Drug Crimes FAQs

Get clarity on some common questions about drug crimes in Iowa.

What are the different types of drug crimes?

Drug crimes cover different offenses. Common charges include:

• Drug possession
• Possession with intent to sell
• Drug distribution and trafficking

Charges can also vary based on the type of drug, the quantity involved and the intent.

What are the penalties for drug crimes in Iowa?

Iowa has strict penalties for drug offenses, with sentences and fines varying based on the drug type, amount and nature of the offense:

• Simple misdemeanors: $105 to $855 in fines and 30 days in jail
• Serious misdemeanors: $430 to $2,560 in fines and up to one year in jail
• Aggravated misdemeanors: $855 to $8,540 in fines and up to two years in jail
• Class D felony: $1,025 to $10,245 in fines and up to five years in jail
• Class C felony: $1,370 to $13,660 in fines and up to ten years in jail

Subsequent charges can lead to enhanced penalties. Furthermore, certain drug crimes can lead to specific fines. For example, the possession of a controlled substance such as marijuana can lead to a hybrid serious misdemeanor, six months in jail and fines up to $1,000.

Drug crimes near schools and parks, or involving minors can lead to enhanced penalties, including 100 hours of community service and additional years and fines on top of the base sentence. Possession of drug paraphernalia, such as needles or pipes, can lead to a simple misdemeanor offense.

Can I be charged with a drug crime if I’m just a passenger in a car with drugs?

If drugs are found in a vehicle, law enforcement may choose to arrest everyone present, particularly if no one admits to ownership of the drugs.

So, unfortunately, even if you were not aware of the drugs, you might still face charges.

Can I get help for drug addiction if I’m facing drug charges?

Yes. In many cases, seeking voluntary treatment for drug addiction while your case is pending can be viewed favorably by the court and serve as a mitigating factor when it comes time for sentencing. In addition, specialized court programs (“Drug Court”) actually focus on rehabilitation and recovery rather than punishment. So, too, do diversion programs where charges may be reduced to dismissed upon your successful completion of a treatment plan. At Lombardi & Miler Law Firm PLLC, our attorneys will help you explore all of these options.

Can a minor be charged with a drug crime?

Yes, minors can be charged with drug-related crimes. However, the juvenile justice system emphasizes rehabilitation, so diversion programs (which offer the chance to avoid a criminal record through court-ordered treatment and other conditions) are common.

A lot depends on whether the minor is charged as a juvenile or an adult, and prosecutors can be aggressive about trying to charge minors (particularly older teens) under the adult criminal justice system. A skilled attorney can help advocate to keep a minor in juvenile court, where the options are broader and the outcomes of cases are usually much more positive.

Can I be charged with a drug crime if I’m only holding drugs for someone else?

Yes. In the eyes of the authorities, it does not matter if the drugs belonged to you or someone else – possession of illegal drugs is still a crime. In general, prosecutors can still gain a conviction for drug possession so long as they can prove that you were aware the drugs were there and you had control over them (meaning they were on your person, in your belongings or otherwise where you could freely access them).

Sometimes people do not realize that drugs have been slipped into their belongings by another person. If that is your situation, it is important to discuss your defense options with a lawyer right away.

What is the difference between possession and intent to distribute?

Possession charges typically involve having a controlled substance for personal use.

Intent to distribute, on the other hand, implies that the individual planned to sell or share the drugs.

Factors such as the quantity of drugs, presence of packaging materials or large amounts of cash can influence whether charges escalate from simple possession to intent to distribute. The latter often carries more severe penalties.

It is important to note that even if you did not intend to sell drugs, prosecutors may pursue distribution charges based on circumstantial evidence. An experienced defense attorney can help challenge these assumptions and work to ensure that charges accurately reflect the true nature of the situation.

How does drug classification affect my case?

Drug classification plays a significant role in determining potential penalties. Controlled substances are categorized into schedules based on their perceived danger and medical use.

Schedule I drugs, such as heroin, are considered the most dangerous and carry the harshest penalties. Lower scheduled drugs may result in less severe consequences. The specific substance involved in your case can significantly impact potential outcomes.

Can prescription medications lead to drug charges?

Yes, prescription medications can lead to drug charges if misused or obtained illegally. Possessing prescription drugs without a valid prescription, selling prescribed medications or using them in a manner inconsistent with the prescription can result in criminal charges. It is crucial to follow your doctor’s instructions and keep prescriptions in their original containers.

What are common defenses against drug charges?

Several defenses may apply in drug cases. These can include challenging the legality of the search and seizure, questioning the chain of custody for evidence, asserting a lack of knowledge about the presence of drugs or disputing the accuracy of field tests. In some cases, arguing for participation in drug treatment programs instead of incarceration may be a viable strategy.

Each case is unique, and the most appropriate defense strategy depends on the specific circumstances surrounding the charges.

Contact Our Attorneys

Facing drug-related charges in Des Moines? Our lawyers at Lombardi & Miler Law Firm PLLC are here to help.

Call 515-513-5324 or contact us online today to schedule a free consultation.