Author: Colin Murphy

THC Metabolites Remain in Blood for Extended Periods During Abstinence

According to data recently published in the journal Drug and Alcohol Dependence, THC remained detectable in blood at levels greater than 2.0 ng/ml during several days of abstinence. Investigators affiliated with the University of British Columbia reviewed the relevant literature assessing residual THC plasma levels in those who regularly consume cannabis.  They reported: “[I]n all […]

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Yes, Drug Testing Methods Can Mistake Hemp-Derived CBD for THC

I recently came across a little-known study published in the Journal of Analytical Toxicology that raises serious questions regarding whether the gold standard in forensic urine testing could mistake hemp-derived CBD for THC. Many laboratories include derivatization as a part of their sample preparation for analysis by gas chromatography – mass spectroscopy (GC-MS).  Derivatization is the […]

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Defending the Sentencing Enhancement for Firearms in Felony Marijuana Possession Cases

All too often, inexperienced attorneys defending felony marijuana cases fail to fully appreciate the incredibly significant impact that evidence of a firearm can have on sentencing. How significant, you ask? Under Iowa Code section 124.401(1)(e), a person in the immediate possession or control of a firearm while possessing marijuana for delivery shall be sentenced to […]

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Prior Out-of-State Convictions for Marijuana Possession

Prior out-of-state convictions for marijuana can be very problematic if you are arrested for a possession offense in Iowa. Iowa Code section 124.411 provides “an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under […]

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Iowa Permits to Carry Do Not Expire During COVID-19 Proclamation of Disaster Emergency

On July 24, 2020 Governor Reynolds continued the Proclamation of Disaster Emergency for the State of Iowa that extends until August 23, 2020 at 11:59 p.m. Specifically, the Proclamation temporarily suspends the regulatory provisions of Iowa Code sections 724.6, 724.7 and 724.20 regarding professional and nonprofessional permits to carry firearms. This means that if you […]

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