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Law Firm of Scott T. Moorey
1430 Royal Palm Square Boulevard,
Suite 101, Fort Myers, FL 33919
Phone: 239-603-6312
Toll Free: 888-821-9168
Fax: 239-275-6507

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Drug charges: Many unanswered questions about CBD and hemp

On July 1, it became legal in Florida to use CBD and hemp products that contain small amounts of Tetrahydrocannabinol, generally referred to as THC. It is the principal psychoactive constituent of cannabis. The language of the legislation sets the maximum limit of THC at .3 %, but law enforcement has no way to determine the percentage of THC in these products. Until it can be accurately measured, people who committed no crimes might face drug charges.

One such a case involves a man from another state who was a passenger in a car that was traveling home from Miami after showing various hemp products a wellness expo. When their car was pulled over, the man says he had no reason for concern because he knew his products contained CBD but little or no THC. However, deputies tested the products and detected the presence of THC.

The tests could not show the percentage of THC present in the man's products. However, he was arrested for possession of prohibited drugs because he could not produce a doctor's prescription. Reportedly, the equipment available to test for THC shows precisely the same results for high levels and trace amounts of the psychoactive ingredient. The 36-year-old man now faces three felony charges for which there is no substantiating evidence.

Anyone in Florida who faces drug charges for possessing CBD or hemp products will likely have questions about their legal rights. With this law is still evolving, an experienced criminal defense attorney will know the latest developments and have the answers. Legal counsel can work on devising a defense plan that might lead to a dismissal or reduced charges.

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