possession of drug paraphernalia iowa

1 People who use drugs or unsafe substances may use or adapt everyday household items for these purposes. 124.401C Manufacturing methamphetamine in presence of minors. A drug paraphernalia conviction is likely to be considered a "drug conviction" for federal student aid purposes, which means no federal grants or loans, Many private schools or colleges have codes of conduct that prohibit drug activity so a person could be expelled or denied entrance into the school of her choice, . Emergency Injunction However, any amount of an illegal or controlled substance qualifies as a felony and paraphernalia are usually discovered along with drug residue or the raw, unconsumed substance. {{{;}#tp8_\. In these cases, the charge could be bumped up to a possession charge. You already receive all suggested Justia Opinion Summary Newsletters. Police Misconduct Even something such as a baggie can be considered drug paraphernalia. (3) Test the strength, effectiveness, or purity of a controlled substance. (4)Enhance the effect of a controlled substance. ?:0FBx$ !i@H[EE1PLV6QP>U(j A . Possessing any amount of cannabis in the state of Iowa is a punishable offense. League of Women Voters of Iowa. hn1_RoUI I(&pJ"H;$-rax{lNF\B4'ND$`g8G3e`9R$QHpFu$8EfrvF;DP>(]l B1XZ$FXz-C>]mLCpF;l"Bnt.4zXqO Vu@6Z`b:2|2 Af?|QK)+*` Jail Information 1.a. Her bond is $2,000. According to court records, 49-year-old Patrick Cornelius Clark has been charged with a controlled substance violation - class B felony, possession of contraband in a correctional institution . Please do not divulge sensitive information through this form. Every state criminalizes driving under the influence of a controlled substance. Penalties for violating California's possession of drug paraphernalia law can include. 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. Use of this form does not constitute an attorney/client relationship. . (3)Test the strength, effectiveness, or purity of a Additional research is recommended to be conducted on the following scenarios to determine (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 . Bills or resolutions were introduced in 2018 in Alaska California, Georgia, Iowa, Massachusetts Michigan, New Jersey, and Pennsylvania call on Congress to reschedule or otherwise allow state authority for marijuana policy. The attorneys of McCarthy & Hamrock, P.C. (4)Enhance the effect of a controlled substance. Under the federal statute, the maximum sentence for selling paraphernalia is three years, plus a fine. Kidnapping His clients include or have included multi-national, national, regional and local companies. Hoover pleaded guilty to . Federal Possession with the Intent to Sell Charges, Transportation of Controlled Substances in Iowa. Distribution of marijuana includes possessing marijuana with the intent to distribute it. 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.. Essentially, paraphernalia is anything you possess to use, transport, or make Offenders who are chronic abusers of marijuana may be sent to rehab. 124.213 Pseudoephedrine purchase restrictions from pharmacy or retailer penalty. % Dont risk your future on an inexperienced attorney. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 McCarthy & Hamrock, P.C. Suite 208 1.a. Even peaceful marijuana smokers sentenced to life MMS must serve a life sentence with no chance of parole. 140; 1995 a. can defend your situation with confidence. under Iowa law. Includes such things as: pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, bongs, cut straws, baggies, etc. 124 0 obj <>stream IA 448 s. 310; Stats. As used in this section, "drug paraphernalia" means We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. to import or export drug paraphernalia. 1 CONTROLLEDSUBSTANCES,124.414 124.414 Drugparaphernalia. 124.212B Pseudoephedrine sales tracking penalty. misdemeanor. Under state law, penalties can vary. Gun Rights 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 . Spying Child Custody We make no warranties or guarantees about the accuracy, completeness, or adequacy of the . 124.201 Duty to recommend changes in schedules. Kansas (SB 112) reduced the severity level for unlawful possession for drug paraphernalia from a class A to a class B . 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. This notice is required by the Supreme Court of Iowa. Under Iowa state law, Code 124.414 law, it is a simple misdemeanor Child Abuse Iowa code section 124.414 bans the possession of drug paraphernalia, which is defined as 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: minimum of $250 and a maximum fine of $1,500, and you may even be imprisoned Attorney listings are paid attorney advertisements and do not in any way constitute a referral or endorsement by iowainterstatedruglawyer.com. Home Federal Drug Paraphernalia Charges In Iowa. Some jurisdictions also impose additional per se laws. 21 U.S. Code 863 - Drug paraphernalia. On June 1, Garmon and Delton Williams, 18, a senior at Cathedral Preparatory School, were charged with simple possession of marijuana and possession of drug paraphernalia, both misdemeanors. 