Des Moines, Iowa Drug Charges
Iowa drug charges can be rough. The State treats both recreational drug use and drug addiction like criminal issues rather than social and health concerns. When they accuse you, you need an Iowa drug defense lawyer. A criminal defense attorney will help you understand criminal law.
If you've been accused, you need an Iowa criminal defense attorney for your controlled substance possession charges.
Accused of having illegal drugs? The Iowa Code is rife with drug possession charges and the local county sheriff's office is ready to enforce them. If you're facing arrest, have been arrested, or have already been charged, it's important to understand what you're facing. In Iowa, even simple possession and drug paraphernalia crimes could get you picked up by the police and put in the Polk county jail just north of Des Moines Iowa. A gram or two of weed might seem like no big deal, but someone at the county attorney's office is waiting to make sure you get at least the minimum sentence for marijuana possession.
Intent is an important part of drug defense. The State has to prove the intent element of the offense in order to convict you. If you didn't knowingly possess a controlled substance, you may have a defense.
Iowa marijuana defense is complicated. As of early 2022, the Iowa House of Representatives has introduced a bill that would expand Iowa's medical cannabidiol program. If the bill passes as written, it would make medical marijuana legal in Iowa. As it stands, Iowa's medical cannabis program is limited to cannabidiol. Cannabidiol is "marijuana" under Iowa law, but not all marijuana is necessarily cannabidiol.
There has been ongoing confusion and frustration at trial court level over the question of what products medical marijuana patients will be prosecuted for when they travel through Iowa. The Iowa Supreme Court may soon decide whether or not an out of state medical cannabis card constitutes a "prescription" under Iowa's law prohibiting marijuana possession. Under Iowa Code Section 124.401(5), it is not a crime to possess a controlled substance obtained from a valid prescription.
History of Cannabis Criminalization
Harry Anslinger and the Reefer Madness era gave rise to the criminalization of marijuana, " a psychoactive drug from the Cannabis plant used for medical or recreational purposes ." Later, in his quest to subdue the hippies and anti-war types, Richard Nixon pushed for heavier penalties.
Today, marijuana use is widespread, with numerous states legalizing the substance to reap tax benefits. Iowa, however, is still willing to lock you up for possession of marijuana. Marijuana is likely the most common of the Iowa drug charges.
Leaving Iowa aside for a minute, federal law still doesn't look kindly at marijuana possession. While you might expect that in 2020, we would have different financial priorities, federal agents are still getting paid to get people like you arrested for violating marijuana laws . MINE, the Mid-Iowa Narcotics Enforcement Task Force , is a federally funded undercover enforcement task force.
Marijuana Charge Information
In Iowa, marijuana possession first offense is a serious misdemeanor. Unlike many other serious misdemeanors , the penalty for this drug crime is up to 6 months in jail and a fine of up to $1000.
Later possession offenses are more serious, especially if you've ever been convicted of other possession of controlled substances crimes or if you've been convicted of a tax stamp violation.
Additionally, if you are trafficking drugs, you may be accused of violent crime. Possession of a firearm can make your situation much more serious. Often, clients need criminal defense lawyers to explain how these enhancements work.
Can the State prove that you knowingly possessed marijuana? What if you had such a small amount that it's reasonable to conclude that you didn't know it was there? What if they didn't test it? What if they did test it, but in used glassware that hadn't been autoclaved or in a facility that didn't have adequate cross-contamination protocols? Can they prove intent?
If you're accused of possession of marijuana or drug trafficking, you need an Iowa drug crimes lawyer.
First, Iowa methamphetamine defense can be a messy subject. Methamphetamine is an illegal stimulant. This illegal drug is often concocted in large laboratories in Mexico or in smaller (and often very dangerous) domestic laboratories.
Next, there are two types of possession: actual possession and constructive possession. Constructive possession of crystal meth is punished the same way as actual possession.
Your methamphetamine possession case could be further complicated if you're accused of manufacturing meth, having or making meth in a place where children live, or conspiring to deliver methamphetamine. Drug cases can result in prison or loss of child custody. Call an Iowa methamphetamine defense lawyer for a free consultation when you've been charged with a methamphetamine crime.
Possession of a controlled substance (methamphetamine) is an Iowa drug charge. Additionally, methamphetamine salts or an isomer could get you in trouble.
Cocaine is an illegal stimulant derived from the coca plant. Penalties for cocaine possession are different depending on whether you're accused of having crack cocaine or powder cocaine.
Cocaine is highly addictive, like fentanyl. Cocaine is a schedule II drug, so the prescription drug defense may rarely apply. Depending on the specifics, a mandatory minimum sentence may apply to some crimes involving drug manufacturing or drug distribution. Contact us for assistance with your Iowa cocaine defense.
Call (515) 200-2787 today for a free initial consultation.