Learn about the penalties for selling drugs in Iowa.
All states regulate and control the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for their possession. Iowa considers not only well-known drugs like marijuana, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them.
How Iowa Classifies Controlled Dangerous Substances
Iowa divides its CDS into five "schedules" based on factors such as their potential for abuse, and whether they are approved for legitimate medical use:
- Schedule I drugs (such as opiates and heroin) have a high potential for abuse, no accepted medical use, or are unsafe for use in treatment, even under medical supervision.
- Schedule II drugs (such as morphine and opium) have a high potential for abuse, have an accepted medical use and can result in severe psychological and physical dependence if abused.
- Schedule III drugs (such as LSD and anabolic steroids) have a potential for abuse less than Schedule I or II drugs, have an accepted medical use and can lead to low or moderate physical dependence and high psychological dependence.
- Schedule IV drugs (such as diazepam) have a lower potential for abuse than Schedule III drugs, have an acceptable medical use and may lead to limited psychological and physical dependence in relation to Schedule III drugs.
- Schedule V drugs are the least dangerous, with the lowest potential for abuse, a currently accepted medical use, and likely to lead to only limited physical or psychological dependence. Schedule V drugs include medicines that have very small amounts of specified narcotic drugs.
To understand the charges and penalties you might face, look at the charging document in your case (usually called either a complaint or "information", or, if from a grand jury, an indictment). Identify the name of the drugs specified in the document, consult the schedules explained above, and place them in the proper schedule. Then read below to learn about possible charges and sentences. The statute that explains what drug fits into each schedule is Iowa Code Section 4-124.
This article concerns the unlawful sale of CDS. Separate punishments apply to the possession of CDS, or for the unlawful manufacture of controlled substances. For information about the possession for personal use of CDS, see Possession of a Controlled Substance in Iowa.
How Iowa Classifies CDS Sales Crimes
Iowa divides felonies into four classes: A, B, C and D. Class A felonies are the most serious. Felony drug sale crimes can be of any class. Misdemeanors are divided into three classes: aggravated, serious, or simple. Misdemeanor sales crimes are either aggravated or serious. Misdemeanors are less serious and receive lighter penalties than felonies.
Felony Sale of CDS
A felony conviction for the sale of CDS is punished with long periods of incarceration and steep financial penalties.
Class A felony sale to a minor
Conspiracy with the intent to deliver or delivery of methamphetamines or amphetamines (or their salts, isomers, or salts of isomers) to a minor is punishable by a period of incarceration of up to 99 years. A defendant who is convicted for a second time under this section is ineligible for parole unless the governor commutes the sentence to a term of years.
Class B felony sale (up to $1 million fine)
Possession with the intent to deliver or delivery of the following is a Class B felony, punishable by a period of incarceration of up to 50 years and a fine of up to $1 million:
- more than 1 kilogram (kg) of a substance that contains a detectable amount of heroin
- more than 500 grams of coca leaves or any substance that contains a detectable amount of coca leaves (unless the cocaine derivatives have been removed)
- more than 500 grams of any substance that contains a detectable amount of cocaine
- more than 500 grams of any substance that contains a detectable amount of ecgonine
- more than 50 grams of any substance described in this section that contains cocaine base
- more than 100 grams of PCP
- one kg or more of any mixture that contains a detectable amount of PCP
- more than ten grams of any substance that contains a detectable amount of LSD
- more than 1000 kgs of any substance that contains a detectable amount of marijuana, or
- more than five kgs of a substance that contains a detectable amount of methamphetamine or amphetamine (or their salts, isomers, or salts of isomers).
Class B felony sale (up to $100,000 fine)
Possession with the intent to deliver or delivery of the following is a Class B felony, punishable by a period of incarceration of up to 25 years and a fine of $50,000 to $100,000:
- more than 100 grams up to 1 kg of any substance that contains a detectable amount of heroin
- more than 100 grams up to 500 grams of coca leaves or any substance that contains a detectable amount of coca leaves (unless the cocaine derivatives have been removed)
- more than 100 grams up to 500 grams of cocaine or any substance that contains a detectable amount of cocaine
- more than 100 grams up to 500 grams of ecgonine or any substance that contains a detectable amount of ecgonine
- more than ten grams up to 50 grams of any substance described in this section that contains cocaine base
- more than ten grams up to 100 grams of PCP
- more than 100 grams up to 1 kg of any substance that contains a detectable amount of PCP
- not more than ten grams of any substance that contains a detectable amount of LSD
- more than 100 kgs up to 1000 kgs of marijuana, or
- more than five grams up to five kgs or methamphetamine or amphetamine (or their salts, isomers, or salts of isomers.)
