Tag: 124.414

4/20 Conviction for Drug Paraphernalia Reversed on Appeal

The drug crime attorneys at GRL were in the news again recently after a successful appeal ruling. We persuaded the district court that a Benton County magistrate judge made a mistake in finding a container with marijuana residue constituted drug paraphernalia as that term is defined in Iowa Code section 124.414. We proved that substantial evidence did not support the interpretation of the paraphernalia statute as it applied to this container.  Had the county instead charged it under the local municipal ordinance, which is much broader than the statute, then things might have turned out differently. It pays to know […]

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Is a Pipe Considered Drug Paraphernalia if Used for Medical Marijuana?

Iowa law defines “drug paraphernalia” to include equipment used to inhale a controlled substance.  However, the definition excepts those items used in combination with the lawful use of a controlled substance. How should the law treat smoking accessories used to inhale “medical cannabidiol” or the out-of-state equivalent? We put this question to the test recently in a case in North Iowa.  The State charged our client with possession of drug paraphernalia for a marijuana pipe found in the passenger compartment of his car.  Law enforcement also uncovered cannabis flower, which our client obtained with a valid out-of-state medical card. Medical […]

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Marijuana with Fentanyl Awareness

If you consume cannabis flower, then you should be aware of common opioid overdose symptoms. Opioid overdose?  But marijuana does not contain opioids?! True. There have been dozens of reports, however, from Connecticut since July 2021 involving patients who exhibited opioid overdose symptoms and required naloxone, a medication that rapidly reverses an overdose, for revival. The patients all denied any opioid use and admitted to only smoking marijuana. A recent lab test confirmed marijuana seized in that state tested positive for fentanyl.  It may be the first reported lab confirmation in the United States. Fentanyl is a powerful synthetic opioid […]

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Immunity From Drug Prosecutions Under Iowa’s Good Samaritan Law

If you witness a drug overdose, then Iowa’s Good Samaritan Law will protect you if you call 911 for medical assistance. That’s right. The law provides full immunity for certain Chapter 124 drug charges including: Delivery of a controlled substance, if not done for profit (124.401); Simple possession (124.401(5)); Gatherings (124.407); and Drug paraphernalia (124.414). Generally, you cannot be arrested, charged or prosecuted for these crimes when you remain on the scene, call for medical assistance and provide your contact information to and cooperate with medical personnel.  Calling 911 should not affect your probation or parole status either.  This applies […]

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