Possession of Marijuana

Basics

Marijuana is classified as a “controlled substance” under Iowa Law. What this means is that the possession of, use and/or distribution of marijuana, among other drugs, is controlled by law. You cannot possess marijuana in Iowa even if you have a prescription for it from Colorado or California or any other state where it’s medicinal use is authorized by law. It’s illegal in Iowa.

The word “possession” is often the subject of dispute. You were in a car and one of the other occupants of the car had it in their pocket. Every case is different and the facts should be fully discussed with your attorney. Our OWI lawyers are just as qualified to discuss with you your charge of possession of marijuana.

First Offense Possession of Marijuana in Iowa

Iowa Code Section 124.401

• Serious Misdemeanor
• No minimum jail sentence
• Maximum of 6 months in jail
• Minimum fine $315
• Maximum fine $1,000
• 35% surcharge on all fines imposed
• Court costs
• Court appointed attorney fees
• Loss of driving privileges for 180 days
• You must obtain a substance abuse evaluation
• Do not continue to use as the court may order you to drop a UA
• You will be disqualified from receiving federal financial aid for one year
• If you receive a deferred judgment, your DL will not be suspended
• If you do not receive a deferred judgment, your DL will be suspended
• If your DL is suspended, you may be able to obtain a Temporary Restricted License

Second Offense Possession of Marijuana in Iowa

In order to secure a conviction for 2nd offense, the State must establish that at the time of your first offense conviction, you were represented by an attorney or you voluntarily waived your right to have an attorney.

• Serious Misdemeanor
• No minimum jail sentence
• Maximum of 1 year in jail
• Minimum fine of $315
• Maximum fine of $1,850.00
• 35% surcharge on all fines imposed
• Court costs
• Court appointed attorney fees
• Loss of driving privileges for 180 days
• You may be able to obtain a temporary restricted license
• You must obtain a substance abuse evaluation
• Do not continue to use as the court may order you to drop a UA
• You are not eligible to receive a deferred judgment

Third Offense Possession of Marijuana in Iowa

In order to secure a conviction for 3rd offense, the State must establish that at the time of your first and second offense convictions, you were represented by an attorney or you voluntarily waived your right to have an attorney.

• Aggravated Misdemeanor
• No minimum jail sentence
• Maximum of 2 years in prison
• Minimum fine of $625
• Maximum fine of $6,250.00
• 35% surcharge on all fines imposed
• Court costs
• Court appointed attorney fees
• Loss of driving privileges for 180 days
• You may be able to obtain a temporary restricted license
• You must obtain a substance abuse evaluation
• Do not continue to use as the court may order you to drop a UA
• Under Federal laws, you will be disqualified indefinitely from receiving federal financial aid
• You are not eligible to receive a deferred judgment

Deferred Judgment

A deferred judgment means that the Court does not impose the sentence as mandated by Iowa law. You are granted a deferred judgment, therefore there is no jail sentence nor is their a fine imposed. A civil penalty, however, will be imposed in the same amount as the fine if you had not been given a deferred judgment. You may be placed on probation for a period of time with rules to obey laws, etc. Some judges may order that you not go into bars, taverns. Some will order you not to consume alcohol. If you complete the probation, the charge is wiped off your record… in a limited fashion. If you “screw-up” on your probation, you may be brought back to court and the court may take away the deferred judgment and impose the original sentence as allowed by law.

What is the advantage of getting a deferred? No jail time will be ordered and your record is clean. The problem is, your record will always show up that you were arrested and charged with a crime. If a potential employer asks if you have ever been convicted of anything more serious than a simple traffic ticket, you may say “no.” If the potential employer asks have you ever been “charged” with anything more serious, then you would have to say “yes.” Another problem is that most civilians do not understand what a “deferred judgment” means so if you received one and you tell an employer you have never been convicted of a serious charge, they may find out that you pled guilty to a serious criminal charge, this may cause a problem, even though you got a deferred judgment.

Whether to grant a deferred judgment or not is entirely up to the judge. Judges have full discretion as to whether they will grant a request for a deferred judgment. If your request is denied, absent an error by the court such as the judge incorrectly determining that you are not eligible, there is nothing you can do if you are denied.