Tag: Chapter 124

Do Marijuana Seeds Still Provide PC to Search?

There was a time when the observation of marijuana seeds on the floorboard of a vehicle provided probable cause to search. Why? Because the definition of “marijuana” under Iowa law includes cannabis seeds. However, with the passage of the Iowa Hemp Act, Iowa Code chapter 204, that may no longer be the case. “Hemp” in Iowa is any part of the cannabis plant with a delta-9 THC concentration of up to 0.3 percent on a dry weight basis.  The definition of hemp also includes seeds.  Hemp is legal to possess in the state of Iowa. Both marijuana and hemp seeds […]

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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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GRL Successfully Raises Medical Marijuana Reciprocity Defense to Dismiss Drug Charge

Frequent readers of our blog are certainly familiar with the firm’s reciprocity argument regarding medical marijuana.  Normally, the State concedes this issue and voluntarily dismisses the charge.  However, the Iowa State Patrol trooper involved here objected to a dismissal.  So, we had the opportunity to finally pitch our argument to the district court. Our client held a valid medical card from Missouri.  The cannabis flower seized by the trooper was medical marijuana. The court dismissed the charge and found that Chapter 124E provides reciprocity for out-of-state medical marijuana. Charged with possession of medical marijuana?  Call the drug crime lawyers at […]

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The Reciprocity Defense for Possessing Out-of-State Medical Marijuana in Iowa

When it comes to possession charges for out-of-state medical marijuana, you should look no further than GRL Law. Many prosecutors will charge these possession offenses under Iowa Code section 124.401(5).  This effectively treats medical marijuana like a street drug rather than a therapeutic purchased at a licensed dispensary.  Most attorneys who dabble in criminal defense accept this framing and go to work negotiating a mandatory minimum plea or deferred judgment. Not GRL Law. We won’t rest without fighting to get the charges dismissed. How do you choose the right attorney for this specialized possession charge in Iowa?  Just ask them […]

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