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. possession of drug paraphernalia for the needle or sharp object, or for residual amounts of a do not hesitate to retain a skilled Temporary Matters possession of marijuana or some 124.406 Distribution to person under age eighteen. Penalties for hashish are the same as for marijuana except in one circumstance. not mean that they are possessing drug paraphernalia. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. For certain drugs, penalties for a first-time offender are as much as 20 years and a $1 million fine. Other common examples include: As a misdemeanor federal offense, a drug paraphernalia charge can result in as much as a 3-year sentence and fines. Possession with intent to sell large amounts of marijuana can lead to an automatic drivers license suspension. Under Iowa Code 124.414, drug paraphernalia includes any instrument used to make, use, analyze, or enhance the effects of a drug. League of Women Voters of Iowa. Possession of drug paraphernalia. Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Sioux City, IA that can defend you against your drug-related charges. This information is not intended to create, and receipt The citing of Christopher James Loerzel stemmed from the stop of a westbound 2003 Dodge pickup for speeding on Highway 9 about two miles east of Rock Rapids, according to the Iowa State Patrol. There was a substantial amount of drugs, drug residue, and drug paraphernalia throughout the home. Distribution or cultivation of more than 100 and up to 1,000 kilograms of marijuana is a felony and is punishable by a maximum fine of $100,000 and up to 25 years of imprisonment. Possession ofdrug paraphernalia is a simple misdemeanor in Iowa, which means that the maximum penalty is 30 days in the county jail. Tort The attorneys of McCarthy & Hamrock, P.C. Possession, distribution, or manufacture of marijuana paraphernalia is misdemeanor and is punishable by a fine of up to $1,000 and/or up to six months imprisonment. Her bond is $2,000. If in the immediate possession or control of an offensive weapon while participating in a The judge has no power to sentence the defendant to less time than the mandatory minimum. criminal defense lawyer who can help protect your rights. Kidnapping DCFS Gun Rights Home Criminal Defense Drug Charges Drug Paraphernalia. Felony When the evidence is (1) Manufacture a controlled substance. Possession of drug paraphernalia is considered a simple misdemeanor, which means a convicted individual could face a fine and . For example, sandwich baggies are used to transport marijuana or other 124.506 Controlled substances disposal. under Iowa law. A skilled attorney can use many possible defenses to have charges reduced or dropped. Distribution or cultivation of more than 50 and up to 100 kilograms of marijuana is a felony and is punishable by a maximum fine of $50,000 and up to 10 years of imprisonment. 124.204 Schedule I substances included. Any person violating this section is guilty of a class C felony. all equipment, products, or materials of any kind used or Essentially, paraphernalia is anything you possess to use, transport, or make But if Iowa were serious about drug policy, here's what it would look like: ' House File 163 would reduce the penalty for possession of marijuana or drug paraphernalia to a civil penalty carrying . 124.403 Prohibited acts controlled substances, distribution, use, possession records and information penalties. 124.551 Information program for drug prescribing and dispensing. Puryear Law is a general law practice. Possession of drug paraphernalia can also be charged if a device for using drugs is found. Even something such as a baggie can be considered drug paraphernalia. What is drug paraphernalia? Possessing any amount of cannabis in the state of Iowa is a punishable offense. 3. Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. The information on this website is for general information purposes only. On June 1, Garmon and Delton Williams, 18, a senior at Cathedral Preparatory School, were charged with simple possession of marijuana and possession of drug paraphernalia, both misdemeanors. Individual states have unique guidelines that spell out the legality of possession of paraphernalia and other related offenses. Chapter 161 was renumbered Chapter 961 by 1995 Wisconsin Act 448. ?:0FBx$ !i@H[EE1PLV6QP>U(j (a) (1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest . Paraphernalia. 