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Marijuana vs Hemp: How the Question Comes Up in Enforcement

When officers encounter cannabis today, they cannot assume it is marijuana. This page looks at the marijuana vs hemp question as it arises in traffic stops, shipments and searches.

By Ted Menadier, MBA

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.

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