Garner, Hancock County, Iowa. After successfully vacating two convictions through post-conviction relief efforts [more on that here], the drug defense attorneys at GRL Law accomplished what former trial counsel was simply unable to do years ago: develop reasonable doubt that our client committed any felony offense involving marijuana or marijuana edibles.
Our aggressive pre-trial discovery efforts raised serious questions regarding whether the alleged victim was duped into consuming chocolate containing THC. On the contrary, it appeared instead that she pilfered clearly-labeled marijuana edibles from our client’s personal belongings without permission. Only after she knowingly ate her way into a hazy stupor and sought medical attention did her family concoct an incredible story for law enforcement that she was tricked into eating these chocolates. Credit again to the county attorney for seeing through this veneer.
As a result, the state dismissed the felony charge of Administering Harmful Substances under Iowa Code section 708.5. This avoids a permanent felony conviction on our client’s record and enables her to pursue gainful employment in her chosen field.
There remained, however, a felony charge of Possession of Marijuana with Intent to Deliver under Iowa Code section 124.401. The state acknowledged there was no evidence that either the marijuana flower or edibles, which weighed out at less than one-half ounce of cannabis, were offered for sale to anyone. We were able to successfully negotiate a plea to the amended charge of Accommodation under Iowa Code section 124.410 [more on accommodation here], a serious misdemeanor. As a result, our client spends no additional time in jail and pays a small fine and surcharge.
Persistent effort usually pays enormous dividends in the end. This case is no exception.
