Tag: Firearms

Medical Cannabidiol and Firearms

Under Iowa Code chapter 124E, Iowa residents, who submit written certification by a heath care practitioner that they are suffering from a certain debilitating medical condition, can apply to the Department of Public Health for a medical cannabidiol registration card.  This card enables Iowans access to concentrated extracts of marijuana containing both THC and CBD to treat their health condition. Although the use of marijuana extracts for medical purposes is sanctioned under Iowa law, both marijuana and THC remain Schedule I controlled substances under federal law. This poses a real problem for those card holders who wish to simultaneously exercise […]

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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 […]

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Iowa Permits to Carry Do Not Expire During COVID-19 Proclamation of Disaster Emergency

On July 24, 2020 Governor Reynolds continued the Proclamation of Disaster Emergency for the State of Iowa that extends until August 23, 2020 at 11:59 p.m. Specifically, the Proclamation temporarily suspends the regulatory provisions of Iowa Code sections 724.6, 724.7 and 724.20 regarding professional and nonprofessional permits to carry firearms. This means that if you hold a resident permit that would have expired after March 17, 2020, then that permit is still valid for as long as the Governor continues the disaster emergency. Some county sheriffs will allow you to renew either in person or by mail, but for the […]

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