Category: Uncategorized

Record CBD Seizure in Adair County Ends with Court-Ordered Return to Client

Greenfield, Adair County, Iowa.  The drug defense attorneys at GRL Law prevailed again today by successfully securing a court order for the return of over-the-counter cannabidiol (CBD) products seized by local law enforcement.  The estimated retail value of these CBD products exceeded $3,000, which is believed to be the largest seizure of its kind in Adair County. The original basis for the seizure was the erroneous belief that our client was operating an unlicensed “medical cannabidiol” dispensary under Iowa Code Chapter 124E.  Medical cannabidiol in Iowa contains both concentrated CBD and THC extracted from marijuana and is heavily regulated by […]

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Possession Does Not Merge With Eluding While Carrying Marijuana

A unanimous Iowa Supreme Court ruled on October 16, 2020 that certain marijuana possession-related convictions do not merge for purposes of double jeopardy protections against cumulative punishments. In State v. Johnson, the defendant argued his possession of marijuana conviction, a serious misdemeanor, should merge with his felony conviction for eluding while possessing marijuana.  The State did not dispute that a driver cannot violate the particular eluding subsection without also violating the prohibition against possessing marijuana.  Under the legal-elements test that compares two offenses to determine whether it is possible to commit the greater offense without committing the lesser, the crimes […]

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OWI 2nd Offense Dropped

Mr. Rehkemper and his staff are extremely professional, efficient, and provide above and beyond communication. I was charged with OWI 2nd Offense and they were able to get it reduced to public intoxication. I never stepped foot in the courtroom and they provided me with all of the information and links I needed to complete the process. If you want the best representation possible give them a call. Thanks again! 5.0 stars Posted by anonymousOctober 14, 2020

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Felony Conviction Vacated Following Ineffective Assistance of Counsel WIN

Garner,  Hancock County, Iowa.  The drug defense attorneys at GRL Law successfully raised and litigated a claim of actual innocence resulting in the district court setting aside a felony conviction from 2017. Prior counsel advised our client to plead guilty to a felony charge of administering marijuana edibles to another in violation of Iowa Code section 708.5 despite the fact that she consistently maintained her innocence throughout the investigative, plea change and sentencing phases of the case. The firm raised numerous grounds on which the district court could have certainly found her trial counsel ineffective.  We were able to clearly […]

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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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