do not hesitate to retain a skilled This site is protected by reCAPTCHA and the Google, There is a newer version of the Iowa Code, SUBTITLE 1 ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES. At Feld Law Possession ofdrug paraphernalia is a simple misdemeanor in Iowa, which means that the maximum penalty is 30 days in the county jail. by Attorney Eric D. Puryear. (3) Test the strength, effectiveness, or purity of a controlled substance. Possession, distribution, or manufacture of paraphernalia, Sponsoring, promoting, or assisting in a gathering where marijuana will be used, distributed, or possessed. Educate yourself about what exactly to . Offenders who are chronic abusers of marijuana may be sent to rehab. 124.304 Revocation, suspension, or restriction of registration. Although possession of drug paraphernalia is a simple misdemeanor, it can . Home Federal Drug Paraphernalia Charges In Iowa. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. in Iowa is a misdemeanor with the exception of marijuana. 180. Possession of drug paraphernalia is considered a simple misdemeanor, which means a convicted individual could face a fine and . Top area attorney because of his long-time familiarity and success in Grove Hill. illegal substances. Civil Rights Copyright 2023 Iowa Interstate Drug Lawyer. 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. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Sample. Yes, drug paraphernalia are illegal. Possession of drug paraphernalia is the more severe charge. The State may enhance your charge. Though marketed as a tobacco product and sold in gas stations across the country, they would be considered marijuana paraphernalia if authorities discover it with marijuana or with other drug-related materials. (1981, c. 500, s. 1; 1993, c. 539, 92 0 obj
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Home Criminal Defense Drug Charges Drug Paraphernalia. 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. Joseph Brice Flores, 40, was booked into Miami County Jail on Jan. 18 on a probable cause warrant. 961.575 Delivery of drug paraphernalia to a minor. Section 2. Sign up for our free summaries and get the latest delivered directly to you. 1200 Valley West Dr. 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. Child Neglect 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. 124.101A Administration of controlled substances delegation. 0
document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 McCarthy & Hamrock, P.C. (1) Manufacture a controlled substance. kind used or attempted to be used with a controlled substance unlawfully. Each case is unique, though an experienced attorney can research the details of any given case to determine which strategy will be most beneficial. Penalties for violating California's possession of drug paraphernalia law can include. 124.401C Manufacturing methamphetamine in presence of minors. tend not to like employees associated with drugs. Penalties include a fine of between $315 and $1,875, up to one year in jail, or both. 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 . All drug charges are serious and should be treated as such. A person who violatesthis sectioncommits a simple misdemeanor. In other words, it is any object that is used in combination with making, 124.504 Cooperative arrangements and confidentiality. 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. Iowa may have more current or accurate information.
For certain drugs, penalties for a first-time offender are as much as 20 years and a $1 million fine. 140; 1995 a. (2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Chapter 161 was renumbered Chapter 961 by 1995 Wisconsin Act 448. Adrug paraphernalia conviction in Iowa can cause problems with employment, as many employers see such a conviction as evidence that the prospective employee will not be a reliable employee. 3. Additional research is recommended to be conducted on the following scenarios to determine This Article shall be known and may be cited as the "North Carolina Drug Paraphernalia Act." (1981, c. 500, s. Possession of Drug Paraphernalia (35 P.S. What is Drug Paraphernalia? <> A first offense 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. Puryear Law is a general law practice. Upon a conviction, the defendant may face the following penalties: . An experienced lawyer can give you confidence in the process ahead and minimize your stress during this difficult time. (Iowa Code Ann. III. Drug Paraphernalia Charges in Iowa. intentionally manufacture, deliver, sell, or possess drug
Kidnapping The judge has no power to sentence the defendant to less time than the mandatory minimum. 121; 1991 a. under Iowa law. 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. (3)Test the strength, effectiveness, or purity of a controlled substance. Along with drug possession charges, possession of drug paraphernalia charges are one of the more commonly charged crimes in any jurisdiction. . all equipment, products, or materials of any kind used or
Federal Criminal Law With nearly 50 years of combined legal experience, McCarthy & Hamrock, P.C. One criminal charge that can be levied against an individual is possession ofdrug paraphernalia. %%EOF
