reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.9 - Judicial remedies.

123A.9 Judicial remedies.
1. If a brewer or a wholesaler who is a party to an agreement pursuant to this chapter fails to comply with this chapter or otherwise engages in conduct prohibited under this chapter, the aggrieved party may maintain a civil action in district court if the cause of action directly relates to or stems from the relationship of the individual parties under the agreement.
2. A brewer or wholesaler may bring an action for declaratory judgment for determination of any controversy arising under this chapter or out of the brewer and wholesaler agreement.
3. Upon proper petition to the district court, a brewer or wholesaler may obtain injunctive relief against a violation of this chapter.
4. In an action under subsection 1, the district court may grant the relief as the court determines is necessary or appropriate considering the purposes of this chapter. The district court may, if it finds that a brewer has acted in bad faith in invoking the amendment, modification, cancellation, nonrenewal, or termination provision of the agreement between the brewer and wholesaler, or has unreasonably withheld its consent to any assignment, transfer, or sale of the wholesaler’s business, award equitable relief, actual damages, court costs, and attorney’s fees.
5. The prevailing party in an action under subsection 1 shall be entitled to actual damages, court costs, and attorney’s fees at the court’s discretion.
6. With respect to a dispute arising under this chapter or out of the agreement between a brewer and wholesaler, the wholesaler and brewer each has the absolute right, before the wholesaler or brewer has agreed to arbitrate a particular dispute, to refuse to arbitrate that particular dispute. A brewer shall not, as a condition of entering into or renewing an agreement, require the wholesaler to agree to arbitration in lieu of judicial remedies.
7. A brewer shall not take retaliatory action against a wholesaler who files or manifests an intention to file a complaint of alleged violation of state or federal law or regulation by the brewer with the appropriate state or federal regulatory authority. Retaliatory action shall include, but shall not be limited to, refusal without good cause to continue the agreement, or a material reduction in the quality of service or quantity of products available to the wholesaler under the agreement, or impede the normal business operations of the wholesaler.
95 Acts, ch 101, §9
Referred to in §123A.7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.10 - Waiver — prohibited.

123A.10 Waiver — prohibited.
A brewer shall not require a wholesaler to waive compliance with any provision of this chapter. This chapter shall not be construed to limit or prohibit a good faith settlement of a dispute voluntarily entered into between the parties.
95 Acts, ch 101, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.11 - Indemnification.

123A.11 Indemnification.
A brewer shall fully indemnify and hold harmless the brewer’s wholesaler against any losses, including but not limited to court costs and reasonable attorney fees or damages arising out of complaints, claims, or lawsuits, including but not limited to strict liability, negligence, misrepresentation, or express or implied warranty where the complaint, claim, or lawsuit relates to the manufacture or packaging of beer or other functions by the brewer which are beyond the control of the wholesaler.
95 Acts, ch 101, §11
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.12 - Application to existing agreements.

123A.12 Application to existing agreements.
1. The provisions of this chapter apply to a valid agreement in effect immediately before July 1, 1995, when the first of the following dates occurs:
a. On the effective date of the next amendment, modification, or renewal of the existing valid agreement.
b. On the next anniversary date of the execution of the original agreement between the wholesaler and the brewer.
2. If no written agreement exists, the provisions of the chapter apply to the implied or oral unwritten agreement of a brewer and a wholesaler of that brewery on July 1, 1995.
95 Acts, ch 101, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 123A - BEER BREWERS AND WHOLESALERS — CANNED COCKTAILS › Section 123A.13 - Canned cocktails — applicability of chapter.

123A.13 Canned cocktails — applicability of chapter.
The provisions of this chapter that apply to a brewer and wholesaler of beer shall apply to a manufacturer and wholesaler of canned cocktails.
2019 Acts, ch 107, §5, 6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.101A - Administration of controlled substances — delegation.