124.404 Penalties under other laws. to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or. intentionally and primarily do any of the following: (2)Inject, ingest, inhale, or otherwise introduce into NICS_LegalResearch@fbi.gov> to make these determinations. Possession and Criminal Penalties. . %%EOF Iowa Code 124.410; Paraphernalia. (2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. West Des Moines, The attorneys at McCarthy & Hamrock, P.C. Failure to do so may result in a fine and/or criminal sanction. Browse our recent case results to make, sell, or possess drug paraphernalia. We can review your unique circumstances and help you decide the best way to move forward. When combined with other drug charges, the offender can face serious consequences. Possessing even the smallest amount can be charged as a fifth-degree felony. best interests. III. Juvenile Abuse/Neglect to knowingly or intentionally and primarily do any of the following:" Manufacture a controlled substance; Inject, ingest, inhale, or otherwise introduce into the human [] 124.504 Cooperative arrangements and confidentiality. Remember, the drug paraphernalia must be used for illegal substances. In Iowa, the criminal penalties for CDS possession depend on whether the violation is a first or subsequent conviction. Alcohol Domestic Violence 73 0 obj <> endobj Police Brutality 124.212B Pseudoephedrine sales tracking penalty. 3. 19-03.4-05. Iowa code states, "If in the immediate possession of a firearm while participating in a violation of 124.401 (controlled-substance charges), the penalty shall be 2 times the term otherwise imposed . This is probably the most important factor that the county attorney overlooks. @Rt CXCP%CBH@Rf[(t CQhz#0 Zl`O828.p|OX Third offense is an aggravated misdemeanor = Up to 2 years in jail and . substance, except those items used in combination with the URL: /DOCS/IACODE/2001/124/414.html Iowa classifies Marijuana and Tetrahydrocannabinols separately as hallucinogenic substances in Schedule 1 of the Iowa Controlled Substances Schedule. WICHITA, Kan. (KSNW) The Kansas Bureau of Investigation (KBI) arrested nine people after a search warrant found meth and other drug paraphernalia at a house in Independence. 1.) Arson Comments about this site or page? Criminal History Offenders who are chronic abusers of marijuana may be sent to rehab. Methamphetamine and drug paraphernalia were found at the residence. . The purpose of this ordinance is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia as defined herein. The system can be confusing, and you need to fully understand your options when making decisions about your future. It can often be shown that marijuana paraphernalia is for tobacco or that certain items have lawful household uses. intentionally or knowingly is punishable by up to 30 days in jail and/or Includes such things as: pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, bongs, cut straws, baggies, etc. OELWEIN - A Northern Iowa couple was arrested in a traffic stop for drunk driving and illegal drug possession. One criminal charge that can be levied against an individual is possession ofdrug paraphernalia. Marijuana paraphernalia includes any items used in the cultivation, harvesting, processing, testing, analysis, storage, or use of marijuana. Child Neglect 1. a. b. Domestic Abuse To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; To test the strength, effectiveness, or purity of a controlled substance; To enhance the effect of a controlled substance. Whats the Difference Between DUI, OWI, DWI, OVI. Top area attorney because of his long-time familiarity and success in Grove Hill. endstream endobj 74 0 obj <> endobj 75 0 obj <> endobj 76 0 obj <>stream 3.5. PACER In Iowa, methamphetamine charges can be either misdemeanors or felonies and carry varying penalties depending on the charge. Spying endstream endobj startxref 124.416 Exception to restrictions on bail. 124.502 Administrative inspections and warrants. Under CRS 18-18-428, having possession of drug paraphernalia is a drug petty offense in Colorado.The penalty is a fine of up to $100 but no actual jail time.. and successfully resolving their cases. With nearly 50 years of combined legal experience, McCarthy & Hamrock, P.C. On May 1, 2015, Iowa Governor Terry Branstad signed Iowa Senate File 385 into law, which was unanimously passed by both chambers of the Iowa Legislature. @+pWoZ4iRKME^ME^MVl*MTT( ) ) ) ) )V}}](7C/8wvT-* If the sale to a minor occurs within 1,000 feet of a park, elementary school, middle school, or marked school bus a mandatory minimum term of 10 years will apply. Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Cedar Rapids, IA that can defend you against your drug-related charges. We can review your unique circumstances and help you decide the best way to move forward. Any amount of the controlled substance can constitute "possession" This site is protected by reCAPTCHA and the Google, There is a newer version of the Iowa Code, SUBTITLE 1 ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES. The drug paraphernalia statute, U.S. Code Title 21 Section 863, makes it "unlawful for any person to sell or offer for sale drug paraphernalia; to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or to import or export drug paraphernalia." But just because someone has an empty baggie in their possession does seek guidance from Feld Law Firm as soon as possible. Penalties for Drug Paraphernalia Charges In Iowa. In addition, the convicted offender will have a mark added to their criminal record, which can interfere with future employment and education opportunities. Get free summaries of new opinions delivered to your inbox! If a person over the age of 18 distributes marijuana to someone under the age of 18 this constitutes a felony punishable by a maximum fine of $100,000 and up to 25 years of imprisonment, in addition a mandatory minimum term of five years will apply. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 McCarthy & Hamrock, P.C. An attorney at your side can help you navigate the daunting task of a criminal offense. . A person who violatesthis sectioncommits a simple misdemeanor. 140; 1995 a. Iowa Code 124.401 (5). No. Copyright 2023 Iowa Interstate Drug Lawyer. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. b?AxJ! >+V#UiVYARcoY0{6hj?J38#A FAMQcN++wWH{.9:BEvg$+s^.` x There are many items and actions that may result in a drug paraphernalia charge at either a state or federal level. Mr. . other possession of a controlled substance, as there are almost always traces of the controlled substance on the 124.415 Parental and school notification persons under eighteen years of age. 124.401A Enhanced penalty for manufacture or distribution to persons on certain real property. General provisions. hn1_RoUI I(&pJ"H;$-rax{lNF\B4'ND$`g8G3e`9R$QHpFu$8EfrvF;DP>(]l B1XZ$FXz-C>]mLCpF;l"Bnt.4zXqO Vu@6Z`b:2|2 Af?|QK)+*` % In this article, we will tell you the 7 things you need to know about drug possession charges. As used in this section, "drug paraphernalia" means Time is important in preparing a defense for possession of drug paraphernalia, so dont hesitate to take the first step in securing your future. However, they do allow smoking paraphernalia when it can be used for tobacco. 50266 Under Iowa law, this phrase has a broad meaning. paraphernalia. Suite 208 The provisions of this section and of 18.2-265.3 shall not apply to (i) a person who possesses or distributes controlled paraphernalia on behalf of or for the benefit of a comprehensive harm reduction program established pursuant to 32.1-45.4 or (ii) a person who possesses controlled paraphernalia obtained from a comprehensive harm . @~ (* {d+}G}WL$cGD2QZ4 E@@ A(q`1D `'u46ptc48.`R0) 124.101A Administration of controlled substances delegation. It is classified as a misdemeanor and the maximum penalty is $500.00 for a first offense and $2,000.00 fine and 2 years incarceration, or both for a second or subsequent offense. Drug Paraphernalia. Attorney listings are paid attorney advertisements and do not in any way constitute a referral or endorsement by iowainterstatedruglawyer.com. to import or export drug paraphernalia. A first conviction is a serious misdemeanor. Drug Trafficking Lawyer Des Moines IA | Drug Trafficking Attorney Des Moines IA. Second offenders are subject to a maximum fine of $2,560 and/or up to one year of imprisonment. (2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. (4) Enhance the effect of a controlled substance. 124.414 Drug paraphernalia. (1981, c. 500, s. 1; 1993, c. 539, 1 People who use drugs or unsafe substances may use or adapt everyday household items for these purposes. Call (515 . Under the federal statute, the maximum sentence for selling paraphernalia is three years, plus a fine. 1. Drug Trafficking Lawyer Cedar Rapids IA | Drug Trafficking Attorney Cedar Rapids IA. Penalties for Possession of Drug Paraphernalia Iowa. If you are looking for a lawyer to defend you against criminal charges, Under state law, penalties can vary. six months in jail, and/or; a fine of up to $1,000. Appeal (4) Enhance the effect of a controlled substance. Contact us online or at (515) 996-4441 to get started. H!Izy1TW/98U3G]& (WNalbG}~| Q9iim.?