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Cedar Rapids Criminal Lawyer: is a medical marijuana registration card an affirmative, complete defense to simple marijuana possession?

by David A. Cmelik Law PLC

Under the newly enacted Chapter 124E of the Iowa Code, it is an affirmative and complete defense to the crime of possession of a controlled substance of marijuana if the possessor suffers from a debilitating medical condition and possessed marijuana pursuant to a valid cannabidiol registration card pursuant to Chapter 124E. The statute directs that courts dismiss possessory cases against such patients who comply with the other provisions of the code and can produce a valid card at the time of their court appearance.


Iowa Code Section 124E.11 reads:


“[A]ny charge or charges filed against the person for the possession of medical cannabidiol shall be dismissed by the court if the person produces to the court prior to the person’s trial a medical cannabidiol registration card issued to that person valid at the time the person was charged.”

If you or a loved one has been charged with a felony in Cedar Rapids, Iowa City, Waterloo, or other Iowa community, note that a blog is not an adequate substitute for actual legal advice. No attorney-client relationship is established by reading such a blog nor by sending unsolicited information to an attorney over the Internet. Contact David A. Cmelik Law PLC for an initial consultation today.

Case dismissed?   Under newly enacted Iowa Code Sec. 124E.11, the prescribed and authorized use of a cannabidiol substance pursuant to Chapter 124E of the Iowa Code by one who has been diagnosed with a debilitating medical condition is an affirmative and complete defense to the crime of simple possession of marijuana and district courts are directed to dismiss cases upon the presentation of a valid cannabidiol registration card. A skilled attorney licensed attorney whose practice is limited exclusively to criminal law can scrutinize the specific facts of a given in any given prosecution for unlawful possession to determine whether the defense can be used-- in addition to other potential defects in the investigation. If you or a loved one have been arrested for a serious misdemeanor, contact David A. Cmelik Law PLC at 319-389-1889.

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