We Are Experienced Drug Charge Defense Attorneys Who Are Here To Help

Last updated on April 7, 2025

Drug charges of any type place people in the middle of an extraordinary set of legal problems. Both Iowa and the federal government take drug crimes seriously, and a conviction can cause problems for you for a long time. Finding an experienced drug charge lawyer can make this process a lot easier on you.

At Marberry Law Firm, P.C., one of the things people turn to us for is compassion and care in their criminal defenses. For people across Urbandale and Des Moines, we take every available step to preserve their rights and freedom. When you come to us, we will listen to you about the charges you face and the problems you have. Then we will get to work to defend you.

What Is Considered Drug Possession In Iowa?

Drug possession in Iowa is knowingly or intentionally possessing a controlled substance without a valid prescription or legal justification. This includes having drugs on your person, in your vehicle, at home or at any location you control. Even if the drugs are not yours, being in proximity to them can still result in drug charges in Iowa.

Possession can be categorized as actual or constructive. Actual possession means the drug is found directly on you, like in your pocket or bag. Constructive possession applies when drugs are found in a place you have access to and control over, such as your car or apartment.
Being charged with Iowa drug charges does not require proof of intent to use or sell – mere possession is enough. If you have been accused, a criminal defense attorney in Des Moines can help assess your situation and work toward a favorable outcome.

Understanding Possession And Distribution In Iowa

Iowa’s drug laws are dependent on not just the actions but also the substances involved. The penalties can become more or less serious if you are charged with possession of fentanyl versus possession of marijuana.

In addition to the type of drug, the weight also matters. For example, possession of under half an ounce of marijuana is treated as a special class of serious misdemeanor with a penalty of up to six months in prison and a fine of $1,000. A larger amount leads to more serious penalties. Distribution charges are likewise impacted by substance and weight.

Whether you face a possession or distribution charge, you still have many rights in the criminal justice system. You deserve a legal team that is willing to protect them completely.

Do I Need A Drug Charge/Drug Crime Attorney?

If you are facing drug charges in Iowa, your best move is to hire a drug crime lawyer in Des Moines. These cases often involve complicated procedural issues like:

● Unlawful search and seizure
● Improper police conduct
● Lack of probable cause

A skilled drug charges lawyer in Des Moines will be able to challenge weak evidence and negotiate for reduced penalties or dismissal.

Even if you believe your case is “minor,” such as being caught with a small amount of marijuana, the long-term effects of a conviction can be severe. Some of the possible outcomes include:

● Jail time
● Fines
● Probation
● Loss of student aid
● A permanent criminal record

Working with a criminal attorney in Des Moines, Iowa, gives you a strong chance at avoiding or minimizing these consequences.

A criminal defense lawyer in Iowa will explain your rights, evaluate your case and guide you through the court process. Do not wait until your court date. Contact a Des Moines drug charges attorney immediately.

Marijuana Possession Penalties In Iowa

Unlike other states that have decriminalized or legalized marijuana, Iowa maintains strict penalties for possession. Even a small amount can lead to criminal charges.

● A first-time offense for possessing marijuana is a serious misdemeanor, punishable by up to six months in jail and a $1,000 fine.
● A second offense becomes an aggravated misdemeanor, while a third offense is classified as a Class D felony with potential prison time of up to five years.

Aggravating factors, such as possession near a school, involving a minor or while carrying a firearm, can lead to enhanced sentencing. In these cases, a skilled Iowa drug crimes lawyer is vital for protecting your future.

Possession Of Controlled Substance Penalties In Iowa

Penalties for drug possession in Iowa vary based on the type of drug, the amount and whether it is a first or repeat offense. Iowa classifies controlled substances into five schedules, with Schedule I drugs carrying the harshest consequences.

● First offense: For most substances, including marijuana, cocaine, meth, heroin and prescription drugs without a valid prescription, a first offense is charged as a serious misdemeanor, which carries up to six months in jail, a fine of $430 to $2,560 and possible probation or deferred judgment for eligible defendants. However, suppose the drug is methamphetamine or another Schedule I or II controlled substance (like heroin or cocaine). In that case, prosecutors may push for an aggravated misdemeanor, especially if the defendant has other criminal histories. That can mean up to two years in prison and a fine between $855 and $8,540.
● Second offense: A second conviction for any drug possession offense is elevated to a serious or aggravated misdemeanor, depending on the drug. Jail time of up to one year (serious misdemeanor) or up to two years in prison (aggravated misdemeanor), fines will range from $855 to $8,540, and mandatory completion of a substance abuse evaluation and treatment program.
● Third or subsequent offense: A third or subsequent possession charge is a Class D felony, regardless of the drug involved. It includes up to five years in prison, a fine between $1,025 and $10,245, extended probation and mandatory treatment and a possible driver’s license revocation for up to 180 days. An Iowa criminal defense attorney can help evaluate the charge and work out the best possible outcome for your situation.

Possession With Intent To Deliver Penalties In Iowa

When law enforcement believes drugs are not just for personal use but for sale or distribution, the charge escalates from simple possession to “possession with intent to deliver.” This is a felony in Iowa and carries much steeper penalties.

The quantity of drugs, presence of packaging materials, large amounts of cash and digital scales are all red flags that might lead to this charge. Penalties can range from five years to life in prison, depending on the drug type and amount.

If you are facing this charge, you urgently need an experienced Iowa drug charge attorney. These cases are prosecuted aggressively and mistakes in your defense could be devastating.

Your criminal defense lawyer in Iowa can argue that the drugs were for personal use only or that the search was unconstitutional. When the stakes are this high, the help of a skilled criminal defense attorney in Des Moines can make the difference between freedom and years behind bars.

Iowa Drug Crime Laws

Iowa drug crimes are governed by a complex mix of state statutes that regulate controlled substances, paraphernalia, distribution and prescription fraud. Key elements include:

● The Uniform Controlled Substances Act
● Iowa Code §124, covering drug schedules and penalties
● Drug-free zones (like schools and public parks)
● Enhanced penalties for repeat offenders or gang-related activity

The law does not just target possession. You can face Iowa drug charges for manufacturing, growing, delivering or even offering to sell drugs – even if no money changes hands.

Your Drug Charge Rights In Iowa

If you have been arrested for a controlled substance violation in Iowa, you have constitutional rights, and it is crucial to understand and use them.

● You have the right to remain silent. Anything you say can and will be used against you.
● You have the right to legal counsel, and it is in your best interest to immediately ask for a drug charges lawyer in Des Moines.
● Do not consent to searches of your home, vehicle or body unless there is a warrant or clear probable cause. Many successful defenses hinge on unlawful search and seizure.

When you are facing Iowa drug charges, knowing your rights and having one of our criminal lawyers in Iowa on your side can be the key to walking away with your future intact.

Strength Guided By Compassion

We’ve built a reputation for care and compassion toward our clients. We found that we can be much more effective representatives if we move forward with a genuine connection to the people we defend. We’re on your side. We care about you. And that makes us better defense attorneys. Call us at 515-989-6794 or send an email to learn more.