Tag: Colin Murphy

CDL Saved After State Amends OWI Charge

The drunk driving lawyers at GRL Law successfully negotiated yet another resolution to preserve a client’s CDL. After winning the DOT and suppression hearings, we leveraged those results by convincing the county attorney to amend the OWI to public intoxication and reckless driving with no jail time. The DOT would have disqualified the client’s CDL had he pleaded guilty as charged even though we prevented the implied consent revocation from taking effect. Our negotiation saved his commercial driving privileges after we won the DOT hearing. A shout out to the prosecutor who was willing to reevaluate the charge in light […]

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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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Study Finds No Association Between CBD Use and Liver Abnormalities

The medical journal Cannabis and Cannabinoid Research recently published an article examining the relationship between CBD and liver function. Researchers affiliated with UCLA and the University of Buffalo assessed nearly 1500 volunteers who consumed oral CBD products for a minimum of 30 days. The authors identified “no relationship between continuing to take CBD, daily dose of CBD and ALT [an enzyme found mostly in the liver] levels or change in ALT elevation severity.”  Elevated levels of the enzyme can indicate liver disease.

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Should Iowa Dispensaries Offer Smokable Cannabis?

Iowa’s medical cannabidiol program needs a boost. Marijuana extracts containing THC and CBD have been available to qualifying medical patients now for three years. The products are safe to use.  And the risk of diversion is virtually non-existent. While the program is slowly growing, it may not be fast enough to keep the doors open.  Total sales statewide this year through October total $4.9 million.  By comparison, the State of Missouri sold $24.2 million in October alone. What’s the solution? Smokable cannabis. Iowa already allows vape extracts.  We also grant reciprocity for out-of-state medical marijuana products.  So, it’s not too […]

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Dry Gas Expiration Date . . . The Weakest Link of the PBT Log

As part of our pretrial discovery process, GRL Law routinely scrutinizes the contents of PBT logs. Why? Because record keeping errors can prevent the PBT from triggering implied consent.  If there’s a defect in the implied consent process, then the driver’s operating privileges won’t be revoked.  The breath test or refusal may also be inadmissible at trial in the companion criminal case. Last spring, this administrative regulations for PBT logs added for the first time the expiration date of the standard used to the list of required information. Did law enforcement agencies get the memo?  From what we can tell, […]

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Iowa Medical Cannabidiol Program Data Through October 2021

December 1, 2021 marks the three year anniversary since Iowa began distributing medical cannabidiol to certified patients.  Here is some of the data for the program through October 2021: There are 1,549 certifying health practitioners.  7,323 active patient cardholders. 16,591 cumulative patient cards issued. All of this above data is trending upward, which is great for the program. Chronic pain accounts for more than 70.28% of the qualifying medical condition by active cardholders followed by PTSD at 12.60%. Vaporizable cannabidiol represents 50% of the products sold in the last year.  High THC products are preferred nearly 2:1 over high CBD […]

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Drug Felonies Dismissed Following Unconstitutional Garbage RIp

Earlier this year GRL convinced the Iowa Supreme Court to outlaw the police tactic of warrantless garbage searches in State v. Wright. We haven’t rested on our laurels since the ruling.  Instead, we got to work in several counties where these trash rips resulted in felony charges. A recent case in southeastern Iowa was no exception.  The facts were essentially identical to Wright.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led to a search warrant to search our client’s home resulting in two drug felony charges. However, […]

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Iowa Supreme Court Reinstates Drug Possession Conviction

On December 3, 2021 the Iowa Supreme Court reinstated a drug possession conviction in State v. Jones. The ruling provides a good reminder to the drug defense bar regarding the differences between actual and constructive possession. The drugs in this case were located in a small drawstring bag on the ground near Jones’ front bumper.  The Iowa Court of Appeals determined this was a constructive possession case because the bag was not found on Jones. That is an incomplete statement of the law. A person can be in actual possession when substantial evidence supports a finding the contraband was on […]

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Does Cannabis Legalization Help Solve More Violent Crime?

Does marijuana legalization free police to solve more serious, violent crimes? A recent study published in the International Journal of Drug Policy suggests that is true. The study looked at crime clearance rates in Oregon from 2007 to 2017.  Oregon legalized adult-use marijuana in 2014. Researches found that clearance rates improved after 2014.  Police solved more violent crimes than counterparts in prohibition states. A 2018 study examining clearance rates in Washington and Colorado found similar results. This is also consistent with studies showing overall crime rates in states that legalized marijuana either held steady or declined.  It makes sense intuitively, […]

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