Drug Crime Lawyers Des Moines, IA

Iowa Drug Laws

Because drugs pose risks to the health and safety of individuals and the community as a whole, various laws exist prohibiting practically any conduct involving them. For instance, making, delivering, possessing, or even having instruments to use controlled substances can result in criminal charges. In Iowa, the level of charge levied for a drug crime depends on the specifics of the circumstances, but a conviction for any offense can result in severe penalties, including fines and incarceration – in some cases, a judge may impose a minimum term of imprisonment. If you have been charged with a drug offense, reach out to the Des Moines drug crime attorneys at Branstad & Olson to discuss your case.

Our Des Moines drug crime lawyers have over 65 years of combined experience. We apply a strategic and aggressive approach in every case we handle, and we have obtained favorable results for past clients. We know what it takes to win, and we will invest the necessary time and resources to build a compelling defense on your behalf.

Schedule a free consultation with our drug crime attorneys in Des Moines, IA by calling us at (515) 329-3100 or contacting us online today.

Fighting Drug Manufacture and Delivery Charges in IA

Under Iowa Code 124.401(1), it is unlawful for any person to knowingly manufacture or deliver drugs. It's also illegal to possess such substances with the intent to manufacture or deliver them. The law applies to controlled substances, counterfeit substances, simulated controlled substances, and imitation controlled substances.

Iowa Penalties for Manufacturing or Delivering Drugs

The punishments a court may impose upon a person convicted of making or providing controlled substances depend on several factors, including the type and amount of drugs involved.

A few of the charges and penalties that may be levied for drug manufacture or delivery are as follows:

Crimes involving:

• More than 1 kilogram of a mixture containing heroin;
• More than 500 kilograms of a mixture containing coca leaves, cocaine, or ecgonine;
• More than 200 grams of a mixture with a cocaine base;
• More than 100 grams of PCP or 1 kilogram or more of a mixture containing PCP;
• More than 10 grams of a mixture containing LSD;
• More than 1,000 kilograms of a mixture containing marijuana; or
• More than 5 kilograms of a mixture containing methamphetamine or amphetamine

Class "B" felony punishable by:

• Up to $1,000,000 in fines and
• Up to 50 years in prison

Crimes involving:

• More than 100 grams but not more than 1 gram of a mixture containing heroin;
• More than 100 grams but not more than 500 grams of a mixture containing coca leaves, cocaine, or ecgonine;
• More than 40 grams but not more than 200 grams of a mixture with a cocaine base;
• More than 10 grams but not more than 100 grams of PCP or more than 100 grams but not more than 1 kilogram of a mixture containing PCP;
• Not more than 10 grams of a mixture containing LSD;
• More than 100 grams but not more than 1,000 kilograms of marijuana; or
• More than 5 grams but not more than 5 kilograms of methamphetamine or amphetamine

Class "B" felony punishable by:

• Up to $5,000 in fines and
• Up to 25 years in prison

Crimes involving:

• 100 grams or less of a mixture containing heroin;
• 100 grams or less of coca leaves, cocaine, or ecgonine;
• 40 grams or less of a mixture with a cocaine base;
• 10 grams or less of PCP or 100 grams or less of a mixture containing PCP;
• More than 50 kilograms but not more than 100 kilograms of marijuana; or
• 5 grams or less of methamphetamine or amphetamine

Class "C" felony punishable by:

• Up to $50,000 in fines and
• Up to 10 years in prison

Aggravated misdemeanor punishable by:

• Up to 2 years in jail and/or
• Up to $8,540 in fines

If the manufacturing offense involves methamphetamine and it takes place in the presence of a person under 18 years of age, a judge can add an additional 5 years' imprisonment to their sentence.

Defense for Possession of a Controlled Substance Iowa

Iowa Code 124.401(5) provides that possessing a drug or drugs is illegal.

To obtain a conviction against the defendant, the prosecution must prove the following three elements:

• The individual had dominion or control of the substance;
• The person knew of the substance’s presence; and
• The alleged offender knew that it was a controlled substance

Iowa Drug Possession Laws & Penalties

If a person is found guilty of possessing a controlled substance, the penalties they could face depend on the drug involved and their criminal history.

The potential conviction penalties for possession of a substance other than marijuana include:

• First offense (serious misdemeanor):
  • Up to $2,560 in fines and/or
  • Up to 1 year in jail
• Second offense (aggravated misdemeanor):
  • Up to $8,540 in fines and/or
  • Up to 2 years in prison
• Third or subsequent offense (class "D" felony):
  • Up to $10,245 in fines and/or
  • Up to 5 years in prison

The potential conviction penalties for possession of marijuana are as follows:

• First offense:
  • Up to $1,000 in fines and/or
  • Up to 6 months in jail
• Second offense (serious misdemeanor):
  • Up to $2,560 in fines and/or
  • Up to 1 year in jail
• Third or subsequent offense (aggravated misdemeanor):
  • Up to $8,540 and/or
  • Up to 2 years in prison

Challenging Controlled Substance Distribution Charges

According to Iowa Code 124.403, any person who unlawfully distributes a Schedule I or II drug, uses a fictitious registration number to manufacture or distribute drugs, or distributes instruments used to make or mark substances, among other offenses, may be charged with a serious misdemeanor.

The penalties include:

• Up to $2,560 in fines and/or
• Up to 1 year in jail

Fighting Allegations of Prescription Drug Crimes

Some controlled substances may be lawfully obtained with a prescription from a doctor. But if someone has or receives such without a prescription, they may be charged with an offense.

Under Iowa law, a couple of prescription drug offenses include:

• Possession of prescription drugs: This is a serious misdemeanor punishable by up to $2,560 in fines and/or up to 1 year in jail.
• Prescription drug fraud: A person commits this offense when they use deception to obtain a prescription drug. The charges range from serious misdemeanors to class "C" felonies.

Penalties for Possession of Drug Paraphernalia Iowa

Under Iowa Code 124.414, drug paraphernalia includes any instrument used to make, use, analyze, or enhance the effects of a drug. Making, selling, possessing, or using such objects is a simple misdemeanor.

Upon a conviction, the defendant may face the following penalties:

• Up to $850 in fines and/or
• Up to 30 days in jail

Challenging Conspiracy to Commit Drug Crime Charges

In many drug crime cases, including the manufacture and delivery of controlled substances, just as it is illegal to actually carry out the prohibited conduct, it's also unlawful to conspire to do such. Conspire means to agree to engage in a criminal act with one or more other people. To be charged with conspiracy, at least one member of the group must have done something to further the crime.

Generally, the penalties for a conspiracy offense are the same as those had the crime been completed.

Delivering Strategic Defense for Drug Cases in Iowa

If you’ve been accused of or arrested for possession, manufacture, or delivery of controlled substance, or any other drug offense, get in touch with Branstad & Olson. Our Des Moines drug crime lawyers will help you understand your rights and legal options and will discuss our approach to such cases.

Fight your charges with our Des Moines drug crimes attorneys by your side. Call us at (515) 329-3100 or contact us online today.