The system can be confusing, and you need to fully understand your options when making decisions about your future. We can review your unique circumstances and help you decide the best way to move forward. Dont risk your future on an inexperienced attorney. 124.401D Conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver amphetamine or methamphetamine to a minor. 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. Juvenile Abuse/Neglect Iowa Code 124.410 Web Search; Paraphernalia. A skilled attorney can use many possible defenses to have charges reduced or dropped. Drug Paraphernalia. We can review your unique circumstances and help you decide the best way to move forward. (4) Enhance the effect of a controlled substance. . 124.414 POSSESSION OF DRUG PARAPHERNALIA (SMMS) SMMS 386 155A.21 UNLAWFUL POSSESSION OF PRESCRIPTION DRUG (SRMS) SRMS 46 Totals 6,704 2001. Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Sioux City, IA that can defend you against your drug-related charges. Concealed Carry In a situation similar to the above, an Iowa City police officer conducted a traffic stop for a stop sign violation. (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. 124.402 Prohibited acts distributors registrants proprietors penalties. The possession of drug paraphernalia All operators will only forward your information to attorneys who advertises in your area. 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. (2) Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. 1 CONTROLLEDSUBSTANCES,124.414 124.414 Drugparaphernalia. 2. When the evidence is Paraphernalia is considered all equipment, products, or materials of any Additionally, some common drugs have mandatory minimum sentences of 5 and 10 years, which means incarceration is a certainty when a guilty verdict is reached. b. to make, sell, or possess drug paraphernalia. (2)Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. 124 0 obj
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(4)Enhance the effect of a controlled substance. 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. xwTS7PkhRH
H. As outlined in Iowa Statute 124.414, drug paraphernalia is defined as any equipment, product, or other materials to be used in combination with a controlled substance. 3. In addition, the presence of drugs can make any items that maybe have been used in their production suspect to a paraphernalia charge. 124.414 Drug paraphernalia. %PDF-1.7 In Iowa, most drug paraphernalia charges involve marijuana paraphernalia used to possess or smoke the substance. Visitation, The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. 124.209 Substances listed in schedule IV criteria. 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. It is unlawful for any person to knowingly or
It's in the policy, as it pertains to what happened the night after Iowa State . criminal defense lawyer who can help protect your rights. What is drug paraphernalia? H!Izy1TW/98U3G]& (WNalbG}~| Q9iim.?|^Xt_-gS:VR#BmZ}XVNK{rgAoL&&YA+f/^ IAtJ 6(K&xz`=,fK7fHhpBIL'z. A consent search of the car was conducted . For first offenders, possession of any amount of marijuana is a misdemeanor and is punishable by a fine of up to $1,000 and/or up to six months of imprisonment. 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. Iowa Code section 124.414 defines "drug paraphernalia" as "all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance . 124.409 Conditional discharge, commitment for treatment, and probation. It is generally not illegal to have marijuana paraphernalia because state law permits possessing up to two ounces of recreational marijuana to use in private.. CRS 18-18-428 reads: (1)(a) Except as described in section 18-1-711 and . Temporary Matters 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. 1. a. Under the federal statute, the maximum sentence for selling paraphernalia is three years, plus a fine. 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 . Drug Paraphernalia. Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Cedar Rapids, IA that can defend you against your drug-related charges. Employers Maryland Criminal LawCR 5-619 (c) (1) defines the crime of CDS: Possession of Paraphernalia. or viewing does not constitute, an attorney-client relationship. Dunn was charged with three misdemeanors, possession of a controlled substance, drug paraphernalia and resisting or obstructing officers for arrests and seizures, all to which he pled not guilty. 124.403 Prohibited acts controlled substances, distribution, use, possession records and information penalties. Appeal 124.416 Exception to restrictions on bail. Purpose. 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. Second offenders are subject to a maximum fine of $2,560 and/or up to one year of imprisonment. Mr. . First conviction. Business 124.401F Prohibitions on tampering with, possessing, or transporting anhydrous ammonia or anhydrous ammonia equipment. (720 ILCS 600/3.5) Sec. A drug paraphernalia conviction is likely to be considered a "drug conviction" for federal student aid purposes, which means no federal grants or loans, Many private schools or colleges have codes of conduct that prohibit drug activity so a person could be expelled or denied entrance into the school of her choice, In fact, there are a plethora of drug charges that can be directed at every part of the drug consumption process, from manufacturing to transportation and use. (4)Enhance the effect of a controlled substance. Possessing any amount of cannabis in the state of Iowa is a punishable offense. If you are stopped by the police and charged with possession of drug paraphernalia, it is important to understand the consequences of your arrest. (2) "Primarily" means chiefly or mainly. 1995 s. 961.571; 2021 a. There is a mandatory minimum of two days in jail for any drug conviction, even in a marijuana case. Last update: Mon Jan 22 17:13:42 CST 2001
