reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.406 - Distribution to person under age eighteen.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.406A - Use of persons under age eighteen in the drug trade.

124.406A Use of persons under age eighteen in the drug trade.
It is unlawful for a person who is eighteen years of age or older to conspire with or recruit a person under the age of eighteen for the purpose of delivering or manufacturing a controlled substance classified in schedules I through IV. A person violating this section commits a class “C” felony.
94 Acts, ch 1172, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.407 - Gatherings where controlled substances unlawfully used — penalties.

124.407 Gatherings where controlled substances unlawfully used — penalties.
1. It is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be there distributed, used, or possessed, in violation of this chapter.
2. a. Any person who violates this section and where the controlled substance is any one other than marijuana is guilty of a class “D” felony.
b. Any person who violates this section, and where the controlled substance is marijuana only, is guilty of a serious misdemeanor.
3. The district court shall grant an injunction barring a meeting, gathering, or assemblage if upon hearing the court finds that the sponsors or promoters of the meeting, gathering, or assemblage have not taken reasonable means to prevent the unlawful distribution, use, or possession of a controlled substance. Further injunctive relief may be granted against all persons furnishing goods or services to such meeting, gathering, or assemblage.
4. The district court may, upon application and a showing of one or more of the grounds provided in section 639.3, grant to the state or governmental subdivision thereof a writ of attachment, ex parte, without bond, in an amount necessary to secure the payment of any fine that may be imposed and the payment of costs. The reasonable expense to the state and governmental subdivisions thereof to provide the necessary law enforcement resulting from a meeting, gathering, or assemblage held in violation of this section may be taxed as costs in the criminal action.
[C73, 75, 77, 79, 81, §204.407]
C93, §124.407
99 Acts, ch 135, §13; 2017 Acts, ch 54, §29
Referred to in §124.418
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.408 - Joint criminal trials.

124.408 Joint criminal trials.
Information, indictments, trial, and sentencing for violations of this chapter may allege any number of violations of their provisions against one person and join one or more persons as defendants who it is alleged violated the same provisions in the same transaction or series of transactions and which involve common questions of law and fact. The several charges shall be set out in separate counts and each accused person shall be convicted or acquitted upon each count by separate verdict. Each accused person shall thereafter be sentenced upon each verdict of guilty. The court may consider such separate verdicts of guilty returned at the same time as one offense for the purpose of sentencing as provided in this chapter. The court may grant a severance and separate trial to any accused person jointly charged or indicted if it appears that substantial injustice would result to such accused person unless a separate trial was granted.
[C73, 75, 77, 79, 81, §204.408]
C93, §124.408
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.409 - Conditional discharge, commitment for treatment, and probation.

124.409 Conditional discharge, commitment for treatment, and probation.
1. Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a violation of that section, is addicted to, dependent upon, or a chronic abuser of any controlled substance and that such person will be aided by proper medical treatment and rehabilitative services, the court may order that the person be committed as an in-patient or out-patient to a facility licensed by the Iowa department of public health for medical treatment and rehabilitative services.
2. A person committed under this section who is not possessed of sufficient income or estate to enable the person to make payment of the costs of such treatment in whole or in part shall be considered a state patient and the costs of treatment shall be paid as provided in section 125.44. The determination of ability to pay shall be made by the court. The court shall require the patient, or the patient’s parent, guardian, or custodian to complete under oath a detailed financial statement. The court may enter appropriate orders requiring the patient or those legally liable for the patient’s support to reimburse the state with the costs, or any part thereof.
3. In order to obtain the most effective results from such medical treatment and rehabilitative services, the court may commit the person to the custody of a public or private agency or any other responsible person and impose other conditions upon the commitment as is necessary to ensure compliance with the court’s order and to ensure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.
4. If it is established thereafter to the satisfaction of the court that the person has again violated a provision of this chapter, the person may be returned to custody or sentenced upon conviction as provided by law.
5. The public or private agency or responsible person to whom the accused person was committed by the court shall immediately report to the court when the person has received maximum benefit from the program or has recovered from addiction, dependency, or tendency to chronically abuse any controlled substance. The person shall then be returned to the court for disposition of the case. If the person has been charged or indicted, but not convicted, such charge shall proceed to trial or final disposition. If the person has been convicted or is thereafter convicted, the court shall sentence the person as provided by law but may remit all or any part of the sentence and place the person on probation upon terms and conditions as the court may prescribe.
[C73, 75, 77, 79, 81, §204.409]
84 Acts, ch 1013, §16
C93, §124.409
96 Acts, ch 1034, §4; 2002 Acts, ch 1175, §26
; 2002 Acts, 2nd Ex, ch 1003, §237, 262
; 2019 Acts, ch 59, §49; 2020 Acts, ch 1062, §23; 2021 Acts, ch 76, §26
Referred to in §125.44, 125.89
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.410 - Accommodation offense.

