It’s a common response. People who are arrested for marijuana possession urge law enforcement to test them—volunteering to provide a urine sample to show that they are “clean.” However, law enforcement is never interested. First, they control their investigation, not the defendant. If something will disprove their case, they will not seek it out. Second, even if a defendant is interested in providing such a sample, marijuana possession doesn’t require consumption in Iowa.
Iowa Code § 124.401(5) merely requires possession: “It is unlawful for any person knowingly or intentionally to possess a controlled substance . . . .” Whether a UA will speak to the jury question is unclear but also unlikely.
The more important facts have to do with where the marijuana is in relation to the defendant and other potential codefendants at the time of its seizure, verifiable observations regarding other items seized—was contraband or paraphernalia seized from other codefendants at the same time? Did other codefendants make admissions or take responsibility for the marijuana at the time? Did officers ignore these admissions and arrest everyone?
It will now be important for a person arrested for marijuana possession in Iowa to hire a lawyer and review discovery to determine if there are any defects in the prosecution. If you or a loved one has been arrested for marijuana possession in the State of Iowa, contact David A. Cmelik Law PLC at 319-389-1889 or https://www.daclawfirm.com today for a free initial consultation.
However, remember that a blog is not legal advice and that sending unsolicited information to an attorney over the Internet does not establish an attorney-client relationship.
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