Do I Need a Des Moines Drug Crime Lawyer?

Those facing drug charges have a lot at stake. You cannot risk fighting these charges on your own. Our skilled Des Moines criminal defense attorneys have successfully handled countless drug charges on behalf of our clients in the past, and we are ready to fight for you as well.

Penalties for Marijuana Possession in Iowa

Though much of the country has legalized marijuana possession for recreational use, this is not yet the case in Iowa. The penalties for marijuana possession in Iowa are as follows:

First Offense (Any amount): A misdemeanor, warranting up to six months of incarceration and a potential $1,000 fine.
Second Offense (Any amount, and only if the prior offense was solely for possession of marijuana): A serious misdemeanor, warranting up to one year of incarceration and a $430 to $2,560 fine.
Third Offense (Any amount, and only if the prior offenses were solely for possession of marijuana): An aggravated misdemeanor, warranting up to two years of incarceration and an $855 to $8,540 fine.

Penalties for Marijuana Possession With Intent to Deliver

Though the penalties for marijuana possession are harsh, penalties for the cultivation or distribution of marijuana are even more severe. They are as follows:

50 kg or less of marijuana: A Class D felony, warranting up to five years of incarceration and a $750 to $7,500 fine.
Between 50-100 kg of marijuana: A Class C felony, warranting up to 10 years of incarceration and a potential $50,000 fine.
Between 100-1,000 kg of marijuana: A Class B felony, warranting up to 25 years of incarceration and a potential $100,000 fine.
More than 1,000 kg of marijuana: A Class B felony, warranting up to 50 years of incarceration and a fine of up to $1,000,000.

Penalties for the Possession of a Controlled Substance

If you are caught in possession of Crack, Cocaine, PCP, Heroin, or Methamphetamine, you will face the following consequences, depending on the physical amount of the drug you were caught with:

First Offense: Serious misdemeanor, which warrants a potential $430 -$2,560 fine and potential jail time.
Second Offense: Aggravated misdemeanor, which warrants a potential $855-$8,540 fine and potential jail time.
Third Offense: A Class D felony, which warrants a potential $1,025-$10,245 fine and potential jail time.

Mandatory Minimums and Enhancements

Every controlled substance possession conviction in Iowa carries a 48-hour mandatory minimum. Possessing a firearm during a drug offense doubles the sentence, and none of it may be deferred or suspended. Distributing within 1,000 feet of a school or public park can add five years.

Penalties for the Possession of a Controlled Substance With Intent to Deliver

If you are caught with the intent to sell a controlled substance, you will most likely face even harsher penalties. Generally, the greater the amount of the drug you are caught with--and the type of drug you were caught with--the harsher the penalties you will face. Potential penalties for the intent to deliver a controlled substance in Iowa are as follows:

A Class D felony, warranting up to 5 years of incarceration and a potential $7,500 fine.
- 50kg or less of marijuana
- Flunitrazepam
A Class C felony, warranting up to 10 years of incarceration and a potential $50,000 fine.
- 5g or less of heroin
- 100g or less of cocaine
- 40g or less of cocaine base
- 10g or less of PCP
- 5g or less of methamphetamine or amphetamine
- 5g or less of fentanyl
- Any other Schedule I,II, or III substance
A Class B felony, warranting up to 25 years of incarceration and a potential $100,000 fine.
- 5-100g of heroin
- 100-500g of cocaine
- 40-200g of cocaine base
- 10-100g of PCP
- 5g-5kg of methamphetamine or amphetamine
- 5-50g of fentanyl
A Class B felony, warranting up to 50 years of incarceration and a fine of up to $1,000,000.
- More than 100g of heroin
- More than 500g of cocaine
- More than 200g of cocaine base
- More than 100g of PCP
- More than 5kg of methamphetamine or amphetamine
- More than 50g of fentanyl

Contact a Des Moines Drug Crime Lawyer

The bottom line is that drug charges can have very serious impacts on a person; however, there are a variety of potential defenses available to you, and our firm is ready to analyze your situation and determine the best path going forward. Contact Herting Law, PLLC today to schedule your initial consultation with our firm.