by Dale Chappell
Medical marijuana is legal in the state of Minnesota, but recreational use is not. This causes problems for the state’s Hemp Pilot program, which licenses growers of hemp as long as the THC concentration stays below 0.3 percent. If the THC is greater than that, it’s considered marijuana, and it constitutes a crime.
“Since a hemp plant and a marijuana plant are the same species of plant, they would yield the same results” in a lab test for THC, the Midwest Regional Forensic Laboratory at the Anoka County Sheriff’s Office said in a statement. “This made our job difficult as we were unable to determine if an item was from a hemp plant or a marijuana plant with our current methods of testing.”
The lab has figured out a way to differentiate the THC in a hemp plant from a marijuana plant.
The new testing method, which went live March 25, 2020, gives law enforcement and prosecutors scientifically valid information that they need to either arrest someone for possessing marijuana or, much more importantly, not to arrest them if they are merely possessing legal hemp.
Since hemp can be used to make everything from food to lotions to sandals, there have been no regulations on the sale of hemp products. Being able to determine the THC purity level of a product gives law enforcement and the public more control over what’s being done with hemp products, some say.
“The Midwest Regional Forensic Laboratory is the first of eight accredited and publicly funded labs” to begin quantitative cannabis testing in the state, according to the publication Forensic.
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More from this issue:
- Police State: From Social Justice to Social Dominance, by Michael Fortino, Ph.D
- Sixth Circuit Vacates Firearms Possession Conviction; Government Showed Jury Unauthenticated Prejudicial Facebook Video Not Admitted as Evidence, by Matthew Clarke
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- Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context, by Dale Chappell
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- California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property, by Douglas Ankney
- Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress, by Dale Chappell
- Massachusetts Supreme Judicial Court: GPS Monitoring Unreasonable When It Doesn’t Further Any Governmental Interest, by Douglas Ankney
- D.C. Circuit Reverses Nearly 50-Year-Old Murder Conviction Over Faulty Hair Evidence, by Dale Chappell
- Minnesota Supreme Court: Non-Identifying Information About CI Must Be Disclosed Upon Request, by Anthony Accurso
- Michigan Supreme Court Announces Court Must Inform Defendant of Consecutive Sentencing Authority When Accepting Plea, by David Reutter
- Massachusetts Supreme Court: Officer’s Handling of Cellphone Exceeded Scope of Inventory Search, by Anthony Accurso
- Seventh Circuit Reverses Denial of Motion to Suppress Because Police Lacked Reasonable Suspicion to Frisk, by Douglas Ankney
- FOIA Redaction Limbo: How Low They Will Go, by Edward Lyon
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, by Dale Chappell
- California Court of Appeal: Trial Court Abused Discretion Denying Compassionate Release Where Statutory Criteria Are Met, by Dale Chappell
- Colorado Supreme Court: Warrant Allowing General Search of Cellphone Unconstitutional Violation of Particularity Requirement, by Douglas Ankney
- Eleventh Circuit Holds Georgia Terroristic Threats Conviction Overbroad for ACCA, by Dale Chappell
- Policing is irrelevant for public safety — but these alternatives are proven to work, by Justin Podur/Independent Media Institute, AlterNet.com
- Myth of Technology as an Equalizing Force in Criminal Justice, by Anthony Accurso
- Kansas Supreme Court: District Court Failed to Apprise Defendant of Right to Jury Trial, by Douglas Ankney
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- Oklahoma Enacts Jailhouse Informant Law, Joins Other States, by Dale Chappell
- South Carolina Supreme Court Overturns Murder Conviction Where State Presented Improper Testimony Regarding Trace DNA Evidence, by Douglas Ankney
- Iowa Supreme Court Announces That ‘Good Cause’ in Newly Amended Appeals Statute Means ‘a Legally Sufficient Reason’, by Douglas Ankney
- South Carolina Supreme Court: State Cannot Appeal Guilty Plea, by David Reutter
- Two New Forensic DNA Standards Added to the OSAC Registry
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- Neuroscience and Criminal Cases, by Jayson Hawkins
- Maine Supreme Judicial Court Vacates Conviction on Double Jeopardy Grounds, by Douglas Ankney
- Eighth Circuit Affirms Habeas Relief Decades After Conviction Because Prosecutor Destroyed Evidence Prior to Trial, by Dale Chappell
- Eleventh Circuit Vacates Firearm Conviction Based on Rehaif, by Douglas Ankney
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- New Method to Determine Time of Death for Forensic Investigators, by Kevin Bliss
- Using Doctor-Prescribed Marijuana Could Send Some People Back to Prison, by Douglas Ankney
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- News in Brief
More from Dale Chappell:
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- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, Dec. 15, 2022
- Federal Habeas Corpus: Role of the Magistrate Judge, Nov. 15, 2022
- Federal Habeas Corpus: Obtaining Habeas Relief After a Guilty Plea, Oct. 15, 2022
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- Fifth Circuit: New, Retroactive Supreme Court Decision Allowing SOS Habeas Petition Not New Enough to Avoid Procedural-Default Bar, Sept. 15, 2022
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