Des Moines Drug Possession Lawyers

Even though Iowa ranks 47th in the nation for overall illegal drug use, the official laws on the books for Iowa still consider the possession of a controlled substance a punishable crime.

Any person with the slightest number of illegal substances in their possession can be arrested and charged. Based on the amount and type of drug found, the potential penalties for this offense can range from misdemeanors to felonies.

Iowa ranks as one of the top 20 states with the harshest penalties for drug possession, based on jail time and fines collected for punishment.

Lombardi & Miler Law Firm is known by both peers and clients for aggressive representation and defending your rights in court against illegal drug possession charges. We work hard on your behalf to build a solid defense strategy for drug charges related to possession, distribution, manufacturing, and more.

How Does Iowa Law Handle Drug Possession? 

Under Iowa law, possession of a controlled substance is a violation of Iowa Code Section 124.401(5). 

To be convicted of possession, the state must prove that the defendant: 

1. had dominion or control of the substance; 
2. had knowledge of its presence; and 
3. knew that it was a controlled substance.

The state can prove possession by proving that you actually possessed it (such as having it on your person) or that you constructively possessed it (such as having it in your glove box). Possession can be sole or joint. 

What are the Penalties for Drug Possession in Iowa?

The penalties for possession of controlled substances in Iowa (except marijuana) include:

• First offense: A conviction for possession of a controlled substance first offense is a serious misdemeanor. The punishment includes up to one year in the county jail and a fine between $430 (+$64.50 surcharge) and $2,560 (+$384 surcharge).
• Second offense: If it is a second offense, it is considered an aggravated misdemeanor. The penalties include up to two years imprisonment and a fine between $855 (+$128.25 surcharge) and $8,540 (+$1,281 surcharge).
• Third offense: For a third offense, it is classified as a Class D Felony. The consequences involve up to five years imprisonment and a fine between $1,025 (+$153.75 surcharge) and $10,245 (+$1,536.75 surcharge).

While the legislature has carved out an exception for the possession of marijuana, the penalties for repeat offenses remain severe.

• First offense: Possession of marijuana as a first offense is considered a hybrid serious misdemeanor. It carries a punishment of up to six months in the county jail and/or a fine of up to $1,000 (+$150 surcharge).
• Second offense: If it is a second offense, possession of marijuana is classified as a serious misdemeanor. The penalties include up to one year in the county jail and a fine between $430 (+$64.50 surcharge) and $2,560 (+$384 surcharge).
• Third offense: A third offense for possession of marijuana is an aggravated misdemeanor. It carries a penalty of up to two years imprisonment and a fine between $855 (+$128.25 surcharge) and $8,540 (+$1,281 surcharge).

Denying Allegations of Drug Possession

If you have been accused of drug possession, it may seem like you are backed into a corner and that you’re dealing with an open and shut case. Through a search, the police find the drug on a person’s body or in their car, and all the right elements may be met for a conviction. However, any time the police perform a search of a person’s body or their property, the search must align with that person’s constitutional rights.

You have rights that prevent the police from searching you without probable cause to believe that a crime has taken place. These rights extend to your property and home. This is the reason why the police cannot stop a person on the street purely on instinct and search their pockets.

When it comes to the issuance and execution of warrants, they should only be issued if there is probable cause that a crime was committed and that the evidence of that crime is likely to be found in the location of the warrant.