124.410 Accommodation offense.
1. In a prosecution for unlawful delivery or possession with intent to deliver marijuana, if the prosecution proves that the defendant violated the provisions of section 124.401, subsection 1, by proving that the defendant delivered or possessed with intent to deliver one-half ounce or less of marijuana which was not offered for sale, the defendant is guilty of an accommodation offense and rather than being sentenced as if convicted for a violation of section 124.401, subsection 1, paragraph “d”, shall be sentenced as if convicted of a violation of section 124.401, subsection 5. An accommodation offense may be proved as an included offense under a charge of delivering or possessing with the intent to deliver marijuana in violation of section 124.401, subsection 1.
2. Subsection 1 does not apply to any of the following:
a. Hashish, hashish oil, or other derivatives of marijuana as defined in section 124.101, subsection 20.
b. Hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.
[C73, 75, 77, 79, 81, §204.410]
89 Acts, ch 225, §13
C93, §124.410
99 Acts, ch 67, §1; 2019 Acts, ch 130, §26, 33
Referred to in §124.401G, 124.413
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.411 - Second or subsequent offenses.

124.411 Second or subsequent offenses.
1. Any person convicted of a second or subsequent offense under this chapter, may be punished by imprisonment for a period not to exceed three times the term otherwise authorized, or fined not more than three times the amount otherwise authorized, or punished by both such imprisonment and fine.
2. For purposes of this section, an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under any state or federal statute relating to narcotic drugs or cocaine, marijuana, depressant, stimulant, or hallucinogenic drugs.
3. This section does not apply to any of the following:
a. An offense under section 124.401, subsection 5.
b. Hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.
[C97, §5003; C24, 27, 31, 35, §3168, 3169; C39, §3169.21; C46, 50, 54, 58, 62, §204.22; C66, 71, §204.20; C73, 75, 77, 79, 81, §204.411]
84 Acts, ch 1013, §17
C93, §124.411
2019 Acts, ch 130, §27, 33
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.412 - Notice of conviction.

124.412 Notice of conviction.
If a person enters a plea of guilty to, or forfeits bail or collateral deposited to secure the person’s appearance in court, and such forfeiture is not vacated, or if a person is found guilty upon an indictment or information alleging a violation of this chapter, a copy of the minutes attached to the indictment returned by the grand jury, or to the county attorney’s information, a copy of the judgment and sentence, and a copy of the opinion of the judge if one is filed, shall be sent by the clerk of the district court or the judge to any state board or officer by whom the convicted person has been licensed or registered to practice the person’s profession or carry on the person’s business. On the conviction of a person, the court may suspend or revoke the license or registration of the convicted defendant to practice the defendant’s profession or carry on the defendant’s business. On the application of a person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, the board or officer may reinstate the license or registration.
[C39, §3169.15; C46, 50, 54, 58, 62, §204.16; C66, 71, §204.15; C73, 75, 77, 79, 81, §204.412]
C93, §124.412
93 Acts, ch 16, §1; 2018 Acts, ch 1172, §95, 104
Referred to in §602.8102(35)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.413 - Mandatory minimum sentence — parole eligibility.

