Tag: CBD

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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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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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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Yes, Drug Testing Methods Can Mistake Hemp-Derived CBD for THC

I recently came across a little-known study published in the Journal of Analytical Toxicology that raises serious questions regarding whether the gold standard in forensic urine testing could mistake hemp-derived CBD for THC. Many laboratories include derivatization as a part of their sample preparation for analysis by gas chromatography – mass spectroscopy (GC-MS).  Derivatization is the process by which a compound is changed chemically so that it has properties that are more amenable to a particular analytical method.  Essentially, the new compound becomes more suitable for detection and analysis. Researchers discovered trifluoracetic anhydride (TFAA), a common derivatizing agent used in GC-MS […]

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BREAKING!!! CBD and Other Hemp Extracts Explicitly Legal in Iowa

Governor Reynolds has now signed into law HF 2581 regulating the possession and sale of hemp products in Iowa. This provision explicitly legalizes the retail sale of consumable products containing hemp extracts like CBD, CBC and CBG. Since the passage of the 2018 federal Farm Bill, which differentiated between marijuana and hemp containing less than 0.3% THC, GRL has consistently maintained the position that hemp-derived extracts were nevertheless legal to sell and possess in Iowa without a prescription or physician recommendation. The passage of both SF 599 in 2019 and now HF 2581 sure seems to vindicate us.  Our so-called […]

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CBD Legislation Awaits Governor’s Signature

On June 5, 2020, the Iowa Senate, by a vote of 48-1, passed the latest hemp provision that formally recognizes the legality of consumable hemp products in Iowa. The same measure met with approval in the Iowa House by a vote of 99-1 in March. All that’s left is a signature from Governor Reynolds. This legislation permits the retail sale and use of over-the-counter hemp extracts, such as CBD and CBG, containing less than 0.3% THC in the state. Consumable hemp products have been legal at the federal level since the passage of the 2018 Farm Bill. However, smokeable hemp […]

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USDA Approves Iowa’s Hemp Program

Today, the USDA Agricultural Marketing Service finally approved the state’s hemp plan submitted by the Iowa Department of Agriculture and Land Stewardship.  This brings Iowa farmers one step closer to putting seed in the ground for the 2020 growing season. Farmers can apply for a hemp license or seed permit starting April 1, 2020. We expect the official notice to be published in the Iowa Administrative Bulletin on April 8, 2020.  Regrettably, until then, it is not legal for farmers to grow, possess, buy or sell hemp. We should also see clarification on state’s position on over-the-counter CBD now that […]

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Murphy Presents on Hemp Extract to Bar Association

On March 6, 2019 GRL’s own Colin Murphy presented the topic of the Legal Status of Hemp Extract in Iowa before a full room at the Webster County Bar Association’s annual March Madness CLE. Colin thoroughly explained the history of cannabis in the United States and the rise of “Refer Madness” that led to decades of prohibition against hemp.  The highlight of the presentation was an in-depth explanation of the return of hemp and hemp extracts, based on the 2018 Farm Bill, and the potential legal defenses to raise in over-the-counter CBD possession offenses until such time as SF 599 […]

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The Legal Status of Hemp Extract in Iowa (Current as of 3/20/2020)

If you are a regular visitor to the blog, then you will recall that way back in May 2019, GRL predicted that it would only be a matter of time before the state explicitly legalized hemp and cannabinoids extracted from hemp, like cannabidiol or CBD following passage of the 2018 Farm Bill. We couldn’t have been more prescient.  Not long after the post published, Governor Reynolds signed Senate File 599, now known as the Iowa Hemp Act codified under Iowa Code chapter 204. That means the over-the-counter CBD is legal for retail sale, right? Not exactly. The law in Iowa […]

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