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Hemp poses legal conundrum for Florida law enforcement

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TALLAHASSEE, Fla. โ€“ Did the Florida Legislature inadvertently legalize marijuana when it passed a bill earlier this year to take advantage of a 2018 federal law that legalized industrial hemp as an agricultural product?ย 

Not technically, but state attorneys and law enforcement agencies throughout the state are facing a difficult question: How to tell the difference between the two?

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State and federal law defines โ€œindustrial hempโ€ as cannabis that has 0.3 percent or less tetrahydrocannabinol, or THC; cannabis plants that have more than that amount of euphoria-inducing THC are marijuana.

But take a simple gummy bear for example. Is it a piece of candy, a legal hemp product infused with CBD or an illegal high-THC marijuana edible?ย 

The State Attorney of Floridaโ€™s 2nd Judicial Circuit Jack Campbell said old methods of identifying marijuana, such smell or appearance, canโ€™t distinguish marijuana from hemp.ย 

โ€œIt's the same thing as if somebody looked at a glass of alcohol. You might be able to smell and tell that there's alcohol, but you couldn't look or smell and say what the proof of it is,โ€ Campbell said.

Thereโ€™s also no field test that can make the distinction.

Florida lawmakers authorized a statewide hemp program and gave oversight of the crop to Agriculture Commissioner Nikki Fried, whose office said a third-party company is currently developing a test that would distinguish between illegal marijuana and hemp.

If and when a test is created, however, Campbell said its effectiveness will have to be proven in court, which can be a lengthy and expensive process.

โ€œI have to be able to show that this test works, that it is scientifically validated,โ€ Campbell said.

Until a test is available, Campbell predicts the legal conundrum will likely be handled differently throughout the state.

โ€œI think you're going to have some agencies that are going to continue to arrest and seize. I think you are going to have some that are going to be concerned about possible wrongful arrest,โ€ Campbell said.

Ultimately, Campbell said, he believes a solution will be worked out, but the question of when and how people can protect themselves in the meantime is not clear for the time being.