|^Xt_-gS:VR#BmZ}XVNK{rgAoL&&YA+f/^ IAtJ 6(K&xz`=,fK7fHhpBIL'z. {{{;}#tp8_\. MFk t,:.FW8c1L&9aX: rbl1 When Iowans think ofdrug charges, they often conjure images of people who engage in drug possession and distribution. Criminal Record scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors to possess such testing equipment or distribute such testing equipment to a person who intends to introduce a controlled substance into his or her body. 124.401F Prohibitions on tampering with, possessing, or transporting anhydrous ammonia or anhydrous ammonia equipment. A simple possession could result in up to three years in prison and fines between $1,000 and $250,000. If you have been charged with possession of drug paraphernalia, you should 124.201 Duty to recommend changes in schedules. Time is important in preparing a defense for possession of drug paraphernalia, so don't hesitate to take the first step in securing your future. in the baggie, then it may be fair to say the baggie is drug paraphernalia. minimum of $250 and a maximum fine of $1,500, and you may even be imprisoned The punishment can be a fine in the amount of $75 to $625 and/or imprisonment for up to 30 days. 1.a. 124.212C Pseudoephedrine advisory council electronic monitoring. Paraphernalia is considered all equipment, products, or materials of any Felisha Usher, 25, of Onawa, has been charged with possession of marijuana and possession of drug paraphernalia. Maryland Criminal LawCR 5-619 (c) (1) defines the crime of CDS: Possession of Paraphernalia. No suspension. The federal definition of paraphernalia is very general: any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.. Sample. Child Support Possession, distribution, or manufacture of paraphernalia, Sponsoring, promoting, or assisting in a gathering where marijuana will be used, distributed, or possessed. Domestic Assault All drug charges are serious and should be treated as such. A consent search of the car was conducted . Kansas (SB 112) reduced the severity level for unlawful possession for drug paraphernalia from a class A to a class B . A person eighteen years of age or over may not deliver drug paraphernalia, in violation of this chapter, to a person under eighteen years of age who is at least three years the deliverer's junior. 0 124.403 Prohibited acts controlled substances, distribution, use, possession records and information penalties. If the officer also finds marijuana, the crime of possession of marijuana can be charged. needles or syringes if manufactured, delivered, sold, or As used in this article, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are either designed for use or which are intended by the person charged with violating 18.2-265.3 for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength . 2. Use the form below to submit your request for our office to review your information and contact you to schedule an initial consultation with one of our attorneys. kind used or attempted to be used with a controlled substance unlawfully. Michael Edward Eber Hoover made an initial appearance on a possession of drug paraphernalia charge and an interference with official acts charge. Court Information For example, one common item that people typically associate with drug use (specifically marijuana) is a bong.Another product that is often thought of in connection . Federal Court 124.407 Gatherings where controlled substances unlawfully used penalties. A first offense conviction for the possession of a controlled substance For instance, Ziploc bags are probably used by a majority of households, but if an officer suspects that they are being used for distributing or manufacturing drugs, they can be used as evidence of drug paraphernalia. (Iowa Code Ann. Court March 1. The law states that you. It's illegal to have an item to grow, manufacturer, package, store, or hide a controlled substance. A news release . 3. Under Iowa Code sections 124.414(1)(a) and 124.414(1)(b), the term drug paraphernalia is defined to include equipment or materials that one intends to use, or knows is intended to be used, primarily for any of the following purposes: However, drug paraphernalia does not include any equipment or material used in combination with the lawful use of a controlled substance, or the otherwise lawful use of that equipment or material. Viewing this Website or even contacting us does not create an attorney-client relationship. 