Possession of Marijuana, Second Offense.
The second time you’re convicted with possessing a controlled substance (marijuana) in Iowa will be an aggravated misdemeanor or a class “D” felony.
The difference here will be in how many priors for possession, tax stamp, and precursor offenses you have, and whether all of your priors were for possession of marijuana or not.
I made a flowchart to help:
If this is your second time being charged with possession of a controlled substance in Iowa, was your first possession offense for marijuana? If so, and if you’ve never been convicted of a violation of precursor laws (Chapter 124B) or a tax stamp rule (Chapter 453B,) your charge is probably an aggravated misdemeanor.
You will be fined between $315 and $1875 and may be imprisoned for up to a year.
If you have been convicted of one possession offense before that was not a marijuana charge, your second offense marijuana charge is still an aggravated misdemeanor, but you’re now facing a fine of $625 – $6250 and up to two years imprisonment.
If this is only your second possession charge but you’ve also had a tax stamp or precursor conviction in the past, your second offense marijuana possession is a Class “D” felony — even if this is the first time you’re being charged with possession of marijuana.
Conviction of possession of marijuana, second offense, like all Chapter 124 offenses, requires you to pay a “law enforcement initiative surcharge” of another $125 if you’re found guilty or accept a deferred judgment.
It’s possible that you will be eligible for a deferred judgment if convicted.
Iowa’s Medical Cannabidiol Act – Chapter 124E
Permanent Iowa residents who are at least 18 years old can now apply for medical marijuana in Iowa. Health care practitioners sign written certifications that patients are suffering from a debilitating medical condition. The patients submit those certifications to the department of health and pay a fee of $100. (The fee is only $25 for people who are on social security disability, supplemental security insurance, or medical assistance.)
What is Cannabidiol?
For purposes of Iowa law, medical cannabidiol is any pharmaceudical grade cannabinoid — usually THC or CBD — found in either indica or sativa cannabis plants. Additionally, medical cannabidiol includes preparations of the cannabis plant with no more than 3% THC.
If you’re driving through Iowa with your valid medical marijuana card from your home state, it is entirely possible that you will find yourself arrested and your medication seized.
Under Iowa law, though, that shouldn’t happen. Iowa Code 124E.18 has a reciprocity provision. Out-of-state patients with marijuana registration cards will have their marijuana cards recognized. Out of state marijuana cards don’t allow you to buy medical marijuana from Iowa cannabidiol dispensaries, though.
Any state or federal felony that involved possessing, using, or distributing a controlled substance will disqualify you from getting an Iowa medical marijuana card.
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.
This blog post is for informational purposes only and should not be relied on as legal advice. Consult with a licensed attorney in your jurisdiction. Reading this site doesn’t create an attorney-client relationship.
If you want to talk to me about representing you on your second offense marijuana possession charge in Iowa, contact us at (515) 491 6128 and we’ll set up a time to talk.