124.413 Mandatory minimum sentence — parole eligibility.
1. Except as provided in subsection 3 and sections 901.11 and 901.12, a person sentenced pursuant to section 124.401, subsection 1, paragraph “a”, “b”, “e”, or “f”, shall not be eligible for parole or work release until the person has served a minimum term of confinement of one-third of the maximum indeterminate sentence prescribed by law.
2. This section shall not apply if:
a. The offense is found to be an accommodation pursuant to section 124.410; or
b. The controlled substance is marijuana.
3. A person serving a sentence pursuant to section 124.401, subsection 1, paragraph “b”, shall be denied parole or work release, based upon all the pertinent information as determined by the court under section 901.11, subsection 1, until the person has served between one-half of the minimum term of confinement prescribed in subsection 1 and the maximum indeterminate sentence prescribed by law.
[C79, 81, §204.413]
89 Acts, ch 225, §14
C93, §124.413
2009 Acts, ch 41, §182; 2016 Acts, ch 1104, §1, 2; 2017 Acts, ch 122, §10, 11
Referred to in §124.401E, 232.45, 901.10, 901.11, 901.12, 903A.5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.414 - Drug paraphernalia.

124.414 Drug paraphernalia.
1. a. As used in this section, “drug paraphernalia” means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:
(1) Manufacture a controlled substance.
(2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
(3) Test the strength, effectiveness, or purity of a controlled substance.
(4) Enhance the effect of a controlled substance.
b. “Drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.
2. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia.
3. A person who violates this section commits a simple misdemeanor.
2000 Acts, ch 1144, §4
Referred to in §124.418
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.415 - Parental and school notification — persons under eighteen years of age.

124.415 Parental and school notification — persons under eighteen years of age.
A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered to be in possession of a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of this chapter, and if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is an employee shall make a reasonable attempt to notify the person’s custodial parent or legal guardian of such possession, whether or not the person is arrested, unless the officer has reasonable grounds to believe that such notification is not in the best interests of the person or will endanger that person. If the person is taken into custody, the peace officer shall notify a juvenile court officer who shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district, the superintendent’s designee, or the authorities in charge of the nonpublic school of the taking into custody. A reasonable attempt to notify the person includes but is not limited to a telephone call or notice by first-class mail.
90 Acts, ch 1251, §8
C91, §204.415
C93, §124.415
94 Acts, ch 1172, §11; 95 Acts, ch 191, §5; 2017 Acts, ch 145, §14
Referred to in §232.147
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.416 - Exception to restrictions on bail.

124.416 Exception to restrictions on bail.
Notwithstanding section 811.1, the court, after making the finding required by section 811.1, subsection 3, may admit a person convicted of a violation of section 124.401, subsection 2, or of a violation of section 124.406, to bail if the prosecuting attorney in the action and the defendant’s counsel jointly petition the court to admit the person to bail.
90 Acts, ch 1251, §9
C91, §204.416
C93, §124.416
95 Acts, ch 191, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.417 - Imitation controlled substances — exceptions.

124.417 Imitation controlled substances — exceptions.
It is not unlawful under this chapter for a person registered under section 124.302, to manufacture, deliver, or possess with the intent to manufacture or deliver, or to act with, one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver an imitation controlled substance for use as a placebo by a registered practitioner in the course of professional practice or research.
2017 Acts, ch 145, §15
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.501 - Responsibility for enforcement.

