Tag: marijuana flower

Felony Drug Charges Dismissed After New Garbage Rip Law Struck

Hey, Senator Dawson and Representative Holt!  It’s your boy, Murph.  Didn’t I tell you in March that this wouldn’t turn out well? I’m talking about your unconstitutional efforts to restore the illegal practice of warrantless garbage searches in Iowa.  You know, the police tactic that we struck down last year in State v. Wright? The first district court to consider your magnum opus found it unconstitutional. That’s right. The State even dismissed the charges the following day. Think about it.  It took less than 24 hours for the State to decide it wouldn’t defend your garbage on appeal. And who […]

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THC Vape Charges Dismissed After Search of Mail Suppressed

It goes without saying that postal service investigations rarely turn out well for those who receive marijuana products by mail.  Drug dogs and search warrants will conspire to reveal the contents of suspicious packages before they reach the mailbox.  At that point, the recipients face a Hobson’s choice: either snitch on friends or cop to a felony. What can you do when neither is an option? You guessed it. You get the drug crime lawyers at GRL Law involved. Here’s an example of how we can flip the script on these mailed drug cases that don’t involve the odor of […]

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Drug Charge Dismissed After GRL Challenges Marijuana Identification

GRL recently put its knowledge of drug identification procedures to the test in a case involving alleged THC vape liquid. Police seized a vape cart during a traffic stop.  Field testing of the liquid extract showed a positive color change indicating the possible presence of marijuana. Frequent readers of the GRL Law blog know that field testing can mistake CBD for marijuana.  We’ve discussed this phenomenon here. This is where things get interesting. Police didn’t send the cart to the state crime lab.  Instead, they sent it to a local department that employs an officer with training in marijuana identification.  […]

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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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Drug Felonies Dismissed Following Unconstitutional Garbage RIp

Earlier this year GRL convinced the Iowa Supreme Court to outlaw the police tactic of warrantless garbage searches in State v. Wright. We haven’t rested on our laurels since the ruling.  Instead, we got to work in several counties where these trash rips resulted in felony charges. A recent case in southeastern Iowa was no exception.  The facts were essentially identical to Wright.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led to a search warrant to search our client’s home resulting in two drug felony charges. However, […]

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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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Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition.  So will a self-admission of use or possession in an officer’s narrative report.  Or multiple arrests within 5 years establishing a pattern of use.  This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

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