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Test Shows Massive ‘Marijuana’ Bust Is Hemp

Test Shows Massive ‘Marijuana’ Bust is Hemp
Photo Dan Curtis for Cannabis Now

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Test Shows Massive ‘Marijuana’ Bust Is Hemp

The DA still insists on testing the entire 9-ton shipment.

In mid-January, law enforcement authorities in Osage County, Oklahoma, believed they had on their hands the bust of a lifetime: 18,000 pounds of marijuana in a tractor-trailer, on its way from Kentucky to a buyer in Colorado, seized after a driver was foolish enough to run a red light.

Nobody in those parts had ever seen anything like it before. It was not the biggest marijuana bust ever in history, but the biggest in local memory. For the cops involved and for Mike Fisher, Osage County’s new district attorney — who had been on the job for five days when this case appeared — it would be the seizure of a lifetime, a boast good for the rest of their careers.

All that was needed was proof that the 18,000 pounds of “plant material” was, in fact, marijuana and not non-psychoactive, legal-to-ship-across-state-lines hemp, as the truck’s shipping manifest claims, as defense attorneys for the four men arrested and charged with drug trafficking insist, and as preliminary testing conducted by authorities indicates.

According to defense attorneys, 11 samples from the shipment have been tested and only two show THC levels above the 0.3 percent threshold that determines, legally speaking, whether a particular batch of cannabis sativa is hemp or marijuana, and those “marginally.”

But Fisher won’t quit easy. Unsatisfied with this bust-busting result (and apparently unwilling to drop charges, release the tractor-trailer and its contents, and let the two of the four men arrested out of jail, where they sit, unable to secure bond) Fisher is planning to send the entire 9-ton shipment onto Colorado (its original destination) in order to be tested, Tulsa World reported.

Exactly what that would entail and what it would cost is unclear — as is why, exactly, the preliminary testing is insufficient, or why the men were arrested and the cargo seized prior to testing (and not, say, merely detained).

Actually, that’s not true. It’s perfectly clear. Osage County wants its bust, evidence be d*mned.

“They are trying to call this marijuana,” Lyons told Tulsa World, “when it’s clear to the rest of the sane world that it’s not.”

Part of the reason for the DA’s fanatical pursuit of a determination that would let charges stick, Lyons speculated, is a steadfast refusal by some law-enforcement agencies to accept that hemp might be a legal industry.

Representatives from the Fisher’s office did not comment to the newspaper.

Another anonymous law-enforcement source told a local Fox affiliate that the case is bunk and would never have been charged had their department (whatever it is) handled the case.

Whatever the motivation and whatever the final result, the Great Osage County (Non)bust of 2019 is likely to have a massive chilling effect on interstate hemp commerce which, among other things, needs some assurance that shipments won’t end up in the possession of overzealous police in order to thrive.

Interstate commerce in hemp was always legal, but there is newfound interest in growing the plant — the source material for the “legal-in-all-50-states” CBD oil available in bodegas, bookstores, and family-run video-rental stores across the country — after President Donald Trump signed into law the 2018 Farm Bill, which legalized hemp farming in all 50 states in December 2018.

So excited for Kentucky, a major hemp-producing state and the source of the material seized in the Osage County bust, was Senate Majority Leader Mitch McConnell that he whipped out a hemp pen for the occasion.

If McConnell were serious, he could use that pen to send a letter to law-enforcement officials in Osage County, who might then seize the letter and the pen and send them on for testing. As many times as is necessary until they get the result they need for this hemp shipment to be a weed bust.

TELL US, do you foresee future problems when it comes to defining hemp?

3 Comments

3 Comments

  1. YearofAction

    February 5, 2019 at 11:21 pm

    Carefully reforming the conflicted federal definition of marijuana will eliminate the misidentification of cannabis as “marijuana” or “hemp”. Marijuana refers to smoking cannabis. Hemp refers to using cannabis fibers. By recognizing that the obscure federal definition of marijuana actually identifies the smoke of cannabis plants, then the need to use THC to determine the plant’s legality will be eliminated. Simply interpreting that definition – which was only made more obscure by the recent “hemp” exception – in the correct way that upholds our Constitution, will put the testing where it needs to be – in the lab, determining which legal cannabis products are suitable for children.

    Another word for an obscure definition is: Riddle. There is nothing that is Necessary or Proper about a federal law creating a definition that is a riddle. Never has been, either.

    Putting the correct solution of that “marihuana” riddle into text will comprehensively reform the federal definition of marijuana to carefully deschedule cannabis plants. This reform will make the definition uphold our Constitution in the Necessary and Proper way so that it can be subsequently removed from Schedule 1 due to the adulterated medical value that marijuana itself derives from cannabis plants:

    The term “marijuana” means all parts of the smoke produced by the combustion of the plant Cannabis sativa L. which is, as are the viable seeds of such plant, prohibited to be grown by or sold by any publicly traded corporation or subsidiary company, and such smoke is prohibited to be inhaled by any child or by any person bearing any firearm, as is the intake of any part or any product of such plant containing more than 0.3% THC by weight unless prescribed to such child by an authorized medical practitioner.

    With regard for our rights to use cannabis, let’s convince the government to leave behind the 20th century propagandized misconceptions, federal misnomers, and legal misconstructions by contacting our members of Congress to enact this careful and comprehensive 21st century reform of the federal definition of Schedule 1 marijuana.

    • Maxcatski

      February 21, 2019 at 11:30 am

      “Smoke”? That’s the basis of your definition for cannabis? What have you been smoking? I want some.

  2. Kevin

    February 5, 2019 at 9:57 am

    Another UNINFORMED idiot, out of touch with reality. IGNORANT about rules on Industrial Hemp.

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