Frank Robison, an attorney representing the Colorado company that purchased the hemp, told Law360 he has at least eight other clients who are facing legal trouble over hemp they have transported or attempted to import. He said the current field tests being used by the DEA and law enforcement are extremely unreliable for measuring low concentrations of THC.
“Their field tests are inherently unreliable, but they’re throwing people in jail and seizing millions of dollars worth of products based on them,” he said. “These tests have false positives on a regular basis. They will test positive on chocolate, soap, coffee, even oregano. There is a pressing need to allocate money for testing of hemp and hemp products.”
“Congress has unequivocally embraced hemp and supported the creation of a hemp industry in this country, and we are throwing drivers and security escorts in jail for transporting it as a Schedule 1 substance,” Robison said. “That is just insanity.”
Robison said that while field testing could prevent such unnecessary arrests, a uniform system of certifying and documenting legal hemp at the source could be effective as well. “We should also be allocating at the state level for testing and equipment that is uniform and calibrated,” he said. “Once a state determines it’s in compliance, there could be a suite of documentation that follows the shipment around so local sheriffs and police don’t even have to wonder if it’s hemp or marijuana.”