Can a Greensboro criminal defense attorney explain the difference between hemp and marijuana? Yes, of course! Hemp and CBD oils are becoming more popular, and with that comes confusion about the difference between them and marijuana. First, hemp is legal under both state and federal law, while marijuana is not. Second, hemp is indistinguishable from marijuana without a special test that can only be done at a few testing centers. Lastly, because the two substances are so similar there may defenses for you to use if you’re a hemp user that was charged with possessing marijuana. Speak with a Greensboro marijuana defense attorney today for more information about hemp and marijuana!
Hemp is completely legal, which is why hemp stores exist where people can buy drinks, snacks, or even lotions that are infused with CBD oil that contains a small amount of THC. It’s even possible to buy hemp flowers, which are essentially the bud of the hemp plant. What’s tricky about it is that it smells the same, looks the same, and even tastes the same as marijuana. How is this plant legal? Well, it doesn’t make the person using it impaired because it provides a small dosage of cannabidiol (CBD). The only way to distinguish the two plants is by a chemical analysis which provides quantified levels of THC, which can only be done be certain institutions not including the State Crime Lab or other local crime labs. The legal amount of THC is up to 0.3%, which is why hemp stores are careful to make sure their hemp does not contain any more THC than that. For more information about legal standards of impairment by THC, you should speak with a Greensboro criminal defense lawyer today!
Defenses may exist in the near future for hemp users due to probable cause. Because hemp and marijuana cannot be distinguished by any field test, the officers will need something more than seeing or smelling the substance to meet probable cause standards. In other words, they will need to be able to see visible signs of impairment as well. This makes the probable cause standards much more difficult for officers, and even more difficult for the State to prove. For more information on possible defenses, you should contact a Greensboro criminal defense attorney.
If you’re a hemp user that’s been charged with possession of marijuana, you should hire a Greensboro criminal defense attorney to choose the best defense for your specific situation! The criminal defense attorneys at Garrett, Walker, Aycoth, and Olson are here to help! Call today at 336-379-0539!