This text of Iowa § 124.506A (Large seizure of a controlled substance — evidence and disposal) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
controlled substance may destroy the seized controlled substance if the law enforcement
agency retains at least ten pounds of the marijuana seized or at least one pound of any other
controlled substance seized for evidence purposes.
b.Paragraph “a” does not apply to hemp or a hemp product excluded from schedule I of
controlled substances as provided in section 124.204, subsection 7.
2.Prior to the destruction of any controlled substance under this section, the law
enforcement agency shall photograph the controlled substance
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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
controlled substance may destroy the seized controlled substance if the law enforcement
agency retains at least ten pounds of the marijuana seized or at least one pound of any other
controlled substance seized for evidence purposes.
b. Paragraph “a” does not apply to hemp or a hemp product excluded from schedule I of
controlled substances as provided in section 124.204, subsection 7.
2. Prior to the destruction of any controlled substance under this section, the law
enforcement agency shall photograph the controlled substance to be destroyed with
identifying case numbers or any other case identifiers and prepare a written report detailing
any relevant information about the destruction of the controlled substance. At least thirty
days prior to any destruction of a controlled substance, the law enforcement agency
destroying the controlled substance shall notify in writing any person arrested in connection
with the seizure, the attorney of the person if represented, and any other attorney of record
including the prosecuting attorney, and the law enforcement agency that made the arrest
if the agency is different than the law enforcement agency responsible for retaining the
seized controlled substance, that the law enforcement agency is planning to photograph and
destroy part of the controlled substance seized, and any person or agency notified may be
present at the photographing of the controlled substance to be destroyed.
3. Any person or agency notified about the destruction of part of the controlled substance
seized, or any other interested party, may file an application with the district court resisting
the destruction of any of the controlled substance.
4. A rebuttable presumption is created that the portion of any controlled substance
retained for representation purposes as evidence and all photographs and records made
under this section and properly identified are admissible in any court proceeding for any
purpose for which the destroyed controlled substance would have been admissible.