Iowa City Drug Busts: Secondary Charges

When a suspect is arrested in Iowa City for a drug-related charge, there are many related charges that the police or the prosecutor can pile on.

The original charge would be possession of controlled substance, usually marijuana.  This, of course, only requires that the suspect had in his possession (whether actual or constructive possession) a substance that he reasonably believed to be an illegal drug.

The most common secondary charge would be possession of drug paraphernalia.  This occurs when the suspect had in his possession any device that is used to ingest or prepare illegal drugs.   This charge is sometimes overlooked by the arresting officers if the suspect doesn’t give the officers a hard time.

Now we get into the ridiculous charges.

In Iowa, it is illegal to “promote a gathering” for the use of controlled substances.  This law was originally enacted to combat massive, Woodstock-like drug parties.  However, the actual language of the statute is so broad that it technically is illegal to invite people back to your home to smoke pot.  Therefore, if a suspect admits that he allowed people to use drugs on his premises, he can be charged with Promoting a Gathering.

Also, it is illegal to maintain a residence for the purpose of using or distributing controlled substance.  Therefore, if a suspect has a room in their residence that is routinely used to smoke pot, that person can be charged with Running a Drug House.   Originally this was the anti-crack house law, but once again the language is broad enough to include the den of a pot smoker.

Finally, the minimum standards for Distribution of Controlled Substances are quite low.  There is no weight or quantity requirements for selling or sharing drugs.  If a suspect says that he shares his marijuana with his friends, that’s the same level of distribution crime as the man that peddles his illegal wares to strangers on the street corner.

Of course, the prosecutor’s office would deal with the street-dealer differently than the young man that shares his marijuana with his roommate, but the charges would still be the same.

Therefore, if someone uses marijuana in Iowa City, they must make sure not to admit to sharing it, allowing it to be smoked in their residence, or to routinely use a premises for smoking it.  These admissions could greatly increase the trouble that befalls a drug-carrying suspect.

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