Title IV, PUBLIC HEALTH (Ch. 123 - 158)

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 …

1. It is unlawful for any person knowingly or intentionally: a. To distribute as a registrant a controlled substance classified in schedules I or II, except pursuant to an order form as required by section 124.307 ; b. To use in the course of the manufacture or distribution of a …

Any penalty imposed for violation of this subchapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [C73, 75, 77, 79, 81, §204.404 ] C93, §124.404 2017 Acts, ch 54, §76

If a violation of this chapter is a violation of a federal law or the law of another state, the conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. [C39, § 3169.22; C46, 50, 54, 58, 62, §204.23; C66, 71, §2…

1. A person who is eighteen years of age or older who: a. Unlawfully distributes or possesses with intent to distribute a substance listed in schedule I or II to a person under eighteen years of age commits a class “B” felony and shall serve a minimum term of confinement of five …

It is unlawful for a person who is eighteen years of age or older to conspire with or recruit a person under the age of eighteen for the purpose of delivering or manufacturing a controlled substance classified in schedules I through IV. A person violating this section commits a c…

1. It is unlawful for any person to sponsor, promote, or aid, or assist in the sponsoring or promoting of a meeting, gathering, or assemblage with the knowledge or intent that a controlled substance be there distributed, used, or possessed, in violation of this chapter . 2. a. An…

Information, indictments, trial, and sentencing for violations of this chapter may allege any number of violations of their provisions against one person and join one or more persons as defendants who it is alleged violated the same provisions in the same transaction or series of…

1. Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a violation of that section, is addicted to, dependent upon, or a chronic user of any controlled s…

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 o…

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 impris…

If a person enters a plea of guilty to, or forfeits bail or collateral deposited to secure the person’s appearance in court, and such forfeiture is not vacated, or if a person is found guilty upon an indictment or information alleging a violation of this chapter , a copy of the m…

1. Except as provided in subsection 3 and sections 901.11 and 901.12 , a person sentenced pursuant to section 124.401, subsection 1 , paragraph “a” , “b” , “e” , “f” , “g” , or “h” , shall not be eligible for parole or work release until the person has served a minimum term of co…

1. a. As used in this section , “drug paraphernalia” means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly…

A peace officer shall make a reasonable effort to identify a person under the age of eighteen discovered to be in possession of a controlled substance, counterfeit substance, simulated controlled substance, or imitation controlled substance in violation of this chapter , and if t…

Notwithstanding section 811.1 , the court, after making the finding required by section 811.1, subsection 2 , paragraph “d” , may admit a person convicted of a violation of section 124.401, subsection 2 , or of a violation of section 124.406 , to bail if the prosecuting attorney …

It is not unlawful under this chapter for a person registered under section 124.302 , to manufacture, deliver, or possess with the intent to manufacture or deliver, or to act with, one or more other persons to manufacture, deliver, or possess with the intent to manufacture or del…

1. As used in this section , unless the context otherwise requires: a. “Drug-related overdose” means a condition of a person for which each of the following is true: (1) The person is in need of medical assistance. (2) The person displays symptoms including but not limited to ext…

The department is primarily responsible for the enforcement of this chapter , and all other laws and regulations of this state, relating to controlled or counterfeit substances, or simulated or imitation controlled substances, except that the board is primarily responsible for ma…

1. Issuance and execution of administrative inspection warrants shall be as follows: a. A district judge or district associate judge, within the court’s jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting admi…

1. The district court may exercise jurisdiction to enjoin violations of this chapter . 2. In case of an alleged violation of an injunction or restraining order issued under this section , upon demand of the defendant, trial shall be by a jury. [C73, 75, 77, 79, 81, §204.503 ] C93…

1. The department and board, subject to approval and direction of the governor, shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end…

All controlled substances, the lawful possession of which is not established or the title to which cannot be ascertained, or excess or undesired controlled substances, which have come into the custody of the board, the department, or any peace officer, shall be disposed of as fol…

1. a. Notwithstanding the provisions of section 124.506 , if more than ten pounds of marijuana or more than one pound of any other controlled substance is seized as a result of a violation of this chapter , the law enforcement agency responsible for retaining the seized controlle…

1. It is not necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment or other pleading or in any trial, hearing, or other proceeding under this chapter . The proof of entitlement to any exemption or exceptio…

Judicial review of actions of board or department may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . [C73, 75, 77, 79, 81, §204.508 ] C93, §124.508 2003 Acts, ch 44, §114

