Tag: Colin Murphy

DOT Suspension Reversed for School Bus Passing WIN!

You never intended to pass that school bus, the one with the flashing amber lights and extended stop arm.  But it happened.  In fact, it happens to the very best drivers across the state every day. The police officer hands you a citation with a court date and says something about probably paying a small fine.  You make your court date and the judge mentions the fine again.  You plead guilty and pay the clerk of court on your way out.  Walking back to your car, you say to yourself, “That wasn’t so bad.” Then, a week or so later, […]

Read More

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 […]

Read More

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 […]

Read More

Class B Felony Drug Charge Amended and Time Served WIN

The Story County District Court recently sentenced our client to credit for time served and minimum fines for simple possession of a controlled substance. Originally, the state charged him with four felonies: possession with intent to deliver LSD, marijuana and tax stamp violations. The Class B felony alone was punishable by a mandatory term of imprisonment up to 25 years and a fine of up to $100,000. We were able to limit the admissibility of certain evidence and arguments that are typically used by the state in these types of cases on the issue of intent in constructive possession cases.  […]

Read More

Felony Theft Charges Amended to Misdemeanor Operating Without Consent and Time Served WIN

On March 11, 2020 the Marshall County District Court granted the state’s motion to amend a two-count felony trial information and allowed our client to plead to a single misdemeanor charge of Operating without Owner’s Consent. The State initially charged our client with class C and D felony theft, allegations which, if not aggressively defended, could have resulted in 15 years or more in prison and thousands in fines. However, the firm’s vigorous approach to pretrial discovery depositions raised considerable doubt over whether the state could prove that our client knowingly exercised control over stolen property, a 1977 Corvette, and […]

Read More

OWI Amended to Public Intoxication WIN

The Cerro Gordo County District Court recently granted the state’s motion to amend the charge from OWI to Public Intoxication following an aggressive, independent investigation into the circumstances surrounding a private party raided by the sheriff’s office. We were able to establish that more than two hours elapsed between the time our client last drove his vehicle and the time of chemical testing on the DataMaster DMT.  Had we not done so, the state would have been entitled to a “two-hour presumption” instruction at trial that would have allowed the jury to presume the DMT result was our client’s breath […]

Read More

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 […]

Read More