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. Upon a conviction, the defendant may face the following penalties: . PACER Possession ofdrug paraphernalia is a simple misdemeanor in Iowa, which means that the maximum penalty is 30 days in the county jail. 3.5. . Comments about this site or page? If you or a loved one has been arrested for possession of drug paraphernalia, contact our office immediately at 1-800-342-7896. Mr. . Call us today at515-996-4441 for a free consultation. (3) Test the strength, effectiveness, or purity of a controlled substance. Possession of drug paraphernalia is considered a simple misdemeanor, which means a convicted individual could face a fine and . Title. . It's in the policy, as it pertains to what happened the night after Iowa State . for 1 year on top of the fine. 1/1/1999 to 12/31/2012 DRUG POSSESSION Convicting Chg Convicting Description Class Convictions 124.14 DNU - POSSESSION OF DRUG PARAPHERNALIA (SMMS) SMMS 5 . This state has passed alow THClaw allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition. 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. 124.414 POSSESSION OF DRUG PARAPHERNALIA (SMMS) SMMS 386 155A.21 UNLAWFUL POSSESSION OF PRESCRIPTION DRUG (SRMS) SRMS 46 Totals 6,704 2001. 50266 As a misdemeanor federal offense, a drug paraphernalia charge can result in as much as a 3-year sentence and fines. 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 . As used in this section, "drug paraphernalia" means all equipment, products, A first conviction is a serious misdemeanor. Under Iowa law, this phrase has a broad meaning. stream endstream endobj startxref . Making, selling, possessing, or using such objects is a simple misdemeanor. 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. 124.551 Information program for drug prescribing and dispensing. What is drug paraphernalia? the officers executed the warrant. 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. MFk t,:.FW8c1L&9aX: rbl1 Yes, drug paraphernalia are illegal. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. A consent search of the car was conducted . Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. today to schedule a free consultation with our team in Polk County. Possession and Criminal Penalties. 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 . NICS_LegalResearch@fbi.gov> to make these determinations. However, any amount of an illegal or controlled substance qualifies as a felony and paraphernalia are usually discovered along with drug residue or the raw, unconsumed substance. 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 . 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. %PDF-1.7 DISCLAIMER: The information you obtain from this site is not, nor is it intended to be, legal advice. See our full disclaimer HERE. Drug Paraphernalia Charges in Iowa. The punishment can be a fine in the amount of $75 to $625 and/or imprisonment for up to 30 days. In that circumstance, plant-form marijuana is punished equivalent to the penalties for simple possession, whereas delivery, or possession with intent to deliver an equivalent amount of hashish, hash oil, or other derivatives are punished in accordance with the regular penalties for distribution. hb```f``*e`a`bf`@ r\ 5P->S$T6 $5:D,YJ .Eq(~c ?\+d.hOBaXU4@1% mx&g0 O 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. Last update: Mon Jan 22 17:13:42 CST 2001 A first offense Finding these items in a loved one's bedroom, bag, or car . 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. Juvenile Abuse/Neglect III. 3. 124.416 Exception to restrictions on bail. Maryland Criminal LawCR 5-619 (c) (1) defines the crime of CDS: Possession of Paraphernalia. Nothing on this site should be taken as legal advice for any individual The State may enhance your charge. The attorneys at McCarthy & Hamrock, P.C. For simple possession of methamphetamine without the intent to deliver, the State would have to prove that the offender knowingly possessed a controlled substance that was methamphetamine. General provisions. The judge has no power to sentence the defendant to less time than the mandatory minimum. Fines and imprisonment terms for possession are as follows: First offense = Up to 6 months in jail and fine up to $1,000. In a situation similar to the above, an Iowa City police officer conducted a traffic stop for a stop sign violation. For the purposes of criminal justice, plant Marijuana and all Tetrahydrocannabinol derivatives thereof, including hashish and marijuana concentrates, are defined as Marijuana and punished equally in all but one circumstance. Testing the strength or purity of a controlled substance, Lab equipment such as beakers, flasks, and burners. However, they do allow smoking paraphernalia when it can be used for tobacco. (4)Enhance the effect of a controlled substance. The information on this website is for general information purposes only. A tobacco pipe is excluded from the definition of drug paraphernalia under sub. 