Tag: pretrial discovery

Suppression of Urine Test Result Leads to OWI Dismissal WIN

Northwood, Worth County, Iowa.  The district court in Worth County granted the State’s motion to dismiss the charge of OWI, but not before suppressing the results of a urine test. A thorough review of traffic stop and implied consent videos revealed several issues that were briefed by the drugged driving attorneys at GRL Law, including whether: The deputy lacked reasonable suspicion to detain the driver; The deputy unreasonably prolonged the traffic stop to await a drug dog; The drug dog trespassed onto the vehicle turning the “free air sniff” into an unreasonable search; The handler cued the drug dog to […]

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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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New Hemp Testing for Total THC Requires 5 Grams

The Iowa Division of Criminal Investigation Criminalistics Laboratory recently updated its policies regarding Cannabis testing in light of the 2018 Farm Bill, S.F. 599 and H.F. 2581.  Under the new laws, cannabis containing less than 0.3% total THC (Δ9-THC + THCA) is considered hemp.  Hemp extracts, including CBD, are no longer controlled substances under state and federal law. The drug identification section is now capable of performing semi-quantitative testing of plant material to determine the total THC amount.  The method of analysis mirrors that used by the federal Drug Enforcement Administration.  If the sample exceeds 0.3%, then the substance will […]

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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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Theft Charge Dismissed on Eve of Trial WIN

Fort Dodge, Webster County, Iowa.  The Webster County Attorney’s Office dismissed a single count of theft at the state’s expense against our client on the eve of jury selection.  The criminal trial attorneys at GRL showed once again how thoroughly developing a theory of defense through the aggressive pursuit of pretrial discovery, including interviewing and subpoenaing witnesses not listed by the state, often makes a significant impact on the state’s decision to move forward.  In this case, we raised enough reasonable doubt as to the issues of ownership and intent such that a NFG verdict seemed the only likely outcome.  […]

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