124.101A Administration of controlled substances — delegation.
Nothing contained in this chapter shall be construed to prevent a physician, dentist, podiatric physician, or veterinarian from delegating the administration of controlled substances under this chapter to a nurse, intern, or other qualified individual or, as to veterinarians, to an orderly or assistant, under the veterinarian’s direction and supervision; all pursuant to rules adopted by the board.
2009 Acts, ch 133, §195
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.101B - Factors indicating an imitation controlled substance.

124.101B Factors indicating an imitation controlled substance.
If a substance has not been designated as an imitation controlled substance by the board and if dosage unit appearance alone does not establish that a substance is an imitation controlled substance, the following factors may be considered in determining whether the substance is an imitation controlled substance:
1. The person in control of the substance expressly or impliedly represents that the substance has the effect of a controlled substance.
2. The person in control of the substance expressly or impliedly represents that the substance because of its nature or appearance can be sold or delivered as a controlled substance or as a substitute for a controlled substance.
3. The person in control of the substance either demands or receives money or other property having a value substantially greater than the actual value of the substance as consideration for delivery of the substance.
2017 Acts, ch 145, §3
Referred to in §124.101
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.201A - Cannabis-derived products — rules.

124.201A Cannabis-derived products — rules.
1. If a cannabis-derived investigational product approved as a prescription drug medication by the United States food and drug administration is added to the federal schedule of controlled substances by the federal drug enforcement administration and notice of the addition is given to the board, the board shall similarly add the prescription drug medication in the schedule of controlled substances under this chapter.
2. If a cannabis-derived product approved as a prescription drug medication by the United States food and drug administration is eliminated from or revised in the federal schedule of controlled substances by the federal drug enforcement administration and notice of the elimination or revision is given to the board, the board shall similarly eliminate or revise the prescription drug medication in the schedule of controlled substances under this chapter.
3. The board shall adopt rules pursuant to chapter 17A to administer this section. The board may adopt rules on an emergency basis as provided in section 17A.4, subsection 3, and section 17A.5, subsection 2, to administer this section, and the rules shall be effective immediately upon filing unless a later date is specified in the rules. Any emergency rules adopted in accordance with this section shall also be published as a notice of intended action as provided in section 17A.4, subsection 1.
4. Any cannabis-derived investigational product or cannabis-derived product approved as a prescription drug medication by the United States food and drug administration shall not be considered marijuana or cannabimimetic agents, both as defined in section 124.204, tetrahydrocannabinols as used in section 124.204, subsection 4, paragraph “u”, unnumbered paragraph 1, or hemp as defined in section 204.2.
2017 Acts, ch 162, §1, 25; 2020 Acts, ch 1023, §1, 13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.202 - Controlled substances — listed regardless of name.

124.202 Controlled substances — listed regardless of name.
The controlled substances listed in the schedules in sections 124.204, 124.206, 124.208, 124.210 and 124.212 are included by whatever official name, common or usual name, chemical name, or trade name is designated.
[C73, 75, 77, 79, 81, §204.202]
C93, §124.202
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.203 - Substances listed in schedule I — criteria.

124.203 Substances listed in schedule I — criteria.
1. The board shall recommend to the general assembly that the general assembly place a substance in schedule I if the substance is not already included therein and the board finds that the substance:
a. Has high potential for abuse; and
b. Has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.
2. If the board finds that any substance included in schedule I does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.
[C73, 75, 77, 79, 81, §204.203]
C93, §124.203
2009 Acts, ch 41, §34, 263
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.205 - Substances listed in schedule II — criteria.

124.205 Substances listed in schedule II — criteria.
1. The board shall recommend to the general assembly that the general assembly place a substance in schedule II if the substance is not already included therein and the board finds that:
a. The substance has high potential for abuse;
b. The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
c. Abuse of the substance may lead to severe psychic or physical dependence.
2. If the board finds that any substance included in schedule II does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.
[C73, 75, 77, 79, 81, §204.205]
C93, §124.205
2009 Acts, ch 41, §35
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.207 - Substances listed in schedule III — criteria.