124.213 Pseudoephedrine purchase restrictions from pharmacy or retailer penalty. 579.074. 16-0122 Filed May 3, 2017 STATE OF IOWA, Plaintiff-Appellee, vs. . *1 J "6DTpDQ2(C"QDqpIdy~kg} LX Xg` l pBF|l *? Y"1 P\8=W%O4M0J"Y2Vs,[|e92se'9`2&ctI@o|N6 (.sSdl-c(2-y H_/XZ.$&\SM07#1Yr fYym";8980m-m(]v^DW~ emi ]P`/ u}q|^R,g+\Kk)/C_|Rax8t1C^7nfzDpu$/EDL L[B@X! DHS %PDF-1.7 124.401E Certain penalties for manufacturing or delivery of amphetamine or methamphetamine. It is unlawful for any person to knowingly or lawful use of a controlled substance, to knowingly or The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Appropriately defending one's self requires a firm grasp of the law and aggressive legal arguments, though, which is why Iowans who find themselves facing criminal allegations should consider seeking help from a criminal defense attorney. 124.402 Prohibited acts distributors registrants proprietors penalties. the officers executed the warrant. This Article shall be known and may be cited as the "North Carolina Drug Paraphernalia Act." (1981, c. 500, s. Most of the time, it is considered a misdemeanor, though certain circumstances can increase it to a felony paraphernalia charge, especially at a state level. x:Q"(*(*(*V,' hbbd``b`V@ $DA A3Huq-A,9 $ !xF 1995 s. 961.571; 2021 a. Since possession of drug paraphernalia is often accompanied by other drug charges, though, it can sometimes be used as a bargaining chip when negotiating lesser penalties. In the state of Indiana, for example, possessing less than 5 grams would result in a Level 6 . As used in this section, "drug paraphernalia" means all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any . Police Misconduct It encompasses materials, products and equipment that are intentionally used to manufacture, use, test or enhance the effects of narcotics. At Feld Law (1) Any person 17 years of age or over who violates s. 961.574 (1) by delivering drug paraphernalia to a person 17 years of age or under who is at least 3 years younger than the violator may be fined not more than $10,000 or imprisoned for not more than 9 months or both. jhf, 2001 Cornell College and Iowa may have more current or accurate information. possession of methamphetamine (third offense), in violation of section 124.401(5). Emergency Injunction your best interests in the matter. Martin was evaluated by a sheriff's deputy and later arrested on suspicion of driving under the influence, according to the sheriff's report. On February 12, 2023, at approximately 2:10 AM, the Fayette County Sheriff's Deputy stopped a vehicle for a traffic infraction at the intersection of 1st Avenue NE and 5th Street NE, Oelwein, Iowa. Copyright 2023 NORML and The NORML Foundation, Researchers reported both medical and adult-use legalization laws were linked with overall declines in pedestrian fatalities, including declines in alcohol-related fatalities., Justice Department Website Opens Portal for Those Seeking Presidential Pardon Certificates, Op-Ed: Cannabis Legalization Is Overdue in Delaware, To a minor within 1000 feet of a park, elementary or middle school, or school bus, Distribution includes possession with intent to distribute. 1. a. 121; 1991 a. Additional information regarding cannabinoids and proposed per se limits is available online. It is important to remember that drug paraphernalia crimes can involve the use of any type of controlled substance. intentionally manufacture, deliver, sell, or possess drug . for a clearer picture of the quality of our service. a fine of up to $855 fine. conviction for the possession of controlled substances has a fine of a Child Abuse 2001 Cornell College and A person who violates this section commits a simple No attorney-client relationship is formed through your use of this website, Possession of Drug Paraphernalia Charges in Illinois, Social Security, Disability, and Workers Compensation, Consult with an experienced lawyer today . A first offense Effective date: July 9, 1996. Contact our Des Moines drug paraphernalia possession attorneys at (515) 996-4441 today to schedule a free consultation with our team in Polk County. Every state criminalizes driving under the influence of a controlled substance. Direct all comments concerning legislation to State Legislators. Distribution or cultivation of more than 1,000 kilograms of marijuana is a felony and is punishable by a maximum fine of $1,000,000 and up to 50 years of imprisonment. Although the penalties related to a drug paraphernalia conviction are much less than those involved in drug possession and drug trafficking, they are still penalties that can affect an individual's reputation. If you or a loved one is facing drug paraphernalia charges and would like to put them behind you so you can move on with your life, please contact one of the lawyers listed on Iowa Interstate Drug Lawyer and request your free case evaluation today. 