NEW YORK (AP) – Prosecutors are planning to drop all charges in a New York City case that spotlighted how similarities between legal hemp plants and marijuana can cause confusion.

The Brooklyn district attorney’s office said Tuesday that Ronen Levy’s felony marijuana possession case will likely be dismissed Dec. 2.

Levy was arrested Nov. 2 after going to a police station to collect 106 pounds (48 kilograms) of plants that were seized during shipping from a Vermont farm. They were headed to his brother’s CBD shop.

The Levys said the plants were legal hemp used for extracting CBD.

Police said a field test came back positive for marijuana, but those tests often can’t distinguish legal hemp from pot.

Ronen Levy is free without bail.

Police haven’t immediately commented on the expected dismissal.