124.207 Substances listed in schedule III — criteria.
1. The board shall recommend to the general assembly that the general assembly place a substance in schedule III if the substance is not already included therein and the board finds that:
a. The substance has a potential for abuse which is less than that of the substances listed in schedules I and II;
b. The substance has currently accepted medical use in treatment in the United States; and
c. Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
2. If the board finds that any substance included in schedule III does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.
[C73, 75, 77, 79, 81, §204.207]
C93, §124.207
2009 Acts, ch 41, §36
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.209 - Substances listed in schedule IV — criteria.

124.209 Substances listed in schedule IV — criteria.
1. The board shall recommend to the general assembly that the general assembly place a substance in schedule IV if the substance is not already included therein and the board finds that:
a. The substance has a low potential for abuse when compared with the substances listed in schedule III;
b. The substance has currently accepted medical use in treatment in the United States; and
c. Abuse of the substance may lead to limited physical dependence or psychological dependence when compared with the substances listed in schedule III.
2. If the board finds that any substance included in schedule IV does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.
[C73, 75, 77, 79, 81, §204.209]
C93, §124.209
2009 Acts, ch 41, §37
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.211 - Schedule V — criteria.

124.211 Schedule V — criteria.
1. The board shall recommend to the general assembly that the general assembly place a substance in schedule V if any substance is not already included therein and the board finds that:
a. The substance has a low potential for abuse when compared with the substances listed in schedule IV;
b. The substance has currently accepted medical use in treatment in the United States; and
c. The substance has limited physical dependence or psychological dependence liability when compared with the controlled substances listed in schedule IV.
2. If the board finds that any substance included in schedule V does not meet these criteria, the board shall recommend that the general assembly place the substance in a different schedule or remove the substance from the list of controlled substances, as appropriate.
[C73, 75, 77, 79, 81, §204.211]
C93, §124.211
2009 Acts, ch 41, §38
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.212A - Pharmacy pseudoephedrine sale — restrictions — records — contingent applicability.

124.212A Pharmacy pseudoephedrine sale — restrictions — records — contingent applicability.
A pharmacy, an employee of a pharmacy, or a licensed pharmacist shall do the following:
1. Provide for the sale of a pseudoephedrine product from a locked cabinet or behind the sales counter where the public is unable to reach the product and where the public is not permitted.
2. Require the purchaser to present a government-issued photo identification card identifying the purchaser prior to purchasing a pseudoephedrine product.
3. Provide an electronic logbook for purchasers of pseudoephedrine products to sign.
4. Require the purchaser to sign the electronic logbook. If the electronic logbook is not available, require a signature that is associated with a transaction number.
5. Enter the purchaser’s name, address, date of purchase, time of purchase, name of the pseudoephedrine product purchased, and the quantity sold in the electronic logbook. If the electronic logbook is unavailable, an alternative record shall be kept that complies with the rules adopted by both the office and the board.
6. Determine that the signature in the electronic logbook corresponds with the name on the government-issued photo identification card.
7. Provide notice that a purchaser entering a false statement or misrepresentation in the electronic logbook may subject the purchaser to criminal penalties under 18 U.S.C. §1001.
8. Keep electronic logbook records and any other records obtained from pseudoephedrine purchases if the electronic logbook is unavailable for twenty-four months from the date of the last entry.
9. Disclose electronic logbook information and any other pseudoephedrine purchase records as provided by state and federal law.
10. Comply with training requirements pursuant to federal law.
2009 Acts, ch 25, §3, 9; 2010 Acts, ch 1061, §23
Referred to in §124.212
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.212B - Pseudoephedrine sales — tracking — penalty.

