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,\n\nTue Dec 09 22:28:00 2025 Iowa Code 2026, Chapter 124 (73, 1)
§124.411, CONTROLLED SUBSTANCES 46\n\nif, 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
\n
Notes of Decisions
Cited in
61
cases (
10 in the last 5 years), 1997–2026 · leading case:
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
· cites it 13× “Iowa Code § 124.411 (1). However, the legislature exempted this enhancement provision for possession offenses under section 124.”
State v. Kress, 636 N.W.2d 12 (Iowa 2001).
· cites it 18× “Iowa Code § 124.411 (1). Section 124.413 provides the following mandatory minimum sentence for certain offenders: A person sentenced pursuant to section 124.”
State v. Owens, 635 N.W.2d 478 (Iowa 2001).
· cites it 24× “See Iowa Code §§ 124.411 (authorizing treble punishment for seeond- or-subsequent drug offenders); 902.”
State v. Vanover, 559 N.W.2d 618 (Iowa 1997).
· cites it 20× “See Iowa Code § 124.411 (1) (1993). The court then ordered Vanover to serve a mandatory one-third minimum of the sentence.”
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
· cites it 4× “Under Iowa Code section 124.411(1), his prior conviction subjected him to an enhancement of up to three times the maximum sentence.”
State v. Freeman, 705 N.W.2d 293 (Iowa 2005).
· cites it 8× “401(1)( c ) and alleged Freeman was subject to the enhanced sentencing provisions of section 124.411 because he was previously convicted of the offense of delivery of a controlled substance.”
State v. Rodgers, 560 N.W.2d 585 (Iowa 1997).
· cites it 17× “” Iowa Code § 124.411 (1) (emphasis added).”
State v. Sisk, 577 N.W.2d 414 (Iowa 1998).
· cites it 15× “Here, where the terms of both sections 124.411 and 902.9(2) do apply, we find the district court properly sentenced defendant by looking first to chapter 902 to determine the penalty imposed for the violation of section 124.”
State v. Reed, 618 N.W.2d 327 (Iowa 2000).
· cites it 8× “8 for all charges and that Reed was also subject to the "second or subsequent offense" enhancement provisions of Iowa Code section 124.411. (Though the crimes were alleged to have occurred prior to July 1, 1999, the effective date of the 1999 Iowa Code, Reed did not object to…”
State Of Iowa Vs. Robert Joseph Vance, 790 N.W.2d 775 (Iowa 2010).
· cites it 2× “The State also sought to enhance Vance‘s sentencing pursuant to Iowa Code sections 124.411, 902.8, and 902.9 (2007) due to his status as a second and habitual offender.”
Douglas E. Kurtz, Applicant-Appellant v. State of Iowa, 854 N.W.2d 474 (Iowa Ct. App. 2014).
· cites it 4× “He contends the sentencing court erred in applying the sentencing enhancement for second-and-subsequent offenders under Iowa Code section 124.411 (2011). He argues on appeal that the underlying convictions were void because the sentences on the convictions were illegal.”
— Iowa Code § 124.411(1) — 16 cases
State v. Vanover, 559 N.W.2d 618 (Iowa 1997).
“See Iowa Code § 124.411 (1) (1993). The court then ordered Vanover to serve a mandatory one-third minimum of the sentence.”
State v. Sisk, 577 N.W.2d 414 (Iowa 1998).
“Here, where the terms of both sections 124.411 and 902.9(2) do apply, we find the district court properly sentenced defendant by looking first to chapter 902 to determine the penalty imposed for the violation of section 124.”
State v. Kress, 636 N.W.2d 12 (Iowa 2001).
“Iowa Code § 124.411 (1). Section 124.413 provides the following mandatory minimum sentence for certain offenders: A person sentenced pursuant to section 124.”
State v. Rodgers, 560 N.W.2d 585 (Iowa 1997).
“” Iowa Code § 124.411 (1) (emphasis added).”
— Iowa Code § 124.411(2) — 3 cases
State v. Owens, 635 N.W.2d 478 (Iowa 2001).
“See Iowa Code §§ 124.411 (authorizing treble punishment for seeond- or-subsequent drug offenders); 902.”
— Iowa Code § 124.411(3) — 4 cases
State v. Maxwell, 743 N.W.2d 185 (Iowa 2008).
“Iowa Code § 124.411 (1). However, the legislature exempted this enhancement provision for possession offenses under section 124.”
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.