Iowa criminal charge
Prohibited acts in Iowa
Prohibited acts is a criminal offense under Iowa law, defined by Iowa Code § 124.401. Its classification is not fixed: Iowa assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Iowa Code § 124.401.
How is prohibited acts classified in Iowa?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Manufacture/deliver/possess with intent — large quantity (heroin, cocaine, PCP, LSD, marijuana, methamphetamine, fentanyl, etc.) | Class “B” Felony | Violation involving the highest-quantity thresholds listed (e.g., more than 100g heroin, 500g cocaine, 1000kg marijuana, 50g fentanyl, etc.) is a class B felony punishable by up to fifty years and a $1,000,000 fine. | Iowa Code § 124.401(1)(a) |
| Manufacture/deliver/possess with intent — mid-high quantity | Class “B” Felony | Violation involving mid-to-high quantities below the (1)(a) thresholds (e.g., 5-100g heroin, 100-500g cocaine, 100-1000kg marijuana, 5g-50g fentanyl) is a class B felony with a fine of $5,000 to $100,000. | Iowa Code § 124.401(1)(b) |
| Manufacture/deliver/possess with intent — mid-low quantity or schedule I/II/III substances generally | Class “C” Felony | Violation involving lower quantities (e.g., 5g or less heroin, 100g or less cocaine, 50-100kg marijuana) or any other schedule I, II, or III substance not otherwise specified is a class C felony with a fine of $1,000 to $50,000. | Iowa Code § 124.401(1)(c) |
| Manufacture/deliver/possess with intent — schedule IV or V substances | Aggravated Misdemeanor | Violation involving other controlled substances classified in schedule IV or V is an aggravated misdemeanor. | Iowa Code § 124.401(1)(d) |
| Manufacture/deliver/possess with intent — small marijuana quantity or flunitrazepam | Class “D” Felony | Violation involving fifty kilograms or less of marijuana or involving flunitrazepam is a class D felony instead of an aggravated misdemeanor. | Iowa Code § 124.401(1)(d) |
| Sale/distribution of ephedrine or pseudoephedrine precursor products | Serious Misdemeanor | Selling, distributing, or making available a product containing ephedrine or pseudoephedrine knowing or having reason to know it may be used as a drug precursor is a serious misdemeanor. | Iowa Code § 124.401(3) |
| Possession of precursor chemicals with intent to manufacture | Class “D” Felony | Possessing any listed precursor chemical (e.g., ephedrine, pseudoephedrine, anhydrous ammonia, lithium, iodine, etc.) with intent that it be used to manufacture a controlled substance is a class D felony. | Iowa Code § 124.401(4) |
| Simple possession of controlled substance — first offense | Serious Misdemeanor | Knowingly or intentionally possessing a controlled substance without valid prescription or authorization is a serious misdemeanor for a first offense. | Iowa Code § 124.401(5)(a) |
| Simple possession of controlled substance — second offense (prior conviction) | Aggravated Misdemeanor | A person who violates subsection (5)(a) and has one prior conviction under this chapter or chapters 124B, 453B, or former 124A is guilty of an aggravated misdemeanor. | Iowa Code § 124.401(5)(a) |
| Simple possession of controlled substance — third or subsequent offense | Class “D” Felony | A person who violates subsection (5)(a) and has two or more prior convictions under this chapter or chapters 124B, 453B, or former 124A is guilty of a class D felony. | Iowa Code § 124.401(5)(a) |
| Simple possession of marijuana — repeat offense | Aggravated Misdemeanor | Possession of marijuana under subsection (5) where the person has two or more prior marijuana-possession convictions under this subsection is an aggravated misdemeanor. | Iowa Code § 124.401(5)(b) |
Common questions about prohibited acts in Iowa
Is prohibited acts a felony or a misdemeanor in Iowa?
It depends on the circumstances: prohibited acts ranges from a Serious Misdemeanor to a Class “B” Felony in Iowa under Iowa Code § 124.401.
Manufacture/deliver/possess with intent — large quantity (heroin, cocaine, PCP, LSD, marijuana, methamphetamine, fentanyl, etc.): Class “B” Felony (Iowa Code § 124.401(1)(a)) · Manufacture/deliver/possess with intent — mid-high quantity: Class “B” Felony (Iowa Code § 124.401(1)(b)) · Manufacture/deliver/possess with intent — mid-low quantity or schedule I/II/III substances generally: Class “C” Felony (Iowa Code § 124.401(1)(c)) · Manufacture/deliver/possess with intent — schedule IV or V substances: Aggravated Misdemeanor (Iowa Code § 124.401(1)(d)) · Manufacture/deliver/possess with intent — small marijuana quantity or flunitrazepam: Class “D” Felony (Iowa Code § 124.401(1)(d)) · Sale/distribution of ephedrine or pseudoephedrine precursor products: Serious Misdemeanor (Iowa Code § 124.401(3)) · Possession of precursor chemicals with intent to manufacture: Class “D” Felony (Iowa Code § 124.401(4)) · Simple possession of controlled substance — first offense: Serious Misdemeanor (Iowa Code § 124.401(5)(a)) · Simple possession of controlled substance — second offense (prior conviction): Aggravated Misdemeanor (Iowa Code § 124.401(5)(a)) · Simple possession of controlled substance — third or subsequent offense: Class “D” Felony (Iowa Code § 124.401(5)(a)) · Simple possession of marijuana — repeat offense: Aggravated Misdemeanor (Iowa Code § 124.401(5)(b))
Which Iowa statute covers prohibited acts?
Prohibited acts is governed by Iowa Code § 124.401 (Prohibited acts — manufacture, delivery, possession — counterfeit substances, simulated controlled substances, imitation controlled substances — penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.