124.501 Responsibility for enforcement.
The department is primarily responsible for the enforcement of this chapter, and all other laws and regulations of this state, relating to controlled or counterfeit substances, or simulated or imitation controlled substances, except that the board is primarily responsible for making accountability audits of the supply and inventory of controlled substances in the possession of pharmacists, doctors, hospitals, and health care facilities as defined in section 135C.1, subsection 8, as well as in the possession of any and all other individuals or institutions authorized to have possession of any controlled substances, and is also primarily responsible for any other duties in respect to controlled substances as specifically delegated to the board by law. An officer or employee of the board may, when so directed or authorized by the board:
1. Execute and serve search warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this state.
2. Make seizures of property pursuant to the provisions of this chapter.
[C39, §3169.19; C46, 50, 54, 58, 62, §204.20, 204.26; C66, 71, §204.19; C73, 75, 77, 79, 81, §204.501; 82 Acts, ch 1147, §10]
C93, §124.501
Referred to in §124.502
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.503 - Injunctions.

124.503 Injunctions.
1. The district court may exercise jurisdiction to enjoin violations of this chapter.
2. In case of an alleged violation of an injunction or restraining order issued under this section, upon demand of the defendant, trial shall be by a jury.
[C73, 75, 77, 79, 81, §204.503]
C93, §124.503
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.504 - Cooperative arrangements and confidentiality.

124.504 Cooperative arrangements and confidentiality.
1. The department and board, subject to approval and direction of the governor, shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may jointly:
a. Arrange for the exchange of information between governmental officials concerning the use and abuse of controlled substances.
b. Coordinate and cooperate in training programs on controlled substance law enforcement at the local and state levels.
c. Cooperate with the bureau by establishing a centralized unit which will accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make such information available for federal, state and local law enforcement purposes; except that they shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection 3.
d. Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.
2. Results, information, and evidence received from the bureau relating to the regulatory functions of this chapter, including results of inspections conducted by that agency may be relied upon and acted upon by the board or the department in the exercise of their regulatory functions under this chapter.
3. A practitioner engaged in medical practice or research or the Iowa drug abuse authority or any program which is licensed by the authority shall not be required to furnish the name or identity of a patient or research subject to the board or the department, nor shall the practitioner or the authority or any program which is licensed by the authority be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner or the authority or any of its licensed programs is obligated to keep confidential.
[C73, 75, 77, 79, 81, §204.504]
C93, §124.504
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.506A - Large seizure of a controlled substance — evidence and disposal.

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
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.507 - Burden of proof — liabilities.

124.507 Burden of proof — liabilities.
1. It is not necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter. The proof of entitlement to any exemption or exception by the person claiming its benefit shall be a valid defense.
2. The absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this chapter creates a rebuttable presumption that the person is not the holder of such registration or form.
3. No liability shall be imposed by virtue of this chapter upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer’s duties.
[C24, 27, 31, 35, §3156; C39, §3169.18; C46, 50, 54, 58, 62, §204.19; C66, 71, §204.18; C73, 75, 77, 79, 81, §204.507]
C93, §124.507
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.508 - Judicial review.

124.508 Judicial review.
Judicial review of actions of board or department may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C73, 75, 77, 79, 81, §204.508]
C93, §124.508
2003 Acts, ch 44, §114
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.510 - Reports of arrests and analyses to department.

124.510 Reports of arrests and analyses to department.
Any peace officer who arrests for any crime, any known unlawful user of the drugs described in schedule I, II, III, or IV, or who arrests any person for a violation of this chapter, or charges any person with a violation of this chapter subsequent to the person’s arrest, shall within five days after the arrest or the filing of the charge, whichever is later, report the arrest and the charge filed to the department. The peace officer or any other peace officer or law enforcement agency which makes or obtains any quantitative or qualitative analysis of any substance seized in connection with the arrest of the person charged, shall report to the department the results of the analysis at the time the arrest is reported or at such later time as the results of the analysis become available. This information is for the exclusive use of the division of narcotics enforcement in the department of public safety, and shall not be a matter of public record.
[C73, 75, 77, 79, 81, §204.510]
C93, §124.510
2005 Acts, ch 35, §29; 2018 Acts, ch 1041, §41
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.550 - Definitions.

