Tag: marijuana defense

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 […]

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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 […]

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Class B Felony Drug Charge Amended and Time Served WIN

The Story County District Court recently sentenced our client to credit for time served and minimum fines for simple possession of a controlled substance. Originally, the state charged him with four felonies: possession with intent to deliver LSD, marijuana and tax stamp violations. The Class B felony alone was punishable by a mandatory term of imprisonment up to 25 years and a fine of up to $100,000. We were able to limit the admissibility of certain evidence and arguments that are typically used by the state in these types of cases on the issue of intent in constructive possession cases.  […]

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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 […]

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Felony Drug Charges amended after filing of Pretrial Motion

Polk County, Iowa- Grant Gangestad’s client was charged with numerous drug charges, including possession of marijuana with intent to deliver and failure to possess a tax stamp.  After pretrial motions were filed on behalf of the client, the prosecutor amended the charge to a single misdemeanor count and the client received a deferred judgment.  Felony charges and jail time were avoided completely.

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