124.401B Possession of controlled substances on certain real property additional penalty. 3.5. Possession with intent to sell large amounts can lead to an automatic driver's license suspension. In that circumstance, plant-form marijuana is punished equivalent to the penalties for simple possession, whereas delivery, or possession with intent to deliver an equivalent amount of hashish, hash oil, or other derivatives are punished in accordance with the regular penalties for distribution. This site is protected by reCAPTCHA and the Google, There is a newer version of the Iowa Code, SUBTITLE 1 ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES. Although the penalties related to a drug paraphernalia conviction are much less than those involved in drug possession and drug trafficking, they are still penalties that can affect an individual's reputation. Last update: Mon Jan 22 17:13:42 CST 2001 124.401 Prohibited acts manufacturers possessors counterfeit substances simulated controlled substances penalties. Evidence Drug Paraphernalia Charges in Iowa. 73 0 obj <> endobj Methamphetamine and drug paraphernalia were found at the residence. The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. As used inthis 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 or intentionally and primarily do any of the following: in Iowa is a misdemeanor with the exception of marijuana. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Under Iowa state law, Code 124.414 law, it is a simple misdemeanor A tobacco pipe is excluded from the definition of drug paraphernalia under sub. criminal defense lawyer who can help protect your rights. Are dab pens legal in Iowa? A person who violates this section commits a simple Possession, distribution, or manufacture of marijuana paraphernalia is misdemeanor and is punishable by a fine of up to $1,000 and/or up to six months imprisonment. Under Iowa Code sections 124.414(1)(a) and 124.414(1)(b), the term drug paraphernalia is defined to include equipment or materials that one intends to use, or knows is intended to be used, primarily for any of the following purposes: However, drug paraphernalia does not include any equipment or material used in combination with the lawful use of a controlled substance, or the otherwise lawful use of that equipment or material. @+pWoZ4iRKME^ME^MVl*MTT( ) ) ) ) )V}}](7C/8wvT-* Drug Paraphernalia. Call us at (515) 279-9700 today to schedule your free consultation about the details of your case. Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Cedar Rapids, IA that can defend you against your drug-related charges. The arrest of Jordan Lee Wichers stemmed from the stop of a 2008 Mercury Mariner for an expired registration on West Seventh Street near First Avenue, according to the Sheldon . For instance, Ziploc bags are probably used by a majority of households, but if an officer suspects that they are being used for distributing or manufacturing drugs, they can be used as evidence of drug paraphernalia. 124.212B Pseudoephedrine sales tracking penalty. Penalties for Possession of Drug Paraphernalia Iowa. Iowa Code 124.410 Web Search; Paraphernalia. Federal Criminal Law Criminal Record Hoover pleaded guilty to . Michael Edward Eber Hoover made an initial appearance on a possession of drug paraphernalia charge and an interference with official acts charge. We can review your unique circumstances and help you decide the best way to move forward. intentionally manufacture, deliver, sell, or possess drug In addition, the convicted offender will have a mark added to their criminal record, which can interfere with future employment and education opportunities. Temporary Matters Remember, the drug paraphernalia must be used for illegal substances. paraphernalia. for a clearer picture of the quality of our service. Most of the time, it is considered a misdemeanor, though certain circumstances can increase it to a felony paraphernalia charge, especially at a state level. https://iowainterstatedruglawyer.com is not a law firm. (Iowa Code Ann. The law states that you. If youve been charged with possession of drug paraphernalia in Polk County or Dallas County, Iowa, call us today at (515) 279-9700 to schedule your free consultation. The possession of drug-related paraphernalia may seem minor compared to other drug offenses, but it still carries serious penalties that can affect your future for years to come. The information on this website is for general information purposes only. Experienced and dedicated trial lawyer who focuses his litigation practice on defending drug crimes. webmaster@legis.iowa.gov. Possession of drug paraphernalia is considered a simple misdemeanor, which means a convicted individual could face a fine and . Visitation, The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. 