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Iowa Marijuana Law, Regulation, Penalties, Attornies & Congressman

Iowa Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Any amount (first offense) Misdemeanor 6 months $ 1,000
Any amount (second offense) Misdemeanor 1 year $ 1,875
Any amount (third offense) Misdemeanor 2 years $ 6,250
Offenders who are chronic abusers of marijuana may be sent to rehab.

Cultivation or Distribution

50 kg or less Felony 5 years $ 7,500
More than 50 – 100 kg Felony 10 years $ 50,000
More than 100 – 1000 kg Felony 25 years $ 100,000
More than 1000 kg Felony 50 years $ 1,000,000
Involving a minor Felony 5* – 25 years $ 100,000
To a minor within 1000 feet of a park, elementary or middle school, or school bus Felony 10 years* $ 100,000
* Mandatory minimum sentence
Distribution includes possession with intent to distribute

Hash & Concentrates

Penalties for hashish are the same as for marijuana except in one circumstance. Please see the marijuana penalties section for further details.

Paraphernalia

Possession, distribution, or manufacture of paraphernalia Misdemeanor 6 months $ 1,000

Miscellaneous

Sponsoring, promoting, or assisting in a gathering where marijuana will be used, distributed, or possessed Misdemeanor 1 year $ 1,875
Possession with intent to sell large amounts can lead to an automatic driver’s license suspension.

Penalty Details

Marijuana is a schedule I hallucinogenic substance under the Iowa Controlled Substances Act.

See

  • Iowa Code § 124.204(4)(m) 

Possession for Personal Use

For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months of imprisonment. Second offenders are subject to a fine of $315-$1875 and/or up to 1 year of imprisonment. Third offenses are considered aggravated misdemeanors and are punishable by a fine of $625-$6250 and/or up to 2 years of imprisonment.

See

  • Iowa Code § 124.401(c)(5)
  • Iowa Code § 903.1 
  • Iowa Code § 124.409 

Offenders who are chronic abusers of marijuana may be sent to rehab. If this program is successfully completed the court may place the defendant on probation.

See

  • Iowa Code § 124.409 

Possession of marijuana within 1,000 feet of an elementary school, secondary school, public park, or school bus is punishable by the penalty for possession and 100 hours of community service.

See

  • Iowa Code § 124.401B 

Cultivation or Distribution

Distribution of marijuana includes possessing marijuana with the intent to distribute it.

Delivery or possession with intent to deliver one half ounce or less of plant-form marijuana without remuneration is equivalent to simple possession in Iowa, with penalties for a first offense being a misdemeanor with incarceration of no more than 6 months, and a fine of no more than $1000 dollars. Subsequent convictions for delivery without remuneration will be punished more severely, just as subsequent simple possession convictions would be.

See

  • Iowa Code § 124.410

Distribution or cultivation of 50 kilograms of marijuana or less is a class D felony punishable by a fine of $750-$7,500 and up to 5 years of imprisonment. Distribution or cultivation of more than 50-100 kilograms of marijuana is a class C felony and is punishable by a fine of $1,000-$50,000 and up to 10 years of imprisonment. Distribution or cultivation of more than 100-1,000 kilograms of marijuana is a class B felony and is punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment. Distribution or cultivation of more than 1,000 kilograms of marijuana is a class B felony and is punishable by a fine of not more than $1,000,000 and up to 50 years of imprisonment.

See

  • Iowa Code § 124.401 

If a person over the age of 18 solicits a person under the age of 18 to assist in the distribution or cultivation of marijuana this act is punishable as a class C felony by a fine of $1,000-$50,000 and up to 10 years of imprisonment.

If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a Class B felony punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of 5 years will apply. If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply.

See

  • Iowa Code § 124.406 

Hash & Concentrates

Iowa classifies Marijuana and Tetrahydrocannabinols separately as hallucinogenic substances in Schedule 1 of the Iowa Controlled Substances Schedule. For the purposes of criminal justice, plant Marijuana and all Tetrahydrocannabinol derivatives thereof, including hashish and marijuana concentrates, are defined as Marijuana and punished equally in all but one circumstance. The only circumstance where plant-form Marijuana is treated differently is for a charge of delivery or possession with intent to deliver one half ounce or less without remuneration. In that circumstance, plant-form marijuana is punished equivalent to the penalties for simple possession, whereas delivery, or possession with intent to deliver an equivalent amount of hashish, hash oil, or other derivatives are punished in accordance with the regular penalties for distribution.

See

  • Iowa Code § 124.101 
  • Iowa Code § 124.204
  • Iowa Code § 124.401 
  • Iowa Code § 124.410 

Paraphernalia

Possession, distribution, or manufacture of marijuana paraphernalia is simple misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months imprisonment. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality.

See

  • Iowa Code § 124.414

Miscellaneous

Sponsoring, promoting, or assisting in the sponsorship or promotion of a gathering with the knowledge that marijuana will be used, distributed, or possessed at that event is a serious misdemeanor punishable by a fine of $315-$1875 and/or up to 1 year of imprisonment.

