Resource

Hemp vs Marijuana Classification in Litigation

For attorneys: where classification disputes usually turn, and what to ask for early.

By Ted Menadier, MBA

Common factual disputes

Classification cases usually turn on sampling, chain of custody, the THC measure used, conflicting COAs and whether material was identified by appearance or odor.

Records to request

  • All COAs for the material, including pre-harvest tests
  • Sampling records and chain of custody
  • Lab method and reporting information
  • Photos of the material when found
  • Shipping documents and invoices

Role of an expert witness

An industry expert can explain cultivation, sampling and testing practices and how they apply to the material at issue. Legal conclusions remain for the court.

Need this analyzed in a matter?

Ted Menadier, MBA provides expert witness services in litigation involving cannabis, marijuana and hemp cultivation, crop loss, crop valuation, business operations, insurance claims, testing, classification and related industry matters. Request a consultation or see information for attorneys.

Ted Menadier is an expert witness and industry consultant, not an attorney. Nothing on this website is legal advice, and contacting Ted does not create an attorney-client relationship. Expert scope is determined by the facts and issues of each engagement.

Discuss a matter

A clear opinion begins with a focused conversation.

Ted Menadier, MBA · 717-357-0148 · ted@growminded.com