Tag: marijuana laws

Applying the Trespass Doctrine to K9 Sniffs in Marijuana Traffic Stops

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 monitoring” case because the F.B.I. joint task force affixed a tracking device to a vehicle driven by a suspected drug trafficker.  The attorneys at GRL Law know, however, that the reach of Jones and its progeny extend far beyond its facts.  We believe it has […]

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Marijuana Smells Like, Well . . . Marijuana

The odor of burnt or raw marijuana, when detected by a law enforcement officer, supplies the requisite probable cause in Iowa to search a vehicle or apply for a warrant to search another’s property. You might think that a district court judge would require proof of some level of training and certification before determining the officer was qualified to distinguish between the odor of marijuana and, say, any other dried plant material? Turns out that’s not the case.  In fact, some basic drug interdiction training coupled with a tautological opinion from the officer that “marijuana smells like marijuana” will typically […]

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THC Metabolites Remain in Blood for Extended Periods During Abstinence

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 studies where participants were observed for over a day, blood THC [levels] in some participants remained detectable during several days of abstinence,” with some subjects continuing to test positive for up to 30 days. Some subjects also demonstrated a so-called “double hump” pattern “where their […]

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Defending the Sentencing Enhancement for Firearms in Felony Marijuana Possession Cases

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 twice the term provided.  As a result, the nickel for a few ounces of bud may be enhanced to a dime simply because of a gun.  In other words, the Glock 19 seized by the task force now earns the unsuspecting person 10 years behind […]

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The Accommodation Defense for Marijuana in Iowa

In Iowa, a person who possesses up to 50 kilos of marijuana with the intent to deliver it to another can be charged with felony possession under Iowa Code section 124.401(1)(d).  Fifty kilos of marijuana tip the scales at 110 pounds, but you don’t need to be holding Black Tuna Gang quantities to risk a prison sentence.  Depending on the surrounding circumstances, possession of a few quarter ounce bags or less can lead the state to charge a class D felony. However, if the evidence at trial demonstrates the person possessed one-half ounce or less (< 14.17 grams) of marijuana, […]

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Prior Out-of-State Convictions for Marijuana Possession

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 any state or federal statute relating to . . . marijuana . . . .”  Prosecutors typically rely on this provision in charging a second offense when you are charged with felony possession with intent to deliver or manufacture in Iowa and have any prior […]

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Challenging the Certified Weight of Marijuana in Drug Stamp Tax Cases

Most Iowans are unaware they can be charged with a felony for simply possessing 42.5 grams or more of processed marijuana flower without first affixing tax stamps issued by the Iowa Department of Revenue to the Ziploc baggie. Quantities up to 42.5 grams (just shy of one and one-half ounces), especially in a single package, are certainly indicative of personal use.  Anything over that amount, however, and you are labeled a “dealer” for tax stamp purposes.  At $5.00 per gram, these stamps can add up to 50% to the street cost of medium quality cannabis.  That’s a small price to […]

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Challenging Search Warrants Involving Marijuana Stems and Seeds

Trash rips.  The low-hanging fruit of narcotics investigations.  In terms of evidence gathering for the local drug task force, nothing beats the simplicity of stealing a homeowner’s curbside garbage bags at midnight and spending the rest of the shift rifling through the contents. The goal?  Like any prospector with a newly staked claim, the officers are mining for search warrant gold, often in the form of leftover marijuana stems and seeds. If they hit pay dirt, their lucky strike, coupled with a few other allegations in a search warrant affidavit, will often result in written authorization to fully search the […]

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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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