Iowa Heroin Laws

Heroin is one of many dangerous drugs our communities are dealing with today. Just like methamphetamine, fentanyl, and other illegal drugs, heroin can destroy families and increase crime. This is why the Iowa legislature has created strict laws governing the possession of a controlled substance, drug trafficking, and other related offenses.

The federal laws on drug possession, distribution, and trafficking are just as strict. With the recent opioid epidemic, lawmakers across the country are cracking down on heroin dealers. If law enforcement catches you with heroin or drug paraphernalia, you'll face severe penalties.

Here, we'll explain Iowa's heroin laws, including the penalties for these offenses. If you have questions about your criminal case, consult a drug crimes attorney or explore FindLaw's resources.

Are Iowa's Heroin Laws Different from Other Drug Laws?

Iowa law prohibits the possession, sale, manufacture, and distribution of illegal drugs. While heroin is one of the more problematic drugs today, that doesn't mean it's the only drug Iowa law criminalizes.

Some of the other drugs Iowa lawmakers are cracking down on include:

• Methamphetamine
• Amphetamines
• Cannabis/cannabinoids
• Illicit prescription drugs
• PCP
• LSD
• Depressants
• Cocaine/crack
• Stimulants

While some states have legalized marijuana, that is not the case in Iowa. Marijuana is a Schedule I drug and is still illegal in Iowa.

In Iowa, the charges and penalties for drug possession are the same regardless of which drug you are carrying at the time of your arrest. The severity of the charge ranges from a simple misdemeanor to a Class D felony, depending on whether it's your first, second, or third offense.

Heroin Laws in Iowa

Iowa law is strict when it comes to controlled dangerous substances. Whether it's your first or second offense, you should expect the penalties to be severe.

The penalties under Iowa state law for heroin-related offenses depend on the amount of drugs in your possession, where your arrest takes place, and whether you have prior convictions.

The chart below lists the details of Iowa's heroin statutes.

Iowa heroin laws code sections Iowa Code 124.401, et seq.

• Iowa possession of heroin First-time offender — Serious misdemeanor, punishable by up to one year in jail and fines of $430 to $2,565
• Second offense — Aggravated misdemeanor, punishable by up to two years in jail and fines anywhere between $855 and $8,540
• Third and subsequent offenses — Class D felony, carrying a penalty of up to five years in prison and fines from $1,025 to $10,245 (Iowa Code §124.401)
• Possessing drug paraphernalia is a simple misdemeanor punishable by up to 30 days in jail and fines between $105 and $850. (Iowa Code §124.414)
• Sale and distribution Less than 100 grams: Class C felony, punishable by fines anywhere from $1,000 to $50,000 and up to 10 years in prison.
• 100 grams to 1 kg.: Class B felony, resulting in fines between $5,000 and $100,000 and up to 25 years in prison.
• Over 1 kg: Class B felony, punishable by up to 50 years in prison and fines of up to $1 million.Subsequent offense: Triple penalties (Iowa Code §124.401)

The penalties are more severe in the following situations:

• Sale or distribution to minors or someone three years younger than the defendant: Class B felony, with a mandatory minimum sentence of five years
• Within 1,000 feet of a public/private school, recreation area, pool, or school bus: Mandatory minimum sentence of 10 years (Iowa Code §124.401(B))

Defenses As with any other crime, actual innocence is a defense to heroin-related charges. Your criminal defense attorney may raise other defenses, including the following:

• Illegal search and seizure
• Lack of knowledge or possession
• Good Samaritan exception (911 immunity defense)

The good samaritan/911 immunity defense includes people who are helping in a drug overdose. The state will not charge you with drug possession if you are merely aiding someone in a drug-related medical emergency. (Iowa Code §124.418)

Alternate punishment available Like many states, Iowa maintains drug courts for some first- and second-time offenders. Drug court offers defendants the opportunity to attend drug treatment programs instead of significant jail time.

As shown above, selling heroin in Iowa could land you in prison for up to 50 years. You may also have to pay fines as high as $1 million. While these penalties can be extreme, some jurisdictions send drug crimes to specialized "drug courts." These programs allow first- and second-time offenders to attend treatment programs rather than face incarceration.

Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.

Do I Need a Lawyer if This is My First Offense?

Whether this is your first offense, or you have a criminal record, meeting with a lawyer can help. They'll work hard to craft a solid defense strategy and try to negotiate a favorable plea deal with the prosecutor.

If you're wondering if you need a criminal defense attorney, consider the following:

• Complex drug crimes usually need a lawyer
• Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
• Drug crime laws involve many specifics that can quickly change a case

Get tailored legal advice and ask a lawyer questions. Many Iowa drug crime attorneys offer free consultations for people facing criminal drug charges.