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 \n
Notes of Decisions
Cited in
13
cases (
2 in the last 5 years), 2003–2024 · leading case:
State v. Rankin, 666 N.W.2d 608 (Iowa 2003).
State v. Rankin, 666 N.W.2d 608 (Iowa 2003).
· cites it 40× “Iowa Code § 124.410 (emphasis added). The second paragraph of section 124.”
Moncrieffe v. Holder, 569 U.S. 184 (2013).
· cites it 2× “20, §§550/3, 550/4, 550/6 (West 2010); Iowa Code §124.410 (2009); Minn. Stat. §152.”
State of Iowa v. Iowa Dist. Court for Black Hawk Cnty., 812 N.W.2d 1 (Iowa 2012).
· cites it 6× “In this petition for writ of certiorari we are asked to interpret Iowa Code sections 124.410 and 124.401(5) (2009) to determine whether a defendant convicted of possession of marijuana as an accommodation offense who has previously been convicted of simple possession of…”
State v. Jentz, 853 N.W.2d 257 (Iowa Ct. App. 2013).
· cites it 4× “In Rankin , the defendant was previously convicted of possession with intent to distribute, which the supreme court interpreted to be an accommodation offense pursuant to Iowa Code section 124.410. 666 N.W.2d at 609-10 . For the possession charge at issue in the case, the…”
State of Iowa v. Quentin Johnson (Iowa Ct. App. 2020).
· cites it 8× “See Iowa Code § 124.410 . The district court denied the request, stating there was no precedent indicating the marijuana could be split into personal use and sharable portions to qualify for an accommodation defense.”
State of Iowa v. Ricky T. Eatman, 919 N.W.2d 767 (Iowa Ct. App. 2018).
· cites it 4× “Eatman states there was insufficient evidence to show the appropriate offense was possession with intent to deliver and not an accommodation offense under section 124.410, which occurs if a defendant possesses "one-half ounce or less of marijuana which was not offered for sale .”
State of Iowa v. Larry Wiggins, Jr. (Iowa Ct. App. 2020).
· cites it 4× “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…”
State of Iowa v. Brian Wayne Boyd (Iowa Ct. App. 2023).
· cites it 2× “The State charged Boyd with possession of methamphetamine with the intent to deliver, in violation of Iowa Code section 124.410(1)(b)(7) (2019), and a drug tax stamp violation, in violation of 3 section 453B.”
— Iowa Code § 124.410(1)(b)(7) — 1 case
State of Iowa v. Brian Wayne Boyd (Iowa Ct. App. 2023).
“The State charged Boyd with possession of methamphetamine with the intent to deliver, in violation of Iowa Code section 124.410(1)(b)(7) (2019), and a drug tax stamp violation, in violation of 3 section 453B.”
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