Tag: Possession of a Controlled Substance

Consequences of Marijuana Possession in a Commercial Motor Vehicle

The drug defense attorneys at GRL have blogged before on the pitfalls of being stopped by police with marijuana in your personal vehicle.  Fortunately, Iowa no longer suspends your driving privileges for drug convictions. Does this mean you can keep personal use quantities in the sleeper area of a semi truck? In a word, no.  Not unless, of course, you are looking to have your CDL privileges disqualified for six months. That’s right. You will lose your privilege to drive a commercial motor vehicle if convicted of most simple possession offenses.   Marijuana, amphetamines or any narcotic drug will do the […]

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GRL Saves CDL with DOT WIN

The drug defense attorneys at GRL Law prove once again that preparation is everything when it comes to implied consent testing and DOT administrative hearings.  This is especially true when it involves professional CDL drivers and forensic drug testing. In this case, a DOT officer assigned to an I-35 weigh station in North Iowa believed he had reasonable grounds to invoke implied consent and request a urine sample under Iowa Code section 321J.6 based on the discovery of a small amount of marijuana and an admission to smoking the previous evening.  When the sample came back positive for non-impairing metabolites […]

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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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The Constructive Possession Defense for Marijuana

The drug defense attorneys at GRL Law have seen it all when it comes to traffic stops involving cannabis.  This is especially true when police charge a driver with possession for weed located under a passenger’s seat.    Is there a defense for the driver? Absolutely! Because this marijuana is not actually found on the driver, the State must establish he constructively possessed it by proving he: Exercised dominion and control over it; Knew of its presence; and Knew it was a controlled substance. A driver’s close physical proximity to contraband is insufficient to constitute dominion and control.  The same […]

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Problems with Traffic Stop Lead to Dismissal of Marijuana Charges

West Des Moines, Polk County, Iowa.  The drug defense attorneys at GRL Law successfully negotiated the dismissal of drug charges after challenging the traffic stop.  The arresting officer claimed in his report that “the light was red” when “[the car] traversed the intersection.”  His dash camera showed instead that our client’s car was nearly through the intersection when the signal changed from yellow to red.  There was no evidence the car entered the intersection on a yellow light.  The officer later searched the car and discovered nearly 50 grams of processed marijuana flower.  No tax stamps were affixed to the […]

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Colin Gave Me My Life Back

“NO ONE would be would be more deserving than Colin and his entire team.  I was from another state where medical marijuana was legal. With odds against me, COLIN fought tooth and nail and held on like a bulldog biting on a stick.  He gave me a life back when the systemic odds were against me. He is a rare breed of attorney that fights for what’s right regardless of how dismal or helpless things got.  He was magnificent in knowledge, skill and determination and more so . . . HEART!!!! We will be forever grateful for having a hero […]

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Exceptional Outcome in Marijuana Edible and Flower Felony WIN

Garner, Hancock County, Iowa.  After successfully vacating two convictions through post-conviction relief efforts [more on that here], the drug defense attorneys at GRL Law accomplished what former trial counsel was simply unable to do years ago: develop reasonable doubt that our client committed any felony offense involving marijuana or marijuana edibles. Our aggressive pre-trial discovery efforts raised serious questions regarding whether the alleged victim was duped into consuming chocolate containing THC.   On the contrary, it appeared instead that she pilfered clearly-labeled marijuana edibles from our client’s personal belongings without permission.  Only after she knowingly ate her way into a hazy […]

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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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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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Problems with the Identification of CBD by Thin Layer Chromatography

Thin layer chromatography (TLC) is a well-known qualitative laboratory technique to separate, detect and identify plant material extracts that have been processed so they longer possess botanical characteristics that can be observed through macro and microscopic analysis.  This includes cannabis products like gummies, truffles, bars and other edibles, but also substances like tar, ground plant material and oils. In the FAQ section of the Iowa Division of Criminal Investigation Criminalistic Laboratory – Drug Identification website (https://dps.iowa.gov/divisions/criminal-investigation/criminalistics-laboratory/drug-identification), testing for controlled substances includes: The net weight (weight of substance without packaging) of the substance is recorded prior to any sampling and then […]

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