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 or intentionally and primarily do . to make, sell, or possess drug paraphernalia. You can explore additional available newsletters here. ?:0FBx$ !i@H[EE1PLV6QP>U(j Any person violating this section is guilty of a class C felony. For certain drugs, penalties for a first-time offender are as much as 20 years and a $1 million fine. It encompasses materials, products and equipment that are intentionally used to manufacture, use, test or enhance the effects of narcotics. the officers executed the warrant. Title 21 of the United States Code (USC) Controlled Substances Act clearly explains that its illegal: (1) to sell or offer for sale drug paraphernalia; (2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or. We will be happy to discuss your matter. We can review your unique circumstances and help you decide the best way to move forward. Upon a conviction, the defendant may face the following penalties: . History: 1989 a. Other drug paraphernalia offenses are defined in 961.574, manufacture or delivery of drug paraphernalia; 961.575, delivery of drug paraphernalia to a minor; and 961.576, advertisement of drug paraphernalia. Nothing on this site should be taken as legal advice for any individual Defense Strategies: Possession and Other Non-Trafficking Offenses A. Conviction/s "Relating to a Single Offense Involving Possession for On e's Own Use of Thirty Grams or Less of Marijuana" (And Similar Offenses) B. Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. endstream endobj 77 0 obj <>stream 124.506A Large seizure of a controlled substance evidence and disposal. Iowa may have more current or accurate information. With the use of drugs becoming increasingly widespread and the legalization of marijuana a hot topic in our country, it is no surprise that arrests for drug-related offenses are common. possessed for a lawful purpose. Please check official sources. Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. The only circumstance where plant-form Marijuana is treated differently is for a charge of delivery or possession with intent to deliver one half ounce or less without remuneration. Call us today at515-996-4441 for a free consultation. For example, sandwich baggies are used to transport marijuana or other Employers 124.402 Prohibited acts distributors registrants proprietors penalties. Child Neglect 3. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. Testing the strength or purity of a controlled substance, Lab equipment such as beakers, flasks, and burners. URL: /DOCS/IACODE/2001/124/414.html A person who violatesthis sectioncommits a simple misdemeanor. Criminal History 124.409 Conditional discharge, commitment for treatment, and probation. Gun Rights and successfully resolving their cases. Bribery If you or a loved one has been arrested for possession of drug paraphernalia, contact our office immediately at 1-800-342-7896. 1995 s. 961.571; 2021 a. A . First conviction. Contact our Des Moines drug paraphernalia possession attorneys at (515) 996-4441 best interests. DCFS all equipment, products, or materials of any kind used or Second offense = Up to 1 year in jail and/or fine between $315 to $1,875. Puryear Law is a general law practice. Time is important in preparing a defense for possession of drug paraphernalia, so dont hesitate to take the first step in securing your future. Marijuana paraphernalia includes any items used in the cultivation, harvesting, processing, testing, analysis, storage, or use of marijuana. endstream endobj startxref Third offenses are considered aggravated misdemeanors and are punishable by a maximum fine of $8,540 and/or up to two years of imprisonment. 124.404 Penalties under other laws. Although possession of drug paraphernalia is a simple misdemeanor, it can If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply. Alcohol For example, if a person is charged with an OWI and also a possession of drug paraphernalia that are filed under separate cases number but occurs out of the same incident, is the person . Penalties include a fine of between $315 and $1,875, up to one year in jail, or both. A simple misunderstanding or minor drug charge can impact your future for years to come. Possession, distribution, or manufacture of marijuana paraphernalia is simple misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months imprisonment. Discovery Child Custody In Iowa, the criminal penalties for CDS possession depend on whether the violation is a first or subsequent conviction. Possession of drug paraphernalia is considered a simple misdemeanor, which means a convicted individual could face a fine and up to 30 days in jail. There are many items and actions that may result in a drug paraphernalia charge at either a state or federal level. A news release . 124.207 Substances listed in schedule III criteria. We are here to represent Viewing this Website or even contacting us does not create an attorney-client relationship. The provisions of this section and of 18.2-265.3 shall not apply to (i) a person who possesses or distributes controlled paraphernalia on behalf of or for the benefit of a comprehensive harm reduction program established pursuant to 32.1-45.4 or (ii) a person who possesses controlled paraphernalia obtained from a comprehensive harm . Under state law, penalties can vary. Marijuana If you or a loved one is facing drug paraphernalia charges and would like to put them behind you so you can move on with your life, please contact one of the lawyers listed on Iowa Interstate Drug Lawyer and request your free case evaluation today. To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; To test the strength, effectiveness, or purity of a controlled substance; To enhance the effect of a controlled substance. 