'I feel lucky, for real': How legalizing hemp accidentally helped marijuana suspects - Jon Schuppe, NBC News:
August 18, 2019 - "With the passage of new hemp-legalization laws over the past eight months, crime labs across the country have suddenly found themselves unable to prove that a leafy green plant taken from someone’s car is marijuana, rather than hemp. Marijuana looks and smells like hemp but has more THC, the chemical that makes people high.
"Without the technology to determine a plant’s THC level, labs can’t provide scientific evidence for use in court. Without that help, prosecutors have to send evidence to expensive private labs that can do the tests or postpone cases until local labs develop their own tests, a process that could take months.
"Rather than deal with prohibitive costs or lengthy delays, prosecutors in several states, including Texas, Florida and Ohio, are dropping low-level pot cases altogether or declining to bring new ones. Police in those states are now unsure whether their age-old pretext for searching cars ─ the smell of pot ─ is still valid. Some have been told not to make any arrests for marijuana possession, although they can issue tickets and confiscate the suspected drugs for testing later.
"There is no way to determine how many cases have been imperiled by the new laws, but they number in the hundreds, perhaps thousands, law enforcement officials say.... Some observers have described the hemp laws as de facto decriminalization, although lawmakers insist that’s not the case....
"[T]he 2018 Farm Bill, passed by Congress in December, ... made made hemp a legal crop.... In order to distinguish hemp from marijuana, which remains illegal under federal law, Congress defined hemp as having less than 0.3 percent of THC. The Farm Bill left it to states to pass their own laws on cultivating hemp; 47 states have done so, according to the National Conference of State Legislatures. Most of those states adopted the 0.3 percent standard....
"Before hemp was legalized, all the labs usually had to do on pot cases was conduct a relatively cheap and quick series of tests that showed whether something came from a cannabis plant.... Now, many will have to purchase new testing equipment, hire more staff, train staff on new testing methods and get the methods approved for use in court.
"In Tennessee, the state Bureau of Investigation has asked prosecutors to be selective in the pot cases they choose to pursue, and to not submit evidence from misdemeanor pot cases until labs develop new testing procedures.... Several counties in Georgia said they have stopped pursuing misdemeanor marijuana charges. In Florida, prosecutors in at least four judicial circuits have told police they won’t file marijuana cases without a lab test."
Read more: https://www.nbcnews.com/news/us-news/i-feel-lucky-real-how-legalizing-hemp-accidentally-helped-marijuana-n1043371
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August 18, 2019 - "With the passage of new hemp-legalization laws over the past eight months, crime labs across the country have suddenly found themselves unable to prove that a leafy green plant taken from someone’s car is marijuana, rather than hemp. Marijuana looks and smells like hemp but has more THC, the chemical that makes people high.
"Without the technology to determine a plant’s THC level, labs can’t provide scientific evidence for use in court. Without that help, prosecutors have to send evidence to expensive private labs that can do the tests or postpone cases until local labs develop their own tests, a process that could take months.
"Rather than deal with prohibitive costs or lengthy delays, prosecutors in several states, including Texas, Florida and Ohio, are dropping low-level pot cases altogether or declining to bring new ones. Police in those states are now unsure whether their age-old pretext for searching cars ─ the smell of pot ─ is still valid. Some have been told not to make any arrests for marijuana possession, although they can issue tickets and confiscate the suspected drugs for testing later.
"There is no way to determine how many cases have been imperiled by the new laws, but they number in the hundreds, perhaps thousands, law enforcement officials say.... Some observers have described the hemp laws as de facto decriminalization, although lawmakers insist that’s not the case....
"[T]he 2018 Farm Bill, passed by Congress in December, ... made made hemp a legal crop.... In order to distinguish hemp from marijuana, which remains illegal under federal law, Congress defined hemp as having less than 0.3 percent of THC. The Farm Bill left it to states to pass their own laws on cultivating hemp; 47 states have done so, according to the National Conference of State Legislatures. Most of those states adopted the 0.3 percent standard....
"Before hemp was legalized, all the labs usually had to do on pot cases was conduct a relatively cheap and quick series of tests that showed whether something came from a cannabis plant.... Now, many will have to purchase new testing equipment, hire more staff, train staff on new testing methods and get the methods approved for use in court.
"In Tennessee, the state Bureau of Investigation has asked prosecutors to be selective in the pot cases they choose to pursue, and to not submit evidence from misdemeanor pot cases until labs develop new testing procedures.... Several counties in Georgia said they have stopped pursuing misdemeanor marijuana charges. In Florida, prosecutors in at least four judicial circuits have told police they won’t file marijuana cases without a lab test."
Read more: https://www.nbcnews.com/news/us-news/i-feel-lucky-real-how-legalizing-hemp-accidentally-helped-marijuana-n1043371
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