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 twice the term provided. As a result, the nickel for a few ounces of bud may be enhanced to a dime simply because of a gun. In other words, the Glock 19 seized by the task force now earns the unsuspecting person 10 years behind […]
