Wrongful use or possession of controlled substances.

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29B.107A Wrongful use or possession of controlled substances.

1. Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the state military forces, a controlled substance shall be punished as a court-martial may direct.

2. For purposes of this section, “controlled substance” includes but is not limited to any of the following:

a. Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance.

b. Any substance listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of the uniform code of military justice, 10 U.S.C. ch. 47.

c. Any substance listed in schedules I through V of section 202 of the federal Controlled Substances Act, 21 U.S.C. §812.

3. Notwithstanding subsection 2, “controlled substance” does not include hemp or a hemp product excluded from schedule I of controlled substances as provided in section 124.204, subsection 7.

2010 Acts, ch 1087, §4; 2019 Acts, ch 130, §20, 33

Referred to in §29B.16

Subsection 3 effective April 8, 2020; the secretary of agriculture published an advisory notice in IAB Vol. XLII, No. 21 (4/8/20), p. 2630, that the state plan for the production of hemp was certified by the United States department of agriculture and that Code chapter 204 was implemented on that date; see 2019 Acts, ch 130, §18, 33

NEW subsection 3


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