Iowa Code 716A.3 – Sale or offer for direct sale of prescription drugs — criminal penalties
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 25 years | |
| Class D felony | up to 5 years | between $1,025 and $10,245 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 716A.3
- Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
716A.3 Sale or offer for direct sale of prescription drugs — criminal penalties.
1. The retail sale or offer of direct retail sale of a prescription drug, as defined in section
155A.3, through the use of electronic mail or the internet by a person other than a licensed pharmacist, physician, dentist, optometrist, podiatric physician, or veterinarian is prohibited. A person who violates this subsection is guilty of a simple misdemeanor.
2. a. A person who knowingly sells an adulterated or misbranded drug through the use of electronic mail or the internet is guilty of a class “”D”” felony.
b. If the death of a person occurs as the result of consuming a drug, as defined in section
155A.3, sold in violation of this subsection, the violation is a class “”B”” felony.
2005 Acts, ch 123, §3; 2013 Acts, ch 90, §197
1. The retail sale or offer of direct retail sale of a prescription drug, as defined in section
155A.3, through the use of electronic mail or the internet by a person other than a licensed pharmacist, physician, dentist, optometrist, podiatric physician, or veterinarian is prohibited. A person who violates this subsection is guilty of a simple misdemeanor.
2. a. A person who knowingly sells an adulterated or misbranded drug through the use of electronic mail or the internet is guilty of a class “”D”” felony.
b. If the death of a person occurs as the result of consuming a drug, as defined in section
155A.3, sold in violation of this subsection, the violation is a class “”B”” felony.
2005 Acts, ch 123, §3; 2013 Acts, ch 90, §197