Tag: 1000 feet

Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property.  This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also count. Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included). The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult.  The […]

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Possession Does Not Merge With Eluding While Carrying Marijuana

A unanimous Iowa Supreme Court ruled on October 16, 2020 that certain marijuana possession-related convictions do not merge for purposes of double jeopardy protections against cumulative punishments. In State v. Johnson, the defendant argued his possession of marijuana conviction, a serious misdemeanor, should merge with his felony conviction for eluding while possessing marijuana.  The State did not dispute that a driver cannot violate the particular eluding subsection without also violating the prohibition against possessing marijuana.  Under the legal-elements test that compares two offenses to determine whether it is possible to commit the greater offense without committing the lesser, the crimes […]

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