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.
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.