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 . Get free summaries of new opinions delivered to your inbox! A news release . Criminal History 124.401F Prohibitions on tampering with, possessing, or transporting anhydrous ammonia or anhydrous ammonia equipment. In addition, the presence of drugs can make any items that maybe have been used in their production suspect to a paraphernalia charge. Penalties for Drug Paraphernalia Charges In Iowa. There are many items and actions that may result in a drug paraphernalia charge at either a state or federal level. other possession of a controlled substance. xwTS7PkhRH H. BE IT ENACTED BY THE BOARD OF SUPERVISORS OF TAMA COUNTY, IOWA: Section 1. There are additional consequences of a conviction for people who hold professional licenses, such as . have a serious impact on your ability to obtain or keep a job. It can often be shown that marijuana paraphernalia is for tobacco or that certain items have lawful household uses. six months in jail, and/or; a fine of up to $1,000. In Iowa, methamphetamine charges can be either misdemeanors or felonies and carry varying penalties depending on the charge. Iowa code states, "If in the immediate possession of a firearm while participating in a violation of 124.401 (controlled-substance charges), the penalty shall be 2 times the term otherwise imposed . jhf, 2001 Cornell College and 3. ?~/Fyb^^w8,;$_Ik\vgcK 1/0sJ) mq.L)MN^Z4*4CTbLAW2[B(u:a.[JWy'Pet2;44 ^.2|Tih-w{x_aw@UJIuzzz_vnSu'xYL#0(d\x .Fr]xP}vH[? illegal substances. If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a felony punishable by a maximum fine of $100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of five years will apply. Call (515 . With nearly 50 years of combined legal experience, McCarthy & Hamrock, P.C. An attorney at your side can help you navigate the daunting task of a criminal offense. do not hesitate to retain a skilled Iowa Code 124.410; Paraphernalia. . (1) Manufacture a controlled substance. scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors to possess such testing equipment or distribute such testing equipment to a person who intends to introduce a controlled substance into his or her body. Other common examples include: As a misdemeanor federal offense, a drug paraphernalia charge can result in as much as a 3-year sentence and fines. Paraphernalia. No. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality. Drug Trafficking Lawyer Des Moines IA | Drug Trafficking Attorney Des Moines IA. @~ (* {d+}G}WL$cGD2QZ4 E@@ A(q`1D `'u46ptc48.`R0) Methamphetamine and drug paraphernalia were found at the residence. (4) Enhance the effect of a controlled substance. Are dab pens legal in Iowa? (2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. (1981, c. 500, s. 1; 1993, c. 539, 19-03.4-05. Distribution or cultivation of more than 100 and up to 1,000 kilograms of marijuana is a felony and is punishable by a maximum fine of $100,000 and up to 25 years of imprisonment. 2001 Cornell College and 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. Possession of drug paraphernalia can also be charged if a device for using drugs is found. paraphernalia. For that reason, along with the possible jail time, adrug paraphernalia charge in Iowa is one that should be handled carefully. 124.414 Drug paraphernalia. 124.202 Controlled substances listed regardless of name. Experienced and dedicated trial lawyer who focuses his litigation practice on defending drug crimes. 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 any . Evidence Additionally, it should be noted that with possession of drug paraphernalia webmaster@legis.iowa.gov. 124.406 Distribution to person under age eighteen. 1. a. Possession of drug paraphernalia is the more severe charge. Sponsoring, promoting, or assisting in the sponsorship or promotion of a gathering with the knowledge that marijuana will be used, distributed, or possessed at that event is a misdemeanor punishable by a maximum fine of $2,560 and/or up to one year of imprisonment. Possessing three grams to 15 grams is a third-degree felony with the standard prison sentence ranging from nine to 36 months in jail . 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. . 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. Temporary Matters Sometimes it can be proven that a search was conducted improperly or that evidence was mismanaged. hbbd``b`V@ $DA A3Huq-A,9 $ !xF It is unlawful for any person to knowingly or 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 . Contact our Des Moines drug paraphernalia possession attorneys at (515) 996-4441 today to schedule a free consultation with our team in Polk County. But just because someone has an empty baggie in their possession does *All fields required. Third offenses are considered aggravated misdemeanors and are punishable by a maximum fine of $8,540 and/or up to two years of imprisonment. What is Drug Paraphernalia? Since dabbable forms of cannabis are illegal, dab pens are drug paraphernalia and the possession of such items is considered a simple misdemeanor under Iowa law. Concealed Carry Although possession of drug paraphernalia is a simple misdemeanor, it can Any person violating this section is guilty of a class C felony. 