See

  • Iowa Code § 124.407

Possession with intent to sell large amounts of pot (100-1000kg) can lead to an automatic driver’s license suspension.

See

  • Iowa Code § 124.401(1)(6) 
CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

Iowa Drugged Driving

In Iowa, a person is guilty of a DUI if he or she operates a motor vehicle while under the influence of an alcoholic beverage or other drug or a combination of such substances, or while detectable amounts of a controlled substance is present in the person, as measured in the person’s blood or urine. Iowa Code Ann. § 321J.2 (1)(a),(c)(West 2010) (effective December 1, 2010). However, the statute further states: “The department of public safety shall adopt nationally accepted standards for determining detectable levels of controlled substances in the division of criminal investigation’s initial laboratory screening test for controlled substances.” Presently, such standards only exist for the carboxy THC metabolite urine, not for THC in blood. As a result, in practice, the law typically only criminalizes drivers who possess levels of carboxy THC metabolites in urine above 50 ng/ml.

NOTE: Actual impairment is not an element of this offense. Cannabis metabolites can be detected in a person’s body for weeks after cannabis ingestion, thus it is possible to be convicted of this type of DUI weeks after a person last ingested cannabis.

Implied Consent

  • A person who operates a motor vehicle in this state under circumstances which give reasonable grounds to believe that the person has been operating a motor vehicle while under the influence is deemed to have given consent to the withdrawal of specimens of the person’s blood, breath, or urine and to a chemical test or tests of the specimens for the purpose of determining the alcohol concentration or presence of a controlled substance or other drugs. Id. § 321J.6 (1).
  • Arrested persons may assert the right to consult counsel before deciding whether take test for impairment. Fuller v State Dept. of Transp., 275 NW2d 410 (1979).
  • If the peace officer has reasonable grounds to believe that the person was under the influence of a controlled substance, a drug other than alcohol, or a combination of alcohol and another drug, a blood or urine test shall be required even after another type of test has been administered.Iowa Code Ann. § 321J.6(3) (West 2010).
  • Upon first withdraw of consent defendant shall be ineligible for a temporary restricted license for a minimum period of ninety days. Id. § 321J.2(3)(d). Upon the second refusal the defendant’s license shall be revoked for a period of two years. Id. § 321J.2(4)(c).
  • A refusal to submit to a chemical test of blood is not deemed a refusal to submit, but in that case, the peace officer shall then determine which one of the other two substances shall be tested and shall offer the test. If the peace officer fails to offer a test within two hours after the preliminary screening test is administered or refused or the arrest is made, whichever occurs first, a test is not required, and there shall be no license revocation. Id. § 321J.6 (2).

Penalties

  • First offense serious misdemeanor – minimum period of imprisonment of forty-eight hours, but not to exceed one year (sentence may accommodate the defendant’s work schedule); fine of up to one thousand two hundred fifty ($1,250) dollars; for a minimum period of one hundred eighty days up to a maximum revocation of one year. Id. § 321J.2(2)(a); Id. § 321J.2 (3). NOTE: deferred judgment not available if defendant refuses to submit sample for chemical testing Id. § 321J.2 (3)(b)(2)(d).
  • Second offense aggravated misdemeanor – minimum period of imprisonment of seven days but not to exceed two years; minimum fine of one thousand eight hundred fifty ($1,850) dollars and a maximum fine of six thousand two hundred fifty ($6,250) dollars (surcharges and fees shall be assessed)revocation of the defendant’s driver’s license for a period of one year (if a revocation occurs due to test refusal, the defendant’s license shall be revoked for a period of two years); offender will be assigned to substance abuse evaluation and treatment. Id. § 321J.2(2)(b); Id. § 321J.2(4).
  • Third and subsequent offense class “D” felony – term of imprisonment not to exceed five years, with a mandatory minimum term of thirty days; minimum fine of three thousand one hundred twenty-five ($3,175) dollars and a maximum fine of nine thousand three hundred seventy-five ($9,375) dollars (surcharges and fees shall be assessed); license revocation for a period of six years; offender will be assigned to substance abuse evaluation and treatment. Id. § 321J.2(2)(c); Id. § 321J.2(5).

Sobriety Checkpoints

In Iowa, sobriety checkpoints are not permitted because statute authorizing roadblocks controls and does not authorize sobriety checkpoints. Id. § 321K.1.

  • Although court interpretation of statute does not allow sobriety checkpoint, DUI arrests may be made at roadblocks authorized by statute. State v. Day, 528 N.W.2d 100 (Iowa 1995).
  • Turning to avoid a checkpoint does not justify stop. State v. Heminover, WL 564049 (2000).

Per Se Drugged Driving Laws

Iowa has a zero tolerance per se drugged driving law enacted for cannabis and other controlled substances. Cannabis metabolites are excluded under the law. (Code of Iowa, Section 321J.2)

Iowa’s law calls for mandatory imprisonment of 48 hours and not more than 12 months upon conviction for a first offense.

