Tag: Possession With Intent to Deliver

Murphy Presents on Cannabis Extracts at IAJ Criminal Law Seminar

On September 16, 2021 Colin Murphy presented at the annual Iowa Association for Justice Criminal Law Seminar in Iowa City. The presentation focused on the current legal status of cannabis extracts.  In particular, Colin demonstrated how defense attorneys can defend against marijuana charges involving extracts such as CBD, medical cannabidiol and delta-8 THC.     The firm takes great pride in helping to educate both the bench and bar on emerging legal issues. GRL Law.  We know hemp.

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Two Drug Felonies Binned After Warrantless Trash Rip Ruled Unconstitutional

“Bin it” is a phrase used when asking someone to put something in the trash. GRL Law recently asked the district court to bin two drug felonies arising from a warrantless trash rip.  If you are regular reader of this blog, then you know we convinced the Iowa Supreme Court earlier to find this police tactic unconstitutional in State v. Wright.  We leveraged our work in Wright to challenge felony charges in another county.  The facts were nearly identical.  Police illegally trespassed onto our client’s garbage containers set out for collection to scavenge trash.  A search of this trash led […]

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Sentencing Enhancement for Felony Possession Within “Drug Free Zones”

Felony drug offenses committed within “drug free zones” risk more time in prison. A “drug free zone” can be in, on or within 1000 feet of certain property.  This property includes schools, parks, swimming pools and rec centers as well as the contiguous land surrounding any buildings. Offenses committed on a marked school bus also count. Felonies include manufacturing, distributing or possessing with the intent to distribute a controlled substance listed in schedule I, II or III (simulated and imitation drugs included). The five-year enhancement applies only to adults (18 or older) who commit the offense involving another adult.  The […]

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The “Take-Back” Entrapment Defense

The drug defense attorneys at GRL Law are often asked about the possibility of asserting an entrapment defense in drug cases.  It’s usually in the context of a controlled buy from an informant who is trying to work off a collar. The regular entrapment defense requires evidence of excessive incitement, urging, persuasion or temptation.  Merely providing the opportunity to commit a crime is not enough. That’s why the regular entrapment defense is difficult to raise for most vanilla drug transactions.  Typically nothing excessive! But then there’s the “take-back” entrapment defense.  That is available when an informant supplies drugs to the accused […]

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Drug Charges Resulting from a Trash Rip Search Warrant? Call GRL Law

If you are facing drug charges arising from a trash rip search warrant, then you should call the drug defense attorneys at GRL Law. GRL Law pioneered the novel legal challenge to the admissibility of evidence seized from these search warrants in State v. Wright.  Police can no longer trespass onto your personal property to gather information.  Iowans also have a constitutionally recognized expectation of privacy in garbage set out for curbside collection. Many attorneys are simply unaware of these recent developments and may overlook the necessary pretrial challenges. Don’t plead guilty to any charges following a search warrant based on […]

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GRL Law Secures Dismissal of Felony CBD Charges in Polk County

The Polk County Attorney’s Office and GRL Law announce the resolution of criminal charges against Lacie Navin arising from the retail sale of hemp-derived cannabidiol (CBD) in December 2019. At the time of her arrest, Iowa’s Hemp Act, S.F. 599, which would provide for the production and retail sale of hemp products in Iowa, had not been fully implemented. Until the approval of the State Hemp Plan by the United States Department of Agriculture, it was unlawful to distribute CBD products under Iowa Code chapter 124. In late November 2019, Mid-Iowa Narcotics Enforcement (MINE) Task Force officers informed Ms. Navin […]

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Court of Appeals Reminds Drug Defense Bar to Preserve Error

On June 16, 2021 the Iowa Court of Appeals issued a reminder to the drug defense bar in State v. Britcher.  Police deployed a drug K9 around Britcher’s vehicle following a traffic stop for license plate lamp and registration plate violations.  A probable cause search ensued that revealed methamphetamine. Britcher argued on appeal that police impermissibly expanded both the duration and scope of the traffic stop.  He also challenged the use of the K9 inside his car.  Three issues in total. The Court of Appeals upheld the admissibility of evidence because police did not expand the duration of the traffic […]

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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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The Reciprocity Defense for Possessing Out-of-State Medical Marijuana in Iowa

When it comes to possession charges for out-of-state medical marijuana, you should look no further than GRL Law. Many prosecutors will charge these possession offenses under Iowa Code section 124.401(5).  This effectively treats medical marijuana like a street drug rather than a therapeutic purchased at a licensed dispensary.  Most attorneys who dabble in criminal defense accept this framing and go to work negotiating a mandatory minimum plea or deferred judgment. Not GRL Law. We won’t rest without fighting to get the charges dismissed. How do you choose the right attorney for this specialized possession charge in Iowa?  Just ask them […]

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