1. The board and the department, subject to approval and direction of the governor, shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. They shall consult with each other and coordinate their programs so as to avoid duplic…

Any peace officer who arrests for any crime, any known unlawful user of the drugs described in schedule I, II, III, or IV, or who arrests any person for a violation of this chapter , or charges any person with a violation of this chapter subsequent to the person’s arrest, shall w…

For purposes of this subchapter , unless the context otherwise requires: 1. “Pharmacist” means a practicing pharmacist who is actively engaged in and responsible for the pharmaceutical care of the patient about whom information is requested. 2. “Prescribing practitioner” means a …

1. Contingent upon the receipt of funds pursuant to section 124.557 sufficient to carry out the purposes of this subchapter , the board, in conjunction with the advisory committee created in section 124.555 , shall establish and maintain an information program for drug prescribin…

A prescribing practitioner shall register for the program at the same time the prescribing practitioner applies to the board to register or renews registration to prescribe controlled substances as required by the board. Once the prescribing practitioner registers for the program…

1. Unless otherwise prohibited by federal or state law, each licensed pharmacy that dispenses controlled substances identified pursuant to section 124.554, subsection 1 , paragraph “g” , to patients in the state, each licensed pharmacy located in the state that dispenses such con…

1. The board may provide information from the program to the following: a. (1) A pharmacist, veterinarian, or prescribing practitioner who requests the information and certifies in a form specified by the board that it is for the purpose of providing medical or pharmaceutical car…

1. The board shall adopt rules in accordance with chapter 17A to carry out the purposes of, and to enforce the provisions of, this subchapter . The rules shall include but not be limited to the development of procedures relating to: a. Identifying each patient about whom informat…

An advisory committee shall be established to assist the board in the management of the program and program activities. 1. The committee shall consist of five members appointed by the board. The members shall include at least one prescribing practitioner licensed by the board, on…

The program shall include education initiatives and outreach to consumers, prescribing practitioners, and pharmacists, and shall also include assistance for identifying substance use disorder treatment programs and providers. The program shall also include educational updates and…

The drug information program fund is established to be used by the board to fund or assist in funding the program. The board may make deposits into the fund from any source, public or private, including grants or contributions of money or other items of value, which it determines…

1. Failure to comply with requirements. A pharmacist, pharmacy, prescribing practitioner, or agent of a pharmacist or prescribing practitioner who knowingly fails to comply with the confidentiality requirements of this subchapter or who delegates program information access to ano…

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. [C24, 27, 31, 35, §3167; C39, § 3169.23; C46, 50, 54, 58, 62, §204.24; C66, 71, §204.22; C73, 75, 77, 79, 81, §204.601 ] C93, §124.601

This chapter may be cited as the “Uniform Controlled Substances Act” . [C39, § 3169.24; C46, 50, 54, 58, 62, §204.25; C66, 71, §204.23; C73, 75, 77, 79, 81, §204.602 ] C93, §124.602

As used in this chapter , unless the context otherwise requires: 1. “Board” means the board of pharmacy. 2. “Controlled substance” means a controlled substance as defined in section 124.101 . 3. “Practitioner” means a practitioner as defined in section 155A.3 . 4. “Precursor subs…

A person who knowingly makes a false statement in connection with any report or record required to be made under this chapter commits an aggravated misdemeanor. 90 Acts, ch 1251, §19 C91, §204B.10 C93, §124B.10

1. A vendor or a recipient who receives a precursor substance from a source outside the state shall obtain a permit for the transaction from the board. However, a permit is not required of a vendor of a drug containing ephedrine, phenylpropanolamine, or pseudoephedrine or of a co…

The board shall refuse, suspend, or revoke a permit upon finding that any of the following conditions exist: 1. The permit was obtained through fraud, misrepresentation, or deceit. 2. The permittee has violated or has permitted any employee of the permittee to violate any of the …

1. A report to the board shall be submitted in accordance with this chapter by a manufacturer, retailer, or other person who sells, transfers, or otherwise furnishes to any person in this state any of the following substances: a. Anthranilic acid, its esters, and its salts. b. Be…

1. Before selling, transferring, or otherwise furnishing any substance specified in section 124B.2 to a person in this state, a vendor shall require proper identification from the purchaser. 2. For the purposes of this section , in the case of a face-to-face purchase, “proper ide…