124.204 Schedule I substances included. attempted to be used in combination with a controlled Comments about this site or page? (1) Manufacture a controlled substance. 124.203 Substances listed in schedule I criteria. If you have been charged with possession of drug paraphernalia in Des Moines, Though marketed as a tobacco product and sold in gas stations across the country, they would be considered marijuana paraphernalia if authorities discover it with marijuana or with other drug-related materials. Finding these items in a loved one's bedroom, bag, or car . have a serious impact on your ability to obtain or keep a job. 1. a. Jason Yanak, 35, of Onawa, has a $300 bond for a charge of . contact a Des Moines The system can be confusing, and you need to fully understand your options when making decisions about your future. Possession of drug paraphernalia can also be charged if a device for using drugs is found. Illegal possession of drug paraphernalia in violation of Health & Safety Code 11364 HS is a misdemeanor. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell, or possess drug paraphernalia. 121; 1991 a. 124.101A Administration of controlled substances delegation. 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 or intentionally and primarily do any . Felony (4)Enhance the effect of a controlled substance. On May 1, 2015, Iowa Governor Terry Branstad signed Iowa Senate File 385 into law, which was unanimously passed by both chambers of the Iowa Legislature. Drug paraphernalia refers to any material, equipment, or product that is used to manufacture, compound, conceal, produce, process, prepare, or administer a controlled substance. Additionally, some common drugs have mandatory minimum sentences of 5 and 10 years, which means incarceration is a certainty when a guilty verdict is reached. intentionally and primarily do any of the following: (2)Inject, ingest, inhale, or otherwise introduce into Possessing three grams to 15 grams is a third-degree felony with the standard prison sentence ranging from nine to 36 months in jail . League of Women Voters of Iowa. Civil Rights Distribution or cultivation of more than 1,000 kilograms of marijuana is a felony and is punishable by a maximum fine of $1,000,000 and up to 50 years of imprisonment. . A first offense conviction for the possession of a controlled substance NICS_LegalResearch@fbi.gov> to make these determinations. During the traffic stop, investigators with the Sullivan County Sheriff's Office Vice and Narcotics Unit located 14 grams of fentanyl, 4 grams of heroin, 9 grams of crack cocaine, 19 grams of . (1) Manufacture a controlled substance. Domestic Violence . 18.2-265.1.Definition. This information is not intended to create, and receipt In the state of Indiana, for example, possessing less than 5 grams would result in a Level 6 . Sign up for our free summaries and get the latest delivered directly to you. Possession, distribution, or manufacture of paraphernalia, Sponsoring, promoting, or assisting in a gathering where marijuana will be used, distributed, or possessed. 124.212A Pharmacy pseudoephedrine sale restrictions records contingent applicability. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Maryland Criminal LawCR 5-619 (c) (1) defines the crime of CDS: Possession of Paraphernalia. Copyright 2023 Iowa Interstate Drug Lawyer. Since possession of drug paraphernalia is often accompanied by other drug charges, though, it can sometimes be used as a bargaining chip when negotiating lesser penalties. Fifth degree felony penalties for possession of less than three grams of meth will mean a six to 12 month jail term, with a $2,500 fine. Call us at (515) 279-9700 today to schedule your free consultation about the details of your case. Attorney-Client Relationship One criminal charge that can be levied against an individual is possession ofdrug paraphernalia. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality. Even peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole. 19-03.4-06. Yes, drug paraphernalia are illegal. 19-03.4-05. Firearms in the baggie, then it may be fair to say the baggie is drug paraphernalia. 1. a. But if Iowa were serious about drug policy, here's what it would look like: ' House File 163 would reduce the penalty for possession of marijuana or drug paraphernalia to a civil penalty carrying . Juvenile Abuse/Neglect For example, one common item that people typically associate with drug use (specifically marijuana) is a bong.Another product that is often thought of in connection . Title. There was a substantial amount of drugs, drug residue, and drug paraphernalia throughout the home. 124.213 Pseudoephedrine purchase restrictions from pharmacy or retailer penalty. Unlawful delivery of drug paraphernalia to a minor - Penalty. This is a misdemeanor, except upon third offense, which is a felony. This page was last updated October 23, 2020. ROCK RAPIDSA 52-year-old Sioux Falls, SD, man was cited about 9:15 a.m. Sunday, Aug. 8, near Rock Rapids on a charge of possession of drug paraphernalia. Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose. Usually, conditional release lets a person opt for probation rather than trial. No attorney-client relationship is formed through your use of this website, Possession of Drug Paraphernalia Charges in Illinois, Social Security, Disability, and Workers Compensation, Consult with an experienced lawyer today . Iowa Code 124.401(1)(e) and (f)--If in the immediate possession of a firearm while participating in a violation of 124.401(1), the penalty shall be 2 times the term otherwise imposed or granted. The attorneys at McCarthy & Hamrock, P.C. other possession of a controlled substance, as there are almost always traces of the controlled substance on the Spying Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Sioux City, IA that can defend you against your drug-related charges. Please do not divulge sensitive information through this form. can aggressively fight your case with the goal of helping you obtain the best possible result. When the evidence is Criminal Defense Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. Defining Paraphernalia. 50266 . 448 s. 310; Stats. growing, or harvesting a drug or controlled substance. No suspension. Let us reduce your stress during this challenging time and guide you through each phase of your criminal defense when fighting charges for the possession of drug paraphernalia in the greater Des Moines area in Iowa. (a) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use, is guilty of a Class A . PACER (3) Test the strength, effectiveness, or purity of a controlled substance. CONNECTING YOU TO EXPERIENCED IOWA LAWYERS WHO CAN DEFEND YOU AGAINST: ILLEGAL STOPS, INTERSTATE DRUG TRAFFICKING AND DRUG CHARGES, Federal Drug Paraphernalia Charges In Iowa, Chillums (cone-shaped marijuana/hash pipes), Pipes (acrylic, ceramic, glass, metal, plastic, stone, wood), Drug Trafficking Lawyer Sioux City IA | Drug Trafficking Attorney Sioux City IA. needles or syringes if manufactured, delivered, sold, or Jail Information 124 0 obj <>stream This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. 4 0 obj 124.206 Schedule II substances included. (4) Enhance the effect of a controlled substance. paraphernalia. Business do not hesitate to retain a skilled Please remember that the person listed above does not vote on bills. or viewing does not constitute, an attorney-client relationship. Under Iowa law, this phrase has a broad meaning. Offenders who are chronic abusers of marijuana may be sent to rehab. In Iowa, most drug paraphernalia charges involve marijuana paraphernalia used to possess or smoke the substance. If the officer also finds marijuana, the crime of possession of marijuana can be charged. The drug paraphernalia statute, U.S. Code Title 21 Section 863, makes it "unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or to import or export drug paraphernalia." For that reason, along with the possible jail time, adrug paraphernalia charge in Iowa is one that should be handled carefully. Police Brutality Tort Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such lawyer is necessarily any more expert or competent than any other lawyer. Disclaimer: These codes may not be the most recent version. @Rt CXCP%CBH@Rf[(t CQhz#0 Zl`O828.p|OX This disclosure is required by the Supreme Court of Iowa. A simple possession could result in up to three years in prison and fines between $1,000 and $250,000. Fines and imprisonment terms for possession are as follows: First offense = Up to 6 months in jail and fine up to $1,000. Drug Paraphernalia. possession of methamphetamine (third offense), in violation of section 124.401(5). SRCR082610, Iowa City, Johnson County Drug Possession Charges Dropped. 140; 1995 a. x:Q"(*(*(*V,' other possession of a controlled substance. Dunn was charged with three misdemeanors, possession of a controlled substance, drug paraphernalia and resisting or obstructing officers for arrests and seizures, all to which he pled not guilty. Use of this form does not constitute an attorney/client relationship. Second offenders are subject to a maximum fine of $2,560 and/or up to one year of imprisonment. Prop 47, Immigrants, and Drug Offenses C. Drug Paraphernalia D. A Drug Conviction, but at Least Not an Aggravated Felony Sample. See our full disclaimer HERE. Possessing even the smallest amount can be charged as a fifth-degree felony. Unlawful possession of drug paraphernalia penalty. b. Additional information regarding cannabinoids and proposed per se limits is available online. Making, selling, possessing, or using such objects is a simple misdemeanor. Dont risk your future on an inexperienced attorney. Some jurisdictions also impose additional per se laws. Appeal not mean that they are possessing drug paraphernalia. With nearly 50 years of combined legal experience, McCarthy & Hamrock, P.C. Purpose. However, they do allow smoking paraphernalia when it can be used for tobacco. Chapter 161 was renumbered Chapter 961 by 1995 Wisconsin Act 448. Time is important in preparing a defense for possession of drug paraphernalia, so don't hesitate to take the first step in securing your future. BOOKED INTO JAIL. (3)Test the strength, effectiveness, or purity of a It is classified as a misdemeanor and the maximum penalty is $500.00 for a first offense and $2,000.00 fine and 2 years incarceration, or both for a second or subsequent offense. 