West Des Moines Iowa Criminal Defense Law Blog

It's an interesting time in America. The majority of states (although not Iowa) have legalized marijuana for medical use. Most states, including Iowa, have legalized low-THC CBD, a cannabis derivative, for medical purposes. And, last year, the federal government legalized hemp, a relative of marijuana that contains almost no THC, the psychoactive compound in marijuana. However, states that have anti-hemp laws have generally not lifted them.

As a result, we live in a patchwork of laws that vary from location to location. In some places, marijuana is legal for all adult purposes under state law -- yet it's still illegal under federal law. In others, low-THC CBD products are considered completely legal -- but it's unclear whether CBD is federally illegal. Then, there are places where hemp is illegal under state law but legal under federal law.

The National Registry of Exonerations recently issued its 2018 annual report. One hundred fifty-one people were exonerated in the U.S. last year after having been wrongfully convicted of various crimes ranging from traffic offenses to homicide. Together, the exonerees lost 1,639 years of their freedom.

Police and prosecutorial misconduct played an outsized role in convicting the people who were exonerated last year. In almost a third of the cases, a Chicago police sergeant and his officers were found to have framed the defendants for drug crimes and weapons offenses as part of an extortion scheme. Since the scheme was uncovered, dozens of defendants have been exonerated.

Although marijuana remains illegal in Iowa and federally, many people still use it. Moreover, a lot of people are under the misimpression that driving under the influence of marijuana isn't dangerous or illegal. Unfortunately, that's not true.

Our operating while intoxicated (OWI) law applies to any driver who is impaired by the effects of any substance. That includes alcohol, marijuana, other illicit drugs and even prescription medications.

Sometimes, the non-court consequences of criminal activity are as serious as the consequences of a conviction. These "collateral consequences," however, have traditionally come as the result of criminal prosecution. Most of the time, society doesn't inflict serious consequences on people who have never been convicted.

As technology outpaces tradition and law, however, the times are changing. Now, technology is putting the ability to judge people and inflict consequences in the hands of businesses. And, they aren't necessarily making certain their judgments are fair and free from bias or mistake.