124.550 Definitions.
For purposes of this subchapter, unless the context otherwise requires:
1. “Pharmacist” means a practicing pharmacist who is actively engaged in and responsible for the pharmaceutical care of the patient about whom information is requested.
2. “Prescribing practitioner” means a practitioner who has prescribed or is contemplating the authorization of a prescription for the patient about whom information is requested. “Prescribing practitioner” does not include a licensed veterinarian.
3. “Proactive notification” means a notification by the board, generated based on factors determined by the board and issued to a specific prescribing practitioner or pharmacist, indicating that a patient may be practitioner shopping or pharmacy shopping or at risk of abusing or misusing a controlled substance.
4. “Program” means the information program for drug prescribing and dispensing.
2016 Acts, ch 1052, §1; 2017 Acts, ch 54, §76; 2018 Acts, ch 1138, §1, 2, 17
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.551 - Information program for drug prescribing and dispensing.

124.551 Information program for drug prescribing and dispensing.
1. Contingent upon the receipt of funds pursuant to section 124.557 sufficient to carry out the purposes of this subchapter, the board, in conjunction with the advisory council created in section 124.555, shall establish and maintain an information program for drug prescribing and dispensing.
2. a. The program shall collect from pharmacies dispensing information for controlled substances identified pursuant to section 124.554, subsection 1, paragraph “g”, and from first responders as defined in section 147A.1, subsection 7, with the exception of emergency medical care providers as defined in section 147A.1, subsection 4, administration information for opioid antagonists. The department of public health shall provide information for the administration of opioid antagonists to the board as prescribed by rule for emergency medical care providers as defined in section 147A.1, subsection 4. The board shall adopt rules requiring the following information to be provided regarding the administration of opioid antagonists:
(1) Patient identification.
(2) Identification of the person administering opioid antagonists.
(3) The date of administration.
(4) The quantity of opioid antagonists administered.
b. The information collected shall be used by prescribing practitioners, veterinarians, and pharmacists on a need-to-know basis for purposes of improving patient health care by facilitating early identification of patients who may be at risk for addiction, or who may be using, abusing, or diverting drugs for unlawful or otherwise unauthorized purposes at risk to themselves and others, or who may be appropriately using controlled substances lawfully prescribed for them but unknown to the practitioner.
3. The board shall implement technological improvements to facilitate secure access to the program through electronic health and pharmacy information systems. The board shall collect, store, and disseminate program information consistent with security criteria established by rule, including use of appropriate encryption or other industry-recognized security technology.
4. The board shall seek any federal waiver necessary to implement the provisions of the program.
2006 Acts, ch 1147, §2, 11; 2016 Acts, ch 1052, §2; 2017 Acts, ch 54, §76; 2018 Acts, ch 1138, §3; 2020 Acts, ch 1024, §1
Referred to in §22.7(51)
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.551A - Prescribing practitioner program registration.

124.551A Prescribing practitioner program registration.
A prescribing practitioner shall register for the program at the same time the prescribing practitioner applies to the board to register or renews registration to prescribe controlled substances as required by the board. Once the prescribing practitioner registers for the program, the prescribing practitioner or the prescribing practitioner’s designated agent shall utilize the program database prior to issuing an opioid prescription as prescribed by rules adopted by the prescribing practitioner’s licensing board to assist the prescribing practitioner in determining appropriate treatment options and to improve the quality of patient care. A prescribing practitioner shall not be required to utilize the program database to assist in the treatment of a patient receiving inpatient hospice care or long-term residential facility patient care.
2018 Acts, ch 1138, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.552 - Information reporting.

