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Under Iowa state law, Code § 124.414 law, it is a simple misdemeanor to make, sell, or possess drug paraphernalia. The possession of drug paraphernalia intentionally or knowingly is punishable by up to 30 days in jail and/or a fine of up to $855 fine.
Paraphernalia is considered all equipment, products, or materials of any kind used or attempted to be used with a controlled substance unlawfully. In other words, it is any object that is used in combination with making, growing, or harvesting a drug or controlled substance.
If you have been charged with possession of drug paraphernalia in Des Moines, do not hesitate to retain a skilled criminal defense lawyer who can help protect your rights. Every step of the way through the criminal justice system, Feld Law Firm can fight for you and your best interests.
Essentially, paraphernalia is anything you possess to use, transport, or make illegal drugs. Even something such as a baggie can be considered drug paraphernalia. Remember, the drug paraphernalia must be used for illegal substances. This is probably the most important factor that the county attorney overlooks.
For example, sandwich baggies are used to transport marijuana or other illegal substances. If marijuana or other illegal substances are found in the baggie, then it may be fair to say the baggie is drug paraphernalia. But just because someone has an empty baggie in their possession does not mean that they are possessing drug paraphernalia.
The Consequences of a Conviction
Although possession of drug paraphernalia is a simple misdemeanor, it can have a serious impact on your ability to obtain or keep a job. Employers tend not to like employees associated with drugs. It is a good idea to contact a Des Moines criminal defense attorney to help you handle the matter.
Additionally, it should be noted that with possession of drug paraphernalia usually comes possession of marijuana or some other possession of a controlled substance, as there are almost always traces of the controlled substance on the paraphernalia. Any amount of the controlled substance can constitute "possession" under Iowa law.
Is Possession of a Controlled Substance a Felony in Iowa?
A first offense conviction for the possession of a controlled substance in Iowa is a misdemeanor with the exception of marijuana. A first offense conviction for the possession of controlled substances has a fine of a minimum of $250 and a maximum fine of $1,500, and you may even be imprisoned for 1 year on top of the fine.
Call Feld Law Firm Now
If you have been charged with possession of drug paraphernalia, you should seek guidance from Feld Law Firm as soon as possible. We are here to represent your best interests in the matter.
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Polk County Simple Misdemeanors Starting as low as $1000