Class C felony sale
Possession with the intent to deliver or delivery of the following is a Class C felony, punishable by a period of incarceration up to ten years and a fine of $1,000 to $50,000:
- 100 grams or less of any substance that contains a detectable amount of heroin
- 100 grams or less of coca leaves or any substance that contains a detectable amount of coca leaves (unless the cocaine derivatives have been removed)
- 100 grams or less of cocaine or any substance that contains a detectable amount of cocaine
- 100 grams or less of ecgonine or any substance that contains a detectable amount of ecgonine
- 10 grams or less of any substance described in this section that contains cocaine base
- ten grams or less of PCP
- 100 grams or less of any substance that contains a detectable amount of PCP
- more than 50 kgs up to 100 kgs of marijuana
- five grams or less of methamphetamine or amphetamine (or their salts, isomers, or salts of isomers), or
- any other Schedule I, II, or II CDS other than those specifically discussed elsewhere.
Class D felony sale
Possession with the intent to deliver or delivery of 50 kgs or less of marijuana or flunitrazepam is a Class D felony, punishable by a period of incarceration of up to five years and a fine of $750 to $7,500.
(Iowa Code Sections 124.401, 902.1, and 902.9.)
Aggravated Misdemeanor
Possession with the delivery of, or intent to deliver, a Schedule IV or V CDS is an aggravated misdemeanor, punishable by a period of incarceration of up to two years, a fine of $625 to $6,250, or both.
(Iowa Code Sections 124.401 and 903.1.)
Serious Misdemeanor
Possession with the intent to deliver or the delivery of ephedrine (including salts, isomers, or salts of isomers), when the defendant knew or should have known the substance was intended to make a CDS, is a serious misdemeanor. A serious misdemeanor is punishable by a period of incarceration of up 30 days, a fine of $315 to $1,875, or both.
(Iowa Code Sections 124.401 and 903.1.)
Firearms
If a defendant possesses or controls a firearm during the commission of the underlying offense, the underlying sentence will be doubled and cannot be deferred or suspended.
(Iowa Code Sections 124.401.)
Two or More Simultaneous Sales, Part of
If a defendant commits two or more CDS sales offenses at approximately the same time or in the same location, so that the sales appear to be part of a common plan, scheme, or conspiracy, the quantity of the substances involved in the offenses may be combined for the purpose of charging the defendant.
(Iowa Code Section 124.401(2).)
Habitual Offender
Defendants who have been convicted of a Class C or D felony, and who have two prior felony convictions from Iowa, another state, or from federal court, will be sentenced as an habitual offender. An habitual offender is not eligible for parole until at least three years of the imposed sentence has been served.
(Iowa Code Section 902.8.)
Minimum Sentence for Delivery of Methamphetamine or Amphetamine to a Minor
A defendant who is convicted of the delivery or attempted delivery of methamphetamine or amphetamine to a minor is not eligible for parole until at least ten years of the imposed sentence has been served.
(Iowa Code 902.8A.)
Talk to an Attorney
If you have been charged with intent to deliver or the delivery of CDS, you face extended periods of incarceration, steep financial penalties, or both. To make sure you understand the charges that have been filed against you, your options, and the possible outcomes of your case, you should seek advice from an attorney who is experienced in CDS defense.
FAQs
Iowa Sale of a Controlled Substance Laws? ›
POSSESSION OF A CONTROLLED SUBSTANCE Iowa Code § 124.401(5)--A first offense conviction for possession of any controlled substance (except marijuana) is a serious misdemeanor with a fine of at least $250, but not more than $1,500; in addition, the court may order imprisonment up to one year.
What is the punishment for selling Class A drugs? ›If you're found with a Class A or B drug and have a history of drug offences, you will be prosecuted. The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B ...
What is a controlled substance in Iowa? ›All states regulate and control the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for their possession. Iowa classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
How many grams is a felony in Iowa? ›| Offense | Penalty | Max. Fine |
|---|---|---|
| 50 kg or less | Felony | $ 7,500 |
| More than 50 - 100 kg | Felony | $ 50,000 |
| More than 100 - 1000 kg | Felony | $ 100,000 |
| More than 1000 kg | Felony | $ 1,000,000 |
Penalties for Cocaine Crimes in Iowa
For 100 grams or less of power cocaine or 10 grams or less of crack cocaine, the crime is charged as a regular Class B felony is punishable by confinement of no more than 25 years and a fine of no less than $5,000 but no more than $100,000.
Class A Sentences
As can be expected, Class A drugs see the most severe drug possession penalties, with drug offence sentencing guidelines stating that they may spend up to 7 years in prison if caught. Those found to have supplied or produced Class A drugs face up to life in prison and/or an unlimited fine.
