You are here
Home 🌿 Marijuana Politics 🌿 Tallahassee will cease prosecutions of marijuana possession cases 🌿News Categories
Tallahassee will cease prosecutions of marijuana possession cases

Marijuana possession cases will no longer be prosecuted in Tallahassee, Florida and the surrounding area, according to a letter to law enforcement agencies from the State Attorney. The action was taken in response to the legalization of hemp in Florida earlier this year and at the federal level with the passage of the 2018 Farm Bill.
In the letter from Jack Campbell, the State Attorney for Florida’s 2nd Judicial Circuit, law enforcement agencies were informed that the difficulty in easily differentiating hemp and marijuana led to the decision.
“Hemp products look and smell exactly like marijuana products,” Cambell told local media.
Marijuana or Hemp?
Campbell noted that there are now CBD gummies, hemp pre-rolls, and other products that are now legal being sold in Florida. And while they may seem to be made from marijuana based on their smell or appearance, there isn’t a way to tell without sophisticated laboratory analysis.
“It’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,” said Campbell.
Currently, both private and government labs in Florida use lab tests that only indicate the presence of THC, not the concentration of the cannabinoid. Field tests to identify marijuana that are commonly used by law enforcement officers face similar limitations. With hemp products containing less than 0.3% THC now legal, prosecutors are no longer able to bring charges based solely on the presence of THC in a sample.
“The current posture is that no public or private lab in Florida can do this dispositive testing. The Florida Department of Agriculture is unable to do so, and while there are some private labs that may want to get this business, they are not online as of now,” Campbell wrote in the letter.
Because of the difficulty, Campbell said that his office would no longer prosecute marijuana possession cases until “such time that a scientifically proven test that can be introduced into evidence can distinguish illegal marijuana from legal hemp.”
No More Search Warrants Based on Smell
Campbell also informed all police departments and sheriff’s departments in the 2nd Judicial Circuit that his office would no longer authorize search warrants based on field tests for THC, the smell of marijuana, or an alert from drug-detecting dogs.
“Much of the search and seizure law hinges on either the officer’s or K-9’s ability to smell. This seems to now be in significant doubt,” Campbell wrote.
Campbell acknowledged that the new law would present challenges to law enforcement and said that he expected different agencies could adopt different approaches to the enforcement of marijuana laws.
“I 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,” said Campbell.
420 Intel is Your Source for Marijuana News
420 Intel is the leading source for cannabis news from around the world. Get the latest updates on cannabis legalization, politics and technology, as well as developments in medical and recreational marijuana news. Our commitment is to bring you the most important cannabis news stories every day of the week.
At 420 Intel we understand that effective marijuana industry news coverage is a constant endeavor. Every day stories develop regarding cannabis legalization, technological developments, and the medicinal benefits of marijuana use. Each new development carries the potential to impact the marijuana industry regionally, nationally, and internationally. 420 Intel is the marijuana industry news outlet that will keep you up to date on these developments and how they impact the world around you.
With the marijuana industry constantly evolving, you need a cannabis news outlet to keep you abreast of the pertinent information. At 420 Intel, we cover marijuana legalization news throughout the world, offer reliable information for cannabis business owners, detail technological advances that impact the marijuana industry, cover marijuana rallies from across the globe, and everything in between.
You can get 420 Intel news delivered directly to your inbox by signing up for our daily marijuana news, ensuring you’re always kept up to date on the ever-changing cannabis industry. To stay even better informed about marijuana legalization news follow us on Twitter, Facebook and LinkedIn.