If you’ve been charged with third offense marijuana possession, you’re probably familiar with (and likely a little tired of) the next steps in the criminal process.
The third time you’re convicted of possessing marijuana in Iowa (and every time after that,) the charge will be an aggravated misdemeanor — as long as you don’t have other convictions for possession of other controlled substances, tax stamp violations, or precursor violations.
If you have prior convictions but not prior possession of marijuana convictions, figuring out exactly what you’re facing might be a little daunting. I made a flowchart to simplify things:
For a charge of possession of marijuana, third (or subsequent) offense, if it is charged as an aggravated misdemeanor, you’re facing a fine $625 – $6250 and up to two years imprisonment.
As with all criminal fines, a 35% surcharge applies. Additionally, Iowa Code 911.3 demands a “law enforcement initiative surcharge” of another $125 if you’re found guilty or accept a deferred judgment.
If you are convicted of marijuana possession, the Court will sentence you to at least 48 hours in jail. If the sentence is suspended, the court will put you on probation. If you’re placed on probation for possession of a controlled substance, you will have to submit to random drug testing.
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 third offense marijuana possession charge in Iowa, contact us at (515) 491 6128 and we’ll set up a time to talk.