Controversy continues in Tennessee over complex marijuana laws

NASHVILLE, Tenn. (WTVF) — The controversy over the prosecution of marijuana arrests in the state of Tennessee continues.

The TBI director did not apologize for the way the agency’s experts test evidence used in court. However, other experts said there are problems that could result in criminal records or prison time for innocent citizens…

Last week I told you about George Worden. Four years ago he was convicted of possession of marijuana, a product he bought legally at a store in Gallatin.

Meet George: Some Tennessee marijuana convictions could be overturned after probationary questions

He served two months in prison and just a few days ago his sentence was revoked.

“I was surprised. It’s very rare that a guilty verdict is overturned at trial,” Worden said.

Why did this happen?

The TBI had warned prosecutors that the evidence might not be conclusive.

TBI Director David Rausch explained that the tests are accurate, but the difference between legal and illegal cannabis products in Tennessee is minimal.

“It’s a game of subtleties and that’s the issue we have to address.”

Here’s the problem.

THCA (or Delta 8 or 9 products) are legally sold in Tennessee if the level of THC, which produces the psychoactive effect, is less than three percent.

But when heated, as they do in some tests, THC can increase to an illegal level.

Director Rausch said buyers should be careful because they could be charged with an illegal product.

“If you’re looking to get high, buy THCA and heat it up because that’s what’s happening… I’m not that naive about this,” Rausch said.

It is a complex issue.

“This happened because of a gray line rather than being very black and white,” said Clint Palmer, a former hemp researcher at Middle Tennessee State University.

He often testifies in marijuana cases arguing that the TBI cannot determine whether cannabis was legal or illegal at the time of purchase or after testing led to false convictions.

This is a problem.

“It’s a matter for legislators, but also for state regulators. A lot of laws are open to interpretation,” Palmer said.

But Palmer said if there’s one thing consumers can take advantage of until laws are changed, they should consider treating any legal cannabis products they buy in Tennessee as if they were marijuana.

The conclusion from experts like Palmer: Current marijuana laws put the TBI, police and consumers in a very difficult position, and lawmakers must do something to address the confusion.

Do you have more information on this story? You can email me at [email protected].

She is in her 80s and legally blind. A Franklin woman continues to crochet for those in need

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