Drug Crimes There's No Case Too Complex

Des Moines Drug Crime Attorneys

Iowa Drug Laws

At Branstad & Olson, our defense attorneys have over 65 years of collective experience handling a wide range of drug cases in Iowa. Whether you face charges for possession, manufacturing, distribution, conspiracy or a prescription drug offense, you can count on us to provide effective legal representation.

Contact (515) 329-3100 today to schedule a free consultation with our Des Moines drug crime lawyers.

Possession of a Controlled Substance Iowa

Under Iowa Code § 124.401, it is illegal for any person to possess a controlled substance. The law also prohibits possession of counterfeit substances, simulated controlled substances, and imitation controlled substances. A first offense for possession of a controlled substance is charged as a serious misdemeanor and carries a punishment of up to 1 year in jail and a $315 to $1,850 fine. The maximum penalty for a first offense of possessing marijuana is 6 months in jail and a fine of up to $1,000. First-time offenders are often eligible for a deferred judgment or a suspended sentence with probation. Drug convictions may include a requirement to complete drug education, rehabilitation, or treatment.

Three Elements the Must Be Proven

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
  • The alleged offender had knowledge that it was a controlled substance

Iowa Drug Possession Penalties for Multiple Offenses

Those being charged for a second or subsequent drug possession offense face harsher penalties. The classification of and penalties for possession of marijuana are distinct from other controlled substances, as shown below.

Possession of marijuana penalties include:

  • Second offense: a serious misdemeanor, punishable by up to 1 year in jail and a fine between $315 and $1,850.
  • Third and subsequent offenses: an aggravated misdemeanor, punishable by up to 2 years in prison and a fine of $625 to $6,250.

Penalties for possession of a controlled substance other than marijuana include:

  • Second offense: an aggravated misdemeanor, carrying a penalty of a $625 to $6,250 fine and a maximum prison sentence of 2 years.
  • Third and subsequent offenses: a Class D felony, carrying a penalty of a $750 to $7,500 fine and a maximum prison sentence of 5 years.

Enhanced Penalties for Drug Crimes in Iowa

Penalties for drug possession are just the beginning of consequences of a drug convictions. Drug offenses involving manufacturing, delivering, or possessing with intent to deliver a controlled substance can result in much higher penalties. Maximum sentences for these types of drug crimes are as high as 99 years in prison and a fine of $1,000,000.

Delivering Strategic Defense for Drug Cases in Iowa

If you have been accused of or arrested for drug possession or any other type of drug crime, get in touch with our criminal defense lawyers to discuss your rights, legal options, and best steps to prepare to negotiate.

Don’t give in to your charges – fight with our Des Moines drug crime attorneys by your side. Call Branstad & Olson at (515) 329-3100 now.

Recent Case Victories

Never Settling for Less Than the Best Possible Result
  • Appeal - Administrative Reversed and Remanded
  • Murder 1st Degree Not Guilty– Jury Trial
  • Appeal - Criminal Conviction Reversed and Remanded
  • Possession of Marijuana Not Guilty– Jury Trial
  • Indecent Exposure Not Guilty– Jury Trial
  • Assault with Intent to Commit Sexual Abuse Not Guilty – Jury Trial
  • Suppression Leading to Dismissal Reversed and Remanded
  • Murder 1st Degree Not Guilty– Jury Trial
  • Robbery 1st Degree Not Guilty– Jury Trial
  • Vehicular Homicide Not Guilty - Trial

Better With Branstad & Olson

The Defense Team You Need
  • Over 65 Years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Outside-the-Box Strategies to Secure the Best Result
  • A Genuine Care for Our Clients' Best Interests
  • Highly Responsive & Accessible
  • A Never-Give-Up Approach

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