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124.407 Gatherings where controlled substances unlawfully used---penalties.

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.

Court-appointed attorney fees incurred in the defense of any person charged with a felony under this section shall be taxed as part of the costs against the defendants who are found guilty. If the defendant does not discharge such costs within ninety days, the county paying such costs may seek indemnification therefor from the Iowa general assembly. A county may also seek indemnification from the general assembly of court-appointed attorney fees incurred in the defense of any person charged with a felony under this section who was found not guilty.

Any person who violates this section and where the controlled substance is any one other than marijuana is guilty of a class "D" felony.

Any person who violates this section, and where the controlled substance is marijuana only, is guilty of a serious misdemeanor.

The district court shall grant an injunction barring a meeting, gathering, or assemblage if upon hearing the court finds that the sponsors or promoters of the meeting, gathering, or assemblage have not taken reasonable means to prevent the unlawful distribution, use or possession of a controlled substance. Further injunctive relief may be granted against all persons furnishing goods or services to such meeting, gathering, or assemblage.

The district court may, upon application and a showing of one or more of the grounds provided in section 639.3, grant to the state or governmental subdivision thereof a writ of attachment, ex parte, without bond, in an amount necessary to secure the payment of any fine that may be imposed and the payment of costs. The reasonable expense to the state and governmental subdivisions thereof to provide the necessary law enforcement resulting from a meeting, gathering or assemblage held in violation of this section may be taxed as costs in the criminal action.

Court costs and court-appointed attorney fees incurred in the prosecution of any person charged with violation of this chapter shall be taxed against the defendants who are found guilty of violating this section. If no defendant is found guilty of violating this section, or if the court costs and court-appointed attorney fees are not satisfied by the defendants, the court costs and court-appointed attorney fees shall be paid by the state of Iowa.

Section History: Early form

[C73, 75, 77, 79, 81, § 204.407]

Section History: Recent form

C93, § 124.407


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