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 […]
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 […]
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 […]
In United States v. Jones, 565 U.S. 400 (2012), the Supreme Court announced that any physical intrusion onto a personal “effect,” such as a vehicle parked on a public street, was a search under the Fourth Amendment when done for the purposes of gathering information. Most attorneys and judges understand Jones to be the “GPS […]
According to data recently published in the journal Drug and Alcohol Dependence, THC remained detectable in blood at levels greater than 2.0 ng/ml during several days of abstinence. Investigators affiliated with the University of British Columbia reviewed the relevant literature assessing residual THC plasma levels in those who regularly consume cannabis. They reported: “[I]n all […]
All too often, inexperienced attorneys defending felony marijuana cases fail to fully appreciate the incredibly significant impact that evidence of a firearm can have on sentencing. How significant, you ask? Under Iowa Code section 124.401(1)(e), a person in the immediate possession or control of a firearm while possessing marijuana for delivery shall be sentenced to […]
Prior out-of-state convictions for marijuana can be very problematic if you are arrested for a possession offense in Iowa. Iowa Code section 124.411 provides “an offense is considered a second or subsequent offense, if, prior to the person’s having been convicted of the offense, the offender has ever been convicted under this chapter or under […]
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 […]
