Anyone convicted of a marijuana charge in Tennessee may want to pay attention. The Tennessee Bureau of Investigation (TBI) informed District Attorneys (DAs) statewide that cannabis testing methods used to convict cannabis offenses in past years are inconclusive, according to News5 Nashville.
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The first overturned case is that of George Warden, who took a possession charge to court four years ago. Warden told police that he was carrying hemp flower purchased legally from a shop in Gallatin, Tenn. Adamant he did nothing wrong, Warden refused a plea deal.
A major development has happened for anyone convicted on a marijuana charge in Tennessee.
The Tennessee Bureau of Investigation notified District Attorneys the testing process in some past cases for marijuana evidence was not conclusive.https://t.co/r8J7uNcOTT
— NewsChannel 5 (@NC5) August 8, 2024
TBI claimed tests proved that the cannabis was illegal and not Farm Bill-compliant hemp, as Warden claimed. The defendant was found guilty, forced to serve 60 days in jail, and paid a $15k fine. Last week, the Sumner County DA called his lawyer, Blake Kelly, with news that the case would be reversed.
“We knew this was junk science. It is, and it was,” Kelley said to News5. “I like it, they are doing the right thing, but to appreciate something that should never have happened is a waste of energy.”
Test results from Warden’s case were flagged as inconclusive. Upon review, a judge and prosecutor decided that the evidence did not support the conviction beyond a reasonable doubt. This may be the first of many overturned cases across Tenn. as more DAs re-evaluate cannabis convictions.
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The TBI has since updated testing methods and equipment since the run of cases facing reversals. The agency partners with the Department of Agriculture for testing in novel circumstances. This is wise since Tennessee hemp CBD dispensaries remain popular despite fear about the new Farm Bill.
Cannabis testing is not straightforward, even in the niche lab space. Testing labs have been fraught with controversy, from falsifying results to improperly calibrating machines. There is a lot to learn about cannabis compounds and how to test for them, even in labs that cater solely to weed.
The TBI admitting to the problem may save many people unfairly prosecuted for hemp CBD products from jail, fines, and having an arrest record. This is justice served, but as Kelley put it, it never should have happened.
