Tag: constructive possession

Defending the Sentencing Enhancement for Firearms in Felony Marijuana Possession Cases

All too often, inexperienced attorneys defending felony marijuana cases fail to fully appreciate the incredibly significant impact that evidence of a firearm can have on sentencing. How significant, you ask? Under Iowa Code section 124.401(1)(e), a person in the immediate possession or control of a firearm while possessing marijuana for delivery shall be sentenced to […]

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Prior Out-of-State Convictions for Marijuana Possession

Prior out-of-state convictions for marijuana can be very problematic if you are arrested for a possession offense in Iowa. Iowa Code section 124.411 provides “an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under […]

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