124.212B Pseudoephedrine sales — tracking — penalty.
1. The office shall establish a real-time electronic repository to monitor and control the sale of schedule V products containing any detectable amount of pseudoephedrine, its salts, or optical isomers, or salts of optical isomers; ephedrine; or phenylpropanolamine. A pharmacy dispensing such products shall report all such sales electronically to a central repository under the control of the office.
2. The information collected in the central repository is confidential unless otherwise ordered by a court, or released by the lawful custodian of the records pursuant to state or federal law.
3. A pharmacy, an employee of a pharmacy, or a licensed pharmacist shall not be provided access to the stored information in the electronic central repository. However, a pharmacy, an employee of a pharmacy, or a licensed pharmacist shall be provided access to the stored information for the limited purpose of determining what sales have been made by the pharmacy. A pharmacy, an employee of a pharmacy, or a licensed pharmacist shall not be given the obligation or duty to view the stored information.
4. A pharmacy, or an employee of a pharmacy, or a licensed pharmacist shall not be given the obligation or duty to seek information from the central repository if the real-time electronic logbook becomes unavailable for use.
5. If the electronic logbook is unavailable for use, a paper record for each sale shall be maintained including the purchaser’s signature. Any paper record maintained by the pharmacy shall be provided to the office for inclusion in the electronic real-time central repository as soon as practicable.
6. A pharmacy, or an employee of a pharmacy, or a licensed pharmacist shall not be liable, if acting reasonably and in good faith, to any person for any claim which may arise when reporting sales of products enumerated in subsection 1 to the central repository.
7. A person who discloses information stored in the central repository in violation of this section commits a simple misdemeanor.
8. Both the office and the board shall adopt rules to administer this section.
9. The office shall report to the board on an annual basis, beginning January 1, 2010, regarding the repository, including the effectiveness of the repository in discovering unlawful sales of pseudoephedrine products.
2009 Acts, ch 25, §4, 9; 2010 Acts, ch 1069, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.213 - Pseudoephedrine purchase restrictions from pharmacy or retailer — penalty.

124.213 Pseudoephedrine purchase restrictions from pharmacy or retailer — penalty.
1. A person shall not purchase more than three thousand six hundred milligrams of pseudoephedrine, either separately or collectively, within a twenty-four-hour period from a pharmacy, or more than one package of a product containing pseudoephedrine within a twenty-four-hour period from a retailer in violation of section 126.23A.
2. A person shall not purchase more than seven thousand five hundred milligrams of pseudoephedrine, either separately or collectively, within a thirty-day period from a pharmacy or from a retailer in violation of section 126.23A.
3. A person who violates this section commits a serious misdemeanor.
2005 Acts, ch 15, §2, 14; 2009 Acts, ch 25, §6
Referred to in §124.212
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.301 - Rules.

124.301 Rules.
The board may, subject to chapter 17A, promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this state.
[C73, 75, 77, 79, 81, §204.301]
C93, §124.301
Referred to in §147.82, 155A.43
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.302 - Registration requirements.

124.302 Registration requirements.
1. Every person who manufactures, distributes, dispenses, or conducts research with any controlled substance in this state or who proposes to engage in the manufacture, distribution, or dispensing of or conducting research with any controlled substance within this state, shall obtain and maintain a registration issued by the board in accordance with the board’s rules.
2. Persons registered by the board under this chapter to manufacture, distribute, dispense, or conduct research with controlled substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this subchapter.
3. The following persons need not register and may lawfully possess controlled substances under this chapter:
a. An agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if the agent or employee is acting in the usual course of the agent’s or employee’s business or employment.
b. A common or contract carrier or warehouse operator, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.
c. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in possession of a schedule V substance.
4. A separate registration is required for each principal place of business or professional practice where the applicant manufactures, distributes, dispenses, or conducts research with controlled substances.
5. The board may inspect the establishment of a registrant or applicant for registration in accordance with the board’s rules.
[C24, 27, 31, 35, §3155; C39, §3169.03, 3169.12; C46, 50, 54, 58, 62, 66, 71, §204.03, 204.12; C73, 75, 77, 79, 81, §204.302]
91 Acts, ch 233, §5
C93, §124.302
2017 Acts, ch 54, §76; 2018 Acts, ch 1138, §24; 2019 Acts, ch 59, §47
Referred to in §124.417, 124.557
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.303 - Registration.

