Policy Manual

Both state and federal laws prohibit distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. Specific drugs, amounts, and penalties are described in Iowa Code  124.401(1) Specific drugs, amounts, and penalties are described in  21 USC 841(b). State and federal legal sanctions are subject to change by the General Assembly and Congress, respectively.

1. Penalty Enhancement. The maximum term and fine increase significantly if state or federal penalty enhancement rules apply. Factors which raise maximum penalties under federal penalty enhancement rules include death or serious bodily injury; prior drug conviction; placing at risk or distributing a drug to a person under 21 years old; using a person under 18 years of age to assist in the drug violation; and distributing or manufacturing a drug within 1,000 feet of school property, including The University of Iowa campus. Penalty enhancement rules apply to defendants 18 years or older. Factors which raise maximum penalties under state penalty enhancement rules include using firearms or dangerous weapons in the commission of the offense.
2. Possession. Both state and federal laws prohibit possession of a controlled substance. The maximum state and federal penalty for possession is confinement for one year and a fine of $1,500. The maximum term and fine increase significantly in the event that state or federal penalty enhancement rules apply. In addition, a person in possession of a small amount of a controlled substance for personal use may be assessed a civil fine up to $10,000 in addition to any criminal fine.
3. Driving While Intoxicated. Under state law, a person found guilty of operating a motor vehicle while under the influence of drugs or alcohol (blood concentration of .08 or greater) shall be imprisoned for not less than 48 hours and fined not less than $500 for the first offense. For the second Operating While Intoxicated (OWI) offense the minimum period of confinement is seven days and a fine of not less than $750. The minimum period of confinement for the third or subsequent OWI convictions is thirty days and could be up to one year, with a fine of not less than $750.
   
   The driver's license of an individual under 21 years of age who is found guilty of operating a motor vehicle with a blood alcohol concentration of .02 percent or more is subject to a 60-day suspension even if the individual is not legally intoxicated. For individuals convicted of OWI, the period of suspension is 180 days or more regardless of age.
4. Alcohol-Related Offenses. Under state law, the drinking age is 21. State law prohibits:
   1. public intoxication;
   2. driving a motor vehicle with an unsealed receptacle containing an alcoholic beverage in the vehicle;
   3. giving or selling an alcoholic beverage to anyone intoxicated; and
   4. possession of an alcoholic beverage under legal age.
5. The City of Iowa City prohibits:
   1. consumption of an alcoholic beverage in a public place; and
   2. possession of an unsealed receptacle containing an alcoholic beverage in a public place.
   Each of these offenses is a simple misdemeanor, punishable by a fine of up to $100 or a jail sentence of up to 30 days. For certain offenses, state law provides for mandatory fines and suspension of driver's licenses. For example, the mandatory fine for under-age possession of alcohol is $100 for a first offense and $200 for a second offense. A person who gives, sells, or furnishes an alcoholic beverage to a person under the legal age commits a serious misdemeanor and is subject to a fine of between $500 and $1,500 and in addition may be sentenced to jail for up to one year. If injury results from the furnishing of alcohol, an aggravated misdemeanor is committed, and the guilty person is subject to a fine of between $500 and $5,000 and in addition may be sentenced up to two years in prison. If death results from the furnishing of alcohol, a class D felony is committed, and a guilty person may be sentenced to a prison term not to exceed five years.