124.552 Information reporting.
1. Unless otherwise prohibited by federal or state law, each licensed pharmacy that dispenses controlled substances identified pursuant to section 124.554, subsection 1, paragraph “g”, to patients in the state, each licensed pharmacy located in the state that dispenses such controlled substances identified pursuant to section 124.554, subsection 1, paragraph “g”, to patients inside or outside the state, unless specifically excepted in this section or by rule, and each prescribing practitioner furnishing, dispensing, or supplying controlled substances to the prescribing practitioner’s patient, shall submit the following prescription information to the program:
a. Pharmacy identification.
b. Patient identification.
c. Prescribing practitioner identification.
d. The date the prescription was issued by the prescribing practitioner.
e. The date the prescription was dispensed.
f. An indication of whether the prescription dispensed is new or a refill.
g. Identification of the drug dispensed.
h. Quantity of the drug dispensed.
i. The number of days’ supply of the drug dispensed.
j. Serial or prescription number assigned by the pharmacy.
k. Type of payment for the prescription.
l. Other information identified by the board by rule.
2. Information shall be submitted electronically in a secure format specified by the board unless the board has granted a waiver and approved an alternate secure format.
3. Information shall be timely transmitted within one business day of the dispensing of the controlled substance, unless the board grants an extension. The board may grant an extension if either of the following occurs:
a. The pharmacy or prescribing practitioner suffers a mechanical or electronic failure, or cannot meet the deadline established by the board for other reasons beyond the pharmacy’s or practitioner’s control.
b. The board is unable to receive electronic submissions.
4. This section shall not apply to dispensing by a licensed pharmacy for the purposes of inpatient hospice care or long-term residential facility patient care.
2006 Acts, ch 1147, §3, 11; 2007 Acts, ch 126, §25, 26; 2018 Acts, ch 1138, §5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.555 - Advisory council established.

124.555 Advisory council established.
An advisory council shall be established to provide oversight to the board and the program and to comanage program activities.
1. The council shall consist of members appointed by the board. The members shall include at least one licensed pharmacist, one physician licensed under chapter 148, one licensed prescribing practitioner who is not a physician, and other members as determined by the board. The board shall adopt rules in accordance with chapter 17A on matters pertaining to the council membership, including the terms of appointment and quorum. The board shall solicit recommendations for council members from Iowa health professional licensing boards, associations, and societies. The license of each member appointed to and serving on the advisory council shall be current and in good standing with the professional’s licensing board.
2. The council shall advance the goals of the program, which include identification of misuse and diversion of controlled substances identified pursuant to section 124.554, subsection 1, paragraph “g”, and enhancement of the quality of health care delivery in this state.
3. Duties of the council shall include but not be limited to the following:
a. Ensuring the confidentiality of the patient, prescribing practitioner, and dispensing pharmacist and pharmacy.
b. Respecting and preserving the integrity of the patient’s treatment relationship with the patient’s health care providers.
c. Encouraging and facilitating cooperative efforts among health care practitioners and other interested and knowledgeable persons in developing best practices for prescribing and dispensing controlled substances and in educating health care practitioners and patients regarding controlled substance use and abuse.
d. Making recommendations regarding the continued benefits of maintaining the program in relationship to cost and other burdens to the patient, prescribing practitioner, pharmacist, and the board. The council’s recommendations shall be included in reports required by section 124.554, subsection 2.
e. Monitoring and ensuring that patient confidentiality, best interests, and civil liberties are at all times protected and preserved during the existence of the program.
4. Members of the advisory council shall be eligible to request and receive actual expenses for their duties as members of the advisory council, subject to reimbursement limits imposed by the department of administrative services, and shall also be eligible to receive a per diem compensation as provided in section 7E.6, subsection 1.
2006 Acts, ch 1147, §6, 11; 2007 Acts, ch 126, §31, 32; 2008 Acts, ch 1088, §82; 2022 Acts, ch 1049, §12 – 14
Referred to in §124.551, 124.554
Unnumbered paragraph 1 amended
Subsection 1 amended
Subsection 3, paragraph e amended
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.556 - Education and treatment.