124.303 Registration.
1. The board shall register an applicant to manufacture or distribute controlled substances included in sections 124.204, 124.206, 124.208, 124.210 and 124.212 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider all of the following factors:
a. Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels.
b. Compliance with applicable state and local law.
c. Any convictions of the applicant under any federal and state laws relating to any controlled substance.
d. Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion.
e. Furnishing by the applicant of false or fraudulent material in any application filed under this chapter.
f. Suspension or revocation of the applicant’s federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law.
g. Any other factors relevant to and consistent with the public health and safety.
2. Registration under subsection 1 of this section does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in the registration.
3. Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this subchapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this subchapter in another capacity. Practitioners registered under federal law to conduct research with schedule I substances may conduct research in schedule I substances within this state upon furnishing the board evidence of the federal registration.
4. Compliance by manufacturers and distributors with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under this chapter.
[C73, 75, 77, 79, 81, §204.303]
C93, §124.303
2017 Acts, ch 54, §76
Referred to in §124.304
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.304 - Revocation, suspension, or restriction of registration.

124.304 Revocation, suspension, or restriction of registration.
1. The board may suspend, revoke, or restrict a registration under section 124.303, or otherwise discipline a registrant, upon a finding that any of the following apply to the registrant:
a. The registrant has furnished false or fraudulent material information in any application filed under this chapter or any other chapter which applies to the registrant or the registrant’s practice.
b. The registrant has had the registrant’s federal registration to manufacture, distribute, dispense, or conduct research with controlled substances suspended, revoked, or restricted.
c. The registrant has been convicted of a public offense under any state or federal law relating to any controlled substance. For the purpose of this section only, a conviction shall include a plea of guilty, a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court which forfeiture has not been vacated, or a finding of guilt in a criminal action even though the entry of the judgment or sentence has been withheld and the individual placed on probation.
d. The registrant has committed such acts as would render the registrant’s registration under section 124.303 inconsistent with the public interest as determined under that section.
e. If the registrant is a licensed health care professional, the registrant has had the registrant’s professional license revoked or suspended or has been otherwise disciplined in a way that restricts the registrant’s authority to handle or prescribe controlled substances.
2. The board may limit revocation, suspension, or restriction of a registration or discipline of a registrant to the particular controlled substance with respect to which grounds for revocation, suspension, restriction, or discipline exist.
3. If the board suspends, revokes, or restricts a registration, or otherwise disciplines a registrant, all controlled substances owned or possessed by the registrant at the time of the suspension, revocation, restriction, or discipline, or at the time of the effective date of the order, may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon an order becoming final, all such controlled substances may be forfeited to the state.
4. The board shall promptly notify the bureau and the department of all orders suspending, revoking, or restricting a registration, or otherwise disciplining a registrant.
[C39, §3169.04; C46, 50, 54, 58, 62, 66, 71, §204.4; C73, 75, 77, 79, 81, §204.304]
91 Acts, ch 233, §6
C93, §124.304
2003 Acts, ch 53, §9; 2018 Acts, ch 1138, §25, 26
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.305 - Contested case proceedings.

124.305 Contested case proceedings.
1. Prior to suspending, restricting, or revoking a registration, refusing a renewal of registration, or otherwise disciplining a registrant, the board shall serve upon the registrant a notice in accordance with section 17A.12, subsection 1. The proceedings shall comply with the contested case procedures in accordance with chapter 17A. The proceedings shall also be conducted without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.
2. The board may suspend any registration while simultaneously pursuing emergency adjudicative proceedings in accordance with section 17A.18A, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, under the provisions of the Iowa administrative procedure Act, chapter 17A, unless sooner withdrawn by the board or dissolved by the order of the district court or an appellate court.
[C73, 75, 77, 79, 81, §204.305]
C93, §124.305
2003 Acts, ch 44, §114; 2018 Acts, ch 1138, §27
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.306 - Records of registrants.

