Iowa Sale of a Controlled Substance Laws & Penalties

All states, including Iowa, regulate and control the sale of controlled substances, though each state differs in its exact definitions and penalties. Iowa refers to drug sales as "delivery" and "distribution" offenses. Stiff penalties apply to these sale offenses, especially when aggravating factors are involved.

Understanding Drug Delivery and Distribution Charges in Iowa

Iowa law refers to drug sales as the unlawful delivery or distribution of a controlled substance, which includes any transfer—actual, constructive, or attempted—of illicit drugs from one person to another. It also includes possessing a drug with the intention of delivering it. So if a person possesses a large amount of drugs (more than for personal use) and has baggies, scales, or buyer lists, a jury could conclude the person was intending to sell the drugs.

The severity of the charges will depend on the type of drug and the amount involved, as well as any aggravating factors (such as selling to a minor). Iowa law imposes most penalties based on the specific type of drug involved. For drugs not listed, the penalties generally default to drug schedules.

How Iowa Classifies and Schedules Controlled Substances

Iowa divides controlled substances into five schedules—Schedules I to V. Schedule I drugs are considered the most dangerous and highly addictive, while Schedule V drugs are the least dangerous and the least addictive. Below are some examples of drugs placed into each schedule.

Schedule I drugs include heroin, MDMA, LSD, mescaline, and psilocybin.

Schedule II drugs include raw opium, codeine, oxycodone, morphine, cocaine, carfentanil, fentanyl, and meth.

Schedule III drugs include ketamine, pentobarbital, and testosterone.

Schedule IV drugs include barbital, diazepam, lorcaserin, and butorphanol.

Schedule V drugs include ephedrine, pseudoephedrine, and cough suppressants and other medicines containing low amounts of codeine or morphine.

For a complete list of scheduled drugs, consult Chapter 124 in the most recent version of the Iowa Code.

(Iowa Code §§ 124.204 to 124.212 (2025).)

Will You Go to Prison for Selling Drugs in Iowa?

It's possible. Most drug sales in Iowa are felonies that carry prison sentences ranging from 5 to 50 years, depending on the drug type and amount. First-time offenders may be eligible for probation in some cases.

Below are examples of drug sale crimes and penalties. Refer to the Iowa Code or consult with a lawyer for specific penalties.

Class B Felony Drug Delivery Offenses: 50-Year Maximum

Illegal sales involving the following drugs are considered class B felonies:

• more than 5 kilograms of a substance containing methamphetamine
• more than 500 grams of a substance containing cocaine
• more than 100 grams of a substance containing heroin
• more than 50 grams of a substance containing fentanyl
• more than 10 grams of a substance containing LSD, and
• more than 100 grams of PCP.

A conviction carries up to 50 years of prison time and a $1 million fine.

Class B Felony Drug Delivery Offenses: 25-Year Maximum

Illegal sales involving the following drugs are also considered class B felonies:

• between 5 grams and 5 kilograms of a substance containing methamphetamine
• between 100 and 500 grams of a substance containing cocaine
• between 5 and 100 grams of a substance containing heroin
• between 5 and 50 grams of a substance containing fentanyl
• up to 10 grams of a substance containing LSD, and
• between 10 and 100 grams of PCP

A conviction carries up to 25 years of prison time and a fine of $5,000 to $100,000.

Class C Felony Drug Delivery Offenses

Illegal sales involving the following drugs are also considered class C felonies:

• 5 grams or less of a substance containing methamphetamine
• 100 grams or less of a substance containing cocaine
• 5 grams or less of a substance containing heroin
• 5 grams or less of a substance containing fentanyl
• 10 grams or less of PCP, and
• any other amount of a schedule I, II, or III controlled substance not specifically covered by statutes.

A convicted defendant faces up to 10 years in prison and a fine of $1,000 to $50,000.

Class D Felony Drug Delivery Offenses

Illegal sale of 50 kilograms or less of marijuana or any amount of flunitrazepam is a class D felony, with penalties of up to 5 years of prison time and a fine of $1,025 to $10,245.

Misdemeanor Drug Delivery Offenses

Unlawful sale of a schedule IV or V drug is an aggravated misdemeanor, punishable by a period of incarceration of up to two years, a fine of $855 to $8,540, or both.

Selling, distributing, or making an ephedrine product available to someone knowing it may be used as a precursor to make an illegal substance is a serious misdemeanor, punishable by up to a year of jail time and a fine of $430 to $2,560

(Iowa Code §§ 124.401, 902.1, 902.9, 903.1 (2025).)

Does Iowa Have Mandatory Minimums for Drug Sale Convictions?

Drug sales that involve minors, weapons, injuries, or habitual offenders can result in harsh enhancements in Iowa. These enhancements include minimum sentences, increased maximum sentences, and parole eligibility minimums.