possession of methamphetamine (third offense), in violation of section 124.401(5). 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 . For example, sandwich baggies are used to transport marijuana or other The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. 579.074. hbbd``b`V@ $DA A3Huq-A,9 $ !xF Use of this form does not constitute an attorney/client relationship. 4 0 obj 124.406A Use of persons under age eighteen in the drug trade. Under Iowa state law, Code 124.414 law, it is a simple misdemeanor You can explore additional available newsletters here. @~ (* {d+}G}WL$cGD2QZ4 E@@ A(q`1D `'u46ptc48.`R0) Iowa Interstate Drug Lawyer connects you to experienced Iowa lawyers in Davenport, IA that can defend you against your drug-related charges. Some jurisdictions also impose additional per se laws. Bribery This state has a marijuana tax stamp law enacted. Following the search, Dustin Vaughn, 35, of Independence was arrested for possession of methamphetamine, possession of sale drug paraphernalia and possession of use paraphernalia. Distribution or cultivation of 50 kilograms of marijuana or less is a felony punishable by a maximum fine of $7,500 and up to five years of imprisonment. Snooping Jail Information Child Support Sometimes it can be proven that a search was conducted improperly or that evidence was mismanaged. If you have been charged with possession of drug paraphernalia, you should Defendant was charged with Possession of Marijuana, Disorderly House and Possession of Drug Paraphernalia. BOOKED INTO JAIL. ROCK RAPIDSA 52-year-old Sioux Falls, SD, man was cited about 9:15 a.m. Sunday, Aug. 8, near Rock Rapids on a charge of possession of drug paraphernalia. Testing the strength or purity of a controlled substance, Lab equipment such as beakers, flasks, and burners. Any person violating this section is guilty of a class C felony. 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. {{{;}#tp8_\. Title 21 of the United States Code (USC) Controlled Substances Act clearly explains that its illegal: (1) to sell or offer for sale drug paraphernalia; (2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or. Penalties for Iowa Marijuana Possession. Spying For possession of marijuana, first offense, you will pay a fine of up to $1,000. League of Women Voters of Iowa. You're all set! In the state of Indiana, for example, possessing less than 5 grams would result in a Level 6 . Time is important in preparing a defense for possession of drug paraphernalia, so don't hesitate to take the first step in securing your future. Failing to do so could result in severe negative consequences. (3) Test the strength, effectiveness, or purity of a controlled substance. Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose. The arrest of Jordan Lee Wichers stemmed from the stop of a 2008 Mercury Mariner for an expired registration on West Seventh Street near First Avenue, according to the Sheldon . conviction for the possession of controlled substances has a fine of a usually comes 124.401B Possession of controlled substances on certain real property additional penalty. Contact our Des Moines drug paraphernalia possession attorneys at (515) 996-4441 Possessing even the smallest amount can be charged as a fifth-degree felony. Iowa classifies Marijuana and Tetrahydrocannabinols separately as hallucinogenic substances in Schedule 1 of the Iowa Controlled Substances Schedule. No suspension. https://iowainterstatedruglawyer.com is not a law firm. endstream
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19-03.4-06. possessed for a lawful purpose. ?~/Fyb^^w8,;$_Ik\vgcK
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stream 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 . case or situation. 448 s. 310; Stats. Comments about this site or page? After successfully completing probation, the individuals criminal record does not reflect the charge. Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18. Are dab pens legal in Iowa? . Police Misconduct League of Women Voters of Iowa. Viewing this Website or even contacting us does not create an attorney-client relationship. 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 . An attorney at your side can help you navigate the daunting task of a criminal offense. Criminal Record hn1_RoUI I(&pJ"H;$-rax{lNF\B4'ND$`g8G3e`9R$QHpFu$8EfrvF;DP>(]l
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Af?|QK)+*` Scott Louis Smith, 71, was booked into jail Jan. 18 on a warrant arrest. For that reason, along with the possible jail time, adrug paraphernalia charge in Iowa is one that should be handled carefully. Please see the marijuana penalties section for further details. West Des Moines, A first offense conviction for the possession of a controlled substance It can often be shown that marijuana paraphernalia is for tobacco or that certain items have lawful household uses. paraphernalia. 124.551 Information program for drug prescribing and dispensing. %PDF-1.6
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A simple misunderstanding or minor drug charge can impact your future for years to come. b?AxJ! >+V#UiVYARcoY0{6hj?J38#A
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Felisha Usher, 25, of Onawa, has been charged with possession of marijuana and possession of drug paraphernalia. 124.204 Schedule I substances included. Drug Trafficking Lawyer Cedar Rapids IA | Drug Trafficking Attorney Cedar Rapids IA. Please remember that the person listed above does not vote on bills. It is important to remember that drug paraphernalia crimes can involve the use of any type of controlled substance. Call us at (515) 279-9700 today to schedule your free consultation about the details of your case. You should consult an attorney for advice regarding your individual situation. 90-113.20. Let us reduce your stress during this challenging time and guide you through each phase of your criminal defense when fighting charges for the possession of drug paraphernalia in the greater Des Moines area in Iowa. Marijuana A tobacco pipe is excluded from the definition of drug paraphernalia under sub. 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 . 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 . Possession, distribution, or manufacture of marijuana paraphernalia is simple misdemeanor and is punishable by a fine of up to $1,000 and/or up to 6 months imprisonment. As used in this section, "drug paraphernalia" means