124.556 Education and treatment.
The program shall include education initiatives and outreach to consumers, prescribing practitioners, and pharmacists, and shall also include assistance for identifying substance abuse treatment programs and providers. The program shall also include educational updates and information on general patient risk factors for prescribing practitioners. The board and advisory council shall adopt rules, as provided under section 124.554, to implement this section.
2006 Acts, ch 1147, §7, 11; 2007 Acts, ch 126, §33; 2018 Acts, ch 1138, §16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.557 - Drug information program fund — surcharge.

124.557 Drug information program fund — surcharge.
The drug information program fund is established to be used by the board to fund or assist in funding the program. The board may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value, which it determines necessary to carry out the purposes of this subchapter. The board may add a surcharge of not more than twenty-five percent to the applicable fee for a registration issued pursuant to section 124.302 and the surcharge shall be deposited into the fund. Moneys received by the board to establish and maintain the program must be used for the expenses of administering this subchapter. Notwithstanding section 8.33, amounts contained in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated in future years.
2006 Acts, ch 1147, §8, 11; 2017 Acts, ch 54, §76; 2018 Acts, ch 1138, §8
Referred to in §124.308, 124.551, 155A.27
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.558 - Prohibited acts — penalties.

124.558 Prohibited acts — penalties.
1. Failure to comply with requirements. A pharmacist, pharmacy, prescribing practitioner, or agent of a pharmacist or prescribing practitioner who knowingly fails to comply with the confidentiality requirements of this subchapter or who delegates program information access to another individual except as provided in section 124.553, is subject to disciplinary action by the appropriate professional licensing board. A pharmacist, pharmacy, or prescribing practitioner that knowingly fails to comply with other requirements of this subchapter is subject to disciplinary action by the board. Each licensing board may adopt rules in accordance with chapter 17A to implement the provisions of this section.
2. Unlawful access, disclosure, or use of information. A person who intentionally or knowingly accesses, uses, or discloses program information in violation of this subchapter, unless otherwise authorized by law, is guilty of a class “D” felony. This section shall not preclude a pharmacist or prescribing practitioner who requests and receives information from the program consistent with the requirements of this chapter from otherwise lawfully providing that information to any other person for medical or pharmaceutical care purposes.
2006 Acts, ch 1147, §9, 11; 2007 Acts, ch 126, §34; 2011 Acts, ch 58, §2; 2017 Acts, ch 54, §76; 2018 Acts, ch 1138, §9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.601 - Uniformity of interpretation.

124.601 Uniformity of interpretation.
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[C24, 27, 31, 35, §3167; C39, §3169.23; C46, 50, 54, 58, 62, §204.24; C66, 71, §204.22; C73, 75, 77, 79, 81, §204.601]
C93, §124.601
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.602 - Short title.

124.602 Short title.
This chapter may be cited as the “Uniform Controlled Substances Act”.
[C39, §3169.24; C46, 50, 54, 58, 62, §204.25; C66, 71, §204.23; C73, 75, 77, 79, 81, §204.602]
C93, §124.602
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124B - PRECURSOR SUBSTANCES › Section 124B.1 - Definitions.

124B.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Board” means the board of pharmacy.
2. “Controlled substance” means a controlled substance as defined in section 124.101.
3. “Practitioner” means a practitioner as defined in section 155A.3.
4. “Precursor substance” means a substance which may be used as a precursor in the illegal production of a controlled substance and is specified under section 124B.2.
5. “Recipient” means a person in this state who purchases, transfers, or otherwise receives a precursor substance.
6. “Vendor” means a person who manufactures, wholesales, retails, or otherwise sells, transfers, or furnishes in this state a precursor substance.
90 Acts, ch 1251, §10
C91, §204B.1
C93, §124B.1
2007 Acts, ch 10, §16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124B - PRECURSOR SUBSTANCES › Section 124B.3 - Identification required.

