penalties for possessing marijuana Third Offense in Iowa
If you've been charged with third offense marijuana possession, you're probably familiar with (and likely a little tired of) the next steps in the criminal process.
The third time you're convicted of possessing marijuana in Iowa (and every time after that,) the charge will be an aggravated misdemeanor -- as long as you don't have other convictions for possession of other controlled substances, tax stamp violations, or precursor violations.
If you have prior convictions but not prior possession of marijuana convictions, figuring out exactly what you're facing might be a little daunting. I made a flowchart to simplify things:
For a charge of possession of marijuana, third (or subsequent) offense, if it is charged as an aggravated misdemeanor, you're facing a fine $625 - $6250 and up to two years imprisonment.
As with all criminal fines, a 15% surcharge applies.
If you have ever been convicted of possessing another another controlled substance, violating precursor laws (Chapter 124B,) or violating tax stamp laws, (Chapter 453B,) your third offense Marijuana Possession charge will be a Class "D" felony.
If you are convicted of marijuana possession, the Court will sentence you to at least 48 hours in jail. If the sentence is suspended, the court will put you on probation. If you're placed on probation for possession of a controlled substance, you will have to submit to random drug testing.
It's possible that you will be eligible for a deferred judgment if convicted.
Medical Marijuana
Iowa's Medical Cannabidiol Act - Chapter 124E
Permanent Iowa residents who are at least 18 years old can now apply for medical marijuana in Iowa. Health care practitioners sign written certifications that patients are suffering from a debilitating medical condition. The patients submit those certifications to the department of health and pay a fee of $100. (The fee is only $25 for people who are on social security disability, supplemental security insurance, or medical assistance.)
