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.
There was a time when the observation of marijuana seeds on the floorboard of a vehicle provided probable cause to search. Why? Because the definition of “marijuana” under Iowa law includes cannabis seeds. However, with the passage of the Iowa Hemp Act, Iowa Code chapter 204, that may no longer be the case. “Hemp” in Iowa is any part of the cannabis plant with a delta-9 THC concentration of up to 0.3 percent on a dry weight basis. The definition of hemp also includes seeds. Hemp is legal to possess in the state of Iowa. Both marijuana and hemp seeds […]
It’s been nearly three years since the 2018 Farm Bill legalized the production of hemp in the United States. However, the Food and Drug Administration has yet to promulgate rules concerning the sales and marketing of products containing CBD. FDA representative Gail Sipes recently commented that the agency needs more data on the safety of products. The agency continues to take the position that CBD products marketed as either food or dietary supplements violate the Food, Drugs and Cosmetic Act.
Do police have the right to search your car without a warrant if they see THC edibles in your center console during a traffic stop? The answer may surprise you. Suspected contraband in plain view does not necessarily provide probable cause to search the passenger compartment. Sure, the observation alone might provide PC under the right circumstances, but it’s still the State’s burden to prove it. The drug defense attorneys at GRL Law believe PC requires more that just a plain view observation. Like furtive movements or efforts to conceal. Or uncooperative behavior or false identification by the driver or […]
The Polk County Attorney’s Office and GRL Law announce the resolution of criminal charges against Lacie Navin arising from the retail sale of hemp-derived cannabidiol (CBD) in December 2019. At the time of her arrest, Iowa’s Hemp Act, S.F. 599, which would provide for the production and retail sale of hemp products in Iowa, had not been fully implemented. Until the approval of the State Hemp Plan by the United States Department of Agriculture, it was unlawful to distribute CBD products under Iowa Code chapter 124. In late November 2019, Mid-Iowa Narcotics Enforcement (MINE) Task Force officers informed Ms. Navin […]
There’s a lot of buzz surrounding the availability of consumable hemp products now that the retail registration portal is open. One of the more frequent questions we have been fielding concern the legal status of delta-8 THC in Iowa. Hemp is defined under state law to include “any part” of the plant of the genus cannabis and all “derivatives,” “extracts” and “cannabinoids” with a maximum delta-9 THC concentration of 0.30 percent. So it would appear that delta-8 THC, a non-intoxicating cannabinoid found in hemp, would be legal to sell over the counter here, right? Not so fast. The amount of […]
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 […]
Greenfield, Adair County, Iowa. The drug defense attorneys at GRL Law prevailed again today by successfully securing a court order for the return of over-the-counter cannabidiol (CBD) products seized by local law enforcement. The estimated retail value of these CBD products exceeded $3,000, which is believed to be the largest seizure of its kind in Adair County. The original basis for the seizure was the erroneous belief that our client was operating an unlicensed “medical cannabidiol” dispensary under Iowa Code Chapter 124E. Medical cannabidiol in Iowa contains both concentrated CBD and THC extracted from marijuana and is heavily regulated by […]
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 […]