124B.3 Identification required.
1. Before selling, transferring, or otherwise furnishing any substance specified in section 124B.2 to a person in this state, a vendor shall require proper identification from the purchaser.
2. For the purposes of this section, in the case of a face-to-face purchase, “proper identification” means all of the following:
a. A driver’s license containing the purchaser’s photograph and residential or mailing address, other than a post office box number, or any other official state-issued identification containing this information.
b. The motor vehicle license number of the vehicle owned or operated by the purchaser.
c. A letter of authorization from the person who is making the purchase. The letter shall include the person’s business license number and business address, a description as to how the substance will be used, and the purchaser’s signature. The vendor shall affix the vendor’s signature as a witness to the signature and identification of the purchaser.
3. The board shall provide by rule for the form of proper identification required for purchases which are not face to face.
4. A person who violates this section or rules adopted pursuant to this section commits a simple misdemeanor.
90 Acts, ch 1251, §12
C91, §204B.3
92 Acts, ch 1175, §27
C93, §124B.3
98 Acts, ch 1073, §9
Referred to in §124B.4, 124B.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124B - PRECURSOR SUBSTANCES › Section 124B.4 - Vendor reporting.

124B.4 Vendor reporting.
1. At least twenty-one days prior to the delivery of a precursor substance to a recipient, the vendor shall submit a report of the transaction to the board. The report must contain the identification information specified under section 124B.3. However, if regular, repeated transactions of a particular precursor substance occur between the vendor and the recipient, the board may authorize the vendor to report the transactions monthly if either of the following conditions exists:
a. A pattern of regular supply of the precursor substance exists between the vendor and the recipient.
b. The recipient has established a record of lawfully using the precursor substance.
2. A vendor who does not submit a report pursuant to this section commits a serious misdemeanor.
90 Acts, ch 1251, §13
C91, §204B.4
C93, §124B.4
Referred to in §124B.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124B - PRECURSOR SUBSTANCES › Section 124B.5 - Receipt of substance from outside the state — penalty.

124B.5 Receipt of substance from outside the state — penalty.
1. A vendor, recipient, or other person required to report pursuant to this chapter who receives a precursor substance from a source outside the state shall submit a report to the board pursuant to rules adopted by the board.
2. A person who does not submit a report required under this section commits a serious misdemeanor.
90 Acts, ch 1251, §14
C91, §204B.5
C93, §124B.5
Referred to in §124B.6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124B - PRECURSOR SUBSTANCES › Section 124B.6 - Exceptions.

124B.6 Exceptions.
The requirements of sections 124B.2 through 124B.5 do not apply to any of the following:
1. A licensed pharmacist or other person authorized under chapter 155A to sell or furnish a precursor substance upon the prescription of a practitioner.
2. A practitioner who administers or furnishes a precursor substance to a patient.
3. A vendor who holds a permit issued by the board and who sells, transfers, or otherwise furnishes a precursor substance to a practitioner or a pharmacy as defined in section 155A.3.
4. A sale, transfer, furnishing, or receipt of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a cosmetic containing a precursor substance if the drug or cosmetic is lawfully sold, transferred, or furnished over the counter without a prescription in accordance with chapter 126.
90 Acts, ch 1251, §15
C91, §204B.6
C93, §124B.6
Referred to in §124B.8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124B - PRECURSOR SUBSTANCES › Section 124B.7 - Reporting form.

124B.7 Reporting form.
1. The board shall adopt rules prescribing a common form for the filing of reports required under this chapter. The rules shall provide that the information which must be submitted shall include but is not limited to all of the following:
a. The name of the precursor substance.
b. The quantity of the precursor substance sold, transferred, or furnished.
c. The date the precursor substance was sold, transferred, or furnished.
d. The name and address of the recipient.
e. The name and address of the vendor.
2. Reports authorized under subsection 1 may be computer-generated and submitted monthly in accordance with rules adopted by the board.
90 Acts, ch 1251, §16
C91, §204B.7
C93, §124B.7