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 \n
Notes of Decisions
Cited in
12
cases (
6 in the last 5 years), 1997–2025 · leading case:
State v. Westeen, 591 N.W.2d 203 (Iowa 1999).
State v. Westeen, 591 N.W.2d 203 (Iowa 1999).
· cites it 26× “Iowa Code § 124.402 (l)(e). C. Sufficiency of the evidence on the element of “used for keeping, possessing, or selling” controlled substances.”
State v. Scott, 619 N.W.2d 371 (Iowa 2000).
· cites it 9× “8; and keeping a vehicle for using controlled substances, in violation of Iowa Code sections 124.402(l)(e) and 124.401(2)(a).”
State v. Knowles, 569 N.W.2d 601 (Iowa 1997).
· cites it 4× “401(3) (1995) and keeping a controlled substance in an automobile in violation of Iowa Code section 124.402(1)(e). He appeals and challenges evidentiary rulings that allowed evidence of marijuana that had been obtained by a search of his person and automobile incident to the…”
State v. Hart, 703 N.W.2d 768 (Iowa Ct. App. 2005).
“10(1) (2003), prohibited acts in violation of Iowa Code sections 124.402(1)(e) and 124.402(2)(a) (2003), and failure to affix a drug stamp in violation of Iowa Code sections 453B.”
State of Iowa v. Cindy Louise Randel (Iowa Ct. App. 2025).
· cites it 7× “See Iowa Code § 124.402 (1)(e). Randel argues that the State failed to prove this offense because she “lives in the house in question.”
State of Iowa v. Kole Alexander Higgins (Iowa Ct. App. 2020).
· cites it 2× “407; Count IV: Unlawfully keeping a place for purposes of using, possessing, selling, or keeping controlled substances, in violation of section 124.402(1)(e);4 Count V: Possession of methamphetamine, in violation of section 124.”
State of Iowa v. James Nicholson (Iowa Ct. App. 2021).
· cites it 2× “See Iowa Code § 124.402 (1)(e) (2016). This charge arose from evidence collected in the same fall 2016 search.”
State of Iowa v. Dennis Carroll Glenn (Iowa Ct. App. 2021).
· cites it 2× “4 Iowa Code section 124.402(1)(e) provides that it is unlawful for any person to [k]nowingly 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…”
State of Iowa v. Patrick Bracy (Iowa 2022).
· cites it 2× “Count VII alleged the prohibited act of keeping a drug house in violation of section 124.402(1)(e), an aggravated misdemeanor.”
— Iowa Code § 124.402(1)(e) — 7 cases
State v. Knowles, 569 N.W.2d 601 (Iowa 1997).
“401(3) (1995) and keeping a controlled substance in an automobile in violation of Iowa Code section 124.402(1)(e). He appeals and challenges evidentiary rulings that allowed evidence of marijuana that had been obtained by a search of his person and automobile incident to the…”
State v. Hart, 703 N.W.2d 768 (Iowa Ct. App. 2005).
“10(1) (2003), prohibited acts in violation of Iowa Code sections 124.402(1)(e) and 124.402(2)(a) (2003), and failure to affix a drug stamp in violation of Iowa Code sections 453B.”
State of Iowa v. Cindy Louise Randel (Iowa Ct. App. 2025).
“See Iowa Code § 124.402 (1)(e). Randel argues that the State failed to prove this offense because she “lives in the house in question.”
State of Iowa v. Kole Alexander Higgins (Iowa Ct. App. 2020).
“407; Count IV: Unlawfully keeping a place for purposes of using, possessing, selling, or keeping controlled substances, in violation of section 124.402(1)(e);4 Count V: Possession of methamphetamine, in violation of section 124.”
State of Iowa v. Dennis Carroll Glenn (Iowa Ct. App. 2021).
“4 Iowa Code section 124.402(1)(e) provides that it is unlawful for any person to [k]nowingly 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…”
— Iowa Code § 124.402(l)(e) — 3 cases
State v. Westeen, 591 N.W.2d 203 (Iowa 1999).
“Iowa Code § 124.402 (l)(e). C. Sufficiency of the evidence on the element of “used for keeping, possessing, or selling” controlled substances.”
State v. Scott, 619 N.W.2d 371 (Iowa 2000).
“8; and keeping a vehicle for using controlled substances, in violation of Iowa Code sections 124.402(l)(e) and 124.401(2)(a).”
State v. Knowles, 569 N.W.2d 601 (Iowa 1997).
“401(3) (1995) and keeping a controlled substance in an automobile in violation of Iowa Code section 124.402(1)(e). He appeals and challenges evidentiary rulings that allowed evidence of marijuana that had been obtained by a search of his person and automobile incident to the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.