Tag: marijuana flower

Record CBD Seizure in Adair County Ends with Court-Ordered Return to Client

Greenfield, Adair County, Iowa.  The drug defense attorneys at GRL Law prevailed again today by successfully securing a court order for the return of over-the-counter cannabidiol (CBD) products seized by local law enforcement.  The estimated retail value of these CBD products exceeded $3,000, which is believed to be the largest seizure of its kind in Adair County. The original basis for the seizure was the erroneous belief that our client was operating an unlicensed “medical cannabidiol” dispensary under Iowa Code Chapter 124E.  Medical cannabidiol in Iowa contains both concentrated CBD and THC extracted from marijuana and is heavily regulated by […]

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Possession Does Not Merge With Eluding While Carrying Marijuana

A unanimous Iowa Supreme Court ruled on October 16, 2020 that certain marijuana possession-related convictions do not merge for purposes of double jeopardy protections against cumulative punishments. In State v. Johnson, the defendant argued his possession of marijuana conviction, a serious misdemeanor, should merge with his felony conviction for eluding while possessing marijuana.  The State did not dispute that a driver cannot violate the particular eluding subsection without also violating the prohibition against possessing marijuana.  Under the legal-elements test that compares two offenses to determine whether it is possible to commit the greater offense without committing the lesser, the crimes […]

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Felony Conviction Vacated Following Ineffective Assistance of Counsel WIN

Garner,  Hancock County, Iowa.  The drug defense attorneys at GRL Law successfully raised and litigated a claim of actual innocence resulting in the district court setting aside a felony conviction from 2017. Prior counsel advised our client to plead guilty to a felony charge of administering marijuana edibles to another in violation of Iowa Code section 708.5 despite the fact that she consistently maintained her innocence throughout the investigative, plea change and sentencing phases of the case. The firm raised numerous grounds on which the district court could have certainly found her trial counsel ineffective.  We were able to clearly […]

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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 […]

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Marijuana Grinders are not Paraphernalia in Iowa

Iowa Code section 124.414 defines “drug paraphernalia” as “all equipment, products, or materials of any kind used or attempted to be used in combination with a controlled substance . . . to knowingly or intentionally and primarily do any of the following:” Manufacture a controlled substance; Inject, ingest, inhale, or otherwise introduce into the human body a controlled substance; Test the strength, effectiveness, or purity of a controlled substance; or Enhance the effect of a controlled substance. Usually, the question regarding whether an item qualifies as drug paraphernalia under the statute focuses on subpart (2) and the item’s utility for […]

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Class D Felony Marijuana Charge Dismissed WIN

New Hampton, Chickasaw County, Iowa.  A traffic stop for speeding by an out-of-state driver on Interstate 35 led to a warrantless probable cause search of the vehicle based on the odor of marijuana.  Deputies located significant quantities of marijuana flower in a glass jar in the passenger compartment and charged our client with both felony and misdemeanor possession under Iowa Code section 124.401.  The class D felony charge was punishable by an indeterminate term of prison of up to 5 years and a fine of $7,500. Both the stop and the search were legal under Iowa law.  However, as a […]

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