Stand Up To Charges With Help From A Des Moines Drug Crime Defense Attorney

Last updated on August 11, 2025

Drug charges are a serious, tangled and complicated business. There are various layered aspects to drug charges and legal defense, especially the issues of constitutional search and seizure. You need a Des Moines drug crime defense attorney who can fight for you if prosecutors charge you with marijuana or other drug charges – a local attorney who knows this area and the law and can help you navigate the charges they bring against you.

Our Des Moines drug crime defense attorneys will fight for your defense against drug charges. We always work with the client to build the best personalized defense strategy for them. If you are looking for someone who knows how to handle the complicated aspects of drug charge defense and someone who will fight tooth and nail to defend you, then you’ve come to the right firm.

Drug Charges Can Be Fought

Whether authorities charged you with a drug offense involving marijuana or other drugs in Iowa, we can help. The average person in West Des Moines doesn’t realize the plethora of legal defense possibilities available to them, and that’s where we come in. Our Des Moines drug crime defense attorneys will thoroughly review the evidence and the prosecution’s claims and use that information to determine possible strategies for you to consider. For example, we could recommend negotiating a fair plea bargain or challenging the charges at trial. Every case is unique, and so we tailor our advice to your particular circumstances.

Common Drug-Related Offenses In Iowa

The following are some of the most common drug-related offenses in Iowa.

• Possession of controlled substances: This charge applies when an individual is found to have a controlled substance on their person, in their vehicle, or within their home. The severity of the charge often depends on the type and quantity of the substance involved, as well as prior offenses.
• Possession of controlled substances with intent to deliver: Police charge this offense when the quantity of a controlled substance you possess, coupled with surrounding circumstances such as packaging or large amounts of cash, leads to a suspicion of distribution or delivery. This charge carries significantly harsher penalties than simple possession due to the implied intent to traffic drugs.
• Drug tax stamp violations: In Iowa, if the amount of a controlled substance you possess reaches or exceeds a certain threshold, the state can add the charge of “failure to affix an Iowa state drug tax stamp.” This is a Class D felony and can result in additional fines and prison time, as it implies an attempt to evade state taxes on illegal substances.

States have varying rules, so out-of-state visitors may **find Iowa’s rules surprising**. If you’re facing charges and you’re not a resident of the state, it’s advisable to hire the services of a Des Moines drug crime defense attorney, like one from our firm.

There are many drug offenses involving drugs such as:

• Marijuana
• Cocaine
• Methamphetamine
• Heroin
• LSD and magic mushrooms
• Prescription drugs

Prescription drug violations can include fraudulent prescriptions and misuse of drugs like fentanyl, OxyContin, Vicodin, Xanax, Benzedrine and others. Drug charges range from simple possession of a relatively small quantity of drugs to participation in an interstate manufacturing and trafficking scheme.

The Des Moines drug crime defense attorneys at Spellman Law, P.C., have experience working throughout the state of Iowa, handling many felony-level offenses where prison time is a possibility and lower-level misdemeanor charges that could still result in a jail sentence and other penalties. We can represent you in federal or state court.

You don’t have to live in Iowa for authorities to arrest you on drug charges here. We can represent you if you are an out-of-state resident who the police arrested while passing through the state and charged with a crime. Our team of Des Moines drug crime defense attorneys understands the challenges faced by out-of-state defendants.

Understanding Iowa’s Controlled Substances Schedules

In Iowa, the law categorizes controlled substances into five distinct schedules, each defined by the substance’s potential for abuse, accepted medical use and the degree of dependence they may cause. These schedules are crucial for understanding the legal implications surrounding drug possession, distribution and manufacturing.

• Schedule I substances are seen as the most hazardous, having a high potential for misuse and no recognized medical applications. Examples include heroin, LSD and ecstasy. Because of their classification, possessing or distributing Schedule I drugs can result in severe consequences, such as long prison terms and hefty fines.
• Schedule II drugs have a high risk of misuse but are used in medical treatments. They can lead to serious mental or physical dependency. This group includes drugs like oxycodone, fentanyl and methamphetamine. Penalties for illegal possession or distribution are strict, but the presence of medical uses might affect the severity of charges, especially if these substances are obtained through legitimate prescriptions that are then misused.
• Schedule III substances have a lower potential for misuse compared to Schedule I and II. This category includes drugs such as anabolic steroids and ketamine, which have medical applications and can lead to moderate or low physical dependency, or high psychological dependency.
• Schedule IV drugs, such as alprazolam (Xanax) and diazepam (Valium), have a lower potential for misuse and accepted medical uses. They may cause limited physical or psychological dependency compared to Schedule III drugs.
• Schedule V includes substances with the lowest potential for misuse, like cough preparations containing less than 200 milligrams of codeine per 100 milliliters. These drugs are commonly used for medical purposes and have a very low risk of dependency. Penalties for Schedule V offenses are the least severe, usually involving fines or minimal jail time, acknowledging their minor threat in comparison to higher schedules.

At Spellman Law, P.C., our attorneys are well-versed in all the different drug classifications. They use their extensive practical knowledge and legal skills to overcome complex legal challenges pertaining to drug charges.

We Can Help You Even Before You Are Charged

“Most people think that there is nothing a criminal defense lawyer can do before the court issues formal charges. This is wrong. Contact us as soon as you know authorities are investigating you. We can help you avoid incriminating yourself and help keep you out of jail.” Sean P. Spellman, founding attorney

Schedule a free initial consultation by emailing us or calling our West Des Moines office at 515-222-4330. We are available 24/7 because we know your legal needs can’t wait.