simple possession Archives

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 […]

Murphy Named to 2022 Super Lawyers

For the fifth time since joining GRL Law in 2018, Colin Murphy was once again named to the Great Plains Super Lawyers list in 2022, an honor reserved for those lawyers who exhibit excellence in practice. Only 5 percent of attorneys in the region receive this distinction.

Iowa Supreme Court Reinstates Drug Possession Conviction

On December 3, 2021 the Iowa Supreme Court reinstated a drug possession conviction in State v. Jones. The ruling provides a good reminder to the drug defense bar regarding the differences between actual and constructive possession. The drugs in this case were located in a small drawstring bag on the ground near Jones’ front bumper. The Iowa Court of Appeals determined this was a constructive possession case because the bag was not found on Jones. That is an incomplete statement of the law. A person can be in actual possession when substantial evidence supports a finding the contraband was on […]

Firearm Prohibition is a Collateral Consequence of Using Marijuana

One of the collateral consequences to a drug conviction is the prohibition against possessing a firearm or ammunition. Even if the charge does not involve a firearm. Did you know that Iowa law tracks federal law when it comes to marijuana and firearms? A drug conviction within the past 365 days will trigger the prohibition. So will a self-admission of use or possession in an officer’s narrative report. Or multiple arrests within 5 years establishing a pattern of use. This can include drug related DUIs or paraphernalia charges with positive residue tests. Same for use of marijuana under a state-approved […]

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 […]

Posted on October 25, 2021December 29, 2021
Colin Murphy
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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.

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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