Tag: possession of marijuana

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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Pretrial Motion to Suppress results in dismissed charges, felony conviction avoided

Cerro Gordo County, Iowa- GRL Law attorney Grant Gangestad filed a motion to suppress evidence based upon various violations of the client’s statutory and constitutional rights. After successful depositions and negotiation with the prosecutor, several charges, including possession of controlled substance and assault with a deadly weapon charges, were dismissed.  The client received a deferred judgment on the remaining charges, avoiding a felony conviction and prison time.

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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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Discovering the Identity of a Snitch in Marijuana Search Warrant Cases

Cooperating individuals, or snitches, work closely with police in exchange for either money or leniency with their own drug charges.   They are permitted to operate with virtual anonymity in order to set up as many people as possible.  Police and prosecutors also go to great lengths to protect the identity of these assets from being disclosed. This is typically on full display in marijuana search warrant cases.  The snitch provides tips to police to establish a reasonable suspicion of criminal activity, which when coupled with other information can provide probable cause to issue a warrant.  Or they might participate instead […]

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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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