Tag: controlled substance

Court Grants GRL Motion to Dismiss Drug Charge

On November 28, 2022, the district court in Pocahontas County granted our application to dismiss a possession charge based on a violation of the one-year speedy trial provisions in Iowa Rule of Criminal Procedure 2.33. We were able to demonstrate that the state did not bring our client to trial within one year of his plea of not guilty and good cause did not exist to continue the prosecution under the circumstances. GRL took over the defense of this case from another firm and stood ready to defend the charge based on a constructive possession defense.  We believed there was […]

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Felony Drug Charges Dismissed After New Garbage Rip Law Struck

Hey, Senator Dawson and Representative Holt!  It’s your boy, Murph.  Didn’t I tell you in March that this wouldn’t turn out well? I’m talking about your unconstitutional efforts to restore the illegal practice of warrantless garbage searches in Iowa.  You know, the police tactic that we struck down last year in State v. Wright? The first district court to consider your magnum opus found it unconstitutional. That’s right. The State even dismissed the charges the following day. Think about it.  It took less than 24 hours for the State to decide it wouldn’t defend your garbage on appeal. And who […]

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Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition.  So will a self-admission of use or possession in an officer’s narrative report.  Or multiple arrests within 5 years establishing a pattern of use.  This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

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The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases.  It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation.  Merely providing the opportunity to commit a crime is not enough. That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions.  Typically nothing excessive! But then there’s the “take-back” entrapment defense.  That is available when an informant supplies drugs to the accused […]

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OWI 2nd offense amended to Reckless Driving

Shelby County, Iowa- A GRL Law client was stopped for allegedly driving while suspended as he pulled into his driveway.  The officer ran the client through field sobriety tests and had him blow into a preliminary breath testing device which registered a result under .08.  Even though the client blew under the legal limit, the officer believed that he was under the influence of some drug other than alcohol without any specific basis for believing so.  The client then provided a breath test, indicating that he was slightly above the legal limit.  He was charged with open container, OWI 2nd […]

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What is Aiding and Abetting a Drug Crime?

If a person approves and agrees to the commission of a drug crime, then he will be treated the same as the person who is accused of actually committing the crime.  This is referred to as “aiding and abetting.” How does a person aid and abet a drug crime? It’s simple.  Either he actively participates in a delivery or grow or knowingly advises or encourages it beforehand. Aiding and abetting may be inferred from circumstantial evidence including companionship and conduct surrounding the transaction.  This is because knowledge of a person’s state of mind is seldom capable of direct proof. For […]

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THC Metabolites Detected in Urine Following Full-Spectrum CBD Use

The November 4, 2020 issue of JAMA Psychiatry published results from a recent study examining whether the use of full-spectrum CBD from legal hemp (< 0.30% Δ9-THC) would lead to positive urine test results for THC metabolites. It has been often assumed that hemp-derived cannabidiol products will test negative for urinary THC.  However, the study showed that half of subjects tested positive for carboxy-THC, an inactive metabolite of Δ9-THC, after four weeks of daily use.  Samples were initially screened through urine drug assays.  Positive screens were confirmed through gas chromatography-mass spectroscopy. The results suggest that individuals consistently using full-spectrum, hemp-derived […]

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