Tag: Iowa Code Chapter 204

Do Marijuana Seeds Still Provide PC to Search?

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 […]

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Does Cannabis Legalization Help Solve More Violent Crime?

Does marijuana legalization free police to solve more serious, violent crimes? A recent study published in the International Journal of Drug Policy suggests that is true. The study looked at crime clearance rates in Oregon from 2007 to 2017.  Oregon legalized adult-use marijuana in 2014. Researches found that clearance rates improved after 2014.  Police solved more violent crimes than counterparts in prohibition states. A 2018 study examining clearance rates in Washington and Colorado found similar results. This is also consistent with studies showing overall crime rates in states that legalized marijuana either held steady or declined.  It makes sense intuitively, […]

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No Federal Regulations Yet on OTC CBD Products

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.      

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Plain View Observation is Not Probable Cause to Search

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 […]

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