Iowa Drug Charges

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 possesstion. 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.

In Iowa, marijuana possession first offense is a serious misdemeanor.  Unlike many other serious misdemeanors, it’s punishable by 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.

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?

If you’re accused of possession of marijuana or drug trafficking, you need an Iowa drug crimes lawyer.

Learn more about what you could be facing if convicted:

Methamphetamine is an illegal stimulant.  It’s often concocted in large laboratories in Mexico or in smaller (and often very dangerous) domestic laboratories.

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.

Possession of a controlled substance (methamphetamine) is an Iowa drug charge.

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.

 

Alcohol is ubiquitous in our society.  It’s everywhere — from the corner gas station to the strip club to the grocery store to extracurricular activities.  (Lookin’ at you, law school.)  It’s so widely available and commonly consumed that people often overlook its harmful potential — and the likelhood of getting arrested for having too much at the wrong time and place.

Sometimes, just being under the influence of alcohol can be a crime.  If you feel like Iowa public intoxication rules are too fuzzy to put you on notice of when drinking will break the law, you’re not alone — and you should talk to an Iowa alcohol crimes lawyer to argue the issue for you.

Operating While Intoxicated is a very common charge in Iowa — possibly the most common charge in Iowa.  Iowa DUI charges come with a heavy price tag, including the need for SR-22 insurance filings and ignition interlock devices.

Other offenses, like Providing Alcohol to a Minor, Minor in Possession (MIP), and Boating While Intoxicated can also have a significant impact on your life.

Once considered a big city problem, heroin is sweeping through Iowa.

Many heroin users come by their addictions through prescription pain pills, like hydrocodone and Oxycodone, that were prescribed to them for pain management.  These substances are addictive, though. As people continue to use opiods, their tolerance and dependency increase. Their doctor may stop prescribing the painkillers, leading people to buy prescription medications from drug dealers or to switch from pain pills to other substances, like heroin.

If you’re dependent on prescription opiods or addicted to heroin, you may need help. Many of us have seen friends or family members overdose and die. The Iowa Department of Public Health may be able to connect you to behavioral counseling options, along with providers for medications including naltrexone, methadone, and buprenorphine.

If you have a heroin problem, you need help, not jail — but the State of Iowa is going to try to take your freedom and your bank account.  Jail time and fines follow from a heroin conviction.  Substance-dependent persons are likely to relapse, violate probation, and end up in even deeper trouble.

Look into treatment options to protect yourself, your loved ones, and your interests — and call an Iowa heroin possession lawyer right away.

Penalties for possession of prescription drugs without a valid prescription are more severe than you might think.

PCP (phencyclidine or “angel dust”) “may cause hallucinations, distorted perceptions of sounds, and violent behavior.“

“Lysergic acid diethylamide (LSD), also known as acid, is a hallucinogenic drug.” (Wikipedia)

The government estimates that 10% of people have tried LSD.  The CIA tried to use it for mind control.

It is not (or, at least, was not) illegal for the government to experiment on people with LSD, some of whom did not or could not consent, but it is very illegal for you to have LSD.

Admit to nothing.  Call an LSD possession lawyer in Ankeny, Iowa now.

The government is finally (reluctantly) considering the efficacy of psilocybin for treating various conditions (namely PTSD.)

In 2019, Denver, Colorado, voted to decriminalize mushrooms.

In 2019, Iowa Representative Jeff Shipley introduced a bill to legalize mushrooms for medical use.  (That bill went nowhere.  Write to your local legislator to push them for attention.)

While by any science, shrooms apear to safer than nearly any mind-altering substance that you can find — including alcohol, tobacco, and caffeine by miles — Iowa still wants to put you in jail and fine you thousands of dollars if they catch you with them.  Why?  Because our government feels entitled to micromanage your mind and body.

If you’re charged with possession of psilocybin, fight it.  Say nothing.  Call an Iowa criminal lawyer.

In January of 2007, I was a page at the Iowa House of Representatives when they voted to make salvia divinorum a Schedule I controlled substance.  I didn’t know what salvia was, exactly, or what “schedule I” was, but what struck me was that the people voting on this law didn’t seem to know either.

There was no science in the debate.  There was no discussion of the policy concerns involved.  Nobody seemed to care, really, what this substance was or why it was important to threaten people with jail for it.

One woman pointed out that salvia was in the mint family and was concerned about whether it might be one of her garden plants; mint plants tend to grow everywhere and take over everything.  “Don’t worry,” a man reassured her.  “It isn’t in your garden.”

That was it.  That was the discussion.  That was when I learned that the adults are not the adults; they’re just children arbitrarily passing rules that affect others’ lives.  They know nothing about what they’re doing, what they’re criminalizing, or how criminalization affects citizens’ lifes.  What do they know?  That this substance can “cause hallucinations.”

If you’ve been charged with possession of salvia because a bunch of clueless old people sat around and voted to put you in jail for something they didn’t know anything about, call an Iowa drug possession lawyer.

Possessing ecstasy (also called “molly” or “MDMA”) can result in Iowa drug charges.

Possessing amphetamines (including dextroamphetamines and brand-name or generic versions of Adderall) can lead to Iowa drug charges if you don’t have a valid prescription.

Drug DUI

Paraphernalia

A defendant accused of simple possession of illegal drugs will often also be accused of possession of drug paraphernalia.

It seems like many people are willing to plead to paraphernalia with no actual showing of guilt by the government.

In order to convict you of possession of drug paraphernalia under Iowa code 124.414, the government will have to prove beyond a reasonable doubt that you materials used or attempted to be used with a controlled substance.  It is significant that the statute does not prohibit possession of equipment or paraphernalia that were intended for use with a controlled substance.

If there’s no residue in that bong, how will they prove that it was used with pot?  If there is residue in that bong, have they proven that that residue is marijuana residue?  Will the lab analyst actually show up for a paraphernalia trial?

Even if they prove that the pipe has been used with a controlled substance, can they prove that you knowingly or intentionally possessed paraphernalia?  What if you had the pipe as an art piece?  What if you had it intending to use it – which isn’t illegal under the statute, remember? – but believing that it never had been used?

Penalties for paraphernalia aren’t exactly step, particularly when compared to penalties for drug possession charges.  It’s a simple misdemeanor.  Up to 30 days in jail and a fine of $65-$315, plus surcharges.  If you’re facing something like drug charges with intent to distribute, paraphernalia charges may seem negligible.  Compared with felony drug possession or even with marijuana charges, paraphernalia is a tiny offense.

If all you’re charged with is possession, though, there may be ways to get to reasonable doubt. If you’ve been arrested or served with a summons to appear by the county sheriff’s office, we can help.  An Iowa marijuana possession lawyer can explain the contours of Iowa’s marijuana laws to you.