Marijuana is a schedule I hallucinogenic substance under the Iowa Controlled Substances Act.

See

Iowa Code § 124.204(4)(m)

Possession for Personal Use

For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months of imprisonment. Second offenders are subject to a fine of $315-$1875 and/or up to 1 year of imprisonment. Third offenses are considered aggravated misdemeanors and are punishable by a fine of $625-$6250 and/or up to 2 years of imprisonment.

See

Iowa Code § 124.401(c)(5)

Iowa Code § 903.1

Iowa Code § 124.409

Offenders who are chronic abusers of marijuana may be sent to rehab. If this program is successfully completed the court may place the defendant on probation.

See

Iowa Code § 124.409

Possession of marijuana within 1,000 feet of an elementary school, secondary school, public park, or school bus is punishable by the penalty for possession and 100 hours of community service.

See

Iowa Code § 124.401B

Cultivation or Distribution

Distribution of marijuana includes possessing marijuana with the intent to distribute it.

Delivery or possession with intent to deliver one half ounce or less of plant-form marijuana without remuneration is equivalent to simple possession in Iowa, with penalties for a first offense being a misdemeanor with incarceration of no more than 6 months, and a fine of no more than $1000 dollars. Subsequent convictions for delivery without remuneration will be punished more severely, just as subsequent simple possession convictions would be.

See

Iowa Code § 124.410

Distribution or cultivation of 50 kilograms of marijuana or less is a class D felony punishable by a fine of $750-$7,500 and up to 5 years of imprisonment. Distribution or cultivation of more than 50-100 kilograms of marijuana is a class C felony and is punishable by a fine of $1,000-$50,000 and up to 10 years of imprisonment. Distribution or cultivation of more than 100-1,000 kilograms of marijuana is a class B felony and is punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment. Distribution or cultivation of more than 1,000 kilograms of marijuana is a class B felony and is punishable by a fine of not more than $1,000,000 and up to 50 years of imprisonment.

See

Iowa Code § 124.401

If a person over the age of 18 solicits a person under the age of 18 to assist in the distribution or cultivation of marijuana this act is punishable as a class C felony by a fine of $1,000-$50,000 and up to 10 years of imprisonment.

If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a Class B felony punishable by a fine of $5,000-$100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of 5 years will apply. If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply.

See

Iowa Code § 124.406

Hash & Concentrates

Iowa classifies Marijuana and Tetrahydrocannabinols separately as hallucinogenic substances in Schedule 1 of the Iowa Controlled Substances Schedule. For the purposes of criminal justice, plant Marijuana and all Tetrahydrocannabinol derivatives thereof, including hashish and marijuana concentrates, are defined as Marijuana and punished equally in all but one circumstance. The only circumstance where plant-form Marijuana is treated differently is for a charge of delivery or possession with intent to deliver one half ounce or less without remuneration. In that circumstance, plant-form marijuana is punished equivalent to the penalties for simple possession, whereas delivery, or possession with intent to deliver an equivalent amount of hashish, hash oil, or other derivatives are punished in accordance with the regular penalties for distribution.

See

Iowa Code § 124.101

Iowa Code § 124.204

Iowa Code § 124.401

Iowa Code § 124.410

Paraphernalia

Possession, distribution, or manufacture of marijuana paraphernalia is simple misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months imprisonment. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality.

See

Iowa Code § 124.414

Miscellaneous

Sponsoring, promoting, or assisting in the sponsorship or promotion of a gathering with the knowledge that marijuana will be used, distributed, or possessed at that event is a serious misdemeanor punishable by a fine of $315-$1875 and/or up to 1 year of imprisonment.

See

Iowa Code § 124.407

Possession with intent to sell large amounts of pot (100-1000kg) can lead to an automatic driver’s license suspension.

See