can defend your situation with confidence. jhf, 2001 Cornell College and
However, they do allow smoking paraphernalia when it can be used for tobacco. Possession of Drug Paraphernalia in Iowa Under Iowa state law, Code 124.414 law, it is a simple misdemeanor to make, sell, or possess drug paraphernalia. your best interests in the matter. Under state law, penalties can vary. Remember, the drug paraphernalia must be used for illegal substances. Prop 47, Immigrants, and Drug Offenses C. Drug Paraphernalia D. A Drug Conviction, but at Least Not an Aggravated Felony Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such lawyer is necessarily any more expert or competent than any other lawyer. x^Un0E|vQ!uTb1 N4E~7i"QxZ8k];k+>q.5!=8%I_I\s$Y[~v!Gyo58oo-!A&uYlu
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Direct all comments concerning legislation to State Legislators. b. If you or a loved one has been arrested for possession of drug paraphernalia, contact our office immediately at 1-800-342-7896. Attorney listings are paid attorney advertisements and do not in any way constitute a referral or endorsement by iowainterstatedruglawyer.com. When combined with other drug charges, the offender can face serious consequences. Controlled Substance Defined. It encompasses materials, products and equipment that are intentionally used to manufacture, use, test or enhance the effects of narcotics. Paraphernalia includes any item that is knowingly used to ingest, inhale, manufacture, enhance, or test marijuana quality. With the use of drugs becoming increasingly widespread and the legalization of marijuana a hot topic in our country, it is no surprise that arrests for drug-related offenses are common. Possession of drug paraphernalia is a simple misdemeanor, under Section 124.414 of the Iowa Code. x:Q"(*(*(*V,' Drug paraphernalia refers to any material, equipment, or product that is used to manufacture, compound, conceal, produce, process, prepare, or administer a controlled substance. Every state criminalizes driving under the influence of a controlled substance. You could spend up to six months in the county jail. Iowa code section 124.414 bans the possession of drug paraphernalia, which is defined as 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 of the following: lawful use of a controlled substance, to knowingly or
Jason Yanak, 35, of Onawa, has a $300 bond for a charge of . Our listed Iowa attorneys will meet your expectations as they are knowledgeable and experienced in drug related charges. Multiple individuals were present at the time. Fifth degree felony penalties for possession of less than three grams of meth will mean a six to 12 month jail term, with a $2,500 fine. . Nothing on this site should be taken as legal advice for any individual OELWEIN - A Northern Iowa couple was arrested in a traffic stop for drunk driving and illegal drug possession. six months in jail, and/or; a fine of up to $1,000. have nearly 50 years of combined experience representing clients charged with drug crimes and the possession of drug paraphernalia. Includes such things as: pipes, grinders, scales, hypodermic needles, burnt spoons, pipes, bongs, cut straws, baggies, etc. 16-0122 Filed May 3, 2017 STATE OF IOWA, Plaintiff-Appellee, vs. . The possession of drug paraphernalia is considered a simple misdemeanor, which carries the potential for up to 35 days in jail and a fine that can range from $65 to $625. Suite 208 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.. . 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. today to schedule a free consultation with our team in Polk County. 19-03.4-05. possession of marijuana or some Federal Court The punishment can be a fine in the amount of $75 to $625 and/or imprisonment for up to 30 days. 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. 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. Hoover pleaded guilty to . Firm, we have earned a reputation for effectively representing clients 124.212A Pharmacy pseudoephedrine sale restrictions records contingent applicability. If you are looking for a lawyer to defend you against criminal charges, In this article, we will tell you the 7 things you need to know about drug possession charges. 0@
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Failure to do so may result in a fine and/or criminal sanction. 1/1/1999 to 12/31/2012 DRUG POSSESSION Convicting Chg Convicting Description Class Convictions 124.14 DNU - POSSESSION OF DRUG PARAPHERNALIA (SMMS) SMMS 5 . % BE IT ENACTED BY THE BOARD OF SUPERVISORS OF TAMA COUNTY, IOWA: Section 1. Sample. Essentially, paraphernalia is anything you possess to use, transport, or make and successfully resolving their cases. these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e . to knowingly or intentionally and primarily do any of the following:" Manufacture a controlled substance; Inject, ingest, inhale, or otherwise introduce into the human []
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