For the fifth time since joining GRL Law in 2018, Colin Murphy was once again named to the Great Plains Super Lawyers list in 2022, an honor reserved for those lawyers who exhibit excellence in practice. Only 5 percent of attorneys in the region receive this distinction.
GRL recently put its knowledge of drug identification procedures to the test in a case involving alleged THC vape liquid. Police seized a vape cart during a traffic stop. Field testing of the liquid extract showed a positive color change indicating the possible presence of marijuana. Frequent readers of the GRL Law blog know that field testing can mistake CBD for marijuana. We’ve discussed this phenomenon here. This is where things get interesting. Police didn’t send the cart to the state crime lab. Instead, they sent it to a local department that employs an officer with training in marijuana identification. […]
The February 5, 2021 issue of Traffic Injury Prevention published results from an Australian study assessing the relationship between THC levels and driving performance. Volunteers consumed vaporized cannabis samples of varying potencies containing THC, CBD and a placebo. Blood and saliva samples were collected 30 minutes after inhalation and 3.5 hours later. Researchers evaluated driving performance on a simulator. Nearly half of the participants failed to show driving impairment after 30 minutes despite showing THC levels above the per se limits, e.g., 5 ng/ml. Several participants did show impairment at the 3.5 hour mark, but their THC levels were below […]
The drug defense attorneys at GRL Law prove once again that preparation is everything when it comes to implied consent testing and DOT administrative hearings. This is especially true when it involves professional CDL drivers and forensic drug testing. In this case, a DOT officer assigned to an I-35 weigh station in North Iowa believed he had reasonable grounds to invoke implied consent and request a urine sample under Iowa Code section 321J.6 based on the discovery of a small amount of marijuana and an admission to smoking the previous evening. When the sample came back positive for non-impairing metabolites […]
Northwood, Worth County, Iowa. The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]
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 […]
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 […]
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 […]
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 […]
According to data recently published in the journal Drug and Alcohol Dependence, THC remained detectable in blood at levels greater than 2.0 ng/ml during several days of abstinence. Investigators affiliated with the University of British Columbia reviewed the relevant literature assessing residual THC plasma levels in those who regularly consume cannabis. They reported: “[I]n all studies where participants were observed for over a day, blood THC [levels] in some participants remained detectable during several days of abstinence,” with some subjects continuing to test positive for up to 30 days. Some subjects also demonstrated a so-called “double hump” pattern “where their […]
