The enforcement problem
Lawful hemp and marijuana can be packaged, transported and smelled the same way. Officers in the field often rely on appearance, odor or presumptive tests that react to cannabis generally.
What presumptive field tests show
Many presumptive tests indicate the presence of cannabinoids, not whether THC exceeds a legal threshold. A positive presumptive result is therefore consistent with both hemp and marijuana.
What resolves the question
Quantitative laboratory testing of a properly identified sample, read with the applicable definition, is what distinguishes hemp from marijuana. Documentation accompanying the material, such as COAs and shipping records, also matters.
- Quantitative THC and THCA results
- Chain of custody for the sample
- Shipping documents and COAs
- Condition and storage of the material
A note on changing law
Hemp and marijuana definitions have been amended over time at the federal level and differ by state. Which definition applies depends on the date, the jurisdiction and the product, and is a question for counsel.
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.