Category: Articles

New Hemp Testing for Total THC Requires 5 Grams

The Iowa Division of Criminal Investigation Criminalistics Laboratory recently updated its policies regarding Cannabis testing in light of the 2018 Farm Bill, S.F. 599 and H.F. 2581.  Under the new laws, cannabis containing less than 0.3% total THC (Δ9-THC + THCA) is considered hemp.  Hemp extracts, including CBD, are no longer controlled substances under state and federal law. The drug identification section is now capable of performing semi-quantitative testing of plant material to determine the total THC amount.  The method of analysis mirrors that used by the federal Drug Enforcement Administration.  If the sample exceeds 0.3%, then the substance will […]

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Problems with the Identification of CBD by Thin Layer Chromatography

Thin layer chromatography (TLC) is a well-known qualitative laboratory technique to separate, detect and identify plant material extracts that have been processed so they longer possess botanical characteristics that can be observed through macro and microscopic analysis.  This includes cannabis products like gummies, truffles, bars and other edibles, but also substances like tar, ground plant material and oils. In the FAQ section of the Iowa Division of Criminal Investigation Criminalistic Laboratory – Drug Identification website (https://dps.iowa.gov/divisions/criminal-investigation/criminalistics-laboratory/drug-identification), testing for controlled substances includes: The net weight (weight of substance without packaging) of the substance is recorded prior to any sampling and then […]

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Common Police Field Test Mistakes CBD for Marijuana

Police have historically relied on the Duquénois-Levine (D-L) colorimetric field test to presumptively identify botanical material as Cannabis for the purpose of arresting a suspect for possession of marijuana. The reagent used in the D-L test reacts with a particular part of the THC molecule producing an intense violet color that is readily identifiable by law enforcement at the roadside.  However, the D-L test is not specific for just THC.  Many other cannabinoids, including hemp-derived extracts such as CBD, will yield similar purple hues in the presence of the reagent. Of course, these extracts are not marijuana under Iowa law, but […]

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Theft Charge Dismissed on Eve of Trial WIN

Fort Dodge, Webster County, Iowa.  The Webster County Attorney’s Office dismissed a single count of theft at the state’s expense against our client on the eve of jury selection.  The criminal trial attorneys at GRL showed once again how thoroughly developing a theory of defense through the aggressive pursuit of pretrial discovery, including interviewing and subpoenaing witnesses not listed by the state, often makes a significant impact on the state’s decision to move forward.  In this case, we raised enough reasonable doubt as to the issues of ownership and intent such that a NFG verdict seemed the only likely outcome.  […]

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Marijuana Grinders are not Paraphernalia in Iowa

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 . . . to knowingly or intentionally and primarily do any of the following:” Manufacture a controlled substance; Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; Test the strength, effectiveness, or purity of a controlled substance; or Enhance the effect of a controlled substance. Usually, the question regarding whether an item qualifies as drug paraphernalia under the statute focuses on subpart (2) and the item’s utility for […]

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Medical Cannabidiol and Firearms

Under Iowa Code chapter 124E, Iowa residents, who submit written certification by a heath care practitioner that they are suffering from a certain debilitating medical condition, can apply to the Department of Public Health for a medical cannabidiol registration card.  This card enables Iowans access to concentrated extracts of marijuana containing both THC and CBD to treat their health condition. Although the use of marijuana extracts for medical purposes is sanctioned under Iowa law, both marijuana and THC remain Schedule I controlled substances under federal law. This poses a real problem for those card holders who wish to simultaneously exercise […]

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Discovering the Identity of a Snitch in Marijuana Search Warrant Cases

Cooperating individuals, or snitches, work closely with police in exchange for either money or leniency with their own drug charges.   They are permitted to operate with virtual anonymity in order to set up as many people as possible.  Police and prosecutors also go to great lengths to protect the identity of these assets from being disclosed. This is typically on full display in marijuana search warrant cases.  The snitch provides tips to police to establish a reasonable suspicion of criminal activity, which when coupled with other information can provide probable cause to issue a warrant.  Or they might participate instead […]

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Applying the Trespass Doctrine to K9 Sniffs in Marijuana Traffic Stops

In United States v. Jones, 565 U.S. 400 (2012), the Supreme Court announced that any physical intrusion onto a personal “effect,” such as a vehicle parked on a public street, was a search under the Fourth Amendment when done for the purposes of gathering information. Most attorneys and judges understand Jones to be the “GPS monitoring” case because the F.B.I. joint task force affixed a tracking device to a vehicle driven by a suspected drug trafficker.  The attorneys at GRL Law know, however, that the reach of Jones and its progeny extend far beyond its facts.  We believe it has […]

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Marijuana Smells Like, Well . . . Marijuana

The odor of burnt or raw marijuana, when detected by a law enforcement officer, supplies the requisite probable cause in Iowa to search a vehicle or apply for a warrant to search another’s property. You might think that a district court judge would require proof of some level of training and certification before determining the officer was qualified to distinguish between the odor of marijuana and, say, any other dried plant material? Turns out that’s not the case.  In fact, some basic drug interdiction training coupled with a tautological opinion from the officer that “marijuana smells like marijuana” will typically […]

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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 studies where participants were observed for over a day, blood THC [levels] in some participants remained detectable during several days of abstinence,” with some subjects continuing to test positive for up to 30 days. Some subjects also demonstrated a so-called “double hump” pattern “where their […]

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