Penalties for Making, Delivering, or Possessing Methamphetamine in Iowa

penalties methamphetamine

Drugs, whether it be the manufacturing, delivering, or possessing with the intent to deliver them, have always been a relevant topic. In this blog I often write about the consequences for such actions. While I have previously blogged with focalization on the penalties for possession of marijuana in Iowa, today I will be discussing methamphetamine, which lately, has been an area of relevance in Iowa.

Iowa is very clear with it comes down to the penalties for manufacturing, delivering, or possessing with the intent to deliver methamphetamine. There are three distinct categories of subsections punishments when in violation of Section §124.401 of the Iowa Code regarding methamphetamine.

 

Greater than 5kg

If one is manufacturing, delivering, or possessing with the intent to deliver more than five kilograms of a mixture or substance containing methamphetamine, one is in violation of subsection §124.401(1)(a) which is a class “B” felony. One will receive a punishment of incarceration for no more than fifty year as well as a fine no larger than one million dollars.

5kg to 5g

If one is manufacturing, delivering, or possessing with the intent to deliver more than five grams but not more than five kilograms of a mixture or substance containing methamphetamine, one is in violation of subsection §124.401(1)(b) which is also a class “B” felony. However with this violation one will only receive a fine of no less five thousand dollars but no more than one hundred thousand dollars.

Less than 5g

Lastly, if one is manufacturing, delivering, or possessing with the intent to deliver less than five grams of a mixture or substance containing methamphetamine, one is in violation of subsection §124.401(1)(c) which is a class “C” felony. One shall receive a fine of no less than one thousand dollars but no more than fifty thousand dollars.

 

As you can see, whether one is making, selling of is just in possession of methamphetamines, the consequences for this crime are very serious in Iowa. There are various charges that one can receive in regards to methamphetamine; which is why an individual that finds themselves in such a case is in need of an experienced and knowledgeable attorney who can provide them with guidance and assistance to reach the best possible outcome.

So, if you or your loved one is charged with manufacturing, delivering, or possessing with the intent to deliver methamphetamine or any other controlled, counterfeit, or simulated controlled substance in Iowa, do not hesitate to call us at Stowers and Sarcone Law Firm at 515.224.7446. Furthermore if you have questions about Iowa drug laws and penalties, feel free to call us and will be more than happy to answer your questions. Our experienced attorneys provide dedicated and experienced representation with cases in these areas.

Do You Need An Attorney For Methamphetamine Charges?

Every once in a while I have to show up personally for a client’s “first appearance” in court.  This is where the Defendant is informed of the charges against him or her.  Generally, most Defendant’s who show up at “first appearance” don’t yet have a lawyer.  The Court or Court attendant asks whether they would like to represent themselves, apply for the public defender or hire a private lawyer.  First appearance court covers the gamut of charges from simple misdemeanors to serious felonies.  When I was practicing law in Florida, and now practicing in Iowa, I continually see people facing serious crimes choose to represent themselves.  I am a lawyer so I am surely biased but it baffles my mind when people choose to represent themselves in very serious situations.  In particular, on more serious and often complicated charges such as drug trafficking offenses.

In Iowa, manufacture, delivery, possession with the intent to deliver, and conspiracy to do all of those things with reference to methamphetamine are just the type of serious charges that I believe it is advisable to obtain an attorney for, whether private or public (public defenders are in fact attorneys).  Why you ask?  Well the Iowa Code contains a number of special penalties for trafficking in meth.  For example Iowa Code Section 124.401E sets out the following “Certain penalties for manufacturing or delivery of amphetamine or methamphetamine”:

1. If a court sentences a person for the person’s first conviction for delivery or possession with intent to deliver a controlled substance under section 124.401, subsection 1, paragraph “c”, and if the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court may suspend the sentence, and the court may order the person to complete a drug court program if a drug court has been established in the county in which the person is sentenced or order the person to be assigned to a community- based correctional facility for a period of one year or until maximum benefits are achieved, whichever is earlier.
2. If a court sentences a person for a conviction of manufacturing of a controlled substance under section 124.401, subsection 1, paragraph “c”, and if the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court may suspend the sentence, and the court may order the person to complete a drug court program if a drug court has been established in the county in which the person is sentenced, or order the person to be assigned to a community-based correctional facility for a period of one year or until maximum benefits are achieved, whichever is earlier.
3. If a court sentences a person for the person’s second or subsequent conviction for delivery or possession with intent to deliver a controlled substance under section 124.401, subsection 1, and the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court, in addition to any other authorized penalties, shall sentence the person to imprisonment in accordance with section 124.401, subsection 1, and the person shall serve the minimum period of confinement as required by section 124.413.
Especially important is paragraph 3 because a second conviction results in mandatory imprisonment.  Additional sections of Iowa law which include enhanced penalties for methamphetamine offenses include but are not limited to: Iowa Code Section 124.401C “Manufacturing methamphetamine in the presence of minors” and Iowa Code Section 124.401D “Conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver amphetamine or methamphetamine to a minor”.

Methamphetamine charges are not something to take lightly, even if it is your first offense.  Most end up as “B” felonies which carry a 25 year prison sentence.  Good, quality representation can make a difference in the outcome of the case.