When a minimum sentence applies, the judge must impose a sentence between the set minimum and the maximum allowed. Laws that allow doubling or tripling of sentences increase the maximum sentence that a judge can impose. Some enhancements don't impact the minimum or maximum sentence that can be imposed, but rather, require an offender to serve a minimum percentage of their time before becoming eligible for parole.

Enhanced Penalties for Drug Delivery and Distribution Convictions in Iowa

Below are just a few of the sentencing enhancements that apply to drug sale convictions in Iowa.

Drug Delivery Involving Weapons or Resulting in Death or Serious Bodily Harm

Iowa judges can double or triple the sentence for a drug sale conviction when:

• the defendant possessed a firearm or offensive weapon (such as a machine gun or an explosive) during the offense, or
• the offense contributed to another's death or serious bodily harm.

Defendants convicted of these offenses don't qualify for probation or deferred sentences. They must also serve one-third of their sentence before becoming eligible for parole.

Drug Sales to Minors

Adults who sell or conspire to sell drugs to minors can face minimum sentences and enhanced sentences.

Conspiring. Conspiring with another to sell drugs to minors can result in double the sentence and no parole for 10 years if the offense is a class B or C felony. A repeat conviction is a class A felony.

Schedule I or II drugs. Adults who sell or possess schedule I or II drugs with the intent to sell to a minor face minimum sentences. A minimum sentence of 5 years applies, but if the offense occurred in a drug-free zone, the minimum increases to 10 years. Drug-free zones include being in, on, or within 1,000 feet of an elementary or secondary school, public park, public pool, public recreation center, or school bus.

Counterfeit drugs. Finally, the law imposes increased penalties for selling or possessing counterfeit drugs with the intent of selling them to minors as the real thing.

Felony Drug Sales to Adults in Drug-Free Zones

An adult who sells, or possesses with intent to sell, a schedule I, II, or III drug to another adult will have up to 5 years tacked onto their sentence if the crime took place in a drug-free zone (see definition above).

Repeat Drug Offenses

Judges can triple the sentence for a repeat drug offender. This enhancement applies to repeat sales and manufacturing offenses (not possession).

(Iowa Code §§ 124.401, 124.401A, 124.401D, 124.406, 124.411, 124.413, 902.8A (2025).)

What Happens If You're Charged With Drug Delivery in Iowa?

A person charged with drug delivery or distribution can be arrested and booked in jail. It's a good idea to ask to speak to a criminal defense lawyer before providing any information to authorities. A lawyer can also help you understand your bail options and represent you at the initial appearance.

Defendants (released or not) will need to go back before a judge for an arraignment to hear the formal charges and enter a plea. Defendants who don't have a lawyer at this point can ask for a public defender. You and your lawyer can then discuss your case, develop a defense strategy, and decide whether plea bargaining is a good idea. If you can't reach a plea agreement or get the case dismissed, the case may go to trial.

Check out this helpful Guide to Criminal Court Procedure from the Iowa Judicial Branch for more information.

Defenses to Drug Delivery and Distribution Charges in Iowa

In drug sale cases, a defense attorney may raise several arguments to challenge the prosecution's case. A prosecutor must prove every element beyond a reasonable doubt. Poking holes in the case can lead to an acquittal, dropped charges, or a reduction in charges.

Illegal Search and Seizure

A common defense strategy in drug cases is to challenge the legality of the search or seizure of the drugs. If the police conducted an illegal search, the judge will exclude the drugs as evidence, which usually is the prosecution's best evidence. No drugs often means no conviction.

No Delivery or Distribution

A defendant might argue that no delivery or distribution took place. Iowa law doesn't require that drugs physically exchange hands, so this can be a tough argument. But it's possible that the defendant merely possessed the drugs and no sale was involved. This scenario could reduce the charges.

Mistaken Identity

If someone identified the defendant as the drug dealer, the attorney might be able to argue a case of mistaken identity. For instance, a defendant might have a strong alibi and can establish being somewhere else at the time of the crime. It's also possible the eyewitness didn't get a good look at the defendant or mistook the defendant for the actual suspect.

Entrapment

Defendants targeted in a police sting might be able to argue entrapment as a defense. This defense requires proof that the police induced the defendant into committing a crime that the defendant was not inclined to do. Entrapment defenses can be tough to prove.

Immunity for Overdose Reporting

Iowa's overdose reporting law provides immunity from arrest and prosecution in drug sale cases only if the person shared the drug without profit. To benefit from these protections, the person making the call must act in good faith, be the first to seek assistance, provide their contact information to authorities, and remain on the scene until help arrives. (Iowa Code § 124.418 (2025).)

Getting an Attorney

If you've been charged with selling, delivering, or distributing drugs, talk to a criminal defense attorney as soon as possible. Ask for a public defender if you can't afford an attorney.