NASHVILLE, Tenn. (WTVF) — There's continuing controversy over the prosecution for marijuana arrests in the state of Tennessee.
The TBI director made no apologies for how agency experts test the evidence used in court. But, other experts said there are problems that could result in criminal records or jail time for innocent citizens ...
I told you last week you last week about George Worden. He was convicted four years ago for marijuana possession for a product he legally bought at a Gallatin store.
Meet George: Some marijuana convictions in Tennessee could be overturned after testing questions
He served two months in jail then just days ago his conviction was overturned.
"It shocked me. It's very rare to have a guilty verdict from a trial overturned," said Worden.
Why did this happen?
The TBI had warned prosecutors the testing of the evidence may not be conclusive.
TBI Director David Rausch explained the testing is accurate, but the difference between legal and illegal cannabis products in Tennessee is razor-thin.
"It's a hairsplitting game and that's the issue we have to deal with."
Here's the issue.
THCA — or Delta 8 or 9 products — are legally sold in Tennessee if the THC level, which gets you high, is under point three percent.
But when heated — as they do with some testing — the THC can increase to an illegal level.
Director Rausch said it's buyer beware because you may then be charged for an illegal product.
"If your intent is to get high then buy THCA and heat it up because that's what's happening ... I'm not naive to this," said Rausch.
It is a complex issue.
"This happened because of a gray line instead of being very black and white," said Clint Palmer a former hemp researcher at Middle Tennessee State University.
He often testifies in pot cases arguing the TBI can't tell if the cannabis was legal or illegal at the time of purchase or after testing leading to false convictions.
That's a problem.
"It falls back to lawmakers, but also regulators in the state. A lot of laws left open to interpretation," said Palmer.
But Palmer said if there's a takeaway for the consumer until the laws are changed, you should consider treating any legal cannabis product you purchase in Tennessee like it's marijuana.
The bottom line from experts like Palmer: The current marijuana laws put the TBI, police and consumers in a very difficult position, and lawmakers need to do something to address the confusion.
Do you have more information about this story? You can email me at nick.beres@newschannel5.com.
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