Every state has its own way of regulating and controlling the possession of controlled dangerous substances (CDS), but each differs in its definition of CDS and the penalties for being caught with them. In Iowa, marijuana, cocaine, and heroin are all classified as CDS, but did you know that the compounds and ingredients that are used to make them are as well?
Our topic of today is the possession of CDS for personal use and the penalties that can come along with it. Note: If you’re found in possession of CDS, the consequences are different than if you’re selling them.
How does Iowa classify CDS?
Iowa law divides CDS into five “schedules” that are used to determine the severity of the situation and danger of the substance. These schedules also determine the penalties for possessing certain substances near public places and schools. They are as follows:
- Schedule I: This category applies to most opiates and other stimulants that have an increased probability of abuse but no accepted medical use. (Iowa Code Ann. Section 124.203.)
- Schedule II: This group includes cocaine and raw opium. These substances are easy to abuse but have one or more regulated medical use. (Iowa Code Ann. Section 124.205.)
- Schedule III: These drugs are anabolic steroids and other substances such as LSD. These drugs can be easily abused, but are less likely to be than Schedule I and II drugs. Those abusing Schedule III substances end up with a moderate to low dependence or a high mental dependence. These substances are accepted for medical use. (Iowa Code Ann. Section 124.207.)
- Schedule IV: Now we’re getting into substances like butorphanol and flurazepam. These substances have a very low abuse rate compared to those in Schedule III. Most of the time people develop a limited physical and/or psychological dependence on these substances. They are all accepted for medical use. (Iowa Code Ann. Section 124.209.)
- Schedule V: These guys are the precursors to pseudoephedrine and methamphetamine and have a low abuse rate compared to Schedule IV. Like the previous schedule, these substances are all accepted for medical use. (Iowa Code Ann. Section 124.211.)
If you’ve been arrested or charged with CDS possession, you should take a moment to consult the Iowa Code. It will tell you exactly which drugs fit into each category.
A summary of possession and criminal penalties
In Iowa, the severity of your penalty depends on whether it’s your first violation or a repeat one.
- First conviction: Your first conviction is a serious misdemeanor. Your penalty will most likely be a fee between $315 and $1,875, up to a year in jail, or both.
- Second conviction: With your second conviction comes an aggravated misdemeanor charge. Your fee will jump up to a hefty price tag between $625 and $6,250 and a year in jail. You might face no fine but two years in prison instead.
- Third and subsequent convictions: Your third conviction, and those that follow, are class D felonies. Your penalty will probably be a fine between $750 and $7,500, up to five years in prison, or both.
You should know that marijuana possession is treated differently than other controlled substances in Iowa. For more information, or to get help with your specific case, contact Cory Goldensoph, P.C. today. Cory is a dedicated member of the Cedar Rapids community and will work with your schedule and budget. Give him a call today.