2. Call us at (515) 279-9700 today to schedule your free consultation about the details of your case. Possessing even the smallest amount can be charged as a fifth-degree felony. Possession with intent to sell large amounts of marijuana can lead to an automatic drivers license suspension. Snooping For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to six months of imprisonment. The possession of drug paraphernalia 124.206 Schedule II substances included. Arson Direct all comments concerning legislation to State Legislators. by Attorney Eric D. Puryear. Drug Trafficking Lawyer Cedar Rapids IA | Drug Trafficking Attorney Cedar Rapids IA. 124.401A Enhanced penalty for manufacture or distribution to persons on certain real property. %PDF-1.6 % The possession of drug paraphernalia is considered a simple misdemeanor, which carries the potential for up to 35 days in jail and a fine that can range from $65 to $625. No suspension. Child Support Please check official sources. 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. Felisha Usher, 25, of Onawa, has been charged with possession of marijuana and possession of drug paraphernalia. 124.212C Pseudoephedrine advisory council electronic monitoring. 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. (1)Manufacture a controlled substance. 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. Penalties for Iowa Marijuana Possession. We will be happy to discuss your matter. Penalties for Possession of Drug Paraphernalia Iowa. Felony History: 1989 a. x:Q"(*(*(*V,' 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: A person who violatesthis sectioncommits a simple misdemeanor. 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. endstream endobj 78 0 obj <>stream After successfully completing probation, the individuals criminal record does not reflect the charge. Iowa Code 124.410 Web Search; Paraphernalia. 124.502 Administrative inspections and warrants. 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. Paraphernalia is considered all equipment, products, or materials of any substance, except those items used in combination with the intentionally and primarily do any of the following: (2)Inject, ingest, inhale, or otherwise introduce into case or situation. . (720 ILCS 600/3.5) Sec. MANUFACTURE AND DELIVERY OF DRUG PARAPHERNALIA . We can review your unique circumstances and help you decide the best way to move forward. H!Izy1TW/98U3G]& (WNalbG}~| Q9iim.?|^Xt_-gS:VR#BmZ}XVNK{rgAoL&&YA+f/^ IAtJ 6(K&xz`=,fK7fHhpBIL'z. (3)Test the strength, effectiveness, or purity of a controlled substance. 124.210 Schedule IV substances included. 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. 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. Copyright 2023 Iowa Interstate Drug Lawyer. the human body a controlled substance. Sample. Please see the marijuana penalties section for further details. possession of marijuana or some Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18. "Drug paraphernalia" does not include hypodermic 124.406A Use of persons under age eighteen in the drug trade. to knowingly or intentionally and primarily do any of the following:" Manufacture a controlled substance; Inject, ingest, inhale, or otherwise introduce into the human [] Sample. intentionally manufacture, deliver, sell, or possess drug 0 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. 124.204 Schedule I substances included. Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. A skilled attorney can use many possible defenses to have charges reduced or dropped. When the evidence is Some items that are considered drug paraphernalia include: The important factor is whether the items were used in relation to drugs. to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or. Every step of the way through The system can be confusing, and you need to fully understand your options when making decisions about your future. 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. Puryear Law is a general law practice. Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. (1) Manufacture a controlled substance. 1. a. It encompasses materials, products and equipment that are intentionally used to manufacture, use, test or enhance the effects of narcotics. growing, or harvesting a drug or controlled substance. Viewing this Website or even contacting us does not create an attorney-client relationship. Bribery Any information sent to Iowa Interstate Drug Lawyers through email or contact form on the Site is not secure and is done so on a non-confidential basis. Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. As noted above, federal law does not outlaw possession, per se. Sample. It's illegal to have an item to grow, manufacturer, package, store, or hide a controlled substance. contact a Des Moines to make, sell, or possess drug paraphernalia. 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. 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. The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. This disclosure is required by the Supreme Court of Iowa. 124.209 Substances listed in schedule IV criteria. The purpose of this ordinance is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia as defined herein. SHELDONA 26-year-old Pierson man was arrested about 10:20 p.m. Sunday, Aug. 8, in Sheldon on charges of driving while barred and possession of drug paraphernalia. The law states that you. 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. Remember, the drug paraphernalia must be used for illegal substances. your best interests in the matter. possession of methamphetamine (third offense), in violation of section 124.401(5).

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