It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply it to another who has no legal right to possess it. Supply is the simple act of passing a controlled drug from one person to another.
Is Gabapentin a controlled substance in Iowa? ›There is no provision for designating drugs, such as Gabapentin, as a reportable drug. Iowa has not scheduled Gabapenin as a controlled substance. Michigan: Michigan has scheduled Gabapentin as a Schedule V controlled substance.
What is a Class C felony Iowa? ›Class “C” Felony
Class “C” felonies are punishable by a prison term of up to ten years and a fine of $1,000 to $10,000. (Iowa Code § 902.9.) For example, assaults that are intended to and do cause serious injury are punishable as class “C” felonies.
The following is Iowa's general statute of limitations for misdemeanor crimes: Simple Misdemeanor: One year. Aggravated or Serious Misdemeanor: Three years. Fraud and Breach of Fiduciary Obligation: One year from the time of discovery but not exceeding six years, extending the one-year period by five years.
What is a controlled substance violation in Iowa? ›
Page 4. POSSESSION OF A CONTROLLED SUBSTANCE Iowa Code § 124.401(5)--A first offense conviction for possession of any controlled substance (except marijuana) is a serious misdemeanor with a fine of at least $250, but not more than $1,500; in addition, the court may order imprisonment up to one year.
Does Iowa have a 3 strike law? ›Habitual Offender Lawyer in Des Moines
For anyone charged with a Habitual Offender felony offense, you are facing something very serious. These rules are sometimes called "three strikes rules" or "three strikes laws" and can put you in prison for years without the possibility of parole.
The 6 Classifications of Drugs. When considering only their chemical makeup, there are six main classifications of drugs: alcohol, opioids, benzodiazepines, cannabinoids, barbiturates, and hallucinogens.
What happens if you have class A drugs on you? ›Generally, you'll have to go to prison for a few weeks or months – harsh, but it does happen. The sentence is worse if you were caught with drugs near a school or in prison. The maximum sentence for possession of a Class A drug is seven years in prison and a fine. It's slightly less for lower classes.
How long do you go to jail for intent to supply a class? ›If your case is being heard in the Crown Court, and you have been found guilty of possession of intent to supply a Class A drug, you could be sentenced to life imprisonment and given an unlimited fine to pay.
How do you prove Pwits? ›- you were in possession of drugs.
- the drugs are controlled drugs, and.
- you intended to supply the drugs to another.
An intention to supply may be proved by direct evidence in the form of admissions or witness testimony, for example, surveillance evidence. Another method of proving an intention to supply is by inference.
How do you prove possession? ›- An extract of the land record, or a property deed, which proves the title of the builder over the land in question.
- Sale Agreement, which is the document of sale executed by you and the builder.
Gabapentin is known as an opioid potentiate because it can increase the high felt with opioids such as fentanyl, oxycodone, hydrocodone, codeine, morphine and even the street drug heroin. As a result, gabapentin has potential for misuse or abuse.
Is gabapentin 300 mg a controlled substance? ›Is gabapentin a narcotic or controlled substance? Gabapentin is not a narcotic. It's not classified as a controlled substance in most states.
Why isn't gabapentin a controlled substance? ›
Gabapentin began being prescribed in 1993, and it impacts the GABA neurochemical but doesn't affect the receptors related to other substances known for their abuse, like opioids. As a result, the US Drug Enforcement Administration (DEA) has not classified gabapentin as a controlled substance.
Can you get a Class C felony expunged in Iowa? ›One possible framework is as follows: Simple misdemeanors are eligible for expungement one year after the end of an individuals last criminal sentence, serious misdemeanors two years after, aggravated misdemeanors three years after, Class D felonies 5 years after, Class C felonies 7 years after, and Class B and Class A ...
What is sentencing for a Class D felony in Iowa? ›A class "D" felony, the least serious type of felony in Iowa, is normally punishable by up to five years' imprisonment and a fine of between $750 and $7,500. Cultivation of up to 50 kilograms of marijuana is a class "D" felony. (Iowa Code § 902.9 (2019).)
Does Iowa have mandatory minimum sentences? ›The Iowa Code does not use the term “mandatory minimum,” but the effect is the same. Iowa has one of the toughest sentences of any state with its “life without parole” sentence for sexual abuse in the first degree, a class “A” felony. That is a “mandatory minimum” which is very “tough.”
How long does the DA have to file charges in Iowa? ›The general statute of limitations for serious criminal offenses is provided in Iowa Code section 802.3 which states that a charging document for a felony or aggravated or serious misdemeanor must be filed within three years after the commission of the crime.