Iowa Tax Stamps

Stamp
State Code §435B
Tax Rate $3.50/gram if owner possesses 42.5 grams or more
$750/plant
Penalty for Nonpayment (Civil and Criminal ) 200% of Tax and interest and Class D Felony
Additional Information

Iowa Verified Marijuana / Cannabis Attorney / Lawyers

Daniel E O’Brien

319-364-1530

Daniel E O'Brien

Daniel O’Brien Attorney At Law
1231 Park Place NE Suite D

Cedar RapidsIA 52402

lawyerobrien.com

Phone: 319-364-1530

Brian S. Rhoten

712-256-7575

Brian S Rhoten

Brian Rhoten, Attorney at Law PLC
229 S Main Street

Council BluffsIA 51503

www.brianrhotenlaw.com

Phone: 712-256-7575

J. Keith Rigg

515-284-7931

John Keith Rigg

J. Keith Rigg, Attorney at Law
317 Sixth Ave Suite 1300

Des MoinesIA 50309

www.keithrigg.com

Phone: 515-284-7931

Daniel Rothman

515-664-1614

Daniel Rothman

McEnroe, Gotsdiner, Brewer, Steinbach & Rothman PC
1701 48th St Suite 100

West Des MoinesIA 50266

www.criminallawdesmoines.com

Phone: 515-664-1614

Aaron D Hamrock

515-279-9700

Aaron D Hamrock

McCarthy & Hamrock, P.C.
1200 Valley W Dr #400

West Des MoinesIA 50266

www.mccarthyhamrock.com

Phone: 515-279-9700

Sean Spellman

515-222-4330

Sean Spellman

Spellman Law, P.C.
4000 Westown Parkway Suite 120

West Des MoinesIA 50266

www.spellmanlawpc.com

Phone: 515-222-4330

Timothy Francis McCarthy II

515-279-9700

Timothy Francis McCarthy

McCarthy & Hamrock, P.C.
1200 Valley W Dr #400

West Des MoinesIA 50266

www.mccarthyhamrock.com

Phone: 515-279-9700

Dean A Stowers

515-224-7446

Dean A Stowers

Stowers & Sarcone PLC
650 S. Prairie View Drive, Suite 130

West Des MoinesIA50266

www.stowerssarcone.com

Phone: 515-224-7446
 
 

Iowa Congressman

Senators

Joni Ernst (R)

IOWA

 

Grade: D

Votes

 

Comments

While the Senator says she has supported the use of cannabis oil in the past, she says she is against the opening of those dispensaries, and the general use of medical marijuana. “What I would like to see happen first is to see concrete medical evidence that this can be appropriately controlled and utilized in a very very controlled manner,” says Ernst. “I would like to see additional research done on medical marijuana before we throw it at Iowans.”

 

Chuck Grassley (R)

IOWA

 

Grade: D-

Votes

 

Cosponsor

S. 3269 Cannabidiol Research Expansion Act

Comments

“I oppose moving marijuana from a Schedule I to a Schedule II drug, based on the current science on the risks and benefits,” Grassley wrote in a statement released by his staff. “Recent studies suggest marijuana use by young people can cause long-term and possibly permanent damage to brain development.” However, he said, “for children suffering from severe epileptic seizures, the anecdotal evidence says components of the marijuana plant might help. I want to help those children. The key is aggressive medical research.” “Marijuana is a dangerous and addictive drug,” said Grassley, who turns 80 next week. “It’s illegal under international law as well, and the treaty requires us to restrict its use to scientific and medical uses. These [legalization] laws flatly contradict our federal law. Some experts fear a Big Marijuana, a Starbucks of marijuana,” he lamented.

 
 

House of Representatives

 

Rod Blum (R) IOWA

 

Grade: B

Votes

 

Cosponsor

H.R. 1635: Charlotte’s Web Medical Access Act of 2015

 

David Loebsack (D)

IOWA

 

Grade: B

Votes

Cosponsor

H.R. 1635: Charlotte’s Web Medical Access Act of 2015
H.R. 1538: CARERS Act of 2015

 

David Young (R)

IOWA

 

Grade: C

Votes

 

Cosponsor

H.R. 1538: CARERS Act of 2015
H.R. 525: Industrial Hemp Farming Act of 2015

Comments

“Young said the legalization of medical marijuana in Iowa — a topic that has reached bipartisan support in the state — the decision comes down to access to the “safest and most effective” medical treatments. “If that is medical marijuana, than so be it,” he said on Sept. 11. Monday, however, Young maintained he does not favor state legalization. When asked if a quasi-interstate commerce system where users could transfer pot from some states such as Colorado back to Iowa, both he and Appel said accessibility of the drug should be had.” 10/5/2014 (Link)

 

Steve King (R)

IOWA

 

Grade: F

Votes

 

Comments

“For everyone who’s a valedictorian, there’s another 100 out there that–they weigh 130 pounds and they’ve got calves the size of cantaloupes because they’re hauling 75 pounds of marijuana across the desert,” 7/20/2013 (Link)