Category: Articles

Dry Gas Expiration Date . . . The Weakest Link of the PBT Log

As part of our pretrial discovery process, GRL Law routinely scrutinizes the contents of PBT logs. Why? Because record keeping errors can prevent the PBT from triggering implied consent.  If there’s a defect in the implied consent process, then the driver’s operating privileges won’t be revoked.  The breath test or refusal may also be inadmissible at trial in the companion criminal case. Last spring, this administrative regulations for PBT logs added for the first time the expiration date of the standard used to the list of required information. Did law enforcement agencies get the memo?  From what we can tell, […]

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Iowa Medical Cannabidiol Program Data Through October 2021

December 1, 2021 marks the three year anniversary since Iowa began distributing medical cannabidiol to certified patients.  Here is some of the data for the program through October 2021: There are 1,549 certifying health practitioners.  7,323 active patient cardholders. 16,591 cumulative patient cards issued. All of this above data is trending upward, which is great for the program. Chronic pain accounts for more than 70.28% of the qualifying medical condition by active cardholders followed by PTSD at 12.60%. Vaporizable cannabidiol represents 50% of the products sold in the last year.  High THC products are preferred nearly 2:1 over high CBD […]

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Iowa Supreme Court Reinstates Drug Possession Conviction

On December 3, 2021 the Iowa Supreme Court reinstated a drug possession conviction in State v. Jones. The ruling provides a good reminder to the drug defense bar regarding the differences between actual and constructive possession. The drugs in this case were located in a small drawstring bag on the ground near Jones’ front bumper.  The Iowa Court of Appeals determined this was a constructive possession case because the bag was not found on Jones. That is an incomplete statement of the law. A person can be in actual possession when substantial evidence supports a finding the contraband was on […]

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Does Cannabis Legalization Help Solve More Violent Crime?

Does marijuana legalization free police to solve more serious, violent crimes? A recent study published in the International Journal of Drug Policy suggests that is true. The study looked at crime clearance rates in Oregon from 2007 to 2017.  Oregon legalized adult-use marijuana in 2014. Researches found that clearance rates improved after 2014.  Police solved more violent crimes than counterparts in prohibition states. A 2018 study examining clearance rates in Washington and Colorado found similar results. This is also consistent with studies showing overall crime rates in states that legalized marijuana either held steady or declined.  It makes sense intuitively, […]

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No Federal Regulations Yet on OTC CBD Products

It’s been nearly three years since the 2018 Farm Bill legalized the production of hemp in the United States.  However, the Food and Drug Administration has yet to promulgate rules concerning the sales and marketing of products containing CBD. FDA representative Gail Sipes recently commented that the agency needs more data on the safety of products. The agency continues to take the position that CBD products marketed as either food or dietary supplements violate the Food, Drugs and Cosmetic Act.      

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Due Process Rights in Property Seized for Forfeiture

If you have cash seized for forfeiture by the Iowa State Patrol or another law enforcement agency during a traffic stop, then due process entitles you to certain rights. Normally, the trooper will provide you with a Notice of Seizure for Forfeiture.  This will list the date, time and location along with a description of the seized property. You are probably thinking that the Notice tells the owner what to do to reclaim the money, right? Not exactly. The forfeiture attorneys at GRL Law have yet to see a notice that provides any description of an owner’s rights. Iowa law […]

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Plain View Observation is Not Probable Cause to Search

Do police have the right to search your car without a warrant if they see THC edibles in your center console during a traffic stop? The answer may surprise you. Suspected contraband in plain view does not necessarily provide probable cause to search the passenger compartment.  Sure, the observation alone might provide PC under the right circumstances, but it’s still the State’s burden to prove it. The drug defense attorneys at GRL Law believe PC requires more that just a plain view observation. Like furtive movements or efforts to conceal.  Or uncooperative behavior or false identification by the driver or […]

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Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition.  So will a self-admission of use or possession in an officer’s narrative report.  Or multiple arrests within 5 years establishing a pattern of use.  This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

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THC Metabolite Concentration is Inconsistent Predictor of Impairment

Are blood or saliva concentrations of delta-9 THC metabolites predictive of impairment? That’s what a recent article in the Neuroscience and Biobehavioral Reviews journal sought to determine. The article published data from a meta-regression analysis of 28 studies involving 824 participants. The biggest takeaway is that neither THC nor THC metabolite concentrations are consistent predictors of impairment.  Surprisingly, THC levels in blood, which is the bodily specimen of choice in OWI search warrants in Iowa, showed the weakest correlation. Iowa law equates the mere presence of inactive metabolites of THC with being under the influence of cannabis.  However, the science […]

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