124.306 Records of registrants.
1. a. Persons registered to manufacture, distribute, dispense, or administer controlled substances under this chapter shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with such additional rules as may be issued by the board. A practitioner who engages in dispensing any controlled substance to the practitioner’s patients shall keep records of receipt and disbursements of such drugs, including dispensing or other disposition, and information as to controlled substances stolen, lost, or destroyed. In every such case the records of controlled substance received shall show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received. The record of all controlled substances dispensed or otherwise disposed of shall show the date of dispensing, the name and address of the person to whom or for whose use, or the owner and species of animal for which the drugs were dispensed and the kind and quantity of drugs dispensed.
b. Every such record shall be kept for a period of two years from the date of the transaction recorded. Records of controlled substances lost, destroyed, or stolen, shall contain a detailed list of the kind and quantity of such drugs and the date of the discovery of such loss, destruction, or theft.
2. No person shall distribute complimentary packages of controlled substances to a practitioner unless that person prepares and leaves with the practitioner a specific written list of the items so distributed. This list shall be prepared on a form prescribed by rules promulgated by the board, and the person who distributes the items listed shall send a copy of the list to the board as soon as practicable after distribution of the complimentary packages to the practitioner.
[C39, §3169.09; C46, 50, 54, 58, 62, 66, §204.9; C71, §204.9, 204A.4; C73, 75, 77, 79, 81, §204.306]
C93, §124.306
2017 Acts, ch 54, §28
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.307 - Order forms.

124.307 Order forms.
Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
[C24, 27, 31, 35, §3154, 3155; C39, §3169.05; C46, 50, 54, 58, 62, 66, 71, §204.5; C73, 75, 77, 79, 81, §204.307]
C93, §124.307
Referred to in §124.403
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401A - Enhanced penalty for manufacture or distribution to persons on certain real property.

124.401A Enhanced penalty for manufacture or distribution to persons on certain real property.
In addition to any other penalties provided in this chapter, a person who is eighteen years of age or older who unlawfully manufactures with intent to distribute, distributes, or possesses with intent to distribute a substance or counterfeit substance listed in schedule I, II, or III, or a simulated or imitation controlled substance represented to be a controlled substance classified in schedule I, II, or III, to another person who is eighteen years of age or older 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, may be sentenced up to an additional term of confinement of five years.
90 Acts, ch 1251, §5
C91, §204.401A
C93, §124.401A
94 Acts, ch 1172, §6; 96 Acts, ch 1164, §5; 2002 Acts, ch 1175, §25
; 2002 Acts, 2nd Ex, ch 1003, §236, 262
; 2017 Acts, ch 145, §11
Referred to in §671A.2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401B - Possession of controlled substances on certain real property — additional penalty.

124.401B Possession of controlled substances on certain real property — additional penalty.
In addition to any other penalties provided in this chapter or another chapter, a person who unlawfully possesses a substance listed in schedule I, II, or III, or a simulated or imitation controlled substance represented to be a controlled substance classified in schedule I, II, or III, 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, may be sentenced to one hundred hours of community service work for a public agency or a nonprofit charitable organization. The court shall provide the offender with a written statement of the terms and monitoring provisions of the community service.
94 Acts, ch 1172, §7; 96 Acts, ch 1164, §6; 2017 Acts, ch 145, §12
Referred to in §671A.2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401C - Manufacturing methamphetamine in presence of minors.

124.401C Manufacturing methamphetamine in presence of minors.
1. In addition to any other penalties provided in this chapter, a person who is eighteen years of age or older and who either directly or by extraction from natural substances, or independently by means of chemical processes, or both, unlawfully manufactures methamphetamine, its salts, isomers, or salts of its isomers in the presence of a minor shall be sentenced up to an additional term of confinement of five years. However, the additional term of confinement shall not be imposed on a person who has been convicted and sentenced for a child endangerment offense under section 726.6, subsection 1, paragraph “g”, arising from the same facts.
2. For purposes of this section, the term “in the presence of a minor” shall mean, but is not limited to, any of the following:
a. When a minor is physically present during the activity.
b. When the activity is conducted in the residence of a minor.
c. When the activity is conducted in a building where minors can reasonably be expected to be present.
d. When the activity is conducted in a room offered to the public for overnight accommodation.
e. When the activity is conducted in any multiple-unit residential building.
97 Acts, ch 125, §1; 2004 Acts, ch 1151, §1; 2006 Acts, ch 1030, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401D - Conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver amphetamine or methamphetamine to a minor.

