Abstract
This Article examines the evidentiary and ethical challenges prosecutors nationwide face in distinguishing between hemp and marijuana under current federal and state laws. Following the legalization of hemp under the federal 2018 Farm Bill, the legal distinction between hemp and marijuana now hinges on the concentration of delta-9 tetrahydrocannabinol (THC). This distinction requires quantitative lab testing to be established. Without quantitative lab testing, prosecutors cannot accurately determine THC levels, making it challenging, if not impossible, to meet the burden of proof required for marijuana possession convictions. This Article argues that the absence of testing raises evidentiary and ethical concerns that undermine the principles of justice and due process. The Article includes a historical overview of hemp regulation, an analysis of the federal 2018 Farm Bill, a state-specific implementation of the 2018 Farm Bill—Texas House Bill 1325, and a discussion of prosecutors’ ethical responsibilities in criminal cases. The Article concludes that fair prosecutions require quantitative lab testing, as a failure to identify substances accurately undermines the justice system’s integrity and risks wrongful convictions.
Recommended Citation
Jessica Aycock, Hemp and Marijuana: The Necessity of Lab Testing for Fair Prosecutions, 45 Pace L. Rev. 231 (2025)DOI: https://doi.org/10.58948/2331-3528.2105
Available at: https://digitalcommons.pace.edu/plr/vol45/iss2/1