How long do you go to jail for failure to appear in Iowa? ›This crime, according to Iowa Code 805.5, is failure to appear. This does not apply to those who are out on bail. The offense described is only for those who fail to appear from a citation. The offense is a simple misdemeanor punishable by up to 30 days in jail, a fine of $65 to $625, or both.
How long is a warrant good for in Iowa? ›A Ramey warrant usually expires after 90 days from the date it was issued.
What is deferred Judgement in Iowa? ›A deferred judgment is a sentencing option where a defendant pleads guilty and is placed on probation. The judge sets the conditions of probation. The conditions vary, but may include the following: Monetary fine (also called a civil penalty) Substance abuse evaluation and treatment.
What is prohibited acts in Iowa? ›124.401 Prohibited acts — manufacture, delivery, possession — counterfeit substances, simulated controlled substances, imitation controlled substances — penalties. 1.
What crimes fall under the three strikes law? ›Three strikes laws generally deal with serious and violent felony offenses. Common crimes considered "strikes" include rape, murder, arson, and robbery. But the lists of "strikes" vary by state—some include nonviolent offenses like treason, drug trafficking, felony theft, and bribery.
What does 3 strikes and you're out mean? ›
said to mean that a country or an organization has a policy or law, according to which people who commit three offences are punished very severely, even if the individual offences are not very serious.
Who was Kimber Reynolds? ›18-year-old Kimber Reynolds died in an armed robbery in Fresno's Tower District in 1992. Police killed the actual gunman. His accomplice was Douglas Walker, and even after he avoided life in prison for Kimber's death, prison seemed like a magnet for him. "Since the date of December 1992, Mr.
Do first time drug offenders go to jail UK? ›Do first time drug offenders go to jail in the UK? If you are a first-time offender caught in possession of a small amount of Class A drugs for personal use, the good news is that you are unlikely to be sent to jail. You could get an out of court disposal such as a community resolution or a conditional caution.
What are class A drugs? ›Class A. Crack cocaine, cocaine, ecstasy ( MDMA ), heroin, LSD , magic mushrooms, methadone, methamphetamine (crystal meth)
What does being concerned in the supply of Class A drugs mean? ›To be 'concerned' with the supply of class A drugs, the Prosecution needs to prove, beyond reasonable doubt, an identifiable act of participation in the deal. Participation is defined widely to cover many activities both at the centre and on the fringes of dealing in controlled drugs.
What is the sentence for possession with intent to supply? ›The maximum prison sentence for this crime with either Class A or Class B drugs is 14 years and you may also be given an unlimited fine to pay. Sentences handed out at Magistrates Courts are the most lenient.
How long do drug Offences stay on your record? ›If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).
How long is a life sentence? ›Life is when someone is alive, so a life sentence must mean a sentence that lasts until they die. But, it's not nearly that simple. A life sentence is technically the term for a prison sentence that is intended to last for the rest of the accused person's natural life.
What is a serious drug offence? ›Main offences
Serious drug prosecutions can be divided into four main categories: trafficking, selling and cultivation. manufacture. importing and exporting, and. possession.
The 6 Classifications of Drugs. When considering only their chemical makeup, there are six main classifications of drugs: alcohol, opioids, benzodiazepines, cannabinoids, barbiturates, and hallucinogens.
What are the 5 classes of drugs? ›
According to the United States Drug Enforcement Administration, drug classes are determined by the Controlled Substances Act. Accepted classes of drugs include narcotics, depressants, stimulants, hallucinogens, and marijuana. This guide breaks down each class, including the types of drugs that are included within each.
What are the 8 types of drugs? ›- Stimulants.
- Inhalants.
- Cannabinoids.
- Depressants.
- Opioids.
- Steroids.
- Hallucinogens.
- Prescription drugs.
An intention to supply may be proved by direct evidence in the form of admissions or witness testimony, for example, surveillance evidence. Another method of proving an intention to supply is by inference.
Can you get a suspended sentence for intent to supply? ›Possession with intent to supply/supply
At the lower end of the scale if you are only supplying a small amount of a Class C drug it is possible to get a fine, but otherwise you should expect to get at least a community order and/or a suspended prison sentence.
| CLASS A | LEADING ROLE |
|---|---|
| Category 1 | Category range 12 – 16 years' custody |
| Category 2 | Starting point 11 years' custody |
| Category range 9 – 13 years' custody | |
| Category 3 | Starting point 8 years 6 months' custody |
If you are charged with a drugs offence you will always appear in The Magistrate's Court and your case could conclude in the Crown Court depending upon the seriousness of the allegation and the quantities involved.
What is conspiracy to distribute? ›["To distribute" means to deliver or transfer possession of [specify controlled substance] to another person, with or without any financial interest in that transaction.] A conspiracy is a kind of criminal partnership—an agreement of two or more persons to commit one or more crimes.