1. A court sentencing a person for the person’s first conviction under section 124.406, 124.413, or 902.7 may, at its discretion, sentence the person to a term less than provided by the statute if mitigating circumstances exist and those circumstances are stated specifically in the record.
2. A court sentencing a person for a violation of section 124.401, subsection 1, paragraph “g”, shall not grant any reduction of sentence.
3. Notwithstanding subsection 1, if the sentence under section 124.413 involves an amphetamine or methamphetamine offense under section 124.401, subsection 1, paragraph “a” or “b”, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the mandatory minimum sentence by up to one-third. If the defendant additionally cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s mandatory minimum sentence, up to one-half of the remaining mandatory minimum sentence.
4. A court sentencing a person for the person’s first conviction under section 124.401D may, at its discretion, sentence the person to a term less than the maximum term provided under section 902.9, subsection 1, paragraph “a”,* if mitigating circumstances exist and those circumstances are stated specifically in the record. However, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the maximum sentence by up to one-third. If the defendant cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s maximum sentence.\n\nTue Dec 09 21:52:34 2025 Iowa Code 2026, Chapter 901 (36, 0) 7 JUDGMENT AND SENTENCING PROCEDURES, §901.12\n\n 5. The state may appeal the discretionary decision on the grounds that the stated mitigating circumstances do not warrant a reduction of the sentence. 85 Acts, ch 41, §1; 98 Acts, ch 1138, §28; 99 Acts, ch 12, §14; 2000 Acts, ch 1144, §5; 2013 Acts, ch 30, §259; 2023 Acts, ch 86, §11 *Paragraph “a” of section 902.9, subsection 1 was stricken by 2023 Acts, ch 86, §12; corrective legislation is pending \n
Notes of Decisions
Cited in
57
cases (
10 in the last 5 years), 1988–2025 · leading case:
State v. Johnson, 630 N.W.2d 583 (Iowa 2001).
State v. Johnson, 630 N.W.2d 583 (Iowa 2001).
· cites it 66× “" Iowa Code § 901.10 (2). Because the district court here refused to exercise any discretion in determining the amount of the reduction to be given the defendant, we vacate the defendant's sentence and remand for resentencing.”
State v. Lane, 726 N.W.2d 371 (Iowa 2007).
· cites it 28× “Ineffective Assistance of Counsel. A. Standard of Review.”
State v. Biddle, 652 N.W.2d 191 (Iowa 2002).
· cites it 15× “Iowa Code § 901.10 (2) (emphasis added). Biddle did not plead guilty.”
State v. Kress, 636 N.W.2d 12 (Iowa 2001).
· cites it 19× “41, § 1 (codified at Iowa Code § 901.10 (1999)) (providing that when sentencing for a first conviction under section 124.”
State v. Iowa Dist. Court for Monroe Cnty., 630 N.W.2d 778 (Iowa 2001).
· cites it 39× “See Iowa Code § 901.10 (2) (allowing, under specified circumstances, reduction of mandatory minimum sentence that defendants charged with certain crimes are required to serve).”
State v. Simmons, 714 N.W.2d 264 (Iowa 2006).
· cites it 17× “” Iowa Code § 901.10 (1). However, the sentencing court is not allowed to reduce the sentence for a first conviction “if the sentence under section 124.”
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
· cites it 8× “” Iowa Code § 901.10 (1). Section 901.10(1) allows the district court to reduce or eliminate the mandatory minimum sentence but not the indeterminate sentence.”
State v. Ayers, 590 N.W.2d 25 (Iowa 1999).
· cites it 18× “Iowa Code section 901.10 provides in relevant part: A court sentencing a person for the person’s first conviction under section 124.”
State v. Neary, 470 N.W.2d 27 (Iowa 1991).
· cites it 18× “” Relying on Iowa Code section 901.10, the court determined that it had authority to impose a mandatory minimum prison term less than that stated in section 204.”
State v. Thomas, 547 N.W.2d 223 (Iowa 1996).
· cites it 8× “401(1), the district court was required to apply the factors set forth in Iowa Code section 901.10 and exercise its discretion in waiving the mandatory minimum sentence under section 124.”
State v. Draper, 457 N.W.2d 600 (Iowa 1990).
· cites it 12× “The court of appeals was correct in holding that Schery’s minimum prison term is five years on each of counts I, II and III, subject to discretionary reduction under Iowa Code section 901.10. III. Correction of an illegal sentence.”
State v. Russian, 441 N.W.2d 374 (Iowa 1989).
· cites it 12× “Iowa Code § 901.10 . Clearly this does not require the court to note the absence of mitigating circumstances every time it declines to apply section 901.”
— Iowa Code § 901.10(1) — 13 cases
State v. Iowa Dist. Court for Monroe Cnty., 630 N.W.2d 778 (Iowa 2001).
“See Iowa Code § 901.10 (2) (allowing, under specified circumstances, reduction of mandatory minimum sentence that defendants charged with certain crimes are required to serve).”
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
“” Iowa Code § 901.10 (1). Section 901.10(1) allows the district court to reduce or eliminate the mandatory minimum sentence but not the indeterminate sentence.”
State v. Simmons, 714 N.W.2d 264 (Iowa 2006).
“” Iowa Code § 901.10 (1). However, the sentencing court is not allowed to reduce the sentence for a first conviction “if the sentence under section 124.”
— Iowa Code § 901.10(2) — 22 cases
State v. Lane, 726 N.W.2d 371 (Iowa 2007).
“Ineffective Assistance of Counsel. A. Standard of Review.”
State v. Johnson, 630 N.W.2d 583 (Iowa 2001).
“" Iowa Code § 901.10 (2). Because the district court here refused to exercise any discretion in determining the amount of the reduction to be given the defendant, we vacate the defendant's sentence and remand for resentencing.”
State v. Biddle, 652 N.W.2d 191 (Iowa 2002).
“Iowa Code § 901.10 (2) (emphasis added). Biddle did not plead guilty.”
State v. Simmons, 714 N.W.2d 264 (Iowa 2006).
“” Iowa Code § 901.10 (1). However, the sentencing court is not allowed to reduce the sentence for a first conviction “if the sentence under section 124.”
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