Tag: legalized marijuana

Consent Searches to Verify Medical Cannabidiol Registration Status

The Iowa Department of Public Health began issuing digital medical cannabidiol registration cards for qualified patients and caregivers.  They come complete with a QR code that may be scanned by law enforcement to verify the person’s status.  The Department advises that “law enforcement representatives may request to temporarily handle your mobile device to verify your registration card.” The drug crime lawyers at GRL recommend that you consent to a request by a peace officer to briefly handle your phone to scan the QR code verifying your status as a person who can possess medical cannabidiol.  That will likely end the […]

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Reciprocity Defense for Medical Marijuana Results in Two Dismissals

Frequent visitors to the GRL Law Blog are no doubt familiar with our approach to defending medical marijuana charges. The drug defense lawyers recently raised this reciprocity defense in two separate cases.  The first dealt with raw cannabis flower purchased in another state with a valid medical card.  The other concerned edibles. In both cases, the court entered an order granting the defense and dismissing the charge at the state’s cost. We believe these are the first rulings of their kind in the state on the issue of reciprocity. Charged with possession of marijuana for out-of-state medical marijuana?  GRL knows […]

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Is a Pipe Considered Drug Paraphernalia if Used for Medical Marijuana?

Iowa law defines “drug paraphernalia” to include equipment used to inhale a controlled substance.  However, the definition excepts those items used in combination with the lawful use of a controlled substance. How should the law treat smoking accessories used to inhale “medical cannabidiol” or the out-of-state equivalent? We put this question to the test recently in a case in North Iowa.  The State charged our client with possession of drug paraphernalia for a marijuana pipe found in the passenger compartment of his car.  Law enforcement also uncovered cannabis flower, which our client obtained with a valid out-of-state medical card. Medical […]

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GRL Successfully Raises Medical Marijuana Reciprocity Defense to Dismiss Drug Charge

Frequent readers of our blog are certainly familiar with the firm’s reciprocity argument regarding medical marijuana.  Normally, the State concedes this issue and voluntarily dismisses the charge.  However, the Iowa State Patrol trooper involved here objected to a dismissal.  So, we had the opportunity to finally pitch our argument to the district court. Our client held a valid medical card from Missouri.  The cannabis flower seized by the trooper was medical marijuana. The court dismissed the charge and found that Chapter 124E provides reciprocity for out-of-state medical marijuana. Charged with possession of medical marijuana?  Call the drug crime lawyers at […]

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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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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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Murphy Presents at NORML ISU Chapter Meeting

On October 13, 2021 GRL Law’s own Colin Murphy spoke before a packed room of cannabis activists at the ISU Memorial Union. The presentation for NORML ISU focused on the current status of marijuana and cannabis extracts.  Colin discussed what not to do during traffic stops.  He also reviewed important driver rights to assert during detention and arrest. GRL’s firm culture emphasizes public outreach especially when it comes to emerging legal issues like cannabis.  Our attorneys regularly take part in educating the general public, criminal defense bar and bench. Presentations like this are what sets GRL Law apart as the […]

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GRL Law Secures Dismissal of Felony CBD Charges in Polk County

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 […]

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The Reciprocity Defense for Possessing Out-of-State Medical Marijuana in Iowa

When it comes to possession charges for out-of-state medical marijuana, you should look no further than GRL Law. Many prosecutors will charge these possession offenses under Iowa Code section 124.401(5).  This effectively treats medical marijuana like a street drug rather than a therapeutic purchased at a licensed dispensary.  Most attorneys who dabble in criminal defense accept this framing and go to work negotiating a mandatory minimum plea or deferred judgment. Not GRL Law. We won’t rest without fighting to get the charges dismissed. How do you choose the right attorney for this specialized possession charge in Iowa?  Just ask them […]

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Iowa Should Seek Federal Exemption for State Marijuana Laws

Another year, another flurry of legislative activity regarding the decriminalization of marijuana in Iowa.  The latest iteration introduced today in the Judiciary Committee is SF 406. There is certainly plenty to like in the bill.  Simple possession of less than 30 grams of marijuana flower is legal.  Accommodation of up to an ounce without remuneration?  Legal.  Gatherings?  Again, legal.  Retail marijuana cultivation and sales permitted. But the Iowa legislature continues to overlook one critical issue. Marijuana remains a Schedule I controlled substance at the federal level.   So, the specter of federal prohibition and prosecution continues to be ever present. Yes, […]

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