Penalties for most of Iowa drug laws are covered in Iowa Code Section 124.401. The Iowa Code can be located at the Iowa State Legislature website http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=IowaCode or http://www.legis.state.ia.us/IowaLaw.html .I've included a sentencing grid on my website at www.robertpetersonlaw.com (look under criminal defense section on the left side).
In addition, paraphernalia can be a state violation or a city violation depending upon how the ticket is written. Often the drug charge is a state charge and paraphernalia is a city charge, so the penalty for city charges must be researched through city ordinances.
Drug offenses are enhanced depending upon the amount of the substance, whether the possession was for delivery, manufacturing, or counterfeit substances, prior convictions, and whether the marijuana involves flunitrazepam.
The penalty for a small amount of marijuana 1st offense is listed in Iowa Code section 124.401(5). Possession of a small amount not for delivery or manufacture and not enhanced is a serious misdemeanor. The maximum punishment is 6 months in jail and the minimum is 48 hours in jail (unless suspended or deferred). The fine varies from $0 to $1000. Any fine has a 35% surcharge, a $10 DARE surcharge, and a $125 law enforcement surcharge. The Driver's License is also revoked for 180 days, and federal benefits can be denied. The individual is often placed on a probation period and must complete substance abuse counseling treatment.
As with any criminal offense, the individual should seek local legal counsel. If there are no previous offenses and the individual is eligible, a first offense for marijuana is often deferred with judgment deferred until the completion of probation (often with charges dismissed).
Answered on Aug 28th, 2011 at 11:52 AM