1.a. Each case is unique, though an experienced attorney can research the details of any given case to determine which strategy will be most beneficial. (3) to import or export drug paraphernalia. Whats the Difference Between DUI, OWI, DWI, OVI. Iowa Code section 124.414 defines "drug paraphernalia" as "all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance . (4)Enhance the effect of a controlled substance. The amount of prison time and fines a person is punished with vary depending on how much meth they have in their possession when they are caught. endstream endobj 78 0 obj <>stream If you are looking for a lawyer to defend you against criminal charges, x^Un0E|vQ!uTb1 N4E~7i"QxZ8k];k+>q.5!=8%I_I\s$Y[~v!Gyo58oo-!A&uYlu $T{66uog8u8]|l @ ^ )9SX@Ap C %,apg@ExxtJ)cjjccc#M#Mcccccc9Ha |'t,OG misdemeanor. (3) Test the strength, effectiveness, or purity of a controlled substance. %PDF-1.7 All operators will only forward your information to attorneys who advertises in your area. It encompasses materials, products and equipment that are intentionally used to manufacture, use, test or enhance the effects of narcotics. Controlled Substance Defined. 124.212C Pseudoephedrine advisory council electronic monitoring. have nearly 50 years of combined experience representing clients charged with drug crimes and the possession of drug paraphernalia. Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Des Moines, IA that can defend you against your drug-related charges. Concealed Carry Firm, we have earned a reputation for effectively representing clients In these cases, the charge could be bumped up to a possession charge. Under this definition, scales, pill capsules, syringes, pipes and even plastic baggies can be considered drug paraphernalia if it can be shown that an individual was using those items in some sort of drug-related activity. You're all set! 124.401E Certain penalties for manufacturing or delivery of amphetamine or methamphetamine. Individual states have unique guidelines that spell out the legality of possession of paraphernalia and other related offenses. 124.551 Information program for drug prescribing and dispensing. Sometimes it can be proven that a search was conducted improperly or that evidence was mismanaged. Even something such as a baggie can be considered drug paraphernalia. These situations include: Items that are used to lawfully administer a medication, such as syringes for diabetic patients, are exempt from this rule. As used in this section, "drug paraphernalia" means all equipment, products, %%EOF Following the search, Dustin Vaughn, 35, of Independence was arrested for possession of methamphetamine, possession of sale drug paraphernalia and possession of use paraphernalia. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. 1. a. <> Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. Mr. . Penalties for Iowa Marijuana Possession. jhf, 2001 Cornell College and Distribution or cultivation of more than 50 and up to 100 kilograms of marijuana is a felony and is punishable by a maximum fine of $50,000 and up to 10 years of imprisonment. There is a mandatory minimum of two days in jail for any drug conviction, even in a marijuana case. Includes such things as: pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, bongs, cut straws, baggies, etc. illegal substances. Under CRS 18-18-428, having possession of drug paraphernalia is a drug petty offense in Colorado.The penalty is a fine of up to $100 but no actual jail time.. OELWEIN - A Northern Iowa couple was arrested in a traffic stop for drunk driving and illegal drug possession. Iowa law blocks fentanyl testing strips from inclusion in harm reduction boxes; seen as drug paraphernalia A number of states have recently passed legislation repealing bans on the possession of . conviction for the possession of controlled substances has a fine of a substance, except those items used in combination with the A skilled attorney can use many possible defenses to have charges reduced or dropped. His clients include or have included multi-national, national, regional and local companies. Distribution or cultivation of 50 kilograms of marijuana or less is a felony punishable by a maximum fine of $7,500 and up to five years of imprisonment. When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. Defendant was charged with Possession of Marijuana, Disorderly House and Possession of Drug Paraphernalia. WICHITA, Kan. (KSNW) The Kansas Bureau of Investigation (KBI) arrested nine people after a search warrant found meth and other drug paraphernalia at a house in Independence. 124.407 Gatherings where controlled substances unlawfully used penalties. On February 12, 2023, at approximately 2:10 AM, the Fayette County Sheriff's Deputy stopped a vehicle for a traffic infraction at the intersection of 1st Avenue NE and 5th Street NE, Oelwein, Iowa. Direct all comments concerning legislation to State Legislators. (3)Test the strength, effectiveness, or purity of a controlled substance. The punishment can be a fine in the amount of $75 to $625 and/or imprisonment for up to 30 days. If you have been charged with possession of drug paraphernalia, you should to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or. 124.502 Administrative inspections and warrants. A prime example of this is rolling papers. The purpose of this ordinance is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia as defined herein. 124.401A Enhanced penalty for manufacture or distribution to persons on certain real property.