Drug Charges

Mark Thompson has extensive experience dealing with criminal cases involving possession and/or delivery of controlled substances.

Controlled substances charges (drug charges) are brought under Iowa Code §124.401.  This code section is long and complex, and covers every type of drug possession or delivery offense.

Overwhelmingly these cases involve marijuana.  The case can be charged as either possession, or intent to deliver/delivery.

The decision to charge as intent to deliver/delivery depends on various facts surrounding the arrest, including the following:  Amount of drug seized, statements by the defendant, undercover surveillance, paraphernalia, sums of cash and other factors.

Drug charges  are prosecuted by the Johnson County Attorney’s Office for any arrests that take place in Iowa City, University Heights, Coralville, North Liberty or any of the other surrounding communities within the county. The Linn County Attorney’s Office will handle cases from Cedar Rapids, Marion, Mt. Vernon, and the surrounding communities.

Marijuana-Specific Charges

The most common charge is possession of marijuana, first offense.

Marijuana possession charges are handled uniquely in the Iowa City and Cedar Rapids areas, and it is in a defendant’s best interest to find a lawyer which is familiar with the common case outcomes and sentencing options.

The penalty for a first offense possession of marijuana charge ranges from 2 days in jail up to 6 months, and the fine ranges from $315.00 to $1,875.00.  The charge is a “hybrid” serious misdemeanor, meaning the maximum jail term is 6 months as opposed to 1 year for regular serious misdemeanors.

Subsequent offenses can be regular misdemeanors, aggravated misdemeanors or even felony charges for possession, as long as at one point the defendant has been convicted of possessing a controlled substance aside from marijuana.

Deferred Judgments

The charge is eligible for a deferred judgment, which is an excellent outcome for a drug charge.  A successful deferred judgment would eliminate the need for any jail time, and no drug convictions would appear on the defendant’s record.  This is important for future employment searches, and for students the lack of a conviction would keep them eligible for federal financial aid for school.

Many times the defendant will be asked to produce a clean urinalysis and complete a substance abuse evaluation and any recommended treatment.  This is required in all local cases where a deferred judgment is requested.

Possible Dismissals

On very rare occasions, the defendant may be eligible to have the marijuana charge dismissed altogether.  However, this will require a conviction on a related matter, such as possession of drug paraphernalia.

There are many consequences to getting a deferred judgment, dismissal or conviction on a drug charge and these should be discussed with a qualified local attorney.

Contact Us

If you have questions regarding a drug case in the Iowa City or Cedar Rapids area, please call Thompson Law Office at (319) 354-1630. Initial consultations are free.