, the law enforcement agency responsible for retaining the seized controlled substance may destroy the seized controlled substance if the law enforcement agency retains at least ten pounds of the marijuana seized or at least one pound of any other controlled substance seized for evidence purposes.
b. Paragraph “a” does not apply to hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.
2. Prior to the destruction of any controlled substance under this section, the law enforcement agency shall photograph the controlled substance to be destroyed with identifying case numbers or any other case identifiers and prepare a written report detailing any relevant information about the destruction of the controlled substance. At least thirty days prior to any destruction of a controlled substance, the law enforcement agency destroying the controlled substance shall notify in writing any person arrested in connection with the seizure, the attorney of the person if represented, and any other attorney of record including the prosecuting attorney, and the law enforcement agency that made the arrest if the agency is different than the law enforcement agency responsible for retaining the seized controlled substance, that the law enforcement agency is planning to photograph and destroy part of the controlled substance seized, and any person or agency notified may be present at the photographing of the controlled substance to be destroyed.
3. Any person or agency notified about the destruction of part of the controlled substance seized, or any other interested party, may file an application with the district court resisting the destruction of any of the controlled substance.
4. A rebuttable presumption is created that the portion of any controlled substance retained for representation purposes as evidence and all photographs and records made under this section and properly identified are admissible in any court proceeding for any purpose for which the destroyed controlled substance would have been admissible.
2006 Acts, ch 1027, §1; 2006 Acts, ch 1185, §119; 2019 Acts, ch 130, §28, 33
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.