124.401D Conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver amphetamine or methamphetamine to a minor.
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 material, compound, mixture, preparation, or substance that contains any detectable amount of amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.
b. A violation of this subsection is a felony punishable under section 902.9, subsection 1, paragraph “a”.
c. A second or subsequent violation of this subsection is a class “A” felony.
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 material, compound, mixture, preparation, or substance that contains any detectable amount of amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, 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 material, compound, mixture, preparation, or substance that contains any detectable amount of amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.
b. A violation of this subsection is a felony punishable under section 902.9, subsection 1, paragraph “a”.
c. A second or subsequent violation of this subsection is a class “A” felony.
99 Acts, ch 12, §4; 2000 Acts, ch 1144, §2; 2009 Acts, ch 41, §181; 2013 Acts, ch 30, §239, 240
Referred to in §901.10, 902.8A, 902.9
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401E - Certain penalties for manufacturing or delivery of amphetamine or methamphetamine.

124.401E Certain penalties for manufacturing or delivery of amphetamine or methamphetamine.
1. If a court sentences a person for the person’s first conviction for delivery or possession with intent to deliver a controlled substance under section 124.401, subsection 1, paragraph “c”, and if the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court may suspend the sentence, and the court may order the person to complete a drug court program if a drug court has been established in the county in which the person is sentenced or order the person to be assigned to a community-based correctional facility for a period of one year or until maximum benefits are achieved, whichever is earlier.
2. If a court sentences a person for a conviction of manufacturing of a controlled substance under section 124.401, subsection 1, paragraph “c”, and if the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court may suspend the sentence, and the court may order the person to complete a drug court program if a drug court has been established in the county in which the person is sentenced, or order the person to be assigned to a community-based correctional facility for a period of one year or until maximum benefits are achieved, whichever is earlier.
3. If a court sentences a person for the person’s second or subsequent conviction for delivery or possession with intent to deliver a controlled substance under section 124.401, subsection 1, and the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court, in addition to any other authorized penalties, shall sentence the person to imprisonment in accordance with section 124.401, subsection 1, and the person shall serve the minimum period of confinement as required by section 124.413.
99 Acts, ch 12, §5; 2000 Acts, ch 1144, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401F - Prohibitions on tampering with, possessing, or transporting anhydrous ammonia or anhydrous ammonia equipment.

124.401F Prohibitions on tampering with, possessing, or transporting anhydrous ammonia or anhydrous ammonia equipment.
1. A person shall not intentionally tamper with anhydrous ammonia equipment. Tampering occurs when a person who is not authorized by the owner of anhydrous ammonia equipment uses the equipment in violation of a provision of this section. A person shall not in any manner or for any purpose sell, fill, refill, deliver, permit to be delivered, or use an anhydrous ammonia container or receptacle, including for the storage of any gas or compound, unless the person owns the container or receptacle or is authorized to do so by the owner. A person shall not possess or transport anhydrous ammonia in a container or receptacle which is not authorized by the secretary of agriculture to hold anhydrous ammonia.
2. A person violating this section commits a serious misdemeanor. In addition to the imposition of the serious misdemeanor penalty, a person shall be subject to a civil penalty of not more than one thousand five hundred dollars, if the person does any of the following:
a. Intentionally tampers with anhydrous ammonia equipment.
b. Possesses or transports anhydrous ammonia in a container or receptacle which is not authorized to hold anhydrous ammonia according to rules adopted by the secretary of agriculture.
3. A person tampering with anhydrous ammonia equipment in violation of this section shall not have a cause of action against the owner of the equipment, any person responsible for the installation and maintenance of the equipment, or the person lawfully selling the anhydrous ammonia for damages arising out of the tampering.
99 Acts, ch 12, §6; 99 Acts, ch 208, §48; 2000 Acts, ch 1058, §13
Referred to in §200.18
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.401G - Iowa hemp Act — negligent violation program.

