The only way to distinguish hemp and marijuana is by measuring their THC and officers don't have the testing technology to do so on the spot. It's an unanticipated hiccup for the rapidly growing hemp industry.
Federal legalization of hemp arrived in the U.S. late last year and expanded an industry already booming because of the skyrocketing popularity of CBDs, a compound in hemp that many see as a health aid.
In a sign of the significance of the problem, the U.S. Drug Enforcement Administration earlier this month put out a request for information on private companies that might have the technology for field tests sensitive enough to distinguish between hemp and marijuana. Hemp remains illegal under Idaho law, and lawmakers there are scrambling to pass a legalization bill. Law enforcement agencies are urging them to include guidance on field tests.
Frank Robison, a Colorado-based attorney specializing in such cases, said he has about a half-dozen clients in similar situations in other locations. He declined to provide more information, citing his clients' desire for privacy. Ross said he provided police in Pawhuska, Oklahoma, with the state-issued license for the Kentucky farm that grew the hemp, the license for the Colorado lab that was buying it and chemical analysis paperwork for all 60 sacks of hemp that he said shows it was within federal guidelines for hemp.
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