Marijuana

YES, marijuana possession is still illegal in Iowa.  If you buy, sell or possess marijuana in Iowa you can face marijuana charges ranging from simple possession to felony drug trafficking.  Additionally, marijuana charges can result in the suspension of your driver’s license and land you in prison.  DO NOT TAKE Marijuana charges lightly.  You need a very good lawyer to represent you to ensure the best outcome on your case.

Marijuana charges in either federal or state court are serious.  Iowa law makes marijuana trafficking a class "D" felony.  In federal court you could face anywhere from 5 years to life in prison.  While the rest of the country might be deciding marijuana is not that bad, Iowa still takes marijuana charges very seriously. Felony marijuana charges at both the state and federal level carry anywhere from 5 year to life in prison.  You need a skilled drug defense attorney.  Nick Sarcone and Dean Stowers are skilled state and federal drug defense attorneys.  If you are facing marijuana charges we will fight for you!  Call now!  1-866-959-1190

For more information on federal drug crimes click here. For more on how we approach a case click here. CALL NOW! 1-866-959-1190

IOWA LAW UPDATE: In 2014 the Iowa Legislature passed a law making possession of a small amount of cannabidiol (cannabis oil with little or no THC) legal with a valid prescription from a neurologist for the treatment of seizures. Several years ago the Iowa Board of Pharmacy recommended legalizing marijuana for medicinal purposes but the legislature and the governor have resisted full scale medicinal legalization. In 2015, the Pharmacy Board recommended the reclassification of cannabidiol so that it could become legal to purchase through a pharmacy.

Here is a selection of Iowa statutes related to Marijuana crimes:

  • IOWA CODE SECTION 124.401 – MARIJUANA

1. Except as authorized by this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance, a counterfeit substance, or a simulated controlled substance, or to act with, enter into a common scheme or design with, or conspire with one or more other persons to manufacture, deliver, or possess with the intent to manufacture or deliver a controlled substance, a counterfeit substance, or a simulated controlled substance.

a. Violation of this subsection, with respect to the following controlled substances, counterfeit substances, or simulated controlled substances is a class "B" felony, and     notwithstanding section 902.9, subsection 1, paragraph "b", shall be punished by confinement for no more than fifty years and a fine of not more than one million          dollars:

  • More than one thousand kilograms of a mixture or substance containing a detectable amount of marijuana.

b. Violation of this subsection with respect to the following controlled substances, counterfeit substances, or simulated controlled substances is a class "B" felony, and in addition to the provisions of section 902.9, subsection 1, paragraph "b", shall be punished by a fine of not less than five thousand dollars nor more than one hundred thousand dollars:

  • More than one hundred kilograms but not more than one thousand kilograms of marijuana.

c. Violation of this subsection with respect to the following controlled substances, counterfeit substances, or simulated controlled substances is a class "C" felony, and in addition to the provisions of section 902.9, subsection 1, paragraph "d", shall be punished by a fine of not less than one thousand dollars nor more than fifty thousand dollars:

  • More than fifty kilograms but not more than one hundred kilograms of marijuana.

Additionally, there is no mandatory minimum sentence for marijuana tracking. Iowa Code Section 124.413.  Moreover, for possession with the intent to deliver smaller amounts of Marijuana, the legislature enacted Iowa Code Section 124.410:

  • IOWA CODE SECTION 124.410 – ACCOMODATION OFFENSE

In a prosecution for unlawful delivery or possession with intent to deliver marijuana, if the prosecution proves that the defendant violated the provisions of section 124.401, subsection 1, by proving that the defendant delivered or possessed with intent to deliver one-half ounce or less of marijuana which was not offered for sale, the defendant is guilty of an accommodation offense and rather than being sentenced as if convicted for a violation of section 124.401, subsection 1, paragraph "d", shall be sentenced as if convicted of a violation of section 124.401, subsection 5. An accommodation offense may be proved as an included offense under a charge of delivering or possessing with the intent to deliver marijuana in violation of section 124.401, subsection 1. This section does not apply to hashish, hashish oil, or other derivatives of marijuana as defined in section 124.101, subsection 19.