Tag: fentanyl

Persons Seeking Medical Assistance for Drug-Related Overdose

Iowa law provides a legal defense for individuals who seek, obtain, or otherwise summon the assistance of law enforcement and emergency medical personnel in instances of suspected drug overdose.  With the plague of fentanyl overdoses being experienced through the state and nation, this is an appropriate measure to ensure that victims can secure desperately needed medical assistance at the earliest opportunity without fear of arrest or prosecution. Iowa Code section 124.418 was enacted in 2018.  This law categorizes any information or evidence collected or derived as a result of an overdose patient’s good-faith actions in seeking medical assistance, as “protected […]

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Iowa’s Overdose Protection Law Results in Dismissal

Waukee, Dallas County, Iowa.  Iowa’s overdose protection law was utilized to secure a dismissal of Possession and drug Paraphernalia charges for a client of GRL Law.  What was very nearly a tragedy, ultimately had a happy ending.  GRL Law’s client unknowingly ingested Fentanyl when consuming another product and immediately began suffering overdose symptoms.  Thankfully friends immediately summoned emergency assistance to assist.  Medical treatment was provided but, apparently unaware that no evidence obtained from emergency responses to these calls may be used to charge an individual, law enforcement charged GRL’s client with possession of a controlled substances.  Thankfully GRL’s client made […]

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Marijuana with Fentanyl Awareness

If you consume cannabis flower, then you should be aware of common opioid overdose symptoms. Opioid overdose?  But marijuana does not contain opioids?! True. There have been dozens of reports, however, from Connecticut since July 2021 involving patients who exhibited opioid overdose symptoms and required naloxone, a medication that rapidly reverses an overdose, for revival. The patients all denied any opioid use and admitted to only smoking marijuana. A recent lab test confirmed marijuana seized in that state tested positive for fentanyl.  It may be the first reported lab confirmation in the United States. Fentanyl is a powerful synthetic opioid […]

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Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property.  This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also count. Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included). The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult.  The […]

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Immunity From Drug Prosecutions Under Iowa’s Good Samaritan Law

If you witness a drug overdose, then Iowa’s Good Samaritan Law will protect you if you call 911 for medical assistance. That’s right. The law provides full immunity for certain Chapter 124 drug charges including: Delivery of a controlled substance, if not done for profit (124.401); Simple possession (124.401(5)); Gatherings (124.407); and Drug paraphernalia (124.414). Generally, you cannot be arrested, charged or prosecuted for these crimes when you remain on the scene, call for medical assistance and provide your contact information to and cooperate with medical personnel.  Calling 911 should not affect your probation or parole status either.  This applies […]

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