90-113.21. For example, in Ohio drug paraphernalia possession is a fourth-degree misdemeanor (punishable by up to 30 days of jail time plus a fine of up . See our full disclaimer HERE. If you or a loved one has been arrested for possession of drug paraphernalia, contact our office immediately at 1-800-342-7896. Hoover pleaded guilty to . Any possession, distribution or manufacture of marijuana paraphernalia is a misdemeanor in Iowa, and the maximum possible penalty is 6 months in jail and $1000 in fines. (4)Enhance the effect of a controlled substance. Penalties for Iowa Marijuana Possession. You're all set! . possessed for a lawful purpose. 961.575 Delivery of drug paraphernalia to a minor. What is Drug Paraphernalia? have a serious impact on your ability to obtain or keep a job. Bills or resolutions were introduced in 2018 in Alaska California, Georgia, Iowa, Massachusetts Michigan, New Jersey, and Pennsylvania call on Congress to reschedule or otherwise allow state authority for marijuana policy. If you have been charged with possession of drug paraphernalia in Des Moines, the criminal justice system, Feld Law Firm can fight for you and your Some items that are considered drug paraphernalia include: The important factor is whether the items were used in relation to drugs. In these cases, the charge could be bumped up to a possession charge. <> Distribution of marijuana includes possessing marijuana with the intent to distribute it. Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. Purpose. Additional research is recommended to be conducted on the following scenarios to determine Possessing three grams to 15 grams is a third-degree felony with the standard prison sentence ranging from nine to 36 months in jail . Read further information about cannabinoids and their impact on psychomotor performance. 1 CONTROLLEDSUBSTANCES,124.414 124.414 Drugparaphernalia. (a) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use, is guilty of a Class A . Nothing on this site should be taken as legal advice for any individual As a misdemeanor federal offense, a drug paraphernalia charge can result in as much as a 3-year sentence and fines. The arrest of Jordan Lee Wichers stemmed from the stop of a 2008 Mercury Mariner for an expired registration on West Seventh Street near First Avenue, according to the Sheldon . Dont risk your future on an inexperienced attorney. If youve been charged with possession of drug paraphernalia in Polk County or Dallas County, Iowa, call us today at (515) 279-9700 to schedule your free consultation. IA In addition, the presence of drugs can make any items that maybe have been used in their production suspect to a paraphernalia charge. SRCR082610, Iowa City, Johnson County Drug Possession Charges Dropped. Sponsoring, promoting, or assisting in the sponsorship or promotion of a gathering with the knowledge that marijuana will be used, distributed, or possessed at that event is a misdemeanor punishable by a maximum fine of $2,560 and/or up to one year of imprisonment. Sign up for our free summaries and get the latest delivered directly to you. Bribery Jason Yanak, 35, of Onawa, has a $300 bond for a charge of . First conviction. xwTS7PkhRH H. Disclaimer: These codes may not be the most recent version. You can explore additional available newsletters here. Sample. This disclosure is required by the Supreme Court of Iowa. Other drug paraphernalia offenses are defined in 961.574, manufacture or delivery of drug paraphernalia; 961.575, delivery of drug paraphernalia to a minor; and 961.576, advertisement of drug paraphernalia. 19-03.4-06. We are here to represent 2. Are dab pens legal in Iowa? However, any amount of an illegal or controlled substance qualifies as a felony and paraphernalia are usually discovered along with drug residue or the raw, unconsumed substance.