Hemp Archives - Page 2 of 3

Posted on October 12, 2020October 14, 2020
Colin Murphy
Articles, GRL Law, Uncategorized

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 […]

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 […]

Posted on September 11, 2020September 14, 2020
Colin Murphy
Articles, GRL Law

Marijuana Smells Like, Well . . . Marijuana

The odor of burnt or raw marijuana, when detected by a law enforcement officer, supplies the requisite probable cause in Iowa to search a vehicle or apply for a warrant to search another’s property. You might think that a district court judge would require proof of some level of training and certification before determining the officer was qualified to distinguish between the odor of marijuana and, say, any other dried plant material? Turns out that’s not the case. In fact, some basic drug interdiction training coupled with a tautological opinion from the officer that “marijuana smells like marijuana” will typically […]

Yes, Drug Testing Methods Can Mistake Hemp-Derived CBD for THC

I recently came across a little-known study published in the Journal of Analytical Toxicology that raises serious questions regarding whether the gold standard in forensic urine testing could mistake hemp-derived CBD for THC. Many laboratories include derivatization as a part of their sample preparation for analysis by gas chromatography – mass spectroscopy (GC-MS). Derivatization is the process by which a compound is changed chemically so that it has properties that are more amenable to a particular analytical method. Essentially, the new compound becomes more suitable for detection and analysis. Researchers discovered trifluoracetic anhydride (TFAA), a common derivatizing agent used in GC-MS […]

BREAKING!!! CBD and Other Hemp Extracts Explicitly Legal in Iowa

Governor Reynolds has now signed into law HF 2581 regulating the possession and sale of hemp products in Iowa. This provision explicitly legalizes the retail sale of consumable products containing hemp extracts like CBD, CBC and CBG. Since the passage of the 2018 federal Farm Bill, which differentiated between marijuana and hemp containing less than 0.3% THC, GRL has consistently maintained the position that hemp-derived extracts were nevertheless legal to sell and possess in Iowa without a prescription or physician recommendation. The passage of both SF 599 in 2019 and now HF 2581 sure seems to vindicate us. Our so-called […]

CBD Legislation Awaits Governor’s Signature

On June 5, 2020, the Iowa Senate, by a vote of 48-1, passed the latest hemp provision that formally recognizes the legality of consumable hemp products in Iowa. The same measure met with approval in the Iowa House by a vote of 99-1 in March. All that’s left is a signature from Governor Reynolds. This legislation permits the retail sale and use of over-the-counter hemp extracts, such as CBD and CBG, containing less than 0.3% THC in the state. Consumable hemp products have been legal at the federal level since the passage of the 2018 Farm Bill. However, smokeable hemp […]

USDA Approves Iowa’s Hemp Program

Today, the USDA Agricultural Marketing Service finally approved the state’s hemp plan submitted by the Iowa Department of Agriculture and Land Stewardship. This brings Iowa farmers one step closer to putting seed in the ground for the 2020 growing season. Farmers can apply for a hemp license or seed permit starting April 1, 2020. We expect the official notice to be published in the Iowa Administrative Bulletin on April 8, 2020. Regrettably, until then, it is not legal for farmers to grow, possess, buy or sell hemp. We should also see clarification on state’s position on over-the-counter CBD now that […]

Murphy Presents on Hemp Extract to Bar Association

On March 6, 2019 GRL’s own Colin Murphy presented the topic of the Legal Status of Hemp Extract in Iowa before a full room at the Webster County Bar Association’s annual March Madness CLE. Colin thoroughly explained the history of cannabis in the United States and the rise of “Refer Madness” that led to decades of prohibition against hemp. The highlight of the presentation was an in-depth explanation of the return of hemp and hemp extracts, based on the 2018 Farm Bill, and the potential legal defenses to raise in over-the-counter CBD possession offenses until such time as SF 599 […]

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 […]

Tag: Hemp