124.401G Iowa hemp Act — negligent violation program.
Notwithstanding any provision of this chapter to the contrary, a person shall not be guilty of an offense under this chapter, including under section 124.401 or 124.410, for producing, possessing, using, harvesting, handling, manufacturing, marketing, transporting, delivering, or distributing the plant cannabis, if all of the following apply:
1. The person holds a valid hemp license issued by the department of agriculture and land stewardship as provided in chapter 204.
2. The plant is or was produced on the licensee’s crop site as provided in chapter 204.
3. The offense arises out of a test of a sample of plants that are part of a crop produced on the licensee’s crop site and the test indicates that the sample does not qualify as hemp under section 204.8 and does not exceed a maximum concentration of two percent delta-9 tetrahydrocannabinol on a dry weight basis.
4. The licensee is participating in or has successfully completed the negligent violation program that applies to the licensee’s crop site described in subsection 3 if such program is established by the department of agriculture and land stewardship pursuant to section 204.15.
2019 Acts, ch 130, §25, 33
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.402 - Prohibited acts — distributors — registrants — proprietors — penalties.

124.402 Prohibited acts — distributors — registrants — proprietors — penalties.
1. It is unlawful for any person:
a. Who is subject to subchapter III to distribute or dispense a controlled substance in violation of section 124.308;
b. Who is a registrant, to manufacture a controlled substance not authorized by the registration, or to distribute or dispense a controlled substance not authorized by the registration to another registrant or other authorized person;
c. To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter;
d. To refuse an entry into any premises during reasonable business hours for any inspection authorized by this chapter; or
e. Knowingly to keep or permit the keeping or to maintain any premises, store, shop, warehouse, dwelling, temporary, or permanent building, vehicle, boat, aircraft, or other temporary or permanent structure or place, which is resorted to by persons using controlled substances in violation of this chapter for the purpose of using these substances, or which is used for keeping, possessing or selling them in violation of this chapter.
2. Any person who violates subsection 1 of this section, or who acts with, enters into a common scheme or design with, or conspires with one or more other persons to violate subsection 1 of this section, is guilty of a public offense and upon conviction:
a. Of a violation of paragraphs “a”, “b”, “d”, or “e” shall be an aggravated misdemeanor.
b. Of a violation of paragraph “c” shall be a serious misdemeanor.
[C73, 75, 77, 79, 81, §204.402]
C93, §124.402
2017 Acts, ch 54, §76
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.403 - Prohibited acts — controlled substances, distribution, use, possession — records and information — penalties.

124.403 Prohibited acts — controlled substances, distribution, use, possession — records and information — penalties.
1. It is unlawful for any person knowingly or intentionally:
a. To distribute as a registrant a controlled substance classified in schedules I or II, except pursuant to an order form as required by section 124.307;
b. To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person;
c. To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
d. To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this chapter, or any record required to be kept by this chapter; or
e. To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
2. Any person who violates this section, or who acts with, enters into a common scheme or design with, or conspires with one or more other persons to violate this section, is guilty of a serious misdemeanor.
[C39, §3169.17; C46, 50, 54, 58, 62, §204.18; C66, §204.17; C71, §204.17, 204A.3; C73, 75, 77, 79, 81, §204.403]
C93, §124.403
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.404 - Penalties under other laws.

124.404 Penalties under other laws.
Any penalty imposed for violation of this subchapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
[C73, 75, 77, 79, 81, §204.404]
C93, §124.404
2017 Acts, ch 54, §76
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 124 - CONTROLLED SUBSTANCES › Section 124.405 - Bar to prosecution.

124.405 Bar to prosecution.
If a violation of this chapter is a violation of a federal law or the law of another state, the conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
[C39, §3169.22; C46, 50, 54, 58, 62, §204.23; C66, 71, §204.21; C73, 75, 77, 79, 81, §204.405]
C93, §124.405