Accommodation offense.

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