Tag: Iowa drug laws

Challenging the Certified Weight of Marijuana in Drug Stamp Tax Cases

Most Iowans are unaware they can be charged with a felony for simply possessing 42.5 grams or more of processed marijuana flower without first affixing tax stamps issued by the Iowa Department of Revenue to the Ziploc baggie. Quantities up to 42.5 grams (just shy of one and one-half ounces), especially in a single package, are certainly indicative of personal use.  Anything over that amount, however, and you are labeled a “dealer” for tax stamp purposes.  At $5.00 per gram, these stamps can add up to 50% to the street cost of medium quality cannabis.  That’s a small price to […]

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Class B Felony Drug Charge Amended and Time Served WIN

The Story County District Court recently sentenced our client to credit for time served and minimum fines for simple possession of a controlled substance. Originally, the state charged him with four felonies: possession with intent to deliver LSD, marijuana and tax stamp violations. The Class B felony alone was punishable by a mandatory term of imprisonment up to 25 years and a fine of up to $100,000. We were able to limit the admissibility of certain evidence and arguments that are typically used by the state in these types of cases on the issue of intent in constructive possession cases.  […]

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