Tag: paraphernalia

Drug Charges Thrown Out After GRL Challenges Search of Commercial Motor Vehicle

In what may be the first ruling of its kind in Buchanan County, a GRL client is a free man today after the district court there suppressed the search of his semi truck and dismissed all charges. At issue was the Level II inspection criteria that many counties with weight stations impermissibly use to justify searches for “alcohol and drugs.” GRL previously covered this topic here. CDL drivers are usually at the mercy of DOT officers and state troopers who believe all closed containers in the truck cabin are subject to search.  To be sure, commercial trucking is certainly a […]

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FMCSA Level II Inspections for Alcohol and Drugs

The drug crime attorneys at GRL have seen our fair share of searches involving commercial motor vehicles.  Whether its a random stop on the highway or the weight station, DOT officers will seize the opportunity to search closed containers in the truck cab under the authority for inspecting closely regulating industries. They will tell the driver the search is for receipts and permits and the like.  But you should know it is for alcohol and drugs instead. The DOT claims it has the authority to search your mini-fridge, Igloo coolers, personal belongings, etc., based on the reference to “alcohol and […]

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4/20 Conviction for Drug Paraphernalia Reversed on Appeal

The drug crime attorneys at GRL were in the news again recently after a successful appeal ruling. We persuaded the district court that a Benton County magistrate judge made a mistake in finding a container with marijuana residue constituted drug paraphernalia as that term is defined in Iowa Code section 124.414. We proved that substantial evidence did not support the interpretation of the paraphernalia statute as it applied to this container.  Had the county instead charged it under the local municipal ordinance, which is much broader than the statute, then things might have turned out differently. It pays to know […]

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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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Marijuana with Fentanyl Awareness

If you consume cannabis flower, then you should be aware of common opioid overdose symptoms. Opioid overdose?  But marijuana does not contain opioids?! True. There have been dozens of reports, however, from Connecticut since July 2021 involving patients who exhibited opioid overdose symptoms and required naloxone, a medication that rapidly reverses an overdose, for revival. The patients all denied any opioid use and admitted to only smoking marijuana. A recent lab test confirmed marijuana seized in that state tested positive for fentanyl.  It may be the first reported lab confirmation in the United States. Fentanyl is a powerful synthetic opioid […]

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Immunity From Drug Prosecutions Under Iowa’s Good Samaritan Law

If you witness a drug overdose, then Iowa’s Good Samaritan Law will protect you if you call 911 for medical assistance. That’s right. The law provides full immunity for certain Chapter 124 drug charges including: Delivery of a controlled substance, if not done for profit (124.401); Simple possession (124.401(5)); Gatherings (124.407); and Drug paraphernalia (124.414). Generally, you cannot be arrested, charged or prosecuted for these crimes when you remain on the scene, call for medical assistance and provide your contact information to and cooperate with medical personnel.  Calling 911 should not affect your probation or parole status either.  This applies […]

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Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa.  A traffic stop on I-35 led to the discovery of marijuana in a car trunk.  The trooper cited the driver for speeding, but charged the passenger with possession of marijuana. The drug defense attorneys at GRL Law have written before on the constructive possession defense.  This case presented yet another opportunity to raise it now on the passenger’s behalf. Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it.  That requires evidence that the passenger not only knew […]

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Can Police Frisk Me for Drugs?

The drug defense attorneys at GRL Law have seen their fair share of possession cases arising from police frisks. It usually goes down like this.  Following a traffic stop for a minor traffic violation, the officer orders the driver to come back to the patrol car to process a citation. Pro tip: You are seized by the officer and legally obligated to follow this instruction.  Don’t resist, or worse, assert your rights as a sovereign citizen.  You will be definitely arrested for interference and subjected to a full search of your person, clothing and accessories like a wallet, purse or […]

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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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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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