Tag: criminal defense controlled substance

New Hemp Testing for Total THC Requires 5 Grams

The Iowa Division of Criminal Investigation Criminalistics Laboratory recently updated its policies regarding Cannabis testing in light of the 2018 Farm Bill, S.F. 599 and H.F. 2581.  Under the new laws, cannabis containing less than 0.3% total THC (Δ9-THC + THCA) is considered hemp.  Hemp extracts, including CBD, are no longer controlled substances under state and federal law. The drug identification section is now capable of performing semi-quantitative testing of plant material to determine the total THC amount.  The method of analysis mirrors that used by the federal Drug Enforcement Administration.  If the sample exceeds 0.3%, then the substance will […]

Read More

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 […]

Read More

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 […]

Read More

Class D Felony Marijuana Charge Dismissed WIN

New Hampton, Chickasaw County, Iowa.  A traffic stop for speeding by an out-of-state driver on Interstate 35 led to a warrantless probable cause search of the vehicle based on the odor of marijuana.  Deputies located significant quantities of marijuana flower in a glass jar in the passenger compartment and charged our client with both felony and misdemeanor possession under Iowa Code section 124.401.  The class D felony charge was punishable by an indeterminate term of prison of up to 5 years and a fine of $7,500. Both the stop and the search were legal under Iowa law.  However, as a […]

Read More

Discovering the Identity of a Snitch in Marijuana Search Warrant Cases

Cooperating individuals, or snitches, work closely with police in exchange for either money or leniency with their own drug charges.   They are permitted to operate with virtual anonymity in order to set up as many people as possible.  Police and prosecutors also go to great lengths to protect the identity of these assets from being disclosed. This is typically on full display in marijuana search warrant cases.  The snitch provides tips to police to establish a reasonable suspicion of criminal activity, which when coupled with other information can provide probable cause to issue a warrant.  Or they might participate instead […]

Read More

Applying the Trespass Doctrine to K9 Sniffs in Marijuana Traffic Stops

In United States v. Jones, 565 U.S. 400 (2012), the Supreme Court announced that any physical intrusion onto a personal “effect,” such as a vehicle parked on a public street, was a search under the Fourth Amendment when done for the purposes of gathering information. Most attorneys and judges understand Jones to be the “GPS monitoring” case because the F.B.I. joint task force affixed a tracking device to a vehicle driven by a suspected drug trafficker.  The attorneys at GRL Law know, however, that the reach of Jones and its progeny extend far beyond its facts.  We believe it has […]

Read More

Defending the Sentencing Enhancement for Firearms in Felony Marijuana Possession Cases

All too often, inexperienced attorneys defending felony marijuana cases fail to fully appreciate the incredibly significant impact that evidence of a firearm can have on sentencing. How significant, you ask? Under Iowa Code section 124.401(1)(e), a person in the immediate possession or control of a firearm while possessing marijuana for delivery shall be sentenced to twice the term provided.  As a result, the nickel for a few ounces of bud may be enhanced to a dime simply because of a gun.  In other words, the Glock 19 seized by the task force now earns the unsuspecting person 10 years behind […]

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

Felony Drug Charges amended after filing of Pretrial Motion

Polk County, Iowa- Grant Gangestad’s client was charged with numerous drug charges, including possession of marijuana with intent to deliver and failure to possess a tax stamp.  After pretrial motions were filed on behalf of the client, the prosecutor amended the charge to a single misdemeanor count and the client received a deferred judgment.  Felony charges and jail time were avoided completely.

Read More