Under Iowa law it is illegal to intentionally or knowingly possess marijuana. Fines and penalties vary across the board based on the type of drug possessed and whether or not a person intended to distribute the drugs. In regard to the possession of marijuana charge-first offense, it would be smart to speak with a criminal defense attorney to see if you are eligible for the diversion program. If you complete the program, your charge can be dismissed.
If you have been charged with marijuana possession, manufacture, or distribution, consult with our team at Feld Law Firm. Contact us at to get started on your case. Marijuana is illegal in Iowa. Possession of marijuana for personal use is a misdemeanor charge, while possession with the intent to distribute carries much greater penalties. To be convicted of actual possession , the person must actually possess the marijuana.
For example, if the marijuana is in a person's shirt pocket or in their shoe, this is actual possession. To be convicted under constructive possession, you must:. In other words, you must know what marijuana is, where it is located, and be able to access the marijuana. For example, if you and a friend are in a car together where there is marijuana in the center console and you both know about it and can both exercise control over it, you are both guilty of possessing marijuana.
It should be noted that when there are multiple people in a location and there is marijuana in the vicinity of the people, it is much harder for the state to prove a certain person guilty of possession of marijuana.
If the state cannot prove any of the three elements beyond a reasonable doubt, you are not guilty of possession of a controlled substance.
