by Attorney Eric D. PuryearIn Iowa, methamphetamine charges can be either misdemeanors or felonies and carry varying penalties depending on the charge. For simple possession of methamphetamine without the intent to deliver, the State would have to prove that the offender knowingly possessed a controlled substance that was methamphetamine. A first-time offender is charged with a serious misdemeanor, which carries minimum penalties of 2 days in jail and a $315 fine to maximum penalties of 1 years in jail and an $1875 fine. A second-time offender is charged with an aggravated misdemeanor for simple possession, which carries minimum penalties of 2 days in jail and a $625 fine and maximum penalties of 2 years in prison and a $6250 fine. A third-time offender is charged with a class D felony for simple possession, which carries minimum penalty of a $750 fine and maximum penalties of 5 years in prison and a $7500 fine.
It is also unlawful for an offender to manufacture, deliver, and possess with the intent to deliver methamphetamine, which are all felonies whose punishments depend upon the amount of methamphetamine involved. The manufacture, delivery, or the possession with intent to deliver more than 5 kilograms of methamphetamine is a class B felony, which is punishable by up to 50 years in prison and a $1 million dollar fine. The manufacture, delivery, or the possession with intent to deliver between 5 grams and 5 kilograms of methamphetamine is a class B felony, which is punishable up to 25 years in prison and a fine of $5000 up to $100,000. The manufacture, delivery, or the possession with intent to deliver less than 5 grams of methamphetamine is a class C felony, which is punishable up to 10 years in prison and a fine of $1000 up to $50,000. The manufacture, delivery, and possession with the intent to deliver methamphetamine also carries a minimum one-third sentence, which is one-third of the maximum prison sentence imposed.