Author: Colin Murphy

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 twice the term provided.  As a result, the nickel for a few ounces of bud may be enhanced to a dime simply because of a gun.  In other words, the Glock 19 seized by the task force now earns the unsuspecting person 10 years behind […]

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The Accommodation Defense for Marijuana in Iowa

In Iowa, a person who possesses up to 50 kilos of marijuana with the intent to deliver it to another can be charged with felony possession under Iowa Code section 124.401(1)(d).  Fifty kilos of marijuana tip the scales at 110 pounds, but you don’t need to be holding Black Tuna Gang quantities to risk a prison sentence.  Depending on the surrounding circumstances, possession of a few quarter ounce bags or less can lead the state to charge a class D felony. However, if the evidence at trial demonstrates the person possessed one-half ounce or less (< 14.17 grams) of marijuana, […]

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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 any state or federal statute relating to . . . marijuana . . . .”  Prosecutors typically rely on this provision in charging a second offense when you are charged with felony possession with intent to deliver or manufacture in Iowa and have any prior […]

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Challenging the Certified Weight of Marijuana in Drug Stamp Tax Cases

Most Iowans are unaware they can be charged with a felony for simply possessing 42.5 grams or more of processed marijuana flower without first affixing tax stamps issued by the Iowa Department of Revenue to the Ziploc baggie. Quantities up to 42.5 grams (just shy of one and one-half ounces), especially in a single package, are certainly indicative of personal use.  Anything over that amount, however, and you are labeled a “dealer” for tax stamp purposes.  At $5.00 per gram, these stamps can add up to 50% to the street cost of medium quality cannabis.  That’s a small price to […]

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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 hold a resident permit that would have expired after March 17, 2020, then that permit is still valid for as long as the Governor continues the disaster emergency. Some county sheriffs will allow you to renew either in person or by mail, but for the […]

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Challenging Search Warrants Involving Marijuana Stems and Seeds

Trash rips.  The low-hanging fruit of narcotics investigations.  In terms of evidence gathering for the local drug task force, nothing beats the simplicity of stealing a homeowner’s curbside garbage bags at midnight and spending the rest of the shift rifling through the contents. The goal?  Like any prospector with a newly staked claim, the officers are mining for search warrant gold, often in the form of leftover marijuana stems and seeds. If they hit pay dirt, their lucky strike, coupled with a few other allegations in a search warrant affidavit, will often result in written authorization to fully search the […]

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CBD

BREAKING!!! CBD and Other Hemp Extracts Explicitly Legal in Iowa

Governor Reynolds has now signed into law HF 2581 regulating the possession and sale of hemp products in Iowa. This provision explicitly legalizes the retail sale of consumable products containing hemp extracts like CBD, CBC and CBG. Since the passage of the 2018 federal Farm Bill, which differentiated between marijuana and hemp containing less than 0.3% THC, GRL has consistently maintained the position that hemp-derived extracts were nevertheless legal to sell and possess in Iowa without a prescription or physician recommendation. The passage of both SF 599 in 2019 and now HF 2581 sure seems to vindicate us.  Our so-called […]

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CBD Legislation Awaits Governor’s Signature

On June 5, 2020, the Iowa Senate, by a vote of 48-1, passed the latest hemp provision that formally recognizes the legality of consumable hemp products in Iowa. The same measure met with approval in the Iowa House by a vote of 99-1 in March. All that’s left is a signature from Governor Reynolds. This legislation permits the retail sale and use of over-the-counter hemp extracts, such as CBD and CBG, containing less than 0.3% THC in the state. Consumable hemp products have been legal at the federal level since the passage of the 2018 Farm Bill. However, smokeable hemp […]

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