Iowa Code 124.401D – Conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver to a minor
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1. a. It is unlawful for a person eighteen years of age or older to act with, or enter into a common scheme or design with, or conspire with one or more persons to manufacture for delivery to a person under eighteen years of age a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of section 124.401, subsection 1, paragraph “a”, “b”, or “c”.
b. A person violating this subsection shall be sentenced to two times the term otherwise imposed under section 124.401, subsection 1, and no such judgment, sentence, or part thereof shall be deferred or suspended.
c. A second or subsequent violation of this subsection is a class “A” felony.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | life |
Terms Used In Iowa Code 124.401D
- Controlled substance: means a drug, substance, or immediate precursor in schedules I through V of subchapter II of this chapter. See Iowa Code 124.101
- Counterfeit substance: means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance. See Iowa Code 124.101
- delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Iowa Code 124.101
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Imitation controlled substance: means a substance which is not a controlled substance but which by color, shape, size, markings, and other aspects of dosage unit appearance, and packaging or other factors, appears to be or resembles a controlled substance. See Iowa Code 124.101
- Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation, compounding, packaging, or labeling of a controlled substance:a. See Iowa Code 124.101
- Person: means a natural person. See Iowa Code 154A.1
- Person: means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 124.101
- Simulated controlled substance: means a substance which is not a controlled substance but which is expressly represented to be a controlled substance, or a substance which is not a controlled substance but which is impliedly represented to be a controlled substance and which because of its nature, packaging, or appearance would lead a reasonable person to believe it to be a controlled substance. See Iowa Code 124.101
2. a. It is unlawful for a person eighteen years of age or older to deliver, or possess with the intent to deliver to a person under eighteen years of age, a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of section 124.401, subsection 1, paragraph “a”, “b”, or “c”, or to act with, or enter into a common scheme or design with, or conspire with one or more persons to deliver or possess with the intent to deliver to a person under eighteen years of age a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of section 124.401, subsection 1, paragraph “a”, “b”, or “c”.b. A person violating this subsection shall be sentenced to two times the term otherwise imposed under section 124.401, subsection 1, and no such judgment, sentence, or part thereof shall be deferred or suspended.c. A second or subsequent violation of this subsection is a class “A” felony.3. Delivery to a minor or possession with intent to deliver to a minor a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of section 124.401, subsection 1, paragraph “a”, “b”, or “c”, shall include the following products if the person knew or had reasonable cause to believe the controlled, counterfeit, simulated, or imitation controlled substance would be delivered to a person under eighteen years of age:a. Combining a controlled substance listed in section 124.401, subsection 1, paragraph “a”, “b”, or “c”, with a food or beverage product.b. Marketing or packaging a controlled substance listed in section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to appear similar to a food or beverage product.c. Modifying the flavor or color of a controlled substance listed in section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to appear similar to a food or beverage product.